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, THURSDAY, MAY 20, 1999 No. 74 House of Representatives The House met at 10 a.m. and was Mr. WICKER led the Pledge of Alle- CLINTON-GORE ADMINISTRATION called to order by the Speaker pro tem- giance as follows: SHORTCHANGING MEDICARE pore (Mr. QUINN). I pledge allegiance to the Flag of the (Mr. WICKER asked and was given f United States of America, and to the Repub- permission to address the House for 1 lic for which it stands, one nation under God, minute and to revise and extend his re- DESIGNATION OF THE SPEAKER indivisible, with liberty and justice for all. PRO TEMPORE marks.) f Mr. WICKER. Mr. Speaker, the mes- The SPEAKER pro tempore laid be- sage is beginning to get through that fore the House the following commu- the Clinton-Gore administration is nication from the Speaker: WELCOME TO FATHER JAMES J. NOCK shortchanging Medicare. Ill-advised WASHINGTON, DC, regulations are threatening the quality May 20, 1999. (Mr. LARSON asked and was given of health care for our Nation’s retired I hereby appoint the Honorable JACK QUINN permission to address the House for 1 citizens by cutting Medicare $20 billion to act as Speaker pro tempore on this day. minute and to revise and extend his re- below the level set by Congress in the J. DENNIS HASTERT, marks.) Balanced Budget Act. Speaker of the House of Representatives. Mr. LARSON. Mr. Speaker, I would In a letter this month to HHS Sec- f first like to extend a heartfelt thanks retary Shalala, 20 Democratic Senators PRAYER to Chaplain Ford for providing an op- joined 21 Republican Senators in urg- The Reverend Father James Nock, portunity for a dear friend and a pastor ing this administration to reverse its decision, warning that harm could Senate Chaplain, State of Connecticut, of mine in East Hartford, a person who come to elderly patients. This bipar- Hartford, Connecticut, offered the fol- has brought home and shepherds the tisan letter warns that if regulations lowing prayer: flock on a regular basis, Dr. James are not revised, we may see closings of Almighty Father, we ask Your bless- Nock from East Hartford. facilities, layoffs of dedicated care- ing on this august body, as we come to- Father Nock was born in Hartford, Connecticut, of Italian and Irish de- givers, reductions in access to skilled gether this morning to do the work of nursing services and erosion of quality our Nation. cent. He is a graduate of Saint Bonaventure University, and he also of care. Let us never forget the potential we I say to our President, your cuts in share together, to accomplish anything took his graduate studies at Sulpice in Paris, France; ordained in the Cathe- Medicare are unacceptable and they we choose. For with our combined tal- are not in compliance with the Bal- ents, abilities, and experiences, there is dral of Notre Dame in Paris on June 26, 1964, and currently the pastor of Our anced Budget Act. It is time for this no limit to what we can accomplish, administration to provide the re- only the limit of our own imaginations. Lady of Peace in East Hartford, Con- necticut. sources our senior citizens require. And we ask this of You, who lives and f reigns, forever and ever. Father also has served as the Chap- Amen. lain of the Connecticut State Senate, BIPARTISAN EFFORT FOR f and he has always brought not only CAMPAIGN FINANCE REFORM great wisdom in his remarks but a (Mr. DOGGETT asked and was given THE JOURNAL great sense of humor and a sense about permission to address the House for 1 The SPEAKER pro tempore. The the people he serves here on Earth. I minute.) Chair has examined the Journal of the want to thank Chaplain Ford so much Mr. DOGGETT. Mr. Speaker, last last day’s proceedings and announces for providing Father Nock, the parish year we forced a vote on reform to to the House his approval thereof. and the community of East Hartford clean up the way congressional cam- Pursuant to clause 1, rule I, the Jour- with this wonderful opportunity. paigns are conducted. In the words of nal stands approved. the respected commentator, Mary f f McGrory: ‘‘To get the bill to the floor reformers had to pry it out of the ANNOUNCEMENT BY THE SPEAKER PLEDGE OF ALLEGIANCE clenched jaws of Speaker Newt Ging- The SPEAKER pro tempore. Will the PRO TEMPORE rich by gathering signatures on a dis- gentleman from Mississippi (Mr. WICK- The SPEAKER pro tempore. The charge petition.’’ ER) come forward and lead the House in Chair will entertain 10 one-minutes on When that vote for reform finally and the Pledge of Allegiance. each side. belatedly occurred, we found out why.

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.

H3395

. H3396 CONGRESSIONAL RECORD — HOUSE May 20, 1999 Every single Republican leader voted not need any obstructions now. Let us Mr. DIAZ-BALART. Mr. Speaker, I against the bipartisan reform, sup- get on with it. Let us restore credi- rise today to protest a violation of the ported by good government groups, and bility to the electoral process now, not U.S. Constitution’s Bill of Rights by every Democratic leader voted for it. later. the Clinton administration. The Nevertheless, Republican delay wrote Shays-Meehan needs to be voted on Fourth Amendment to the Constitu- the obituary for this proposal in the before Memorial Day. We can do this in tion guarantees that the right of the Senate. a bipartisan way. I appeal to my col- people to be secure in their persons, This year we face the same problem. leagues, let us conclude this debate in houses, papers and effects against un- Here in this House, 196 Democrats have a civil tone. I think it is the best for reasonable searches and seizures shall signed a petition to force debate on all America. not be violated. proposals, Democratic and Republican, f Mr. Ramon Saul Sanchez, the Presi- now. Speaker HASTERT and Mr. DELAY dent of the Democracy Movement, has BREAST CANCER COALITION say wait until some time in the fall. been on a hunger strike in Miami for 16 Every Republican member who refuses (Ms. ROS-LEHTINEN asked and was days. He began this protest on May 5 to to sign this petition for timely action given permission to address the House protest the illegal confiscation of the is complicit in killing reform. Join us for 1 minute and to revise and extend boat, The Human Rights, by the Coast in a bipartisan effort. Sign now and act her remarks.) Guard, acting on orders from the Clin- now. Ms. ROS-LEHTINEN. Mr. Speaker, ton-Gore White House. The small boat f did my colleagues know this year alone was confiscated for the crime of car- one in eight women will be diagnosed rying copies of the Universal Declara- HMO REFORM with breast cancer and did they know tion of Human Rights on the high seas (Mr. GANSKE asked and was given that of those positively diagnosed the same day that dissidents within permission to address the House for 1 women 75 percent will have had no Cuba had announced that they would minute.) family history of breast cancer? peacefully be commemorating the 50th Mr. GANSKE. Mr. Speaker, I want to It continues to be the leading cause anniversary of the Universal Declara- correct the record. The other night I of cancer deaths for all women ages 35 tion of Human Rights. gave a special order on HMO reform to 54. My home State of Florida has the That apparently seditious document and inadvertently mentioned the NFIB. third highest rate of breast cancer. for the Clinton administration reads, In fact, the results I mentioned were These numbers have caused champions everyone has the right to freedom of from the National Survey of Small like Jane Torres, President of the Flor- movement and residence. Business Executives on Health Care by ida Breast Cancer Coalition, to dedi- Mr. President, today is Cuban Inde- the Kaiser-Harvard Program on Public cate their lives on heightening aware- pendence Day. Bring an end to the hun- Health and Social Policy. I was cor- ness. ger strike. Return The Human Rights rect, however, in citing the numbers. Due to the work of groups like the to the Democracy Movement. When this group of 300 small business Florida Breast Cancer Coalition, Fed- f executives was asked if HMO reform eral funds for research have now in- NINE OUT OF TEN AMERICANS were passed into law and would in- creased by as much as sixfold. Eager SUPPORT CAMPAIGN FINANCE crease premiums by up to $5 a month, advocates like Jane, Jill Lawrence, REFORM only 1 percent said they would drop Shelly Greenberg, Midge Blumberg- (Mr. CROWLEY asked and was given coverage and 5 percent did not know; 94 Krams, Teresa Menendez, Claudia permission to address the House for 1 percent would continue coverage. Dobelstein and all of the members of minute and to revise and extend his re- This cost is in the range of what I the Florida Breast Cancer Coalition marks.) think my legislation would affect pre- will continue to fight until this treach- Mr. CROWLEY. Mr. Speaker, refer- miums. This is borne out by the CEO of erous disease is eradicated. Congratula- ring to the Democratic campaign fi- Iowa Blue Cross/Blue Shield telling me tions to them. nance reform discharge petition, which that his plan is implementing the f has 196 Democratic signatures, a Re- President’s commission recommenda- A NATION THAT BANS GOD IS A publican recently remarked in Roll tions on quality and they do not expect Call and I quote, ‘‘People who sign the to see an increase in premiums from NATION THAT OPENS THE DOOR TO THE DEVIL discharge petition are committing that. treason against the party. That is how Mr. Speaker, the opponents of HMO (Mr. TRAFICANT asked and was strongly I feel about that. That is a reform are trying to scare people about given permission to address the House dangerous position to take and we need the effects of cost on access to care. I for 1 minute and to revise and extend to end that talk.’’ will be happy to share this survey of his remarks.) It is no surprise the Republican small business executives with anyone Mr. TRAFICANT. Mr. Speaker, an- Party, which outspends Democrats who wants to see some real data. other school shooting; this time in two-to-one, has proclaimed that sup- f Georgia. Everyone is desperately porting campaign finance reform searching for answers. I say the search should be a felony offense. VOTE ON SHAYS-MEEHAN BEFORE should stop right here. Congress must MEMORIAL DAY Mr. Speaker, our political system look in the mirror, because in America needs and our constituents demand (Mr. PASCRELL asked and was given today our students can study cults, campaign finance reform now. Nine out permission to address the House for 1 devil worship, Hitler, but God is of 10 Americans support campaign fi- minute.) banned, banned from our schools. I say nance reform. I repeat, 9 out of 10 Mr. PASCRELL. Mr. Speaker, with a nation that bans God is a nation that Americans. Last year, 196 Members all civility, Congress is still divided be- opens the door to the devil and to the signed the discharge petition that led tween those who believe there is too problems that we are facing as a na- to bringing the Shays-Meehan bipar- much money in our campaigns and tion. tisan campaign finance reform bill to those who believe there is never Congress, it is time to allow God the House floor. enough. We sell democracy short if we back into our schools, and I further b think the voters are not watching our recommend after all the technicalities 1015 electoral behavior. They are becoming we allow God back into our Nation. Without that petition process, the very interested in how we handle cam- f House Republican leadership would paign financing. never have let that debate occur. Time Last year, the freshman campaign fi- RETURN ‘‘THE HUMAN RIGHTS’’ TO is running out. In order to have enough nance bill was used as interference in THE DEMOCRACY MOVEMENT time for the Senate to pass campaign getting Shays-Meehan to the floor. (Mr. DIAZ-BALART asked and was finance reform, moderate Republicans With the discharge petition from both given permission to address the House must sign this discharge petition im- sides, we accomplished a vote. We do for 1 minute.) mediately. May 20, 1999 CONGRESSIONAL RECORD — HOUSE H3397 Mr. Speaker, the House must act now the moral high ground. The bombing minute and to revise and extend his re- on campaign finance reform, and pass must stop, and diplomatic measures to- marks.) it before Memorial Day. wards peace must be accelerated. Mr. HEFLEY. Mr. Speaker, whom f f should Americans trust more to pro- tect the Medicare program for seniors? THE COLD WAR IS OVER, BUT URGING MEMBERS TO JOIN IN Let us look at the facts. DANGEROUS ENEMIES STILL SUPPORT OF H.R. 883, THE AMER- Democrats sat idly by while Medicare EXIST ICAN LAND SOVEREIGNTY PRO- was on the verge of bankruptcy during (Mr. PITTS asked and was given per- TECTION ACT the period of time that they controlled mission to address the House for 1 (Mr. GIBBONS asked and was given both the White House and the Con- minute and to revise and extend his re- permission to address the House for 1 gress. Then Republicans won the ma- marks.) minute and to revise and extend his re- jority of the Congress, and almost im- Mr. PITTS. Mr. Speaker, the Cold marks.) mediately reformed and strengthened War is over. These words we have heard Mr. GIBBONS. Mr. Speaker, today I Medicare for the first time ever. Demo- repeated thousands of times since the rise in support of the gentleman from crats then attacked Republicans for re- end of Communist tyranny in Berlin in Alaska (Mr. YOUNG), chairman of the forming a program that should have 1989, especially by leftists whose eager- Committee on Resources, and the 183 been reformed a long time ago. That is ness to gut our military forces was Members who are cosponsors of H.R. fact number one. similarly obvious, even at the height of 883, the American Land Sovereignty Now consider this. We find out that the Cold War. Protection Act. this administration is spending $20 bil- It is time that the Congress reclaim But though the Cold War is tempo- lion less on Medicare than the law al- its authority granted under the Con- rarily over, all of human history ar- lows. Let me repeat that. This adminis- stitution to make decisions over lands gues that it would be foolish to let our tration is spending $20 billion less on belonging to the United States. Medicare than Congress intended and defenses down. Dangerous enemies still The United Nations has absolutely no exist. They do not care what treaties as authorized by law. right to make land designations for Hospitals are feeling the pinch. Sen- we sign, how much good will Ameri- America’s liberty bell, our Independ- cans have, and they do not care how iors are not getting the care they need ence Hall, or the Statue of Liberty, or as quickly as they need it. Why is this prosperous we become. for that matter, any land management They wish to do us harm because administration playing politics once decisions for our national parks like again with Medicare? Again, I ask the they resent our wealth, reject our the Grand Canyon or Yosemite. democratic values, despise our reli- question, whom should seniors trust Former Ambassador Jeanne Kirk- more to protect Medicare? gious traditions, and cannot maintain patrick said it best: ‘‘What recourse f their tyrannies at home knowing that does an American voter have when freedom exists in a bastion we call U.N. bureaucrats from Connecticut or TRANSPORTATION BUREAUCRATS America. The very existence of our Na- Iraq or Libya have made decisions that SEEK TO PENALIZE WORKING tion threatens their existence. unjustly damage his or her property AMERICANS This chart dramatically shows what rights that lie near a national park?’’ (Mr. CHABOT asked and was given happens when a Nation ignores the les- It is time that this Congress reclaim permission to address the House for 1 sons of history. We do so at our peril. its constitutional authority and it is minute and to revise and extend his re- f time that America reclaims her lands. marks.) I encourage Members to join me in sup- Mr. CHABOT. Mr. Speaker, the same THE BOMBING IN YUGOSLAVIA porting H.R. 883, the American Land MUST STOP AND DIPLOMATIC Federal government that wants to see Sovereignty Protection Act. our medical records, monitor our bank- MEASURES TOWARDS PEACE Mr. Speaker, I yield back any con- ing transactions, register our private MUST BE ACCELERATED stitutional authority we may have left. post office box, and if the Vice Presi- (Mr. KUCINICH asked and was given f dent has his way, tell us where to live, permission to address the House for 1 CAMPAIGN FINANCE REFORM now wants to tax our drive to work minute and to revise and extend his re- (Mrs. CAPPS asked and was given every day. marks.) Transportation officials in Maryland, Mr. KUCINICH. Mr. Speaker, last permission to address the House for 1 minute and to revise and extend her re- with the apparent support of the Fed- night three innocent people died and eral Highway Administration, are scores were injured in the bombing of a marks.) Mrs. CAPPS. Mr. Speaker, today I cooking up a silly idea that will allow Belgrade hospital by NATO air forces. those who can afford it to skirt rush This tragedy, taken with the NATO am speaking from the other side of the aisle to reach out to our Republican hour traffic by paying to drive in a spe- bombing of the Swedish Ambassador’s friends. Many of them have been lead- cial HOT or high-occupancy toll lane. residence, the recent NATO bombing of ers in the effort to reform our cam- Those who cannot afford or do not the Chinese Embassy in Belgrade, the paign finance system. I applaud them want to pay an additional tax on a NATO bombing of refugee convoys, the for this. Today we need their courage highway their tax dollars are already NATO bombing of passenger buses and more than ever. paying for are welcome to sit in rush trains and other civilian infrastruc- It now appears we will not be debat- hour traffic while those in the so-called ture, raises grave questions about the ing this issue until September, if at all. Lexus lanes speed by. strategy and the morality of NATO’s It is difficult to go against leadership. Mr. Speaker, the reason there is a actions. No one likes to do this. I do not, either. rush hour is that people have to go to It is no longer acceptable for NATO But some issues require us to take a work. They have to go to work to sup- to blithely declare that the mass of ci- stand, and this is one of those times. port their families and to pay their vilian casualties resulting from the Today I am asking Members to stand taxes, which help to pay the salaries of bombings are unintentional and there- for what they and I and the American transportation bureaucrats who come fore simply accidental. When such acci- people believe by signing the Blue Dog up with these lame-brained ideas like dents keep repeating themselves and discharge petition. Let us bring cam- this one. result in the countless deaths of inno- paign finance reform to the floor for a Let us put a stop to this silliness be- cent people, it is time to say this must debate. We need to do it now. fore it is too late. stop. f f The continued bombing and the con- sequent catastrophic parade of inno- THE ADMINISTRATION IS AGAIN ASKING ALL MEMBERS TO SUP- cent human carnage, and NATO’s arro- PLAYING POLITICS WITH MEDI- PORT THE CAMPAIGN FINANCE gant willingness to endanger innocent CARE REFORM DISCHARGE PETITION civilians, even to mothers giving birth (Mr. HEFLEY asked and was given (Mr. LUTHER asked and was given in hospitals, forfeits NATO’s claim to permission to address the House for 1 permission to address the House for 1 H3398 CONGRESSIONAL RECORD — HOUSE May 20, 1999 minute and to revise and extend his re- minute and to revise and extend his re- Rudy, welcome to the GOP. marks.) marks.) f Mr. LUTHER. Mr. Speaker, I am here Mr. REYES. Mr. Speaker, I rise this today to ask all Democrats and Repub- morning to urge my colleagues to co- CAMPAIGN FINANCE REFORM licans to sign the campaign finance re- sponsor a bill that the gentlewoman (Ms. BERKLEY asked and was given form discharge petition. I say that, Mr. from Texas (Ms. JACKSON-LEE) and I permission to address the House for 1 Speaker, because there is no issue more are introducing today, the Border Con- minute and to revise and extend her re- important to the future of this country trol Recruitment and Retention Act. marks.) than this particular issue. This bill will correct a longstanding Ms. BERKLEY. Mr. Speaker, every I ask Members to ask themselves problem within the INS, and begins to Member of Congress knows firsthand why it seems that Congress can never address some of the recruitment and the control that money has over our get anything done. I ask Members to retention problems we have heard so electoral process, and what is worse, ask themselves why Congress cannot much about lately. This bill is not a the American people know firsthand pass health care reform legislation, cure-all. It is, however, a step in the the control that money has over our child safety legislation, or the many right direction. electoral process. other pressing issues facing this coun- I will continue to work with my col- The money spent on last November’s try. Ask why that supplemental fund- leagues on legislation for comprehen- election totaled $1 billion. This is an ing bill this week was filled with pork sive pay reform for the United States outrageous sum that hurts our democ- barrel spending, rather than dealing Border Patrol. Currently most Border racy and it hurts our constituents. If with national priorities like education. Patrol agents are kept at the GS–9 A good part of the answer is the way Journeyman level, with only 30 percent voters are disgusted and turned off by we fund campaigns in this country, the of the work force actually working at the excesses in campaign financing influence of special interests. We GS–11, even though their work is much they will not vote, and make no mis- passed this bill, we debated it last year. more comprehensive. take, voters are disgusted. They are We can pass it again now. We do not The bill we are introducing today turned off and they are not voting. need to wait so that it gets tied up in states that any GS–9 with a current Our constituents deserve better. The budget negotiations or in politics of rating of fully successful will auto- American people deserve better. Let us next year’s elections. We can pass it for matically qualify for GS–11. What does ban soft money and stop the attack ads the American people today. this mean? It means that on the aver- disguised as issue advocacy soft money pays for. Let us strengthen the Federal f age, Border Patrol agents will move from a salary of about $34,000 a year to Election Commission and give it the THE HISTORY OF CAMPAIGN a salary of about $41,000. It addresses a teeth it needs to enforce campaign fi- FINANCE pay disparity. It is fitting that we in- nance laws. This Congress must act to (Mr. SCHAFFER asked and was given troduce this legislation today and push restore confidence and participation in permission to address the House for 1 for its passage this year, which is the our electoral system. minute and to revise and extend his re- United States Border Patrol’s 7th anni- Last month my colleagues and I marks.) versary. signed a discharge petition to demand Mr. SCHAFFER. Mr. Speaker, I I believe that this is the least we can that Congress take up the important would like to respond to the vacuous do for an agency that is at the front issue of campaign finance reform. The bleatings of my esteemed colleagues on line of the defense for this country. very fact that as Members of Congress the liberal side of the aisle who invoke f we must petition our government campaign finance reform as their lat- speaks volumes and is a testament to TO FORMER DEMOCRAT RUDY est slogan. the control money has over our elec- BRADLEY, WELCOME TO THE GOP How truly audacious for the very toral process. people who created the current cam- (Mr. STEARNS asked and was given We must prove to our constituents paign finance reform to now self-right- permission to address the House for 1 that we are serious about real reform. eously proclaim their outrage at the minute and to revise and extend his re- We must make sure that our political way the government makes crooks out marks.) system represents everyone, not just of the truly honest people among us. Mr. STEARNS. Mr. Speaker, there is those that can afford it. a trend going on in America today that Just what is it about the liberal f mindset that allows them to avoid re- is not talked much about, particularly sponsibility for so many of their bad on that side, at least on the national AMERICAN LAND SOVEREIGNTY ideas and failed initiatives? level. It is a phenomenon of party PROTECTION ACT switching, and it is party-switching Consider the history of campaign fi- Mr. HASTINGS of Washington. Mr. going in one direction and one direc- nance. The liberals imposed absurdly Speaker, by direction of the Com- tion only, from Democrats to Repub- low limits on the participation of mittee on Rules, I call up House Reso- licans. Americans in the political process. It is lution 180 and ask for its immediate truly amazing how this has resulted in Over 390 elected Democrats have switched to the GOP since Clinton and consideration. things that were entirely predictable. The Clerk read the resolution, as fol- What happened? Politicians were Gore were elected in 1992. Well, the Re- lows: then forced to spend almost all their publican Party would like to welcome time raising money, and of course the latest party-switcher, State Rep- H. RES. 180 money then found other ways into the resentative Rudy Bradley of St. Peters- Resolved, That at any time after the adop- political process through soft money, burg, Florida. tion of this resolution the Speaker may, pur- suant to clause 2(b) of rule XVIII, declare the through issue advocacy, and, dare I Rudy Bradley is the only black Re- publican in the 160-member Florida House resolved into the Committee of the mention, through the Chinese Com- Whole House on the state of the Union for munist friends of the White House. And legislature, for now. Here we have a consideration of the bill (H.R. 833) to pre- of course this money, unlike direct lifetime proud Democrat who has fi- serve the sovereignty of the United States contributions, lacks full disclosure, nally come to the conclusion that the over public lands and acquired lands owned which is an invitation to corruption. Democratic Party simply does not re- by the United States, and to preserve State Why are Democrats not talking flect his values or the values of his con- sovereignty and private property rights in about that? stituents. non-Federal lands surrounding those public lands and acquired lands. The first reading of f He is tired of the Democrats’ con- stant demonizing those who disagree the bill shall be dispensed with. General de- URGING COSPONSORSHIP OF THE with them. He is tired of rhetoric that bate shall be confined to the bill and shall not exceed one hour equally divided and con- BORDER PATROL RECRUITMENT says one thing while governing as a tax AND RETENTION ACT trolled by the chairman and ranking minor- and spend liberal. He is tired of the at- ity member of the Committee on Resources. (Mr. REYES asked and was given per- tacks on the traditional values that After general debate, the bill shall be consid- mission to address the House for 1 made America great to begin with. ered for amendment under the five-minute May 20, 1999 CONGRESSIONAL RECORD — HOUSE H3399 rule for a period not to exceed four hours. printed or his designee, shall be consid- U.S. for designation as a Biosphere Re- The bill shall be considered as read. No ered as read, and may be amended. serve and would terminate all existing amendment to the bill shall be in order ex- The rule further allows the Chairman Biosphere Reserves unless, one, the cept those printed in the portion of the Con- of the Committee of the Whole to post- Biosphere Reserve is specifically au- gressional Record designated for that pur- pose in clause 8 of rule XVIII and except pro pone votes during consideration of the thorized in law by a date certain, two, forma amendments for the purpose of debate. bill and to reduce voting time to 5 min- the designated Biosphere Reserve con- Each amendment so printed may be offered utes on a postponed question if the sists entirely of land owned by the only by the Member who caused it to be vote follows a 15-minute vote. Finally, U.S., and, three, a management plan printed or his designee and shall be consid- the rule provides for one motion to re- has been implemented which specifi- ered as read. The chairman of the Committee commit, with or without instructions. cally provides for the protection of of the Whole may: (1) postpone until a time Mr. Speaker, H.R. 883 was reported by non-Federal property rights and uses. during further consideration in the Com- the Committee on Resources. The bill Finally, Mr. Speaker, the bill would mittee of the Whole a request for a recorded would restore the constitutional role of prohibit Federal officials from desig- vote on any amendment; and (2) reduce to nating any land in the United States five minutes the minimum time for elec- Congress in managing lands belonging tronic voting on any postponed question that to the United States, preserve the sov- for a special or restricted use under follows another electronic vote without in- ereignty of the United States over its any international agreement unless tervening business, provided that the min- lands, and protect State sovereignty such designation is specifically ap- imum time for electronic voting on the first and private property rights in non-Fed- proved by law, and would also prohibit in any series of questions shall be 15 min- eral lands adjacent to the Federal including any State, local, or privately utes. At the conclusion of consideration of lands. owned land in any such designation, the bill for amendment the Committee shall Under Article IV, section 3 of the unless that designation is approved by rise and report the bill to the House with those affected parties. such amendments as may have been adopted. Constitution, Congress is vested with the authority to regulate Federal The Committee on Rules has re- The previous question shall be considered as ported a modified rule, as requested by ordered on the bill and amendments thereto lands. Yet, over the past 25 years, an to final passage without intervening motion increasing expansion of our Nation’s the gentleman from Alaska (Chairman except one motion to recommit with or with- public lands have been included in var- YOUNG) of the Committee on Re- out instructions. ious land use programs with little con- sources, in order to provide Members of the House seeking to amend this legis- b 1030 gressional oversight or approval. Two notable programs are the United Na- lation with the full and fair oppor- AMENDMENT OFFERED BY MR. HASTINGS OF tions Biosphere Reserves and the World tunity to do so. WASHINGTON Heritage Sites, both of which are under Accordingly, Mr. Speaker, I urge my Mr. HASTINGS of Washington. Mr. the jurisdiction of the United Nations colleagues to support the rule and the Speaker, I ask unanimous consent that Educational, Scientific and Cultural underlying bill, H.R. 883. House Resolution 180 be amended on Mr. Speaker, I reserve the balance of Organization or UNESCO. page 2, line 2, by striking ‘‘833’’ and in- my time. There are now 47 UNESCO Biosphere Ms. SLAUGHTER. Mr. Speaker, I serting in lieu thereof ‘‘883’’. Reserves and 20 World Heritage Sites in The SPEAKER pro tempore (Mr. yield myself such time as I may con- the United States. By becoming party sume and I thank my colleague for QUINN). Is there objection to the re- to these international land use agree- quest of the gentleman from Wash- yielding me the customary 30 minutes. ments through executive action, but Mr. Speaker, this resolution calls for ington? without congressional authorization, There was no objection. a modified open rule which makes in the United States may be indirectly order only those amendments The text of the amendment is as fol- agreeing to terms to international lows: preprinted in the CONGRESSIONAL treaties which the Senate has refused RECORD and limits debate of the bill to Page 2, line 2, strike ‘‘833’’ and insert in to ratify. lieu thereof ‘‘883’’. 4 hours. These restrictions are wholly By consenting to international land unnecessary. Any time one imposes an The SPEAKER pro tempore. The gen- use designations, the United States in arbitrary time limit, one runs the risk tleman from Washington (Mr. effect agrees to impose restrictions on of limiting full debate. I oppose the HASTINGS) is recognized for 1 hour. surrounding lands which, in many rule in its current form and note that Mr. HASTINGS of Washington. Mr. cases, include a substantial amount of open rules best protect all Members’ Speaker, for the purpose of debate private property. Subjecting private rights to fully represent their constitu- only, I yield the customary 30 minutes property owners to land use restric- ents. to the distinguished gentlewoman from tions imposed without their consent, or Moreover, I have significant concerns New York (Ms. SLAUGHTER), pending even the consent of their elected rep- about the legislation the rule makes in which I yield myself such time as I resentatives, is a very serious matter. order. While the bill purports to pre- may consume. During consideration of It is a practice which this Congress serve U.S. sovereignty over the use of this resolution, all time yielded is for should emphatically reject. Federal lands, in reality, this measure the purpose of debate only. In response to growing concern about is unnecessary and could hinder United (Mr. HASTINGS of Washington asked this situation, H.R. 883 would amend States participation in international and was given permission to revise and the National Historic Preservation Act efforts to protect and preserve valuable extend his remarks.) to require congressional approval be- lands throughout the world. Similar Mr. HASTINGS of Washington. Mr. fore any nominated property may be dubious legislation has failed in two Speaker, H. Res. 180 would grant H.R. included in the World Heritage list. It previous Congresses, and this bill will 883, the American Land Sovereignty would require the Secretary of the In- get the same fate. Protection Act, a modified open rule, terior to submit a report to Congress The World Heritage Convention and providing 1 hour of general debate to be describing what impact inclusion on the Man and Biosphere Program will divided equally between the chairman the World Heritage list would have on provide the international community and ranking minority member of the the natural resources associated with with means of recognizing areas with Committee on Resources. these nominated lands. great natural and cultural significance. The rule provides for a 4-hour limit The bill would prohibit the Secretary These honorific programs respect each on the amendment process and pro- of Interior from nominating a property State’s sovereignty and have no legal vides that the bill shall be considered for inclusion on the World Heritage list jurisdiction over countries or commu- as read. Additionally, the rule makes until the Secretary makes findings nities. in order only those amendments that existing commercially viable uses Since 1973, the World Heritage Con- preprinted in the CONGRESSIONAL of the nominated land or land within 10 vention has successfully been imple- RECORD and pro forma amendments for miles of the nomination would not be mented by the United States Depart- the purpose of debate. Amendments adversely affected by its inclusion. ment of Interior. The Convention was, that are preprinted may be offered only H.R. 883 would prohibit Federal offi- in fact, a United States initiative by the Member who caused them to be cials from nominating any land in the under then President Richard Nixon. H3400 CONGRESSIONAL RECORD — HOUSE May 20, 1999 A site may be listed as a World Herit- What this bill is attempting to do is We heard testimony from Steven age site only if it contains cultural or to allow a little more public input into Lindsey whose family has operated a natural resources of universal value, this process and give the people a tiny ranch on Turkey Creek in rural Ari- and if the national government where bit of say about actions that can have zona since the 1860s. He was shocked to the site is located nominates and pro- tremendous impact on their land. find out one day that a 60-acre private tects the site. It really boils down to whether we wetland on his property was now con- Listing an area as a World Heritage still have a government of, by, and for trolled by the international RAMSAR site imposes no change in U.S. law nor the people, or has it become one of, by, Convention agreement in addition to any requirement for future changes in and for unelected bureaucrats and all the endangered species and other domestic law. It does not give over- elitists who want to control other peo- regulations he was already under. ple’s land. sight, management, or regulatory au- b 1045 thority over United States lands to any Jeane Kirkpatrick, our former am- foreign and national organization. bassador to the United Nations, wrote Under Ramsar, Mr. Lindsey said, Nor does the United States Man and to the Committee on Resources these ‘‘My rights as a private property owner Biosphere Program place any U.S. words, ‘‘In U.N. organizations, there is are threatened and the Ramsar lan- lands or resources under the control of no accountability. U.N. bureaucrats guage can be used to violate my prop- the United Nations or any inter- are far removed from the American erty rights and deprive me of the use of national body. In fact, this is a domes- voters. What recourse does an Amer- my land.’’ He added these words, Mr. Speaker: tic Federal program. It, therefore, does ican voter have when U.N. bureaucrats ‘‘The same government that promised not impose any restrictions beyond from Cuba or Iraq or Libya, all of my great, great grandfather and my those already in place under American which are parties to this treaty, have made a decision that unjustly damages great grandfather the land through the law. Homestead Act and pursuit of happi- For over 20 years, under the auspices his or her property rights that lie near ness is now the same government that of four Republican and two Democratic a national park?’’ is helping destroy these dreams.’’ Presidents, these programs have func- Professor Jeremy Rabkin of the De- partment of Government of Cornell Mr. Speaker, this is a good bill, a se- tioned with little or no controversy. rious bill; and people who truly believe The allegations by the proponents of University testified in support of this bill, saying, ‘‘The underlying problem in freedom, rather than big brother re- H.R. 883 that these beneficial programs pressive government, should support it somehow threaten the United States is that international regulatory schemes now reach more deeply into enthusiastically. sovereignty are pure fantasy. Ms. SLAUGHTER. Mr. Speaker, I However we do have a Federal, for- the internal affairs of sovereign na- tions and have therefore begun to yield 4 minutes to the gentleman from eign encroachment on American lands, Minnesota (Mr. VENTO). and I am referring to the mining and threaten internal systems of govern- ment,’’ adding that ‘‘such ventures are (Mr. VENTO asked and was given mineral rights that have been leased to permission to revise and extend his re- foreign corporations with leases that in some ways as much a threat to the stability of international law as they marks.) cost about an average of $2.50 per acre Mr. VENTO. Mr. Speaker, I thank are to our own system of government per year. These leases have been in ef- the gentlewoman for yielding me the at home.’’ fect since the days of Ulysses S. Grant. Professor Rabkin said we need this time. Mr. Speaker, I rise in opposition to If we would like to do something to bill, not to slow this dangerous trend the rule. Frankly, this bill is not cor- protect our own lands, and stop cheat- toward taking government further rectable by amendment. I think the ing our taxpayers. We should change away from the people, but also, ‘‘as a proper disposition of it is to defeat this this disgraceful giveaway. means of reasserting our own constitu- bill. I think it is, obviously, a great Our national parks do need atten- tional traditions.’’ tion, but Congress certainly could do Professor Detlev Vagts of the Har- misunderstanding. I think it reflects a better than this bill, which is designed vard Law School said international in- fear that has been translated into leg- to remedy an imaginary problem, the volvement in local and private land use islative language which is inappro- supposed encroachment of foreign decisions, ‘‘pose an import problem’’ in priate and I think the wrong direction domination over our public resources. their ‘‘tendency to shift powers and re- clearly to move, and so I do not know Mr. Speaker, another community sponsibilities from national and sub- how I could amend it. woke this morning to the horror of a national units, with active, reachable In the last session, Mr. Speaker, a lot school shooting. It is not as bad as Col- legislative bodies to remote inter- of concern arose because we proposed umbine we are told. We hope that these national bureaucracies.’’ some 60 or 70 different amendments to are not going to be fatal shots. But I realize that some opponents of this this bill. It touches on about 82 areas surely this House can be better spend- bill do not want to debate this on the in the United States that are classified ing this time, rather than spending 4 merits, so they resort to childish sar- as World Heritage sites, as Man and the hours on this one House nowhere bill, casm and try to make this bill seem Biosphere program, or as Ramsar sites. and be working on after-school pro- less than serious by making fun of it. There may be more sites in the United grams and try to do something about But this bill deserves the support of States, but those are the three prin- bringing guns under some control. all those who really believe in private cipal treaties that deal with natural Mr. Speaker, I reserve the balance of property and limited government and and cultural resources of distinction, my time. the freedom that is protected by those usually within our parks or in those Mr. HASTINGS of Washington. Mr. two great traditions on which this Na- areas; and Man and the Biosphere pro- Speaker, I am pleased to yield as much tion was built. grams which focus on special natural time as he may consume to the gen- Private property is not only one of environments, other types of environ- tleman from Tennessee (Mr. DUNCAN). the key components of our prosperity. ments that are used for scientific re- Mr. DUNCAN. Mr. Speaker, I rise in It is one of the main things that set us search; and the Ramsar sites, which strong support of this bill by the dis- apart from the former Soviet Union protect wetlands. tinguished gentleman from Alaska (Mr. and other socialist Nations. There may be other treaties and com- YOUNG), chairman of the Committee on Today almost one-third of our land is pacts that are affected, Mr. Speaker. Resources, and the rule that brings this owned by the Federal Government, and They have not been spoken of or ex- bill to the floor. another 20 percent is owned by State plored in committee. In fact, I think This bill does not prohibit or stop the and local governments and quasi-gov- most of the committee meetings have United States from including land in ernmental units. Governments at all been based on a lot of emotionalism an international land reserve. All it levels are rapidly taking over addi- and misconceptions and obviously says is that there must first be con- tional land. Perhaps even more of a some distaste for the United Nations, gressional approval so that the private threat to freedom are the restrictions which happens to be associated loosely property rights of neighboring land- being placed by government on land with some of the designations here and owners can be protected. still in private ownership. recognitions that have taken place. May 20, 1999 CONGRESSIONAL RECORD — HOUSE H3401 Incidentally, when I was looking at The question was taken; and the Weldon (FL) Whitfield Wolf Weldon (PA) Wicker Young (AK) the numbers, there are nearly 2,000 Speaker pro tempore announced that Weller Wilson Young (FL) sites globally that are recognized under the ayes appeared to have it. these programs. The United States has Ms. SLAUGHTER. Mr. Speaker, I ob- NAYS—178 very few sites that we have let in the ject to the vote on the ground that a Abercrombie Hastings (FL) Nadler development of these treaties and pro- quorum is not present and make the Ackerman Hill (IN) Neal grams; and, of course, to in fact renege Allen Hilliard Oberstar point of order that a quorum is not Andrews Hinchey Obey on this presents all sorts of problems present. Baird Hinojosa Olver to us in terms of our global leadership The SPEAKER pro tempore. Evi- Baldacci Hoeffel Ortiz in terms of the environment. dently a quorum is not present. Baldwin Holden Owens But that I think is really at the heart Barcia Hoyer Pallone The Sergeant at Arms will notify ab- Barrett (WI) Inslee Pascrell of this that there are those that cannot sent Members. Becerra Jackson (IL) Pastor attack these parks, these wildernesses The vote was taken by electronic de- Bentsen Jackson-Lee Payne directly, so they choose to wrap them- Berkley (TX) Phelps vice, and there were—yeas 240, nays Berman Jefferson Pomeroy selves in American sovereignty and 178, not voting 15, as follows: Bonior John Price (NC) some displeasure I guess with the U.N., [Roll No. 140] Borski Johnson, E. B. Rahall Mr. Speaker, and it is manifest in this Boswell Jones (OH) Rangel bill that we have before us today, H.R. YEAS—240 Boucher Kanjorski Reyes Aderholt Gilchrest Norwood Boyd Kaptur Rivers 883. Brady (PA) Kennedy Rodriguez The rule is really unfair because we Archer Gillmor Nussle Armey Goode Oxley Brown (FL) Kildee Roemer had talked and while there was some Bachus Goodlatte Packard Brown (OH) Kilpatrick Rothman fear that we might offer 70 amend- Baker Goodling Paul Capps Kind (WI) Roybal-Allard ments, as I said, it is not correctable, Ballenger Goss Pease Capuano Kleczka Rush Barr Graham Pelosi Cardin Klink Sabo but nevertheless the Committee on Barrett (NE) Granger Peterson (MN) Carson LaFalce Sanchez Rules gets up and suggested that it is Bartlett Green (TX) Peterson (PA) Clay Lampson Sanders offering an open rule, that we can offer Barton Green (WI) Petri Clayton Lantos Sandlin Clement Larson Sawyer any amendments that we want. But Bass Greenwood Pickering Bateman Gutknecht Pickett Clyburn Lee Schakowsky then they impose this time limitation Bereuter Hall (OH) Pitts Conyers Levin Serrano on the bill. Berry Hall (TX) Pombo Costello Lewis (GA) Sherman I do not think that any of us have Biggert Hansen Porter Coyne Lipinski Slaughter Crowley Lofgren Smith (WA) any visions of keeping the Congress in Bilbray Hastings (WA) Portman Bilirakis Hayes Pryce (OH) Cummings Lowey Snyder session all day tonight and late into Bishop Hayworth Quinn Davis (FL) Lucas (KY) Spratt the hours, especially a day when many Bliley Hefley Radanovich Davis (IL) Luther Stabenow Blumenauer Herger Ramstad DeFazio Maloney (CT) Stark Members would like to travel home to DeGette Maloney (NY) Stenholm their districts so they can work and be Blunt Hill (MT) Regula Boehlert Hilleary Reynolds Delahunt Markey Strickland back together with their families and Boehner Hobson Riley DeLauro Martinez Stupak constituents, a goal certainly that I Bonilla Hoekstra Rogan Deutsch Mascara Tanner share with them. But, nevertheless, the Bono Holt Rogers Dicks Matsui Tauscher Brady (TX) Hooley Rohrabacher Dingell McCarthy (NY) Thompson (CA) Committee on Rules arbitrarily sets in Bryant Horn Ros-Lehtinen Dixon McDermott Thompson (MS) place this 4-hour limit. Burr Hostettler Roukema Doggett McGovern Thurman Unfortunately, in fact I think, Mr. Buyer Houghton Royce Dooley McKinney Tierney Speaker, that my amendment is the Callahan Hulshof Ryan (WI) Doyle McNulty Udall (CO) Calvert Hunter Ryun (KS) Edwards Meehan Udall (NM) only amendment that will be offered Camp Hutchinson Sanford Engel Meek (FL) Velazquez and that we will pursue that and see Campbell Hyde Saxton Etheridge Meeks (NY) Vento whether or not the fidelity of this Canady Isakson Scarborough Farr Menendez Visclosky Fattah Millender- Waters group for American sovereignty carries Cannon Istook Schaffer Castle Jenkins Scott Filner McDonald Watt (NC) through to commercial uses of the Chabot Johnson (CT) Sensenbrenner Ford Minge Weiner property for foreign countries and enti- Chambliss Johnson, Sam Sessions Frank (MA) Mink Wexler ties that might want to mine, they Chenoweth Jones (NC) Shadegg Frost Moakley Weygand Gejdenson Mollohan Wise might want to harvest trees and do Coble Kasich Shaw Coburn Kelly Shays Gonzalez Moore Woolsey other exploitative activities in the Collins King (NY) Sherwood Gordon Moran (VA) Wu land. If there is any enthusiasm for Combest Kingston Shimkus Gutierrez Murtha Wynn Condit Knollenberg Shows saving American taxpayers and saving NOT VOTING—15 their resources for America, we will see Cook Kolbe Shuster Cooksey Kuykendall Simpson Blagojevich Evans Napolitano whether or not we can sell that par- Cox LaHood Sisisky Brown (CA) Foley Ose ticular idea. Cramer Largent Skeen Burton Gephardt Salmon But there is no reason for putting a Crane Latham Skelton Doolittle Gilman Towns Cubin LaTourette Smith (MI) Dunn Kucinich Waxman time limit on this bill. I think it is a Cunningham Lazio Smith (NJ) reflection, unfortunately, of the cir- Danner Leach Smith (TX) cumstances and the state of affairs Davis (VA) Lewis (CA) Souder b 1111 that exists in this Congress today, in Deal Lewis (KY) Spence DeLay Linder Stearns Messrs. ROEMER, SPRATT and fact, in terms of what I say, a lack of DeMint LoBiondo Stump HILLIARD and Mrs. JONES of Ohio trust between us, Mr. Speaker, which I Diaz-Balart Lucas (OK) Sununu Dickey Manzullo Sweeney changed their vote from ‘‘yea’’ to think is unneeded. ‘‘nay.’’ And, therefore, I will oppose this Dreier McCarthy (MO) Talent Duncan McCollum Tancredo Mr. TANCREDO and Ms. HOOLEY of rule. I think it is not an open rule. It Ehlers McCrery Tauzin is a rule which has a time limitation, Ehrlich McHugh Taylor (MS) Oregon changed their vote from ‘‘nay’’ and I think it is unnecessary and this Emerson McInnis Taylor (NC) to ‘‘yea.’’ English McIntosh Terry So the resolution was agreed to. House should reject the rule. Eshoo McIntyre Thomas Ms. SLAUGHTER. Mr. Speaker, I Everett McKeon Thornberry The result of the vote was announced yield back the balance of my time. Ewing Metcalf Thune as above recorded. Fletcher Mica Tiahrt Mr. HASTINGS of Washington. Mr. A motion to reconsider was laid on Speaker, I yield back the balance of Forbes Miller (FL) Toomey Fossella Miller, Gary Traficant the table. my time, and I move the previous ques- Fowler Miller, George Turner tion on the resolution. Franks (NJ) Moran (KS) Upton Stated for: The previous question was ordered. Frelinghuysen Morella Walden Mr. BURTON of Indiana. Mr. Speaker, dur- The SPEAKER pro tempore (Mr. Gallegly Myrick Walsh ing rollcall vote No. 140 on H. Res. 180 I was Ganske Nethercutt Wamp QUINN). The question is on the resolu- Gekas Ney Watkins unavoidably detained in an important meeting. tion. Gibbons Northup Watts (OK) Had I been here I would have voted ``yea.'' H3402 CONGRESSIONAL RECORD — HOUSE May 20, 1999 The SPEAKER pro tempore (Mr. to change these domestic laws so that sponsibility of Congress, not some U.N. COOKSEY). Pursuant to House Resolu- Congress must approve the sites. committee of unelected bureaucrats. tion 180 and rule XVIII, the Chair de- The Biosphere Reserve Program is The public and local governments are clares the House in the Committee of not authorized by even a single U.S. almost never consulted about creating the Whole House on the State of the law or any international treaty. That World Heritage Sites, the Ramsar Sites Union for the consideration of the bill, is wrong. Executive Branch appointees, and Biosphere Reserves. Although pro- H.R. 883. whatever their political party, cannot ponents of these programs always keep saying the designations are made at b 1115 and should not do things that the law does not authorize, and I ask my col- the request of local communities, des- IN THE COMMITTEE OF THE WHOLE leagues, what is unreasonable about ignation efforts are almost always Accordingly, the House resolved Congress insisting that no land be des- driven by Federal agencies, usually the itself into the Committee of the Whole ignated for inclusion in these inter- National Park Service. The Committee House on the State of the Union for the national land use programs without on Resources has not found one exam- consideration of the bill (H.R. 883) to clear and direct approval of the Con- ple where one of these designations was preserve the sovereignty of the United gress? requested by a broad-based cross-sec- States over public lands and acquired What is unreasonable about having tion of either the public or local offi- lands owned by the United States, and local citizens and public officials par- cials. On the contrary, these programs to preserve State sovereignty and pri- ticipate in decisions on designated land usually face strong local opposition. In vate property rights in non-Federal near their homes for inclusion in an my State the Alaska State Legislature lands surrounding those public lands international preserve? passed a resolution supporting H.R. 883, and acquired lands, with Mr. STEARNS If the boundaries of a national park and I will urge my colleagues to listen in the chair. are forced to change, even by a small to the debate, make their decision, but The Clerk read the title of the bill. adjustment, Congress must approve the remember their constitutional duty, The CHAIRMAN. Pursuant to the change. However, a 15.4 million acre and that is to make us the designees of rule, the bill is considered as having South Appalachian Biosphere Reserve lands use. been read the first time. encompassing parts of six States Mr. Chairman, I reserve the balance Under the rule, the gentleman from stretching from northeast Alabama to of my time. Alaska (Mr. YOUNG) and the gentleman southwest Virginia was created by PARLIAMENTARY INQUIRY from Minnesota (Mr. VENTO) will each unelected bureaucrats, bypassing the Mr. VENTO. Mr. Chairman, I have a control 30 minutes. Congress, and this is unconstitutional parliamentary inquiry. The Chair recognizes the gentleman and it is wrong. The CHAIRMAN. The gentleman will from Alaska (Mr. YOUNG). We need to reemphasize the congres- state his parliamentary inquiry. Mr. VENTO. Mr. Chairman, when b 1115 sional duty to keep international com- mitments from abridging traditional Members are speaking, charts are per- Mr. YOUNG of Alaska. Mr. Chair- constitutional constraints. Otherwise mitted to be displayed in the House man, I yield myself such time as I may the boundaries between our owners’ Chamber and the Committee of the consume. lands and others or even between the Whole; is that correct? (Mr. YOUNG of Alaska asked and was government’s land and private prop- The CHAIRMAN. With the permis- given permission to revise and extend erty are too easily and often ignored. sion of the House, when the question is his remarks.) H.R. 883 will also prevent attempts raised, that is correct. Mr. YOUNG of Alaska. Mr. Chair- by the Executive Branch to use inter- Mr. VENTO. And when Members have man, H.R. 883, the American Land Sov- national land designation to bypass the desisted from speaking, are charts still ereignty Protection Act, asserts the Congress in making land decisions and permitted to be displayed in the House? The CHAIRMAN. The charts are power of Congress on the Constitution protect our domestic land use decision- taken out of the well at that time. over the lands belonging to the United making process from unnecessary Mr. VENTO. Are they permitted to States, and this is all this bill does. international interference. be in the other portions of the House So that everyone understands, the We are going to hear a lot today from concern here is the Congress and, and be displayed at that time? the other side and those that oppose it The CHAIRMAN. They should not be therefore, the people. They are left out about this bill being driven by the fear displayed anywhere in the Chamber un- of the domestic process to designate of black helicopters and catering to less they are being used in the debate. World Heritage Sites and Biosphere Re- suspicions and conspiracy theories of Mr. VENTO. Mr. Chairman, I think serves. extremists. We will also hear a lot that there is a provision and the cus- This bill requires the participation, about the effectiveness and importance tom of the House is that these matters as the Constitution so states, that the of the wonderful programs. We are also may be displayed in the Speaker’s Member of the Congress and the citi- going to be told that these programs Lobby; is that correct? zens of this Nation are in the process. are honorary and have no effect on the The CHAIRMAN. That is permissible, Many, many Americans from all use, management or disposition of pub- with the Speaker’s approval. over, sections of our country, have lic lands. However, the World Heritage Mr. VENTO. I thank the Chairman called my office, I am sure they have Centre says otherwise. The director of for his response to me. called my colleagues also, to say they the World Heritage Centre told the In- Mr. Chairman, I yield myself 6 min- are concerned about the lack of con- terior Department in a letter: utes. gressional oversight over UNESCO ‘‘Article 1 of the World Heritage Con- Mr. Chairman, I rise in opposition to international land reserves in the U.S. vention obligates the State Party to this bill. This is not new legislation. It, and to express support for this bill. protect, conserve, present and transmit I think, has, and it is a case, as I said, Within the last 25 years, 83 sites in the to future generations World Heritage where we have heard this tune before United States have been designated as Sites for which they are responsible. for the last two Congresses, and the Biosphere Reserves, World Heritage This obligation extends beyond the House has passed this after spirited de- Sites or Ramsar Sites, all with vir- boundary of the site and Article 5(A) bate, and the fact is that it has gone to tually no congressional oversight and recommends the State Parties inte- the Senate and not received consider- no congressional hearings. The public grate the protection of sites into com- ation in the Senate; and I think the and local governments have not be con- prehensive planning programmes. fact is that listening to the discussion sulted. Thus, if proposed developments will of our distinguished chairman and his The World Heritage and Ramsar pro- damage the integrity of the Yellow- debate, and he is very good at debate, grams are based on a treaty. H.R. 883 stone National Park, the State Party but the fact is that the words here do does not end U.S. participation in the has a responsibility to act beyond the not match the music in terms of what World Heritage or Ramsar Sites. We National Park boundary.’’ takes place with this legislation. have domestic laws implementing Going beyond what Congress has set This is a bad bill. This really cuts the these programs, and H.R. 883 proposes aside, I submit this decision as a re- head off of these programs that the May 20, 1999 CONGRESSIONAL RECORD — HOUSE H3403 United States has led in creating on a the Biosphere area for research, and it tem to thwart any and all attempts to seize the global basis over the last 25 or 30 years was pointed out that if that mine oc- sovereignty of our great Nation by those inter- under President Nixon, under other curred, that it would adversely affect national agents of evil. Presidents that have served since then, the entire hydrology and watershed Any and all land use the restrictions in place both Democrat and Republican, Carter, and other natural factors in that area. are functions of U.S. law, not an international Reagan, Ford; pardon me, Ford, and of And the fact is that we think and I treaty or protocol. Our participation in the course Bush and now President Clin- think that the parks and other lands World Heritage Convention, the Ramsar Con- ton. These programs have been in ex- have an extra boundary responsibility, vention and the Man and the Biosphere pro- istence, and these administrations that they can go and talk about activi- gram is emblematic of this underlying policy have supported them because it is a ties outside the boundary of the parks, and the symbolic value and importance the good program. It permits the United outside the boundary of a wilderness, U.S. places on its natural resources, our nat- States to provide global leadership in outside boundaries. These trans-bound- ural legacy. The twenty sites we have nomi- terms of the preservation and con- ary issues are very important because nated under the World Heritage Convention servation of special areas such as we have to come to the realization that are listed because Congress chose to enact World Heritage Sites, which are pro- the de facto wilderness creation or policy and law to protect them, and establish tected because of their natural or cul- park creation, that the areas that hap- special land managers to regulate and enforce tural resources, Man and the Biosphere pen at their margin, boundaries, are such law. To address a specific example that programs which some 600-and-some causing these parks to be and these gave rise to this bill, the problem with the New sites globally, only about 47 in the special areas that we set aside to be ad- World Mine was that it was, in fact, too close United States incidentally, which are versely effected. to Yellowstone National Park, not that it was used for scientific research, these eco- That is what this is about. We al- too close to a World Heritage site. If we want systems where scientists can gain in- ready designated them a park. We have to debate the basic principles of environmental formation, and of course, hopefully, we already designated wilderness. But not protection, that's fine. But, we should not take that new knowledge and translate being able to attack the parks and the waste our time passing legislation that seeks it into good public policy on a global wilderness and the other conservation to abolish the programs which grow out of basis. areas that we designated directly, they these basic principles which have evolved And finally, of course, areas like wet- choose to do it through this particular over 200 years of American land use ethic. lands areas like the Ramsar sites, claim of American sovereignty and Quite simply, this legislation turns logic on its which there are over 700 sites globally, wrap themselves in that particular head. only about 15 in the United States, issue with, I guess, a strong distaste for Let's be clearÐthe goal of H.R. 883 is to again where we protect and provide the U.N. abandon these programs, not simply to regu- areas for protection of various water- Mr. Chairman, this is one thing that late them. To require an Act of Congress for fall and other fauna and flora that hap- the U.N. and UNESCO is doing right. each and every parcel of land to be consid- pen, obviously occur in these areas. This is one thing where past Presi- ered, is to effectively stop all future nomina- Now my colleague and chairman, the dents, both Democrats and Republicans tions and designations. distinguished chairman said that this and their administrations, have strong- This legislation sends a signal around the is unconstitutional. Well, where is the ly supported. There are nearly 2,000 world that our nation, the United States of court case? This has been in existence sites that have been designated and America, which forged the policy path to insti- for 30 years. Where the court case that recognized by these international bod- tute the World Heritage Convention, is under- says that this is an action taken by one ies just in these three treaty areas or cutting the values and benefits of international of these past administrations over the protocol agreements that we have here, recognition for important cultural and environ- last 25 or 30 years, that says this is un- just in these three, but there may be mental sites. At a time when the United States constitutional? others affected by this legislation. In is thrust into a role as the dominant power and We had a constitutional lawyer, I be- the United States there are only 82 of an essential role as a world leader in so many lieve Mr. Rufkin from Yale, that ap- those. areasÐwhy would we voluntarily abdicate per- peared before us. When he was asked Our leadership has done a magnifi- haps the most important leadership position that question, he was not able to come cent job here. Let us keep the United we occupyÐthat of a leader in the effort to up with one court case, one decision States in the forefront of it. Let us re- make life on this planet sustainable. This that had been made that said that this ject this bill. would convey to the hundreds of nations part was unconstitutional. Mr. Chairman, H.R. 883 is not new legisla- of the conservation treaties and protocol This is not unconstitutional. These tion. The Congress first considered this idea in agreements, that domestic political consider- designations are made in the United 1996, and then again in 1997. In both in- ations come first. If the U.S. cannot even per- States on a voluntary basis, just as stances, the other body refused to consider mit recognition to be accorded, why should they are around the globe. These are this measure on the floor and the Administra- other nations? voluntary designations. The Congress tion indicated it would veto the measure if Why are we pursuing legislation that is mis- has exercised its responsibility and passed. Why? Because they don't have vi- directed and misguided and based solely on done it well in most Congresses with sions of blue helmets dancing through their gross misinformation? Each agreement cov- regards to land use questions. In fact, heads. ered by this bill states on its face that it con- we designated parks, we have des- H.R. 883 is misguided because it is aimed tains no provision that affects, in any way, the ignated wildernesses, we have des- at the symbols of a federal policy when, what authority or ability of a participating nation to ignated and passed on and permit the the supporters of the legislation really oppose, control the lands within its border. These pro- agencies to designate on their own is the underlying policy itself. While some of grams give the UN no more control over land areas of environmental concern, for in- my colleagues and I might like to see us doing in this country than the awarding of a gold stance, in the BLM and many other even more, this country has set as a national medal gives the U.S. Olympic Committee con- areas. But the Congress has jealously policy goalÐthe long-term preservation of our trol over an American athlete. To claim that guarded, and I would jealously guard, environmental resources. The commitment this these international programs somehow infringe the right of Congress to, in fact, iden- Nation has made to this preservation/con- on the sovereignty of this nation is simply fac- tify and to designate these various servation/restoration policy sometimes de- tually inaccurate. lands for the purposes that we are en- mands that certain activities which threaten Finally, the largest threat to this nation's trusted to do so, but the fact is that these resources be prohibited, and/or tightly sovereignty isn't even addressed. Any foreign what we are saying here is that these limited by us and no one else. The reality of company or their subsidiary is still given full areas have already been designated. the circumstance regarding these voluntary and free access for any and all of America's Now the big complaint here really re- agreements is that no blue helmets will come valuable natural resources. Each year we volves around Yellowstone and a mine parachuting behind national park lines in black watch $1.8 billion worth of gold and silver that was occurring outside of Yellow- helicopters to seize control of American lands stream out of our ports and into the coffers of stone but in obviously the watershed of all in the name of preservation or conserva- foreign owned companies. What's worse, Yellowstone, and the fact of the matter tion. Besides, after today we may have made while we debate this phantom legislation, for- is that area was designated a Man and a statement as to a crack missile defense sys- eign nations are cashing in big-time, and H3404 CONGRESSIONAL RECORD — HOUSE May 20, 1999 laughing all the way to the bank with our re- but they could not get it done legisla- tional Park and have the Denali Na- sources. I will introduce an amendment to cor- tively, even though it is clearly legisla- tional Forest exempted, then he can do rect this situation and bring balance back to tive responsibility to designate public that for the State of Alaska, but for the management of our natural resources. land use. So they went around the back California we have community local Mr. Chairman, this is an issue of takings, door and had the U.N. committee in 3 water districts in Marin County; we not of private property, but of the stripped days make that designation. have private lands in California; we international recognition and esteem the citi- This is a good bill. This is something have State parks in California. All of zens of the United States, and the world place that Americans have the right, the those requested to be part of this sys- on some of America's most stunning and eco- Congress has the right and the respon- tem because we want to be better in- logically important natural resources. Teddy sibility to make these designations, formed, we want to be educated. We are Roosevelt ushered in a new era of conserva- and all we are asking is that these des- not part of this flat earth society that tion and respect for the natural heritage of the ignations be approved by the Congress. is afraid of learning about something. United States at the beginning of the twentieth I urge my colleagues to support H.R. So this bill would deny our ability to century. How ironic it is that nearly a century 883. get that nomination because one would later this Nation may come full circle and, if Mr. VENTO. Mr. Chairman, I yield 3 have to go through this incredible con- this legislation passes, denounce the impor- minutes to the distinguished gen- gressional process. We cannot even tance of those very parks and resources on tleman from California (Mr. FARR). pass legislation here to keep the coun- Mr. FARR of California. Mr. Chair- which the heritage of this nation is based. try running. How are we going to make man, I thank the gentleman from Min- I would urge my colleagues to oppose H.R. decisions on whether somebody should nesota (Mr. VENTO) for yielding me this 883. be able to voluntarily be placed in an Mr. YOUNG of Alaska. Mr. Chair- time. Mr. Chairman, I rise in total opposi- international information system? man, I yield 3 minutes to the gentle- This is a ludicrous bill. Please defeat woman from Wyoming (Mrs. CUBIN). tion to this bill because there is abso- lutely nothing out there that is broken it. Mrs. CUBIN. Mr. Chairman, I rise in Mr. YOUNG of Alaska. Mr. Chair- strong support of H.R. 883, and I thank that needs fixing. This addresses a man, I yield myself such time as I may the chairman and the committee staff problem that does not exist. consume. for getting this bill done in such good Let me say I know something about this issue because I own land that is Mr. Chairman, I would just like to re- form and to the floor so quickly. mind the gentleman from California I am glad that I am speaking right designated by this. I own an inholding (Mr. FARR), who just spoke, who is a after the gentleman from Minnesota in the University of California property dear friend of mine, that the landowner because he made the statement that we in Big Sur, California. We are proud of in Yellowstone did not request that all know this is about Yellowstone Na- this designation. One cannot get a des- participation in the World Heritage tional Park, and I represent Wyoming ignation unless the landowner, in this Program. In fact, she opposed it and which has the most of Yellowstone Na- case it would be the Federal Govern- unfortunately she was not listened to. tional Park, and he said that the U.N. ment for National Parks or for Bureau In our hearings in New York, we had is doing a good job by these designa- of Land Management lands, or in our people that came to the committee and tions, that the reason that Yellowstone case a private owner, has to request said that, yes, the Federal Government was designated, because a mine was the nomination. That is the only way was trying to implement Heritage sites going to be developed north of Yellow- it can come is from the owner of the in their districts and they adamantly stone that might affect the watershed. land to say we would like to partici- Mr. Chairman, let me tell my col- pate in the program. opposed it. It is happening right today leagues the rest of the story. For 2 The program is essentially an inter- in Lake Champlain. So what I am just suggesting is as years an environmental impact state- national way of being able to have a much as I admire the sincerity of the ment had been going on, and profes- common database about measurement gentleman, I would like to have him sional scientists were not able in 2 of environmental factors, so that we look at some of the records. years time to determine whether or not can see whether there are like kind of Mr. Chairman, I yield such time as he that developing that mine would put factors around the world, there are like may consume to the gentleman from Yellowstone National Park in jeop- kinds of problems or are the problems Utah (Mr. HANSEN). ardy. that are developing in an area signifi- cant to that area. (Mr. HANSEN asked and was given b 1130 To go out and say that we should permission to revise and extend his re- They were working toward that, but have congressional approval for these marks.) they still had more work to do before designations is so ludicrous. I mean, Mr. HANSEN. Mr. Chairman, I stand they professionally could say that was why do we not have congressional ap- in strong support of this legislation. true. proval and oversight for accreditation Mr. Chairman, Thomas Jefferson once said In 3 days’ time, the United Nations of universities? That is not done by ``When all government, domestic and foreign, came in. Three days later they deter- Congress, or by any government. Why in little as in great things, shall be drawn to mined that this indeed was an area in do we not have the AAA, the guides Washington as the center of all power, it . . . jeopardy, and then it was designated an that go around and say that one can will become as venal and oppressive as the area in jeopardy. So if that is what the sleep in these hotels and motels, we do government from which we separated.'' The gentleman from Minnesota (Mr. VENTO) not have any congressional oversight current system for establishing international thinks is a good job, I certainly would of that. We do not have any congres- land reserves ignores Jefferson's warning by have to disagree with him. sional oversight of TV Guide or the centralizing the power with the President and I do agree with him, however, on the motion picture movie ratings. We do taking away the authority of Congress, the fact that what this argument boils not have any oversight of the Good States and the average citizen. down to are these transboundary Housekeeping or Consumer Reports During the last 25 years, our nation's public issues. As far back as 1818, the United Magazine. We do not demand that we lands have slowly been consumed by inter- States Supreme Court ruled in the have to look at these things. national land reserves. Most notably 47 United United States v. Bevins that a State’s Why? They are not a problem where Nations Biosphere Reserves, 20 World Herit- right to control property within its one wants to involve congressional ac- age Sites and 16 Ramsar Sites. These re- borders was an essential part of its sov- tion in this thing. serves were created with virtually no congres- ereignty, and I think that H.R. 883 is To say that we should have Congress sional oversight, no hearings, and in the case yet another affirmation of that prin- telling our local communities and of biosphere reserves, no legislative authority. ciple. What was done when this des- States that they cannot have their I don't know about you Mr. Chairman, but my ignation was made around Yellowstone property so designated, I think, is to- ability to represent my constituents as a voting was it virtually built a buffer zone tally wrong. It is a usurpation of local member of this body is important to me! We around Yellowstone. control. cannot allow this administration to take our It is something the administration If the chairman would like to have vote away. I ask that you support the Amer- had been trying to do for a long time Alaska properties and have Glacier Na- ican Land Sovereignty Protection Act. May 20, 1999 CONGRESSIONAL RECORD — HOUSE H3405 Mr. YOUNG of Alaska. Mr. Chair- Arkansas counties and put them into a as an analyst for Price Waterhouse be- man, I yield myself such time as I may biosphere reserve. fore buying the sawmill. consume. Let me say there was no local input Needless to say, Carl Barnes, the Mr. FARR of California. Mr. Chair- involved whatsoever, and that my folks sawmill owner, talked about the man, will the gentleman yield? had to scrape and claw their way to threats from this coordinated resource Mr. YOUNG of Alaska. I yield to the find out anything about this. They management system and the threats gentleman from California. were simply tipped off one day by a that this would have upon outdoor Mr. FARR of California. Mr. Chair- friend on the conservation commission. recreation because they listed farming man, if that is the case then I would The amazing thing was, when they and mining as threats to outdoor recre- suggest within his authority as chair- went to the agencies, the Department ation and our ecosystem health. man of the Committee on Resources of Interior, specifically to ask about The fact of the matter is we can do it that the gentleman from Alaska (Mr. exactly what was happening, the Inte- all, and I think that we do it all re- YOUNG) may want to just limit this rior Department said, do not worry sponsibly. We simply need to have this then to Federal properties and not to about this; it was going to be fine; we program put in place so that local citi- State and local properties or private have talked to lots of local citizens zens who live in areas for proposed des- properties. around the district. ignations have input, that is all it is, Mr. YOUNG of Alaska. I believe my Well, the fact of the matter is, every and that Congress have input, too. bill does that. It does limit it just to single county in my district that would I urge a yes vote on H.R. 883. Federal properties. be impacted by this had absolutely no Mr. VENTO. Mr. Chairman, I yield 5 Mr. Chairman, I yield 6 minutes to public solicitation by the Interior De- minutes to the distinguished gen- the gentlewoman from Missouri (Mrs. partment, Fish and Wildlife, whomever tleman from Colorado (Mr. UDALL), a EMERSON). was involved, whatsoever. Not one member of the Committee on Re- Mrs. EMERSON. Mr. Chairman, I am county commissioner was called, not sources. pleased to rise in support of H.R. 883. I one local citizens group, and it was not Mr. UDALL of Colorado. Mr. Chair- do want to say to my friend, the gen- until we had enough cattlemen’s asso- man, I want to thank my colleague, tleman from California (Mr. FARR), ciations, enough farm bureau associa- the gentleman from Minnesota (Mr. that I know that there are many places tions and finally all of the county com- VENTO), for yielding me the time. that perhaps are honored to have these missions writing their own resolutions Mr. Chairman, I rise in opposition to designations bestowed upon them. On that this was a bad idea that the des- this bill. This bill would undo some of the other hand, in my district, a des- ignation was dropped and these 15 the most important progress that has ignation was going to be thrust upon counties in Missouri and Arkansas been achieved toward protection of people without any local input and I were saved from having to have a bio- internationally important cultural, think that is what this legislation is sphere reserve designation put on them historical and environmental re- trying to clarify. because, quite frankly, my citizens sources. I do want to thank the gentleman were afraid that once the designation What would enactment of this bill from Alaska (Chairman YOUNG) for his happened then the government would mean? Well, for starters, it would mean strong leadership on this issue and, in find more and more reasons to seize the that the United States has decided to fact, the leadership he shows on many contiguous property around, and that politicize the question of whether our private property rights issues, and the would be their private property. country will continue to take part in I think this really shows that we work that he has done on behalf of pri- the World Heritage Convention, the have a broken process and that experi- vate property owners. Man and the Biosphere Program, and ence makes the case for our bill today. I would also like to extend a similar the so-called Ramsar Convention re- All this bill would do would be to es- thanks to the gentlewoman from Idaho garding wetlands that have particular tablish an appropriate process for bio- (Mrs. CHENOWETH), who chairs the Sub- importance as waterfowl habitat. That spheres and heritage area designations committee on Forests and Forest might not be objectionable if our par- and ensure that local input and partici- Health, who has been a devoted cham- ticipation in these international pro- pation of Congress is involved. I do not pion of private property rights. She re- grams involved any trade-offs in terms think that is asking too much. I think cently came to my district in southern of our ability to make decisions about it is very, very reasonable. Missouri to represent the Committee I will say, back when the gentle- the management of our lands or re- sources, but the fact is that nothing in on Resources and to chair a hearing on woman from Idaho (Mrs. CHENOWETH) the legislation we are talking about and I were in Missouri, we heard from these international agreements affects today. 12 different panelists, one of whom was the ownership or the management of We heard from a lot of local people, a county commissioner; one was the any lands or other resources. farmers, county officials, ranchers, former chairman of the Missouri Con- Similarly, I could understand the small businesspeople, property owners, servation Commission; several private need for this legislation if, as some of those people who have the most at citizens, but Leon Kreisler, who was a its supporters claim, these inter- stake when international land designa- cattleman, and a landowner in Salem, national agreements have eaten away tion issues arises. Missouri, said, and I quote, ‘‘We feel at the power and sovereignty of the Let me just talk a little bit about strongly about property rights not be- Congress to exercise its constitutional what the gentlewoman from Idaho cause we share a common desire to power to make the laws that govern (Mrs. CHENOWETH) and I learned during abuse our natural resources but be- Federal lands, but here we are debating the recent field hearing in the Missouri cause landowners are often best suited a bill that would be an exercise of ex- Ozarks, but I am just going to take a to ensure productivity for our families actly that constitutional power, and second before that to talk about how I and those of future generations. The that constitutional power is fully in- became involved in this issue. Ozarks are a natural wonder and we in- tact today, fully intact with regard to Back in 1996, as I was traveling tend to keep them that way, but na- each and every acre of Federal lands, across my district, in every single lit- tional or international designations including all the Federal lands that are tle town in the center of my district, are not the answer.’’ covered by these international agree- which is part of the Mark Twain Na- Mr. Kreisler makes the point that I ments. tional Forest, in which there is tour- would like to reiterate, that our farm- So what is the real point of this bill? ism that really promotes the local ers and our ranchers are among the As far as I can tell, it is primarily a economy and some timber sales every- best conservationists anywhere be- means for supporters to take a shot at where, Ellington, Van Buren, Salem, to cause they depend on the land for their the United Nations and particularly name a few, people were concerned livelihood and they know that if they UNESCO, and to demonstrate their sol- about these designations and particu- do not take care of the land then the idarity with some who seem to view larly about something called the Ozark land is not going to take care of them. the U.N. as engaged in a vast Man and the Biosphere program that We had also an owner from a sawmill multiwing conspiracy to overthrow our basically would take 15 Missouri and in Potosi, Missouri. He spent 20 years constitutional government. I do not H3406 CONGRESSIONAL RECORD — HOUSE May 20, 1999 think the U.N. is a threat to Congress’ tleman from Alaska for his efforts in money under false pretenses, and this authority over Federal lands or to any this regard. He has been a champion of bill ought to be opposed and defeated. other part of the Constitution. I do private property rights for many years, I would like to read from a letter think this bill, if we take it seriously, I have known him for 23 years, and I re- from the American Policy Center is a threat to America’s international spect him greatly. which I will include for the RECORD at leadership in environmental conserva- I represent the east side of the State the end of my statement. This is a let- tion and in the protection of historical of Washington, one-fourth of the size of ter written by the American Policy and cultural resources. our State, and in that portion of the Center, signed by Tom DeWeese, the b 1145 State of Washington there are wonder- president, urging citizens to send ful open space lands that people in- money in to pass this bill, H.R. 883, to So I think this bill is bad for our habit who are very protective of their ‘‘stop the U.N. land grab of American country, and I know it is bad for my private property rights. soil,’’ a land grab, Mr. Chairman, that home State of Colorado. The right to own property is a core does not exist; urging citizens and this I want to tell my colleagues about principle on which our country was Congress to stop the U.N. from desig- the two Biosphere Reserves that we founded. Over the years, the Federal nating any more U.S. soil as World have, areas that are part of the Man Government has established programs Heritage Sites or Biosphere Reserves. and the Biosphere Program. One is the like the World Heritage Sites and Bio- The U.N. does not make those designa- Niwot Ridge Research area and the sphere Reserves, without the approval tions, Mr. Chairman. other is Rocky Mountain National of Congress, Mr. Chairman, and that It identifies a U.N. land grab of Park. As it now stands, this bill would overrides the intentions of the Con- American soil; calls for the Congress to kick those areas out of the program stitution and our Founding Fathers. stop liberals from terminating the unless Congress passes a new law to re- Under the U.S. Constitution, Con- United Nations’ influence on 51 million tain them. gress retains the power to, quote, acres of U.S. park land. Mr. Chairman, To get a better idea of what that ‘‘make all needful rules and regula- the U.N. does not have influence over would mean for Niwot Ridge, I con- tions governing lands belonging to the 51 million acres of United States na- tacted Professor Bowman, the Director United States.’’ The lands designated tional park land. It says that liberals of the University of Colorado’s Moun- under the World Heritage Sites and know this bill will lead to the end of tain Research Station, and he ex- Biosphere Reserves have been so des- international treaties and agreements plained to me that having Niwot Ridge ignated without the approval of Con- that give the U.N. control over devel- in the Biosphere Reserve System, it gress. opment of American soil. There are no provided a framework for international So this bill restores the intentions of such international treaties and agree- cooperation of many important re- our Founding Fathers by requiring ments, nor should there be, nor would search efforts, including working with congressional approval for any nomina- this Congress vote for, nor would any the Biosphere Reserve in the Czech Re- tion of property located in the United President negotiate such international public to address air pollution prob- States for inclusion in the World Herit- treaties. It is just bogus. lems, which is a matter of great impor- age list. It prohibits any Federal offi- The letter talks about radicals like tance not only to us, but to the Czechs. cial from nominating U.S. property for AL GORE and Bruce Babbitt that en- He told me that the biosphere program designation as a biosphere reserve and force treaties in a way that give the also had been helpful to people at prohibits any Federal official from des- U.N. authority over our land and our Niwot Ridge as they worked with the ignating any land in the U.S. for a spe- private property every day. GORE and Forest Service to develop a land man- cial or restricted use under any inter- Babbitt are not radicals and they are agement plan that would promote mul- national agreement unless the designa- not doing any such thing. This letter tiple use by minimizing the conflicts tion has been authorized by law. talks about open warfare in coming that we all grapple with here over It simply says Congress is going to be weeks to pass this bill. Mr. DeWeese recreation and scientific and other involved in this, these approvals of the talks about meeting with the gen- uses, which is again a matter of great disposition of Federal lands. I think tleman from Alaska (Mr. YOUNG) and importance to Colorado and all other they are common sense changes here saying that the American Policy Cen- public land States. that restore the role of Congress in the ter will back him all the way in the I also talked to the National Park process of changing designation of battle to pass this bill. Service about Rocky Mountain Na- lands that are Federal lands, and it re- Of course, then Mr. DeWeese goes to tional Park, which again is included as stores the intentions of our Founding the heart of the matter and asks for a biosphere reserve. They told me that Fathers, and I hope that my colleagues any contribution from $17 to $1,000 to it not only means that there are more will support it. help the American Policy Center in research activities at the park, but I thank the gentleman from Alaska their efforts. that it meant a significant increase in (Mr. YOUNG) and the gentlewoman from Mr. Chairman, this bill is not needed. park visitation, tourism, which not Idaho (Mrs. CHENOWETH) for their en- We should oppose it. It is nothing but only provides important educational gagement and involvement in this. scare tactics from the right wing. We benefits but is an important part of our Mr. VENTO. Mr. Chairman, I yield 3 should vote ‘‘no.’’ economy in Colorado. Kicking these minutes to the gentleman from Penn- AMERICAN POLICY CENTER, areas out of the program would be bad sylvania (Mr. HOEFFEL). Herndon, VA. for Colorado and something that I can- Mr. HOEFFEL. Mr. Chairman, I DEAR FRIEND OF APC: I have just come not support. thank the gentleman for yielding me from an emergency meeting on Capitol Hill, Exempting the Colorado areas from this time. and I have important news for you. the bill would be an improvement, but Mr. Chairman, I rise in opposition to I was meeting with several national lead- I do not think that alone would make the American Land Sovereignty Pro- ers to plan a strategy to pass Congressman the bill acceptable. We need to reject tection Act. This bill is unnecessary, it Don Young’s ‘‘American Land Sovereignty Protection Act’’ (H.R. 883). this bill, move away from the pos- is unjustified. It addresses a phantom As I’m sure you remember, we were suc- turing and begin working on the real problem. It would seriously damage our cessful last year in passing this bill in the problems that face us on our public country’s continued participation in House of Representatives to stop the UN lands. important international efforts to pro- land grab of American Soil. Mr. YOUNG of Alaska. Mr. Chair- tect valuable land around the world. But we were stopped cold in the U.S. Sen- man, I yield 2 minutes to the gen- But worst of all, it caters to the sus- ate. We didn’t even get a hearing on the Sen- tleman from Washington (Mr. picions and the conspiracy theories of ate version of the Bill. Because the Senate did not act, we have to start all over again NETHERCUTT). extreme organizations and individuals, and pass it again in the House, while we Mr. NETHERCUTT. Mr. Chairman. I and it leads directly to scare tactics build strength in the Senate. am delighted to support this bill, the such as those used by the American We intend to win this time. We intend to American Land Sovereignty Protection Policy Center in attempts to alarm pass the Bill in both Houses of Congress and Act. I really want to thank the gen- American citizens and frankly, to raise stop the UN from designating any more U.S. May 20, 1999 CONGRESSIONAL RECORD — HOUSE H3407 soil as World Heritage Sites or Biosphere Re- The whole purpose of the American Sov- more important legislation before the U.S. serves. ereignty Protection Act is to restore the role Congress than the American Land Sov- We believe Congressman Young has the of Congress where it should have been all ereignty Protection Act. votes to pass it again in the House. In fact, along—as the administrator with sovereign The bill truly is the whole ball game for he already has 158 co-sponsors, with more control over public lands in the United our property rights. Pass it—and the UN is joining each day. He also has the support of States. less of a threat. That’s why the liberals hate new House Speaker Dennis Hastert. That authority has been slowly eroded it with a passion. The problem, again, is in the Senate. over the years by a series of environmental Now is the time. This is the battle. Please Senator Ben Nighthorse Campbell of Colo- treaties and agreements that subject our help me win it. rado has again agreed to introduce the public lands to the influences of UN officials Sincerely, ‘‘American Land Sovereignty Protection Act and UN-dictated rules. And with the help of TOM DEWEESE, in the Senate. The Bill number is S. 510. the Clinton Administration. President. But Senator Campbell has only been able Those rules not only tell the United States P.S. You and I will not fight a more impor- to sign on six co-sponsors. Without more what it must do with public lands—but they tant battle in 1999 than this one to pass the support, S. 510 will again die in the Senate. also affect private property as well. American Land Sovereignty Protection Act. You and I can’t let that happen. Not again. Just ask the owner of the gold mine that It is crucial that I receive your signed ‘‘Leg- You and I need to storm the Senate. Here’s was located outside Yellowstone National islative Petition’’ right away. Equally im- how. Park. He was on private land—his land. Now portant is your financial support to keep First, I have enclosed a ‘‘Legislative Peti- he’s out of business. Why? Because the APC in the battle. Without you, I can do tion’’ to Senate Majority Leader Trent Lott. United Nations said so. nothing. Please help. Thanks for all you do. He will be key in the fight to build support And these UN treaties, like the Biodiver- Mr. YOUNG of Alaska. Mr. Chair- in the Senate. sity Treaty and the World Heritage Sites are man, how much time remains? Frankly, without his support there can be incredibly dangerous when radicals like Vice The CHAIRMAN. The gentleman no floor vote on S. 510. President Al Gore and Interior Secretary from Alaska (Mr. YOUNG) has 131⁄2 min- That’s why it is urgent that you imme- Bruce Babbitt hold power. utes remaining; the gentleman from diately sign and return your ‘‘Legislative Pe- They can enforce the treaties in a way that Minnesota (Mr. VENTO) has 15 minutes tition’’ to me right away. You and I must gives the UN authority over our land and our flood Lott’s office with petitions to prove S. private property. And they are doing it every remaining. 510 has strong national support. day. Mr. YOUNG of Alaska. Mr. Chair- So please sign you petition and return it to The House of Representatives recognized man, I yield 3 minutes to the gen- me immediately. the danger and passed Don Young’s Bill in tleman from Arkansas (Mr. HUTCH- But you and I can’t stop there. the 105th Congress. They know that the INSON). Senator Campbell needs more co-sponsors threat is real, and we can pass the Bill in the Mr. HUTCHINSON. Mr. Chairman, I for the Bill. Please call both of your states House again in the 106th Congress. thank the gentleman from Alaska for U.S. Senators and ask them to co-sponsor S. But the real battle is now in the Senate. yielding and for his work on this legis- 510. Simply call the Senate switchboard at And I tell you with complete honesty—we lation. I do rise in support of it. 202–224–3121, and ask for your Senators by will have to fight like the Dickens to with- I want to respond to the gentleman name. stand the coming liberal firestorm. The lib- Just as important, however is that you erals will use everything in their arsenal to from Pennsylvania as to what he indi- contact you Congressman to make sure he stop this Bill. And the Senate is not a friend- cated about this. I agree that there has supports Congressman Young’s House ly place for property owners. been, and there always will be, over- version (H.R. 883). We must have a strong Get ready for open warfare. It’s coming. In statements about the dangers of poten- show in the House as well. If not, all of our the next few weeks. tial actions that are taken, and in this efforts in the Senate will be in vain. At our meeting today, I promised Con- case the dangers of the Biosphere Pro- So please, call your Congressman at 202– gressman Young that APC would back him gram. But the argument has been made 225–3121. Tell him to support H.R. 883. all the way in the battle to pass the Amer- that the United Nation’s designation is It is vital that you do all you can—if we ican Land Sovereignty Protection Act. And I are going to stop the UN’s land grab of meant it. That includes leading the fight in important because it provides some American soil. To win, you and I will have to the Senate. international protections for these beat overwhelming odds. Your enclosed ‘‘Legislative Petition’’ is my worldwide important sites. Well, if it But don’t despair. You and I can win this first step. Please. It is urgent that you sign provides some protections, then there battle. it and return it to me today. We simply must is some implied authority, if not direct Remember when the fight to stop the UN build pressure on Trent Lott to support the authority, that is yielded to that inter- land grab started in the 104th Congress? Bill. That’s why it’s also important that you national body; otherwise, the designa- Democrats refused to even attend hearings. begin making phone calls to your Senators tion would have no significance. If it They laughed and called Congressman and Congressman to ask them to co-sponsor Young’s bill the ‘‘black helicopter’’ bill. and support the bills (H.R. 883 and S. 510). has no significance, then why would They called it ‘‘preposterous,’’ ‘‘absurd’’ and Over the coming weeks APC will get this anyone oppose this simple legislation. ‘‘crazy.’’ The very idea that someone was message to hundreds of thousands of Ameri- I have a habit in this Congress of try- challenging the UN was laughable to them. cans to build the pressure. ing to read legislation, and I took the They’re not laughing now. You and I can pass this bill and cut the time to read this bill that has been of- The liberals know they must stop the bill. power of the UN! fered by the gentleman from Alaska And they know the Senate is their last But to do it, I urgently need your financial (Mr. YOUNG), H.R. 883, and it says, chance. Liberals know this bill will termi- support. Will you help me keep up this fight ‘‘Any designation as a Biosphere Re- nate United Nations’ influence on 51 million to save America from the UN land grab? acres of U.S. national parklands. I’ve been appearing on radio and television serve under the Man and Biosphere Liberals know this bill will gut the ex- programs and speaking before audiences Program of UNESCO shall not be given tremist United Nations’ environmental agen- across this nation to sound the alarm on the any force or effect unless the Biosphere da and will lead to the end of international UN land grab. The response is incredible. Reserve is specifically authorized by a treaties and agreements that give the UN When Americans know the truth—they do law.’’ control over development of American soil. the right thing. But they are not hearing Now, the argument is made, well, Liberals know this bill forces them to take most of this story from anyone but the why should Congress engage in this ac- a side. Do liberals support your right to own American Policy Center. But, through APC’s tivity? Well, I voted on naming postal and control your private property or not? effort, we are truly awakening a slumbering buildings; I voted on naming Federal The bill exposes the left’s property-grab- giant. bing agenda. It weakens to United Nations’ Will you help me stay in the fight by send- buildings; we vote on postage stamps. influence in the world. That’s why they ing me your most generous contribution of So there is a lot of designations that know they must stop the American Land at least $17? we do in this Congress. Sovereignty Protection Act at all costs. Remember, the Sierra Club and their bud- I believe that private ownership of So, right now, the Sierra Club, the Audu- dies have millions of dollars in their war property is important. I believe that bon Society, the Nature Conservancy and all chest. I have only you. So if you can send a our National Heritage Sites, our parks of their extremist environmental buddies are larger donation of $25, $50, $100, $250, $500, or are very important, and I think that charging up Capitol Hill, swarming over Sen- even $1,000, I will be able to counter the lib- Congress has a role, and when the con- ate offices, using all of their power to keep eral barrage, word for word. this Bill from gaining co-sponsors or a floor You know APC’s record and what we can stituents express a concern about a vote. do when our action alert system is firing on particular designation, that it is right They know we can pass this bill. Our posi- all cylinders. But it takes dollars to fuel the and proper in this democracy for Con- tion is strong. engine. I need you now. There really is no gress to address it. H3408 CONGRESSIONAL RECORD — HOUSE May 20, 1999 The Ozark Highland Man and Bio- 1960s.’’ Then I asked him, ‘‘Well, have they are the property of the United sphere Plan was advanced in northern you ever gone to court to ask for this States, and we must maintain absolute Arkansas and southern Missouri with- to be ruled unconstitutional, the loss autonomy in our land management de- out public input. It was withdrawn of sovereignty?’’ He said, ‘‘Well, no.’’ cisions. after property owners, timber pro- The reason he has never done it is he I am proud to be a cosponsor of the ducers and other residents in the re- knows darn well it is not unconstitu- bill, and urge my colleagues to support gion learned of and opposed the des- tional. it. ignation. This is a bunch of flimflam where Mr. VENTO. Mr. Chairman, I yield I believe the Chairman’s bill is rea- people are trying to foist these fears on myself such time as I may consume. sonable. I believe it is appropriate. I the American people. Mr. Chairman, again, I rise in opposi- believe it maintains the balance be- The last point I want to make, the tion to this bill. I would just point out tween executive action and legislative World Heritage Convention that is to my colleagues that the only power authority and certainly, when our con- under attack here as some kind of so- with regard to the disposition or the stituents have a concern about these cialist plot was introduced under the use of the lands that are within these types of designations, that it is appro- administration of Richard Nixon. Rich- designations are inherent in the laws priate that we have congressional over- ard Nixon came up with this socialist that Congress has passed and delegated sight and input into that process. So I plot, and it is something that has been to the Park Service, to the Fish and ask my colleagues to support this im- effective to try to get international at- Wildlife Service, the BLM, the Forest portant legislation. tention to help us in this country pre- Service, or other land managers to Mr. VENTO. Mr. Chairman, I yield 3 serve what we believe are our national manage. In fact, this is a voluntary thing. All minutes to the gentleman from Wash- treasures. of these designations that are being ington (Mr. INSLEE), a member of the This is another sad step of my friends discussed here, whether it is the Committee on Resources. across the aisle, frankly, leaving that Ramsar treaty or the Man and the Bio- Mr. INSLEE. Mr. Chairman, I rise tradition of Teddy Roosevelt and even sphere, which happens to be the pro- today in vigorous opposition to H.R. Richard Nixon. We ought to keep this gram associated with the UNESCO pro- 883, which really ought to be titled the thing on the books as it is and reject gram, or the World Heritage Conven- American Land Paranoia Act, because this bill. tion and the sites that are identified, the principal purpose of this act is to Mr. YOUNG of Alaska. Mr. Chair- only some 15 sites in the United States, sow paranoia among Americans who man, I yield 11⁄2 minutes to the gen- are all voluntary. ought to take pride in our interest in tleman from Colorado (Mr. TANCREDO). The laws that govern these sites are protecting some of our national treas- Mr. TANCREDO. Mr. Chairman, I am the laws of the national and State gov- ures. I will tell my colleagues that this the newest member of the Committee ernments, and the private property is not a small matter. on Resources, and I would like to com- rights and laws are completely intact. Some may think this is a small mat- mend my distinguished colleague from They are not changed by these vol- ter, we should not worry about it. I the great State of Alaska (Mr. YOUNG) untary designations. In fact, when want to tell my colleagues a little for his leadership in introducing this making the designations or the rec- story. I was up on the border of the bill. ognition of these sites on a global State of Washington and Canada about Under Article IV, section 3 of the basis, one of the criteria is in fact that three years ago, four years ago now; in Constitution, quote, ‘‘The Congress the laws and rules are in place that fact it was in what used to be the dis- shall have the power to dispose of and will accord the proper use of these trict of the gentleman from Wash- make all needful rules and regulations lands. So that is one of the pre- ington (Mr. NETHERCUTT). I was talking respecting the territory or other prop- requisites. to a fellow who was a businessperson, a erty belonging to the United States.’’ I would point out that the laws that nice fellow, a pillar of the community. b 1200 affected the New World Mine were He lives about 10 miles from the Cana- those that were being applied through dian border. We got in a nice little dis- Mr. Chairman, the Constitution is the Park Service and the Forest Serv- cussion at a county fair. clear. The United Nations, despite ef- ice in the State of Wyoming, in the He said, ‘‘Jay, what are you going to forts by its supporters, is not a gov- State of Montana, and the other States do about those tanks the U.N. has up erning body superior in authority to within which Yellowstone lies. on those railroad cars just over the Ca- this Congress. The point is that there is no impact. nadian border?’’ And I kind of chuck- I know that comes as a shock to The impact here, of course, is one of led. I said, ‘‘Henry, what are you talk- some of my colleagues in this place and cooperation and collaboration, building ing about?’’ He said, ‘‘Well, you know, certainly some of the supporters from on the laws that we have and attempt- those tanks that the U.N. has across whom I have heard, who believe that ing to encourage other Nations to in the border that they are going to use to the United Nations has some superior fact emulate the stewardship, the con- come in to establish this United Na- claim to the sovereignty of the United servation, and preservation efforts that tions park in the North Cascades.’’ States, particularly when it comes to we have made in terms of these impor- I laughed. Then I saw he was serious. determining what is the appropriate tant sites, because they are important He was serious. And the reason he was use of the land within our borders. It as a natural heritage site or cultural serious is that the advocates of things is, however, not, as I say, not a supe- site or because they are important for like this bill have convinced this gen- rior authority to this Congress. research or for water fall. tleman and a lot of people in America Yet, the U.N. is designating land So the only issue here is one where that somehow the tanks with the blue within our country’s borders for special we could say that the Man and the Bio- helmets and the black helicopters are protection without the consent of the sphere program has not directly been coming to take away their livelihood, House. authorized by Congress, although we and that is flat wrong. Flat wrong. There are 83 U.N. sites in America, have appropriated money for it. This is no unconstitutional loss. Mr. Chairman. In my home State of We have many laws today where the Mr. Chairman, we sat in the hearings Colorado there are five United Nations authorization has expired or has not and I was engaged with the committee biosphere reserves. I can tell the Mem- been made, where the Office of Manage- on hearings on this. People came for- bers, having served in the Colorado ment and Budget, because money is ap- ward and they sent to us this law pro- State legislature for many years, those propriated, the courts have ruled that fessor or lawyer, I do not know if he is sites were designated without the ex- in fact it has the force and effect of in a professor, and he argued for 10 min- press consent of the State of Colorado fact Congress authorizing and lawfully utes passionately about how this vio- and without the Congress of the United permitting that type of designation, lated the Constitution of America. States. and we have done that for that pro- Then I asked him a simple question. I have visited many of these areas. I gram, clearly a case we made to bring I said, ‘‘How long has this been on the agree they are incredible and breath- up an authorization bill and deal with books?’’ He said, ‘‘Well, since the late taking. I agree they are a treasure, but it in that manner. May 20, 1999 CONGRESSIONAL RECORD — HOUSE H3409 But that has not been the disposition United Nations bureaucracy that has buildings and moving boundaries, or of the committee. What they have cho- grown out of control.’’ I support H.R. protect the sovereignty of this Nation? sen to do, of course, is because, in my 883 thoroughly. That is our first and foremost responsi- judgment, they cannot attack the Mr. Chairman, I yield 1 minute to the bility. parks, they cannot attack some of the gentleman from Pennsylvania (Mr. PE- Mr. Chairman, another thing that I land uses which they have an issue TERSON). have heard from the opposition to this with directly, they have turned around Mr. PETERSON of Pennsylvania. Mr. bill is that it does not involve private and wrapped themselves in this ques- Chairman, I rise to support this legisla- property. I can tell the Members, it tion of sovereignty, which there is no tion. I find it very difficult to under- does involve private property when constitutional case here. There is no stand the arguments of those who op- they seized control and took over the court case here that has been pursued pose it. New World Mine, a patented mine. that has been positive that would indi- What is wrong with Congress being in That was in fact private property. cate the statements being made are ac- control? What is wrong with the people In fact, the American taxpayer had curate. in our districts, if they agree or dis- to pony up $68 million to pay off the They are not accurate. They have agree, having a right to talk to their Canadian leasehold interests for their never been tested in court. I think they Congressman? loss in the property. The woman who are inaccurate. They can test such Don Hodel also said, ‘‘During the owned the property, who had the pat- issues in court and get answers back as Reagan administration, these designa- ent on the mine, still stands empty- to whether they are appropriate. tions were honorary and benign in na- handed. This Congress must deal with In fact, this has been praised by ture. However, like so many United Na- that problem, too. many. I just picked up a statement tions programs, this one has fallen sub- Mr. Chairman, this very simple bill here, a press release by Secretary of In- ject to inappropriate mission creep. It enacts three very basic requirements. terior Don Hodel, most recently, of has become a proxy for international Number one is it requires the Sec- course, who led the Christian Coali- attempts to override national sov- retary of the Interior to require the ap- tion, but before that he worked in the ereignty and control land use.’’ proval of Congress for any nomination State of Washington and on Bonneville Why was America founded by Euro- of property located in the United Power, and was our Secretary of Inte- peans and Asians? Because they wanted States for inclusion in the World Herit- rior under then President Ronald additional freedom, they wanted con- age list. Reagan. trol, they wanted to be in charge, and Number two, the bill would prohibit This letter was dated October 10, 1986, they certainly do not want people from Federal officials from nominating any a press release in which he stated how other countries, and designating is land in the United States as a bio- enthusiastic and proud the Department fine, but having other people to have a sphere reserve unless Congress ratifies was of the Statue of Liberty which was say about how land is used in our and enacts the Biosphere Reserve Trea- designated a World Heritage Site. So I parks, in our public lands, makes no ty. think this just sort of indicates across sense in this country. Finally, H.R. 883 simply prohibits the board how important this is. This This is about sovereignty. This is any Federal official from designating is why all of the environmental groups about freedom. This is about America any land in the United States for a spe- and conservation groups oppose this being in charge of Americans; having cial or restricted use under any inter- legislation. relations with other countries, but national agreement unless such des- I will offer an amendment in this they should not have a say in America, ignation is specifically approved by process, Mr. Chairman, which will ad- and the American public should have law. dress some real concerns, and that is Congress to go back to. That is all we I might remind my colleagues on the the commercial use by foreign entities are asking, for Congress to be the final other side of the aisle that while the of U.S. properties for mining, for graz- word. World Heritage sites have been or the ing, for timber harvesting. Mr. YOUNG of Alaska. Mr. Chair- treaty was approved by the Democrat- If we are so concerned about the pres- man, I yield 71⁄2 minutes to the gentle- led Senate during the Nixon adminis- ervation and conservation of these woman from Idaho. tration, nevertheless, the biodiversity areas, then maybe we should really be (Mrs. CHENOWETH asked and was treaty has never been ratified by the concerned about those what we call given permission to revise and extend United States Senate, never. Yet, there exploitive activities that go on on her remarks.) is enough land that has been set aside these lands by foreign powers, actual Mrs. CHENOWETH. Mr. Chairman, I under designations of these two des- activities, rather than these phantom want to thank the gentleman from ignations to fill up the entire State of concerns that we have with tanks and Alaska (Mr. YOUNG) for his outstanding Colorado. other issues that may be in the minds leadership on this issue. I think it is time we act. We have a of our constituents. But I am sure that I have come to the floor many times responsibility to the American people my colleagues have made every effort during my tenure in Congress to dis- to protect the sovereignty of our land. to dispel these unwarranted fears, and cuss this very important issue that Mr. Chairman, these very simple pro- have faced up to the issues of this mis- H.R. 883 addresses, the constitutional visions do not represent massive information campaign that has existed. duty that we have as Members of Con- changes in policy, nor are they born I trust they would do that, Mr. Chair- gress to protect the sovereignty of our out of paranoia. There is nothing that man; that they would face up to that lands in every possible way. says anything about blue helmets or type of issue and not let that type of Yet, every time this matter is tanks. They are very important items misunderstanding and misinformation brought before the House, I hear many that ensure our Federal officials prop- spread across the land such fear that of my colleagues vigorously argue that erly allocate taxpayer resources, and would result in imprudent types of ac- this has nothing to do with our con- that we as a Congress maintain the tions by this Congress. stitutional duty to preserve and pro- total governance of our lands required Mr. Chairman, I reserve the balance tect our Nation’s sovereignty. under Article IV, Section 3, of the of my time. I have also heard arguments today United States Congress. Mr. YOUNG of Alaska. Mr. Chair- from the floor that we should not be This section, very succinctly, states man, I yield myself such time as I may meddling in these kinds of things. I that ‘‘The Congress shall have the consume. know as chairman of the Sub- power to dispose of and make all need- Mr. Chairman, I would like to also committee on Forests and Forest ful rules and regulations respecting the recite Mr. Hodel, the past Secretary of Health we even have to have a bill to territory or other property belonging the Interior. move a boundary on a wilderness area to the United States.’’ It is very clear. The last paragraph says, ‘‘This legis- a half a mile. We have to have a bill to It does not take a rocket scientist to lation Chairman Young is sponsoring, name buildings. interpret what the Constitution says, H.R. 883, will bring welcome relief to So what would the opposition to this and neither does it take a court to in- property owners threatened by a bill have us do, just stay busy naming terpret this provision for us to act. We H3410 CONGRESSIONAL RECORD — HOUSE May 20, 1999 do not need the court decisions for the Ms. Kirkpatrick went on to say, or the recognition that is accorded to Congress to act in a responsible way. ‘‘What recourse does an American these 82 sites, not one witness that ap- Mr. Chairman, there are some who voter have when U.N. bureaucrats from peared. actually believe that the U.N. Bio- Cuba or Iraq or Libya, all of which are The gentlewoman from Idaho (Mrs. sphere and World Heritage designa- parties to this treaty, have made a de- CHENOWETH) raised the question that tions, which encompass 68 percent of cision that unjustly damages his or her there was a witness from Minnesota. the land in our national parks, pre- property rights that lie near a national Well, unfortunately, I am from Min- serves, and monuments, and make up park?’’ nesota. We do not have any sites in an area the size of Colorado, are benign Mr. Chairman, the only relevant ar- Minnesota. I would like to have some and have the mere purpose of placing a gument that the Clinton administra- sites in Minnesota, and I hope someday plaque or a label that these areas can tion has made against this bill is that that we do. But we do not have any in use to attract tourism. it would add unnecessary bureaucracy Minnesota. But I guess that witness That is utter naivete. However, in to the designation process. I do not be- from Minnesota knew something that I the Committee on Resources we have lieve that is the case. I think that this did not. heard testimony from citizens living in would simply clarify and straighten But the fact is, and this is the sort of, Alaska, Arkansas, Missouri, Min- out a mess that we have found our- I think, misunderstandings that this nesota, New Mexico, New York, and selves in in this administration. legislation is based on, not one of these Wyoming that suggest otherwise. Mr. VENTO. Mr. Chairman, I yield sites has been brought to our attention These individuals testified about how myself such time as I may consume. where there has been any change in the these designations affected their prop- Mr. Chairman, I would point out that land management that is due to these erty value, their economic activity, clearly the gentlewoman from Idaho cooperative voluntary international and most candidly, their ability to play (Mrs. CHENOWETH) is confused about agreements. a role in the designation process. They the Biodiversity Treaty, which is not a While I have tried to portray this as were left out. part of this agreement. We are talking not having a an impact, obviously our Even the U.N.’s own documentation about Man and the Biosphere. park laws, when I wrote and when our on these programs describes its I mean, we would obviously stipulate committee writes legislation on parks proactive role on land policy. One such that the Biodiversity Treaty, the Rio or on wilderness or on BLM or other publication defining the purpose of bio- Treaty, is something that the Senate types of land classifications, I mean diversity reserves call for extensive has to consider. But apparently we what I say when we designate those land policy initiatives such as ‘‘strate- were misplacing our words. sites that they ought to be protected, gies for biodiversity, conservation and I would suggest that the national that there are transboundary issues sustainable use,’’ and for action plans protection and international protec- that are affected. I meant what I said. provided for under Article VI of the tion of cultural and national heritage But, unfortunately, I think what is Convention on Biological Diversity. in Article VI, this particular program unfolding here is an effort to try, I am not going to trade our responsi- points out that, and I will quote from through this American sovereignty bility to manage our lands under this this, ‘‘Whilst fully respecting the sov- claim, through criticism and fear of constitutional provision for Article VI ereignty of States of whose territory the U.N., to try to turn around and of the Convention on Biological Diver- the cultural and natural heritage men- blame the U.N. and these programs, sity, and I do not think the American tioned in Article I and II is situated, these international programs. We have people want us to do that, either. and without prejudice to the property everything at stake in terms of pro- right provided by national legislation, viding this type of leadership on a glob- b 1215 the State parties to this Convention al basis, in terms of trying to encour- Mr. Chairman, to me this type of recognized that such heritage con- age other nations on a voluntary basis, strategy involves a lot more than just stitutes a World Heritage for those whether it be China, whether they be a harmless plaque. Nevertheless, the whose protection it is the duty of the democratic governments or govern- question every Member of this body international community as a whole to ments which we think are not demo- should be asking themselves today is cooperate.’’ cratic, to in fact pursue the preserva- not whether or not these designations So the issue that we are dealing here tion, the conservation of their re- do in fact intrude on our vested power with is not whether the countries are sources on a voluntary basis. We have to govern our lands, but whether we members of this, because we know that had spectacular success. should even take that chance. there are many nations who are mem- This is a place, as I said, if it is a Mr. Chairman, if World Heritage bers of these programs. In fact, with re- criticism of UNESCO in terms of Man areas or Biodiversity Reserves really gards to the World Heritage Conven- and the Biosphere, in terms of re- are harmless or benign, it should be tion, 150 nations are members of that; search, this is an area that is working. Congress that makes that determina- with regards to Man and the Biosphere, This is one area that we should not be tion, not our unelected officials. I do it is 125 Nations; and with regards to debating or disagreeing about in terms not think that Article IV, section 3 of the Ramsar Treaty, there are 92 Na- of research and gaining information the Constitution advises that in gov- tions. and knowledge. That is the essence of erning our lands that we simply opt As I had spoken earlier, nearly 2,000 what the Man and the Biosphere pro- out of policies that may appear ineffec- sites, some 1,932 sites that I have and gram has. It has nothing to do with the tual. But instead, it expressly requires still growing, I suppose, and in the Biodiversity Treaty, as was indicated that we, the Congress, make all needful United States, we have some 82 of here, a misstatement I guess on the rules and regulations. those sites where less than 5 percent of part of the proponents of this. I do not think, Mr. Chairman, the the sites are located in the United The same is true of these World Her- danger can be stated any clearer than States, and it is based upon the exist- itage sites. They deliver tourism. Indi- it was before the Committee on Re- ing land laws that the Committee on viduals, just like in a park pass, look sources by the Honorable Jeane J. Resources, the administration, that at these World Heritage sites, some 506 Kirkpatrick, highly respected U.N. Am- U.S. law provides, whether through the sites, and they try to go to as many as bassador during the Reagan adminis- national government, through the they can. It encourages tourism in this tration, when she stated, and I quote, State governments, the property rights Nation. We have but 20 of those sites. ‘‘The World Heritage and Man and Bio- are intact. Obviously our parks are a great attrac- sphere committees make decisions af- No one can raise one case where, for tion and globally known and renowned fecting the land and lives of Ameri- instance, the Statue of Liberty has for the wonderful features that charac- cans. Some of these decisions are made been designated a World Heritage site. terize them. by representatives chosen by govern- What have we lost? What has changed The Ramsar Treaty obviously is one. ments not based in democratic rep- in terms of its administration? Tell me There may be other treaties that are resentation, certainly not the represen- one instance where something has affected. These are the three that have tation of Americans.’’ changed that is due to the designation stuck out that we have discussed, but May 20, 1999 CONGRESSIONAL RECORD — HOUSE H3411 almost any other agreements that we SENATE, not represent my position. Favorable state- come to on a voluntary international STATE OF MINNESOTA, ments made about an honorary and benign basis are struck down and put back be- St. Paul, MN, May 11, 1999. program more than a decade ago are pat- fore Congress. I think we know what Hon. TOM COBURN, ently not applicable to that program as it is House of Representatives, now being utilized. the disposition of that is. Washington, DC. The American Land Sovereignty Protec- Read the bill. I have read this bill DEAR CONGRESSMAN COBURN: As Chairman tion Act, as I understand it, will require con- and studied it carefully. It makes an of the Minnesota Senate Committee on Nat- gressional approval of United Nations World almost insurmountable test in terms of ural Resources and Environment, I commend Heritage Site proposals. I believe that this is your efforts to defund the Man and Biosphere any type of designation of the Man and a necessary and reasonable safeguard for Program (MAB). Since one of the major op- American citizens against overreaching, the Biosphere programs. It goes 10 ponents of your efforts is Congressman Bruce unelected, unaccountable domestic and miles outside the boundary of any of Vento of Minnesota, who represents a com- international bureaucracies. these where there would be a Man and pact urban district with little undeveloped This legislation Chairman Young is spon- the Biosphere designation and demands land, I would like to tell you about the pain- soring, H.R. 883, will bring welcome relief to that it have absolutely no economic ef- ful experience northern Minnesota had with property owners threatened by a United Na- fect. the MAB program in the past. tions bureaucracy that has grown out of con- During the mid-1980’s the National Park trol. I would suggest that it would almost Service proposed a massive Northwoods Sincerely, International Biosphere Reserve that in- be impossible to pass the type of test DONALD PAUL HODEL. that has been put in here. But I think cluded lands in my Senate district which were included without notifying me or any STOCKTON, CA, it has been put in here for good reason; other local elected officials. In 1984 the May 13, 1999. that is, my colleagues want to kill state-sponsored Citizen’s Committee on these programs. They want to cut the Voyageurs National Park took up this issue Hon. RICHARD POMBO, head off of the Man and the Biosphere after a casual comment from the then Voya- Member of Congress, House of Representatives, program. They want to stop the World geurs National Park Superintendent Russell Washington, DC. DEAR CONGRESSMAN POMBO: Thank you for Heritage Convention. They want to Berry that our area had been nominated as a biosphere reserve. At a public meeting of contacting me regarding the House Com- stop the Ramsar Treaties, which are mittee on Resources’ March 18 hearing on the basis, really, just the fragile basis that committee on December 1, 1984 in Min- neapolis after the nomination was made, Mr. the American Land Sovereignty Protection of cooperation that we have on an Berry, partially explained one reason for the Act, H.R. 883. international basis to provide some biosphere reserve by stating ‘‘I’d like to be As you know, before President Ronald conservation and leadership. in as strong a position as possible to influ- Reagan appointed me Assistant Secretary for Fish, and Wildlife and Parks, Department Frankly, in my view, we ought to be ence activities outside the boundaries that would adversely affect the Park in the con- of the Interior, I served Governor Ronald doing a lot more on an international text of things that would be detrimental to Reagan as the Director of California’s De- basis, dealing with water quality, deal- the ecosystem within the Park.’’ partment of Fish and Game. I am especially ing with air quality, dealing with the Because the park is surrounded by thou- proud of the environmental agenda we were way that landscapes are treated in sands of acres of private property, Mr. Berry able to implement, and the success we had terms of how we treat our forests and, intended to use the biosphere as a means to with programs that encourage ranchers, farmers and other private landowners to indeed, that biodiversity issue treaty implement land use controls on private prop- erty. Since my constituents did not want maintain, develop and enhance wildlife habi- that was raised by my colleague. their constitutionally-guaranteed private tat on privately owned land. Those benefits I certainly am a proponent of trying property rights further threatened, they continue to this day, and they serve as excel- to work on a global basis to protect strongly opposed this proposal. Con- lent examples of public benefits that flow these resources and to rationally use sequently, in 1987 the Northwoods Inter- from private land ownership without govern- ment intervention or funding. them and to, in fact, provide for some national Biosphere Reserve nomination was withdrawn by National Park Service Direc- Before coming to Washington, D.C. in 1980 policy path that would be reasonable tor William Penn Mott. to serve President Reagan, I gave 20 years of with regards to preserving our environ- Until the MAB program is authorized by volunteer service on the board of directors of ment. Congress and statutory protections for pri- the National Wildlife Federation (NWF), in- Mr. Chairman, I urge my colleagues vate property are guaranteed, I will support cluding two terms as the Foundation’s presi- all efforts to defund this program. Without dent-elect (1976–78). to vote against this measure. It is a these protections, unelected federal bureau- Before my career and commitment to wild- bad measure. It is misunderstood and crats will again use biosphere reserves as a life resources and the environment, I de- unfortunately a bill the House should means of implementing federal land use con- fended America’s freedoms, including the not consider at all. I urge defeat of this trols on private property. right to own private property, when serving Since Mr. Vento’s district is 300 miles measure, H.R. 883. 41⁄2 years with the U.S. Marine Corps during away from the ill-fated Northwoods Inter- WWII, and another three years during the Mr. Chairman, I yield back the bal- national Biosphere Reserve proposal, I would Korean Conflict. ance of our time. encourage you to listen to those who rep- At the March 18 hearing of the House Com- Mr. YOUNG of Alaska. Mr. Chair- resent people who live and work in the af- mittee on Resources, I understand that the fected area rather than those who recreate in man, I yield myself such time as I may U.S. Department of the interior witness en- the area on weekends. tered into the official record a 17-year old consume. Thanks again for your efforts in defense of letter I signed while serving the Reagan Ad- local control and private property. Mr. Chairman, I want to clarify the ministration as Assistant Secretary for Fish Sincerely, Biosphere Reserve Program is oper- and Wildlife and Parks. I recently reviewed Senator BOB LESSARD. ating without any congressional au- the letter in question, and you should know that it merely dealt with the technical issue thority at all. Our constitutional sys- CHESAPEAKE, VA, of creating a standardized form for recording tem is designed to make our govern- May 18, 1999. information on World Heritage Sites. The Congressman RICHARD POMBO, ment responsible to the people; that is, letter must not be interpreted as anything United States Capitol Building, the American citizens who are the ulti- other than that. mate sovereign authority in our sys- Washington, DC. DEAR MR. POMBO: Thank you for asking for The record of the Reagan Administration tem, a people who must satisfy the my comments on the process of UNESCO and the current Clinton Administration re- concerns of outsiders before they are designation of World Heritage Sites. garding UNESCO’s World Heritage, and Man no longer sovereign. That is why this is During the Reagan Administration, these and the Biosphere programs are starkly dif- called the American Sovereignty Act. designations were honorary and benign in ferent. Under the Reagan Administration, nature. However, like so many United Na- these designations were indeed voluntary, I respectfully request my colleagues tions programs, this one has fallen subject to non-regulatory, and honorary. This is in to vote for this legislation, get us back inappropriate mission creep. It has become a sharp contrast with the current Administra- in control under our Constitution. proxy for international attempts to override tion that invited the World Heritage Com- That is our role. That is our charge. national sovereignty and control land use. mittee to Yellowstone National Park to con- Not to do so is neglecting our responsi- The current Administration has submitted demn private property located outside of the bility. a thirteen year old press release to invoke Park! The World Heritage Committee delega- my name in support of the World Heritage tion present was comprised largely of non- Mr. Chairman, I include the following Site proposals. This is unfortunate political elected bureaucrats from Third World coun- for the RECORD: game-playing and deceptive in that it does tries. Such an action by the World Heritage H3412 CONGRESSIONAL RECORD — HOUSE May 20, 1999 Committee clearly runs roughshod over to threaten private property owners and na- Our Members, from diverse states such as America’s sovereignty. tional sovereignty. For example, in its ef- New York, Arkansas, Kentucky and Min- H.R. 883 is sorely needed to require Con- forts to stop a proposed mine on private nesota have fought hard to get a seat at the gress to oversee non-elected bureaucrats, in property outside Yellowstone National Park, table when biosphere reserves were proposed both the United States and the United Na- the current administration in 1995 invited in their areas. In all cases, officials from fed- tions, from threatening our nation’s sov- the World Heritage Committee to the park eral agencies ardently worked to keep them ereignty and private property rights of to evaluate alleged environmental threats out. H.R. 883 would open up this process by American citizens. Former United States caused by the proposed mine. This visit by requiring that all existing biosphere reserves Ambassador to the United Nations, Jeane J. unelected United Nations bureaucrats cre- in the United States be authorized by an Act Kirkpatrick, stated this best in a May 5, 1999, ated a circus-type atmosphere whereby the of Congress by 2002 or they would cease to letter she sent to the House Committee on World Heritage Committee made the owners exist. This would empower average citizens Resources on this issue. she wrote, inter alia: of that private property a pariah in the to become involved in these designations. ‘‘In U.N. organizations, there is no account- international community. Partially as a re- At House Resource Committee hearings in ability. U.N. bureaucrats are far removed sult of this visit and a formal declaration Tannersville, NY, Washington, D.C. and from the American voters. Many of the State later against the proposed mine by the World Rolla, MO, PPRC testified in strong support Parties in the World Heritage Treaty are not Heritage committee, the mine was never de- of this legislation. It embodies a basic prin- democracies. Some come from countries that veloped. ciple of open government that citizens and do not allow the ownership of private prop- I also understand that some in the current communities have a right to know about de- erty. The World Heritage, and Man and Bio- administration are attempting to use our cisions affecting them before they are made. sphere Reserve committees make decisions membership in the World Heritage Com- Again, the Pulp and Paperworkers’ Re- affecting the land and lives of Americans. mittee to help stop a proposed mine in Aus- source Council strongly supports H.R. 883. Some of these decisions are made by rep- tralia that is strongly supported by the duly Sincerely, resentatives chosen by governments not elected government of that country. Such an DON WESSON, based on democratic representation, cer- effort against a sovereign nation would have PPRC National Secretary. tainly not the representation of Americans. been unthinkable under the Reagan Adminis- What recourse does an American voter have tration which honored the sovereignty of MAY 5, 1999. when U.N. bureaucrats from Cuba or Iraq or democratically elected governments. Hon. Bruce F. Vento, My review of H.R. 883 shows it merely pro- Libya (all of which are parties to this Trea- House of Representatives, vides congressional oversight of the World ty) have made a decision that unjustly dam- Washington, DC. Heritage Program to prevent an inter- DEAR MR. VENTO Thank you for your let- ages his or her property rights that lie near national agency from threatening private ters of March 24th and April 28th regarding a national park? When the World Heritage property rights and national sovereignty as my testimony before the House Resources Committee’s meddling has needlessly encum- it did in Yellowstone and is attempting to do Committee on the March 18th hearing of the bered a private United States citizen’s land in Australia. This legislation will provide American land Sovereignty Protection Act, and caused his or her property values to fall, the type of adult supervision from elected of- H.R. 883. In my opinion the important issue that citizen’s appeals to these committees (if ficials that every domestic and international here is protection of Americans’ rights of that is possible) will fall on deaf ears.’’ bureaucracy needs. democratic process. I sought to emphasize I strongly support H.R. 883 and urge its I appreciate you alerting me that my 15 the dangers I see in Congress’s waiving of its passage. I believe H.R. 883 is desperately year old letter is regrettably being used for role and responsibilities over matters which needed, and I know that it is in the best in- political purposes in Washington, D.C. fundamentally affect citizens of the United terest of our nation and her citizens to re- Sincerely, States and ceding that role and its associ- quire our elected representatives in the WILLIAM P. CLARK. ated powers to a global organization in United States Congress to properly oversee which affected Americans have no represen- the actions of non-elected bureaucrats with- PULP & PAPERWORKERS’ tation. in the United States and the United Nations. RESOURCE COUNCIL. As I understand it, the proposed Act does Sincerely, DEAR REPRESENTATIVE: The Pulp and Pa- nothing more than affirm Congressional role G. RAY ARNETT, perworkers’ Resource Council (PPRC) in the management of our public lands, a Former Assistant Secretary strongly urges you to support H.R. 883, the role mandated to it by the Constitution for Fish and Wildlife and Parks. American Land Sovereignty Protection Act, under Article IV, Section 3, which states: which soon will be voted on by the full ‘‘The Congress shall have Power to dispose of CLARK RANCH, House. This bill provides for Congressional and make all needful Rules and Regulations Paso Robles, CA, 14 May 1999. oversight of United Nations Biosphere Re- respecting the Territory or other Property Hon. RICHARD W. POMBO, serves and World Heritage Sites in the belonging to the United States.’’ I believe Congress of the United States, House of Rep- United States. The biosphere program is not that is a clearly worded duty which Congress resentatives, Washington, DC. even authorized by Congress, nor is the pro- is bound by the Constitution to uphold. DEAR CONGRESSMAN POMBO: I greatly ap- gram part of an international treaty. Your letter raises several questions con- preciate you informing me about the May 12, PPRC is a ‘‘Grassroots’’ organization rep- cerning my testimony, each of which I have 1999 letter from Deputy Assistant Secretary resenting more than 300,000 Pulp and Paper addressed below. of the Interior Stephen Saunders to House Workers and some 900,000 Wood Products In- I. Please explain the simultaneous decision Resources Committee Chairman Don Young dustry Workers. Many of our members are to continue our active participation in the regarding H.R. 883, the American Land Sov- unionized workers and we have members in World Heritage Convention and the U.S. Man ereignty Protection Act. virtually every state of the union. We sup- and the Biosphere Program [after your sup- The Saunders letter cited a letter I signed port natural resource policies that allow our port for the successful U.S. withdrawal from 15 years ago as Secretary of the Interior re- mills to thrive and keep our members and UNESCO], both of which are coordinated at garding the U.S.’s continued participation in their families employed in well-paying union the international level by UNESCO. the World Heritage Convention at a time jobs. The United States’ Permanent Representa- when our nation decided to withdraw from PPRC is very concerned how America’s tive to the United Nations oversees U.S. par- the United States Educational, Scientific sovereignty over its natural resources is in- ticipation in many United Nations’ programs and Cultural Organization (UNESCO). My creasingly threatened by international and organizations, including aspects of U.S. letter is characterized by Mr. Saunders as agreements and unelected bureaucrats at participation in UNESCO. The World Herit- showing ‘‘a strong bipartisan consensus that international organizations which often are age and Man and the Biosphere programs, U.S. involvement with the World Heritage dominated by Third World nations that have however, were not among them when I held Convention and other international con- poor records in protecting their own natural that job. servation conventions at issue in H.R. 883 resources. This was painfully evident when As you know, the Department of the Inte- pose absolutely no threat to U.S. sov- several PPRC officers participated in the rior has primary responsibility for the World ereignty.’’ World Commission on Forestry and Sustain- Heritage and the Biosphere programs. The That was true fifteen years ago. It is no able Development conferences. Department of the Interior, along with a fed- longer the case today. United Nations Biosphere Reserve and eral interagency panel controls all aspects of When I was Secretary of Interior for Presi- World Heritage Site designations, adminis- these programs. No member of Congress is dent Ronald Reagan, World Heritage sites tered by the United Nations Educational, included on this panel. Neither was a United were merely honorary designations. They did Scientific and Cultural Organization States’ U.N. Ambassador when I held that not threaten private property rights or na- (UNESCO), are nominated through a secre- position. The Code of Federal Regulations tional sovereignty. They were designed to tive process that excludes local govern- July 21, 1980 public notice of proposed U.S. recognize outstanding natural and cultural ments, union workers, private landowners World Heritage Nominations or 1981 states resources in America without creating new and other average citizens. Only high-rank- U.S. law at the time I was our UN Ambas- layers of regulation on private landowners ing unelected officials at the State Depart- sador: ‘‘In the United States, the Secretary of and rural communities. ment, other federal agencies, UNESCO and the Interior is charged with implementing the Unfortunately, this program has been used national environmental advocacy groups are provisions of the Convention, including prepa- in some cases by the current administration involved in this nomination process. ration of U.S. nominations. Recommendations May 20, 1999 CONGRESSIONAL RECORD — HOUSE H3413 on the proposed nominations are made to the from the local and state levels up to the Con- the authorization must come from Congress. Secretary by an interagency panel including gress and the Presidency. We give them the The Convention itself requires that ‘‘the in- members from the Office of the Assistant power to declare our lands national parks clusion of a property in the World Heritage Secretary for Fish and Wildlife and Parks, and the right to enact the laws that restrict List requires the consent of the State gov- the Heritage Conservation and Recreation our use of our properties. We give our duly erned.’’ [Article II, Section 3] The State in Service, the National Park Service, and the elected leaders the authority to select the question is the United States and its consent U.S. Fish and Wildlife Service within the De- judges who will interpret those laws. Our requires the consent of the people through partment of the Interior; the President’s elected leaders, in turn, respond to our wish- their duly elected representatives in accord- Council on Environmental Quality; the Advi- es because, just as we have granted them ance with the Constitution. That means Con- sory Council on Historic Preservation, and power, so may we take it from them in the gress, the body delegated the authority over the Department of State.’’1 (Emphasis next election. Representation and account- land management by the Constitution. The added). I was never included on the panel as ability are the foundation of the freedoms we ‘‘American Land Sovereignty Protection the Department of State Representative. I cherish. Having fought and won elections Act’’ is consistent with both U.S. and inter- was never invited to participate in any deci- yourself, you know this principle well. national law. sions concerning these programs. In U.N. organizations, there is no account- In the second part of your question, you I raised the issue of the U.S. withdrawal ability. UN bureaucrats are far removed ask what are the specific characteristics of from UNESCO to make a point: the UNESCO from the American voters. Many of the ‘‘international committees’’ dealing with of the 1980’s demonstrates quite well both an States Parties in the World Heritage Treaty conservation which makes them particularly example of an incompetent and corrupt are not democracies. Some come from coun- threatening?’’ My answer is, those commu- international organization and the nearly in- tries that do not allow the ownership of pri- nities which affect substantial interests of surmountable obstacles of trying to reform vate property. The World Heritage and Man U.S. citizens. If American citizens have an it and hold it accountable. During my tenure and the Biosphere committees make deci- interest in the conservation of a particular as U.S. Ambassador, I sought to limit the sions affecting the land and lives of Ameri- area, that decision should be made by Con- proliferation and scope of U.N. based on cans. Some of these decisions are made by gress, the body delegated responsibility by international organizations which were ac- representatives chosen by governments not the Constitution for making these decisions countable to no responsible, democratically based on democratic representation, cer- in full view of the American public. And if elected government. This discussion serves tainly not on the representation of Ameri- each decision requires consideration of costs to reinforce the point I was trying to make cans. What recourse does an American voter and benefits to the property rights of indi- during my testimony, namely that Congress have when UN bureaucrats from Cuba or Iraq vidual voters affected, so be it. UNESCO should take an active role in the oversight of or Libya (all of which are parties to this committees are not competent to address the programs which impact private citizens in Treaty) have made a decision that unjustly complex private property and public interest this country. damages his or her property rights that lie issues presented here. They have no interest II. [A]s you know, 7 of the 20 World Herit- near a national park? When the World Herit- in how their actions affect private U.S. citi- age Sites in the United States were listed as age committee’s meddling has needlessly en- zens. I believe Congress should not abdicate such during your tenure as our Ambassador cumbered a private United States citizen’s its responsibilities for land management to to the U.N. In your capacity as U.N. Ambas- land and caused his or her property values to international groups whose members have no sador, did you oppose these nominations fall, that citizen’s appeals to these commit- concern for protecting individual property based on the fact that Congress had not spe- tees (if that is even possible) will fall on deaf rights and American interests. cifically authorized these listings? At any ears. Sincerely, As for your question ‘‘Is it accurate to con- point in your tenure, did you attempt to JEANE J. KIRKPATRICK. have any existing designations withdrawn on clude from this statement that you believe the same basis? specific Congressional authorization should Mr. PACKARD. Mr. Chairman, I strongly I refer you to my answer above. The De- be required for U.S. participation in any pro- support H.R. 883, The American Land Sov- partment of the Interior is charged with im- gram which involves an ‘international com- ereignty Protection Act. We must preserve and plementing the provisions of this program, mittee?,’ ’’ my answer is, in any U.N. based protect our nation's private property rights for not the United States’ UN Representative’s committee which makes decisions that im- our citizens and for our country. office. I had no role and I was not aware of portantly affect American citizens. Speaking The American Land Sovereignty Protection the details of these programs. Now, however, to the issue at hand, which is the require- Act will require Congressional approval before that this issue has ripened, I believe it is ment of congressional authorization of World time to restore Congress’ proper role in this Heritage and Biosphere site designations, I nominating U.S. property as U.N. land des- matter. definitely believe congressional authoriza- ignations for inclusion on the World Heritage III. ‘‘Your prepared testimony . . . includes tion should be required. Congressional role List. This legislature will also prohibit U.S. the statement, ‘International Committees— should be protected, I believe, should be re- property from being nominated as a Biosphere whatever the substance of their decisions— quired, in any process, any time the Con- Reserve and it will terminate existing Bio- do not represent the American people and stitution specifically places a duty on Con- sphere Reserves if they do not meet the prop- cannot be held accountable by them,’ (em- gress to act. The question presented here is er conditions. Under H.R. 883, Congress will phasis added). Is it accurate to conclude specific. The Constitution mandates congres- be re-established as the ultimate decision- from this statement that you believe specific sional responsibility over public land man- Congressional authorization should be re- agement. The World Heritage and Biosphere maker in managing public lands and maintain quired for U.S. participation in any program programs directly impact the management sovereign control of U.S. soil, not the United which involves an ‘international com- of public and private lands in the United Nations. We must pass this legislation and mittee?’ ’’ States. Congress should be involved. halt designations made without consulting Obviously, these committees do not rep- The Constitution grants and requires Con- Congress or landowners. resent the American people. That is not gress’ broad control over the management of Mr. Chairman, the United Nations has iden- their function. I want to be absolutely clear the public lands. The Executive branch, tified 92 sites in 31 states and the District of on this point. Only our representatives on through the Department of the Interior and those committees represent Americans. Ob- in conjunction with the World Heritage and Columbia for acquisition. The fact is, property viously, the Cuban or Libyan delegates to Man and the Biosphere programs (the ‘‘inter- owners and local governments are routinely these committees do not represent the Amer- national committees’’ created by this Con- shut out of the process and have little re- ican people and, in fact, often oppose Amer- vention) should not be allowed to exercise course if their land is claimed by the U.N. or ican interests, regardless of the issue. Nei- Congress’ constitutional authority. other international agencies. We must put an ther do the New Zealand—to take a country IV. ‘‘Should Congressional authorization end to this uncalled-for seizure of our nation's at random—or Brazil. The United States’ be required for any international agree- land and restore control to landowners and Congress, on the other hand, is elected and ments/contracts which allow use of our na- local officials. does, in fact, represent the American people. tional resources and public lands, such as U.N. based committees, unlike Congress, are mining or timber harvesting? If it is the case Mr. Chairman, I urge my colleagues to sup- not accountable to the American people be- that your support for requiring Congres- port H.R. 883 and continue to protect our na- cause they have not been elected by or cho- sional authorization is limited only to those tion's soil. We must never allow foreign na- sen in any way by the American people. areas included in H.R. 883, please explain the tions or international organizations to bully They do not represent and are not concerned specific characteristics of ‘international American landowners. with U.S. national interests nor the interests committees’ dealing with conservation Mr. HAYES. Mr. Chairman, I rise today in of U.S. citizens. which makes them particularly threat- strong support of the American Land Sov- In this democracy, the citizens grant pow- ening?’’ ers to our elected leaders through our votes First of all, as you know, any U.N. based ereignty Protection Act. I and 182 of my col- agreements or contracts which allow use of leagues who co-sponsored this bill believe that it is not only common sense, but also Con- 1 ‘‘Proposed U.S. World Heritage Nominations for our natural resources and public lands re- 1981, Public Notice,’’ 45 FR 48717, July 21, 1980. You quire various forms of authorization from gress' Constitutional duty, to protect the sov- will find the same language in each annual notice. our elected officials. In this particular case, ereignty of America's people and her land. H3414 CONGRESSIONAL RECORD — HOUSE May 20, 1999 As you have heard, UN Land Designations, H.R. 883 requires the consent of Congress This bill asserts that Congress under the World Heritage Sites and Biosphere Reserves, before the Secretary of the Interior may nomi- U.S. Constitution has the power over federal take place without the approval of Congress nate any property in the United States for in- lands. The American Land Sovereignty Protec- and with little or no Congressional oversight; clusion in the World Heritage list. I believe this tion Act would give Congress the authority to consequently, the citizens of the United States is certainly consistent with Article IV, section review, not attack, existing Biosphere Reserve are excluded from the process. These deci- 2. and World Heritage Site designations, in order sions infringe upon State sovereignty, indi- H.R. 883 specifically prohibits Federal offi- to decide if such designations are necessary. vidual rights of United States citizens, and pri- cials from nominating any land in the United I find it troubling that initiatives such as the vate interests in real property. States for designation as a biosphere reserve. United Nations Biosphere Reserves, World Mr. Chairman, I am proud of the beautiful Such designations are left to Congress to de- Heritage Sites and Ramsar Sites have been forests, monuments, national parks and other termine. designated with virtually no Congressional su- lovely places in the U.S. as anyone and am The bill requires the Congress to reconsider pervision. Also, I find it disconcerting that all of thrilled that others outside the U.S. see the for designation as a biosphere reserve those these designations have had virtually no input beauty in them as well. However, I feel very sites that have already been designated as from state and local officials. passionately that if the United Nations decides biosphere reserves by previous administra- Private property rights are a cornerstone to to designate the Uwharrie ForestÐin the 8th tions. It restores to Congress the authority to the American heritage. Our founding Fathers District of North CarolinaÐas a World Herit- choose to redesignate or not redesignate protected the rights of land owners. Many peo- age Site, that the people of my district should these sites. This is a process that should have ple in the United States have found that their have the opportunity to address how this des- been in place all along. private property rights are being restricted be- ignation might affect them. Receiving this des- H.R. 883 prohibits Federal officials from cause they live in proximity to biosphere re- ignation would mean that United States designating any land in the United States for serves. Restrictive regulations that govern agrees to manage the Uwharrie Forest in ac- a special or restricted use under any inter- these reserves are the brainchild of the United cordance with an underlying international national agreement unless such designation is Nations, not the United States government. agreement which may have implications on specifically approved by law. Land management decisions should be private property outside the forest. At best, a I call on all of my colleagues to uphold the made and reviewed by Congress, not arbi- World Heritage Site or Biosphere Reserve U.S. Constitution and the constitutional author- trarily by bureaucratic officials in the Executive designation gives the international community ity of this body. A vote for H.R. 883 is a vote Branch or international agencies. an open invitation to interfere in how the to preserve the authority of this body. A vote What do my colleagues from the other side Uwharrie, and land surrounding it, are used. against H.R. 883 is a vote that quite frankly, fear from Congress doing their job? Why do The voters of my district might decide it in my opinion, is inconsistent with Article IV, they fear individuals, local, state and federal would be in their best interest to accept the section 2, and the oath that we have taken. entities being involved in the process? Con- UN designation. If that were the case, I would ``The Congress shall have the power to dis- gress should not relinquish their duty of main- gladly honor the will of my constituents. How- pose of and make all needful rules and regula- taining and protecting federal lands. We must ever, it is their community, their lands and tions respecting the territory or other property ensure the rights of American private property their livelihoods being affected, they have the belonging to the United States.'' owners at the federal and international level. I right, and should have the opportunity, to have Mr. HILL of Montana. Mr. Chairman, I be- urge the passage of this important legislation. a say. lieve it is critical for the United States to en- Vote yes on H.R. 883. The Uwharrie Forest is just one example of sure that our lands are not subject to special Mr. YOUNG of Alaska. Mr. Chair- a beautiful site in my district. I know each of international restrictions without careful consid- man, I yield back the balance of my you can think of several beautiful places in eration of the implications before a designation time. your own districts that would be prime for a is made. The CHAIRMAN. All time for general UN World Heritage Site designation. The increasing interdependence of the debate has expired. I urge you to give your constituents the Pursuant to the rule, the bill shall be chance to be involved in decisions that affect world's economic stability, environmental qual- ity, and peace and human development are considered for amendment under the 5- them, their private property rights and our sov- minute rule for 4 hours and is consid- ereignty as a nation. I urge you to vote in often dependent on international cooperation, but this cannot preempt the United States ered read. favor of the Land Sovereignty Protection Act. The text of H.R. 883 is as follows: Mr. WELDON of Florida. Mr. Chairman, from meeting our obligations to our own citi- when I was sworn into office, I took an oath zens. H.R. 883 to uphold the U.S. Constitution. Each of us This legislation restricts Federal officials Be it enacted by the Senate and House of has taken that same oath, and I rise to remind from designating lands under the World Herit- Representatives of the United States of America in Congress assembled, us of our oath of office and reflect on the age List of the United Nations without the ex- words of the Constitution. Article IV, section 2 press consent of Congress. SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘American of the U.S. Constitution states, ``The Congress Furthermore, it amends the National Historic Preservation Act to restrict United States' Land Sovereignty Protection Act’’. shall have the power to dispose of and make SEC. 2. FINDINGS AND PURPOSE. all needful rules and regulations respecting the lands from being designated as a Biosphere Reserve. (a) FINDINGS.—Congress finds the fol- territory or other property belonging to the lowing: United States.'' It gives Congress the necessary authority to (1) The power to dispose of and make all Clearly, the U.S. Constitution gives the U.S. approve all land designations and change any needful rules and regulations governing Congress and only the U.S. Congress the au- existing designations. These measures are lands belonging to the United States is vest- thority to make all rules and regulations over key elements to ensuring that America re- ed in the Congress under article IV, section Federal lands. mains in full control of American land. 3, of the Constitution. This authority is not given to the President, It is critical for the United States to ensure (2) Some Federal land designations made it is not given to the U.S. Ambassador to the that our lands are not subject to special inter- pursuant to international agreements con- United Nations. No one in the State Depart- national restrictions without careful consider- cern land use policies and regulations for lands belonging to the United States which ment or the Department of the Interior is given ation of the implications before a designation under article IV, section 3, of the Constitu- this authority. The Constitution does not give is made. tion can only be implemented through laws this authority to the United Nations, UNESCO There is no denying that our world is be- enacted by the Congress. or any other body. The authority to establish coming increasingly interdependent. (3) Some international land designations, rules and regulations over Federal lands is re- Economic stability, environmental quality, such as those under the United States Bio- served to the U.S. Congress and only the U.S. and peace and human development are often sphere Reserve Program and the Man and Congress. depending on international cooperation. Biosphere Program of the United Nations What does H.R. 883, this bill, require the This interdependence, however, cannot pre- Scientific, Educational, and Cultural Organi- Government to follow? The U.S. Constitution. empt the United States from meeting our obli- zation, operate under independent national committees, such as the United States Na- The bill requires the specific approval of Con- gations to our own citizens. tional Man and Biosphere Committee, which gress before any area within the United States I cannot support policies that place limita- have no legislative directives or authoriza- is subject to an international land use nomina- tions on our ability to manage our own affairs. tion from the Congress. tion, classification, or designation. Is this so of- Mr. STEARNS. Mr. Chairman, I rise in sup- (4) Actions by the United States in making fensive? port of H.R. 883. such designations may affect the use and May 20, 1999 CONGRESSIONAL RECORD — HOUSE H3415 value of nearby or intermixed non-Federal ‘‘(2) The President may submit to the and Natural Resources of the Senate, that lands. Speaker of the House of Representatives and contains for the year covered by the report (5) The sovereignty of the States is a crit- the President of the Senate a proposal for the following information for the reserve: ical component of our Federal system of gov- legislation authorizing such a nomination ‘‘(1) An accounting of all money expended ernment and a bulwark against the unwise after publication of a finding under para- to manage the reserve. concentration of power. graph (1)(A) for the nomination. ‘‘(2) A summary of Federal full time equiv- (6) Private property rights are essential for ‘‘(e) The Secretary of the Interior shall ob- alent hours related to management of the re- the protection of freedom. ject to the inclusion of any property in the serve. (7) Actions by the United States to des- United States on the list of World Heritage ‘‘(3) A list and explanation of all non- ignate lands belonging to the United States in Danger established under Article 11.4 of governmental organizations that contributed pursuant to international agreements in the Convention, unless— to the management of the reserve. some cases conflict with congressional con- ‘‘(1) the Secretary has submitted to the ‘‘(4) A summary and account of the disposi- stitutional responsibilities and State sov- Speaker of the House of Representatives and tion of the complaints received by the Sec- ereign capabilities. the President of the Senate a report retary related to management of the re- (8) Actions by the President in applying describing— serve.’’. certain international agreements to lands ‘‘(A) the necessity for including that prop- SEC. 5. INTERNATIONAL AGREEMENTS IN GEN- owned by the United States diminishes the erty on the list; ERAL. authority of the Congress to make rules and ‘‘(B) the natural resources associated with Title IV of the National Historic Preserva- regulations respecting these lands. the property; and tion Act Amendments of 1980 (16 U.S.C. 470a– (b) PURPOSE.—The purposes of this Act are ‘‘(C) the impacts that inclusion of the 1 et seq.) is further amended by adding at the the following: property on the list would have on existing end the following new section: (1) To reaffirm the power of the Congress and future uses of the property and other ‘‘SEC. 404. (a) No Federal official may under article IV, section 3, of the Constitu- property located within 10 miles of the prop- nominate, classify, or designate any lands tion over international agreements which erty proposed for inclusion; and owned by the United States and located concern disposal, management, and use of ‘‘(2) the Secretary is specifically author- within the United States for a special or re- lands belonging to the United States. ized to assent to the inclusion of the prop- stricted use under any international agree- (2) To protect State powers not reserved to erty on the list, by a joint resolution of the ment unless such nomination, classification, the Federal Government under the Constitu- Congress after the date of submittal of the or designation is specifically authorized by tion from Federal actions designating lands report required by paragraph (1). law. The President may from time to time pursuant to international agreements. ‘‘(f) The Secretary of the Interior shall submit to the Speaker of the House of Rep- (3) To ensure that no United States citizen submit an annual report on each World Her- resentatives and the President of the Senate suffers any diminishment or loss of indi- itage Site within the United States to the proposals for legislation authorizing such a nomination, classification, or designation. vidual rights as a result of Federal actions Chairman and Ranking Minority member of ‘‘(b) A nomination, classification, or des- designating lands pursuant to international the Committee on Resources of the House of Representatives and of the Committee on ignation, under any international agree- agreements for purposes of imposing restric- ment, of lands owned by a State or local gov- tions on use of those lands. Energy and Natural Resources of the Senate, that contains for the year covered by the re- ernment shall have no force or effect unless (4) To protect private interests in real the nomination, classification, or designa- property from diminishment as a result of port the following information for the site: ‘‘(1) An accounting of all money expended tion is specifically authorized by a law en- Federal actions designating lands pursuant acted by the State or local government, re- to international agreements. to manage the site. ‘‘(2) A summary of Federal full time equiv- spectively. (5) To provide a process under which the ‘‘(c) A nomination, classification, or des- United States may, when desirable, des- alent hours related to management of the site. ignation, under any international agree- ignate lands pursuant to international agree- ment, of privately owned lands shall have no ‘‘(3) A list and explanation of all non- ments. force or effect without the written consent of governmental organizations that contributed SEC. 3. CLARIFICATION OF CONGRESSIONAL the owner of the lands. to the management of the site. ROLE IN WORLD HERITAGE SITE ‘‘(d) This section shall not apply to— LISTING. ‘‘(4) A summary and account of the disposi- ‘‘(1) agreements established under section Section 401 of the National Historic Preser- tion of complaints received by the Secretary 16(a) of the North American Wetlands Con- vation Act Amendments of 1980 (Public Law related to management of the site.’’. servation Act (16 U.S.C. 4413); and 96–515; 94 Stat. 2987) is amended— SEC. 4. PROHIBITION AND TERMINATION OF UN- ‘‘(2) conventions referred to in section AUTHORIZED UNITED NATIONS BIO- (1) in subsection (a) in the first sentence, SPHERE RESERVES. 3(h)(3) of the Fish and Wildlife Improvement by— Title IV of the National Historic Preserva- Act of 1978 (16 U.S.C. 712(2)). ‘‘(e) In this section, the term ‘inter- (A) striking ‘‘The Secretary’’ and inserting tion Act Amendments of 1980 (16 U.S.C. 470a– national agreement’ means any treaty, com- ‘‘Subject to subsections (b), (c), (d), and (e), 1 et seq.) is amended by adding at the end pact, executive agreement, convention, bi- the Secretary’’; and the following new section: lateral agreement, or multilateral agree- (B) inserting ‘‘(in this section referred to ‘‘SEC. 403. (a) No Federal official may as the ‘Convention’)’’ after ‘‘1973’’; and nominate any lands in the United States for ment between the United States or any agen- (2) by adding at the end the following new designation as a Biosphere Reserve under the cy of the United States and any foreign enti- subsections: Man and Biosphere Program of the United ty or agency of any foreign entity, having a ‘‘(d)(1) The Secretary of the Interior may Nations Educational, Scientific, and Cul- primary purpose of conserving, preserving, not nominate any lands owned by the United tural Organization. or protecting the terrestrial or marine envi- States for inclusion on the World Heritage ‘‘(b) Any designation on or before the date ronment, flora, or fauna.’’. List pursuant to the Convention, unless— of enactment of the American Land Sov- SEC. 6. CLERICAL AMENDMENT. ‘‘(A) the Secretary finds with reasonable ereignty Protection Act of an area in the Section 401(b) of the National Historic basis that commercially viable uses of the United States as a Biosphere Reserve under Preservation Act Amendments of 1980 (16 nominated lands, and commercially viable the Man and Biosphere Program of the U.S.C. 470a–1(b)) is amended by striking uses of other lands located within 10 miles of United Nations Educational, Scientific, and ‘‘Committee on Natural Resources’’ and in- the nominated lands, in existence on the Cultural Organization shall not have, and serting ‘‘Committee on Resources’’. date of the nomination will not be adversely shall not be given, any force or effect, unless The CHAIRMAN. No amendment to affected by inclusion of the lands on the the Biosphere Reserve— the bill is in order except those printed World Heritage List, and publishes that find- ‘‘(1) is specifically authorized by a law en- in the portion of the CONGRESSIONAL ing; acted after that date of enactment and be- RECORD designated for that purpose ‘‘(B) the Secretary has submitted to the fore December 31, 2000; and pro forma amendments for purpose Congress a report describing— ‘‘(2) consists solely of lands that on that ‘‘(i) natural resources associated with the date of enactment are owned by the United of debate. Amendments printed in the lands referred to in subparagraph (A); and States; and RECORD may be offered only by the ‘‘(ii) the impacts that inclusion of the ‘‘(3) is subject to a management plan that Member who caused it to be printed or nominated lands on the World Heritage List specifically ensures that the use of his designee and shall be considered would have on existing and future uses of the intermixed or adjacent non-Federal property read. nominated lands or other lands located with- is not limited or restricted as a result of that The Chairman of the Committee of in 10 miles of the nominated lands; and designation. the Whole may postpone a request for a ‘‘(C) the nomination is specifically author- ‘‘(c) The Secretary of State shall submit an recorded vote on any amendment and ized by a law enacted after the date of enact- annual report on each Biosphere Reserve ment of the American Land Sovereignty Pro- within the United States to the Chairman may reduce to a minimum of 5 minutes tection Act and after the date of publication and Ranking Minority member of the Com- the time for voting on any postponed of a finding under subparagraph (A) for the mittee on Resources of the House of Rep- question that immediately follows an- nomination. resentatives and the Committee on Energy other vote, provided that the time for H3416 CONGRESSIONAL RECORD — HOUSE May 20, 1999 voting on the first question shall be a House of Representatives and the President to recognize our World Heritage sites, minimum of 15 minutes. of the Senate proposals for legislation au- some of our outstanding crown jewels, Are there any amendments to the thorizing such agreements.’’. our parks, our natural or cultural areas bill. Mr. VENTO. Mr. Chairman, I guess in the parks, or simply for Congress to AMENDMENT NO. 10 OFFERED BY MR. YOUNG OF according the rule we are not going to approve when we are going to agree ALASKA read the amendment, but this amend- with the cooperative research like Mr. YOUNG of Alaska. Mr. Chair- ment is an important amendment that under the Man and the Biosphere pro- man, I offer an amendment. deals with the key component of the gram, then Congress should also ap- The CHAIRMAN. The Clerk will des- pending legislation. prove actions by foreign firms or indi- ignate the amendment. This legislation specifically requires viduals to in fact use exploitative ac- The text of the amendment is as fol- to approve the recognition of any U.S. tivities on U.S. lands. lows: lands for conservation purposes as a re- I understand those activities, the Amendment No. 10 offered by Mr. YOUNG of sult of an agreement with a foreign en- U.S. lands, of course, are going to be Alaska: tity. However, at the same time, the used for mining, for timber harvesting, On page 9, line 13, strike ‘‘2000’’ and insert legislation does not require similar for grazing, water rights, a variety of instead ‘‘2003’’. congressional action when U.S.-owned other things, but the issue is that, if it Mr. YOUNG of Alaska. Mr. Chair- lands are leased, oftentimes at a loss to is going to be done by foreign entities, man, this amendment is a technical American taxpayers, to foreign-owned we hand over the ownership, this has amendment which simply extends the countries for such things as drilling, real impact, this particular amend- time for grandfathering existing Bio- mining under the 1872 mining law, tim- ment. Unlike this bill which simply re- sphere Reserves by 3 years to 2003. I ber harvesting, or other types of com- lies upon the existing laws, the fact is ask my colleagues for their support. mercial endeavors. this has real impact in terms of trying Mr. VENTO. Mr. Chairman, will the My amendment establishes a parity to limit these types of activities. gentleman yield? in that process. My amendment would So I want to add this particular Mr. YOUNG of Alaska. I gladly yield suggest that commercial users and de- amendment to this for that reason, Mr. to the gentleman from Minnesota. velopment of U.S. lands by foreign Chairman. Mr. VENTO. Mr. Chairman, I have no companies and their U.S. subsidiaries Mr. RAHALL. Mr. Chairman, the objection to the amendment. Per- may only be established when specifi- black helicopters are circling over our fecting this bill is a very tall task, but cally authorized by law. My amend- lands. the gentleman has made one modest ef- ment would not prevent such activities And the agents of foreign powers are fort to do so. from occurring. It would simply re- indeed locking up our public lands, in- As long as the gentleman continues quire Congress to approve such actions. tent upon not only controlling them, to yield, I point out that I understand The Vento amendment in which I am but ultimately, America’s very natural that I will offer just one amendment, joined by the gentleman from West resource heritage. as I had indicated to the gentleman. I Virginia (Mr. RAHALL) and the gen- But to be sure, the pilots of these was not aware that of course the gen- tleman from California (Mr. GEORGE helicopters are not wearing the blue tleman from Colorado (Mr. UDALL) has MILLER), the ranking member of the helmets of the United Nations. an amendment, and I understand the Committee on Resources in this Rather, they are wearing the cor- gentleman from New York (Mr. amendment is a responsible provision porate emblems of companies based in SWEENEY) has an amendment. I was not that responds to the abuses which are South Africa, Australia, Luxembourg aware of those amendments yesterday now occurring and which neither Con- and Canada. at the Committee on Rules. gress nor the administration can le- These foreign agents are not from the Mr. YOUNG of Alaska. Mr. Chair- gally stop. United Nations. Their weapons are not man, reclaiming my time, neither was Many of my colleagues may recall world heritage sites or international I. So the gentleman is true to his word. the public outcry when it was revealed biospheres. Mr. VENTO. Mr. Chairman, if the that the concession facilities at Yo- Indeed, the true threat comes from gentleman will yield further, I have no semite National Park were going to be foreign conglomerates, multi-national objection to trying to improve this bill. managed by a Japanese conglomerate, mining firms, who swoop down upon It needs significant improvement. Matsushita. No legal recourse was our public lands and extract gold and The CHAIRMAN. The question is on available to block that action. silver with no rents or royalties paid to the amendment offered by the gen- A similar outrage was voiced when the American people. tleman from Alaska (Mr. YOUNG). the Secretary of Interior was required The UN Charter, in this instance, is The amendment was agreed to. under Federal law to lease lands con- not the issue. AMENDMENT NO. 9 OFFERED BY MR. VENTO taining more than $10 billion in gold to It is our very own Mining Law of 1872 Mr. VENTO. Mr. Chairman, I offer an a subsidiary of a Canadian-owned cor- which continues, with reckless dis- amendment. poration who paid less than $10,000 for regard to our economy and our envi- The CHAIRMAN. The Clerk will des- that particular $10 billion gold mine. ronment, to turn over federal assets to ignate the amendment. Nothing has been done to prevent a the control of foreign nationals. The text of the amendment is as fol- repeat of this type of continued rip-off. And so, I rise in support of the Vento- lows: A foreign firm can still operate the Rahall-Miller amendment to this bill, Amendment No. 9 offered by Mr. VENTO: concession for the Statue of Liberty or the American Land Sovereignty Pro- At the end of the bill, add the following any other of our national parks. For- tection Act. new section: eign firms can continue to exploit For if we are to protect the sov- ‘‘SEC. 7. INTERNATIONAL AGREEMENTS CON- American resources while at the same ereignty of our American lands from CERNING THE DISPOSAL, MANAGE- time at the expense of the American foreign powers, then we must include MENT, AND USE OF LANDS BELONG- ING TO THE UNITED STATES. taxpayers. commercial developments undertaken Title IV of the National Historic Preserva- We now have an opportunity to by foreign powers in the legislation. tion Act Amendments of 1980 (16 U.S.C. 470a– change that policy. The Vento amend- This is what this amendment is all 1 et seq.) is further amended by adding at the ment will not prevent these activities about. end the following new section: from moving forward, Mr. Chairman, it Our lands, our resources, owned by SEC. 405.—No Federal official may enter would simply require the Congress to all Americans, are being claimed by into an agreement with any international or consider the national consequences and foreign entities. foreign entity (including any subsidiary specifically authorize these actions. The hardrock minerals on these lands thereof) providing for the disposal, manage- If we are going to require Congress to are being mined with no return to the ment, and use of any lands owned by the United States and located within the United approve actions to recognize U.S.- public. States unless such agreement is specifically owned lands for conservation purposes And these lands are being privatized authorized by law. The President may from of all things to save migrating water- by foreign entities for a mere pit- time to time submit to the Speaker of the fall, for instance, on a global basis or tance—$2.50 an acre. May 20, 1999 CONGRESSIONAL RECORD — HOUSE H3417 Allowed under the Mining Law of rado are doing important research to have it in that district. If they do 1872? Yes. about air pollution and other environ- not, it would not occur. Should these practices continue to be mental issues in cooperation with sci- Mr. TANCREDO. Mr. Chairman, I condoned in 1999. No. Of course not. entists from other countries, such as move to strike the last word. So the real issue here today is not the Czech Republic. This is important Mr. Chairman, I rise to oppose the what the proponents of H.R. 883 make work, work that needs to continue; and amendment of my good friend and col- it out to be. my amendment would allow that to league from Colorado (Mr. UDALL). The It is not about the UN. It is not about happen without interruption. sites that he identifies that presently black helicopters descending upon an As for Rocky Mountain National exist in Colorado, the Niwot Ridge Re- unsuspecting populace. Park, all I can say is that this is one of serve and specifically also the Rocky It is, in these times of budgetary con- Colorado’s brightest gems, one of the Mountain National Park, are being des- straint, about the relinquishment of things that makes us proud to be Colo- ignated sites under the Heritage Act. our lands, and our minerals, to multi- radans. Rising up from the edge of the Specifically, the Rocky Mountain national conglomerates for fast food Great Plains, it straddles the Conti- National Park, of course, has been hamburger prices. nental Divide and includes snow-capped around for a long time and has been Cast a vote for America. peaks, high-altitude tundra, and a di- the protected environmental jewel in Vote yes on Vento-Rahall-Miller. verse array of other land forms and a the crown of Colorado for a long, long Mr. YOUNG of Alaska. Mr. Chair- splendid diversity of vegetation and time. It is peculiar, to say the least, man, I move to strike the last word. wildlife. that some other kind of designation, Mr. Chairman, I reluctantly accept As Coloradans, we are glad to share some United Nations designation, the amendment. its beauty with the Nation and we in- would help continue or would help pre- serve the environmental uniqueness of b vite the world to experience it. And the 1230 world is doing just that, at least in this particular property, or anything The CHAIRMAN pro tempore (Mr. part, because of its designation as a else in the State of Colorado, for that BASS). The question is on the amend- Biosphere Reserve. The National Park matter. ment offered by the gentleman from Service tells me that many visitors say My colleague talks about the many Minnesota (Mr. VENTO). that they learned of the park because tourists that flock to the State to see The question was taken; and the it was included in the Man and the Bio- these places, especially Rocky Moun- Chairman pro tempore announced that sphere program and that is what made tain Park. He is certainly correct in the ayes appeared to have it. them want to visit it. that; and, of course, they come in Mr. VENTO. Mr. Chairman, I demand As one who believes there is a benefit droves. In fact, one of our problems in a recorded vote, and pending that, I to every visitor to special wildlands Colorado is that oftentimes we have far make the point of order that a quorum like Rocky Mountain National Park, I too many people trying to get into is not present. am convinced that that is reason these particular areas and preserves, The CHAIRMAN pro tempore. Pursu- enough to keep the park in this pro- into Rocky Mountain National Park; ant to House Resolution 180, further gram. But it is also true that tourism and our problem is trying to deal with proceedings on the amendment offered is a very important part of Colorado’s the numbers coming in and the impact by the gentleman from Minnesota (Mr. economy, and that is another reason to that that has on the Rocky Mountain VENTO) will be postponed. keep the park in the program, which Park and on many things that we are The point of no quorum is considered my amendment would do. trying to protect. withdrawn. Let me be clear, Mr. Chairman. Adop- When I was in the committee, Mr. AMENDMENT NO. 5 OFFERED BY MR. UDALL OF tion of my amendment will not make Chairman, and we were debating this COLORADO this a good bill. Even if this amend- bill, it was a very interesting situation Mr. UDALL of Colorado. Mr. Chair- ment is adopted, that alone will not be that occurred, in that in the State of man, I offer an amendment. sufficient for me to be able to support Wyoming there was an attempt on the The CHAIRMAN pro tempore. The the bill. But this amendment will pro- part of some people in the State of Wy- Clerk will designate the amendment. tect Colorado from some of the worst oming to develop some mining adja- The text of the amendment is as fol- consequences of the bill, and to that cent to Yellowstone National Park, lows: extent I think it is very, very impor- and all the processes were underway. Amendment No. 5 offered by Mr. UDALL of tant. The environmental impact statements Colorado: Accordingly, I urge adoption of the had been ordered and were underway. Page 9, line 6, after ‘‘in the United States’’ Udall amendment. We had spent years actually in the insert ‘‘(other than an area within the State Mr. YOUNG of Alaska. Mr. Chair- process of identifying the problems and of Colorado)’’ man, I rise in opposition to the amend- trying to come to a solution as to Mr. UDALL of Colorado. Mr. Chair- ment. whether or not it was appropriate to man, this is a very simple amendment. These Biosphere Reserves were des- let this mine go forward. All of a sud- It would exempt all the Biosphere Re- ignated without congressional author- den, within I think it was a short pe- serves in Colorado from the provisions ization and without consulting the riod of time, a week or less, that we of the bill that would end the partici- public or State and local governments. were going to actually get the final go- pation of U.S. sites in the Man and the This amendment invades the responsi- ahead on this project in Wyoming, the Biosphere program unless we pass and bility, again, of the Congress under Ar- head of the Park Service stepped in and the President signs a new law to con- ticle IV, section 3 of the Constitution, called upon the United Nations to come tinue their participation. making all laws concerning disposal or out to this particular area and give it As I noted in general debate, cur- regulation of lands belonging to the a designation that would, in fact, pro- rently there are two of these reserves United States with Congress. hibit any future development. And in Colorado, the Niwot Ridge Research Under H.R. 883, existing Biosphere when that happened, the administra- Area and Rocky Mountain National Reserves would have until December tion intervened and everything Park. They include lands within the 31, 2003, to get authorization. They are stopped. Second Congressional District which I not automatically disenfranchised. If Now, this is the kind of thing I am represent. the Colorado Biosphere Reserve had concerned about in the State of Colo- Mr. Chairman, these areas are not in- the strong local support claimed by the rado, and this is why I certainly oppose volved in some conspiracy. They are gentleman that offered the amend- the amendment of the gentleman that not part of any sinister foreign plot to ment, then there would be no problem would exempt Colorado from the pro- undermine our Constitution or our way of getting the passage of this legisla- tection provided by this particular bill. of life. On the contrary, they are places tion in this Congress. We need this protection just as much where good things are taking place. If I am still chairman of that com- as any other State in the Nation be- In the Niwot Ridge area, scientists mittee, I will commit to the gentleman cause the same thing could happen in associated with the University of Colo- that I will support it if his people want Colorado. H3418 CONGRESSIONAL RECORD — HOUSE May 20, 1999 We think we know about how to pre- it worked. They did not designate that b 1245 serve and protect the land that we have particular site. The CHAIRMAN pro tempore (Mr. under our control in the State of Colo- With regards to Yellowstone, I think BASS). The time of the gentleman from rado and with the Department of Parks it is important to recognize, and the Minnesota (Mr. VENTO) has expired. and Recreation. We do not need the gentleman from Colorado, our friend (By unanimous consent, Mr. VENTO United Nations to tell us how to man- and colleague, brought up the issue of was allowed to proceed for 1 additional age that land. We do not need the im- Yellowstone again, as did our colleague minute.) primatur of the United Nations on from Wyoming (Mrs. CUBIN), that in Rocky Mountain Park in order to en- fact it was designated a World Heritage Mr. VENTO. Mr. Chairman, I of courage tourism to Colorado. We can Site long throughout the process of the course rose in support of the amend- do it without them. mine evaluation, EIS. ment. But I use this as an indication of In fact, oftentimes, as in the case I What happened is that the committee what is generally wrong with the en- just stated, this United Nations des- decided that if that mine was going to tire thought process and what is going ignation becomes much more problem- go in, it became a Heritage Site at on with this particular legislation. I do atic from the standpoint of the proper risk, endangered type of site. And of not think it is repairable by this regulation of the land within any course the committee can make that amendment or others that might be of- State, in this case Colorado. declaration. It had absolutely no effect fered. It is a flawed bill. These discus- So I certainly rise to oppose the on the decision that was made, other sions and debates ought to be going on amendment of the gentleman from the than it might have persuaded the Park in subcommittee rather than the sort Second Congressional District. Service or others to pay a little closer of exaggerated statements that we had. Mr. VENTO. Mr. Chairman, I rise in attention. Unfortunately, they did not. So we are support of the amendment. I mean, we cannot take away free on the floor. I would think that there Mr. Chairman, at the risk of getting speech in this process. We cannot take would be more important business that involved in this Colorado feud, obvi- away free thought in terms of what is could and should be considered by this ously this does not improve the bill going to happen. We cannot do that Congress on this floor. enough, but I think it is a modest step, with legislation here. In fact, we as a Mr. Chairman, I support this amend- and I want to support the gentleman Nation enshrine the concept of free de- ment. from Colorado (Mr. UDALL) whenever I bate and free thought with regard to Mr. SWEENEY. Mr. Chairman, I get a chance, Mr. Chairman. these issues. And it is as if this legisla- move to strike the requisite number of The fact is that most of the land des- tion is trying to reach out and prevent words, and I yield to the gentleman ignations, I would suggest to my col- somebody from making a judgment from Colorado (Mr. TANCREDO). league from Colorado, whether it is about the U.S. and how we manage our Mr. TANCREDO. Mr. Chairman, I Park Service Organic Act or the lands. We cannot do that. just would conclude with a comment, a Frasier Experimental Station or the For instance, if somebody is misman- quote actually from Jeane Kirkpatrick others, inherent in them, in these des- aging lands in other areas, we obvi- that I think encompasses everything ignations of wilderness, is the concept ously are going to speak about it, we have tried to establish here on our of doing scientific research. I mean, whether it is Amazonia and/or other side about our concerns with regard to that is what the Organic Act has, that parts of the world, other rain forests. this amendment in particular and to is what the Wilderness Act of 1964 has So we are going to speak out about it. Mr. UDALL of Colorado. Mr. Chair- the concerns of our opponents to this in it. That is one of the purposes. bill in general: And so, insofar as the Man and the man, will the gentleman yield? If American citizens have an interest in Biosphere program that my colleague Mr. VENTO. I yield to the gentleman from Colorado. the conservation of a particular area, that was alluding to, and I guess I saw four Mr. UDALL of Colorado. Mr. Chair- decision should be made by Congress, the sites that were affected by that. My man, I thank the gentleman from Min- body designated responsibility by the Con- colleague said there were two. The gen- nesota for yielding. stitution for making these decisions in full tleman had earlier said there were six. I just wanted to make a couple other view of the American public. And if each de- I found four. So there are some sites in cision requires consideration of costs and comments in response to the points benefit to the property rights of individual Colorado that may not be well under- that my colleague from Colorado made, stood where they are. But one is the voters affected, so be it. UNESCO commit- as well as my colleague from Min- tees are not competent to address the com- Frasier Experimental Station, as my nesota. plex private property and public interest colleague probably has noticed. An- It seems, as I hear this debate today, issues presented here. other was the Rocky Mountain Na- all roads lead to the New World Mine. Mr. VENTO. Mr. Chairman, will the tional Park, a wonderful area. We keep coming back to that par- gentleman yield? Now, I suppose the problem of get- ticular situation. And I think there is ting people in and out, that that was Mr. SWEENEY. I yield to the gen- a continued debate about what hap- tleman from Minnesota. such a big problem, I think that is a pened there, and we ought to continue Mr. VENTO. I appreciate the quotes good problem in terms of Rocky Moun- to figure out ways in the long run to from the former U.N. representative tain. And I hope we can solve some of mitigate those kind of situations when Jeane Kirkpatrick. Seven World Herit- the transportation problems that exist we have a big mining project on the age sites were designated while she was around those parks, but I would not edge of a national park that is so im- in that role. So apparently, as with Mr. suggest that to solve that we take portant to us, the Yellowstone Na- Hodel, he has now since then, being away the designation of the park, and tional Park. I am sure my colleagues from Colorado But I am offering my amendment in strongly in support of them in the 1980s would not suggest that, either. the spirit of let us not let that conflict when they were in control or in power, In any case, that was the purpose. and that situation affect what is going now have found reason to oppose these The purpose of this is, and just as a on in Colorado. There are important re- sites. But I think actions speak louder way of using this amendment to point search projects occurring at Niwot than words. I thank the gentleman out, that most of the laws that are ap- Ridge and occurring in Rocky Moun- from New York for yielding. plicable that are engaged in the agree- tain National Park. I do not see what The CHAIRMAN pro tempore. The ments we have are already in place. We the problem is that we are fixing in question is on the amendment offered already passed judgment on these Colorado. In fact, I think we are cre- by the gentleman from Colorado (Mr. issues. We did it once. ating a problem by doing this. UDALL). Now, some of my colleagues may So I urge adoption of my amendment. The question was taken; and the want to do it again. Some may have Let us not hurt Colorado and some of Chairman pro tempore announced that objections. Obviously, we continue to the other States that are involved in the noes appeared to have it. hear about the Ozarks issue, a large these projects, this important Man and Mr. UDALL of Colorado. Mr. Chair- area that was proposed as a biosphere. the Biosphere project, because of what man, I demand a recorded vote, and But in that case, whatever system was happened in one case in Yellowstone pending that, I make the point of order in place, however cumbersome it was, National Park. that a quorum is not present. May 20, 1999 CONGRESSIONAL RECORD — HOUSE H3419 The CHAIRMAN pro tempore. Pursu- imacy and need for these agreements. Mr. Chairman, I urge my colleagues ant to House Resolution 180, further But many of these international agree- to support my amendment and support proceedings on the amendment offered ments were established without local this important bill. by the gentleman from Colorado (Mr. input and certainly without congres- Mr. Chairman, I am pleased to take this op- UDALL) will be postponed. sional input or approval. This is not portunity to speak today in support of this im- The point of no quorum is considered government of the people, for the peo- portant legislation, H.R. 883Ðthe American withdrawn. ple, by the people, it is detached inter- Land Sovereignty Protection Act. AMENDMENT NO. 4 OFFERED BY MR. SWEENEY nationalism in the eyes of many. Most My district in upstate New York has one of Mr. SWEENEY. Mr. Chairman, I offer U.N. designations, including the ones the largest U.N. Biosphere Reserves in the an amendment. in my district, encompass privately United States, thus I have a direct interest in The CHAIRMAN pro tempore. The held lands, not just public lands. H.R. 883 and strongly support its passage. Clerk will designate the amendment. Most of all, there have been instances H.R. 883 clearly addresses the concerns The text of the amendment is as fol- where no communication with local of- many of us have had with the U.N. Biosphere lows: ficials and community residents took Reserve and World Heritage Sites programs. As we know, the U.N. Biosphere Reserve Amendment No. 4 offered by Mr. SWEENEY: place about the effects of designating Page 9, line 16, after ‘‘management plan’’ these lands. These are the people that program has been operating with essentially insert the following: ‘‘that specifically en- it affects the most. These are the peo- no public or congressional oversight for the sures that the designation does not affect ple in most instances who have rightful past 25 years. And without such oversight State or local government revenue, includ- ownership of the property that is being often, no one is accountable. ing revenue for public education programs, affected, who define their freedom in These designations can have a marked im- and’’. fact by virtue of that ability to own pact on the properties in and around the bio- (Mr. SWEENEY asked and was given these lands. The current process of se- sphere region, yet, in most cases, neither local permission to revise and extend his re- lecting U.N. Biosphere Reserves with government nor property owners are ever con- marks.) no recourse for those local residents sulted regarding the designation or site con- Mr. SWEENEY. Mr. Chairman, I and their elected officials affected sideration. want to thank the gentleman from must end. As an example, in my congressional district, Alaska (Mr. YOUNG) for affording me In the 22nd Congressional District of the Champlain-Adirondack Biosphere Reserve the opportunity at rather a late mo- New York, which I represent, there is was created in 1989 at the request of a quasi- ment to introduce my amendment. My now one of the largest U.S. Biosphere governmental agencyÐthe Adirondack Park good friend the gentleman from Colo- Reserves housed in the Adirondack Agency. rado (Mr. UDALL) just said that all Mountains. The private landowners and This was done without hearings or formal roads in this bill and this debate and townships in the Adirondacks had no input from local citizens of the Adirondacks; this discussion seem to lead to the New idea that the Adirondack Park Agency, thus the residents were left feeling helpless World Mine. The reason I am happy I a quasi-State agency, quietly approved and in the reality had no impact upon it. The am able to introduce my amendment is the U.N. biosphere designation and result was a very bitter feeling and rightfully so because I think it will serve a number residents were helpless to impact on over an unwanted imposition on private land- of purposes. But one point that can de- that, to stop it, to comment on it. In owners. finitively be made is that that is not fact, that designated area encompasses Given negative effect on property values, true, that all roads are not leading in 7 million acres of privately held land. and compounded by the cavalier attitudes of this matter to the New World Mine, It encompasses territories outside the those handing down designations and the bla- that it has impact on the individuals, purview and jurisdiction of the Adiron- tant disregard for local authority, I would sub- of people throughout this Nation and dack Park Agency. Yet it has become mit that with congressional oversight and pub- in particular in my district. part of that designated area. lic input, many of these U.N. sites would not We have heard eloquent debate on Let me tell my colleagues from expe- have been approved in their current form. both sides of the issue, speakers who rience, the U.N. biosphere is an un- The American Land Sovereignty Protection have spoken of the need for greater wanted cloud now that hangs over a Act unequivocally states that no land in this local input and greater input from indi- good part of the Adirondack region. My country can be included in international land viduals, and those who have said or congressional district is one with the use programs without the clear and direct ap- who have perceived that these issues greatest interest in seeing that this proval of Congress. involve just the use of public lands. practice is reined in, that the input and H.R. 883 is a first step in the right direction That is not true at all. My amendment the voice of the local individual be in returning power to the local citizens as well expands the existing provisions of H.R. heard. It is unfair that my constituents as the elected Representatives in Congress. 883 by requiring the Secretary of Inte- are not included in any discussions Most importantly, this bill reasserts the con- rior as part of the management plan to that directly affect them and that I as stitutional rights of property owners to make also ensure that the biosphere designa- their representative in Congress have property decisions, within local zoning author- tion does not affect the revenue of practically no avenue to express their ity, without interference from the United Na- State and local governments, including concerns. tions whose mandate does not necessarily in- and probably most importantly the The Secretary of Interior must be re- clude concern for our town halls, school revenue for public education programs. quired to make the case of U.N. des- houses, or individual property owners in any Mr. Chairman, as we have heard, the ignation to State and local govern- given area. manner in which international land use ments as well as this Congress and our What recourse do affected landowners have agreements have been carried out can Federal bureaucracies should be held against the United Nations bureaucracy? Absolutely none. tend at times to infringe on the au- accountable to this Congress for any of This bill changes that. I urge your support. thority of our local municipalities and the effects that international agree- Mr. VENTO. Mr. Chairman, I move to individuals. My amendment would help ments will cause. It is imperative that strike the last word. protect State and local governments we protect the rights of our private Mr. Chairman, the gentleman from from experiencing a decrease in real property owners and the legitimate in- New York spoke of 7,000 acres of land property values. As those in many terests of local governments and their that apparently falls under a biosphere, struggling local townships and coun- citizens. This bill accomplishes those some other impact. ties in upstate New York which I rep- objectives and my amendment I believe Mr. SWEENEY. If the gentleman will resent know all too well, depressed strengthens it by elevating the inter- yield, seven million acres. property values serve to depress prop- ests of State and local governments Mr. VENTO. Seven million acres. erty tax revenues, the major source for and the effects of U.N. designations on Mr. SWEENEY. In the Adirondack education funding in this country. their ability to collect revenue. It is region of New York State that are pri- Today, there are 47 U.N. Biosphere Re- important to the private property own- vately owned. serves and 20 World Heritage Sites and ers, it is important to the citizens of Mr. VENTO. I appreciate that and am there is not an argument on this side of those regions, it is important to public happy to yield to the gentleman brief- the aisle that there is not some legit- education in those areas. ly. H3420 CONGRESSIONAL RECORD — HOUSE May 20, 1999 Did the gentleman have any instance football. I would have long ago blown The CHAIRMAN pro tempore. A where there was some problem that the whistle. This is what the amend- point of order is reserved. arose out of that designation with re- ment has. I understand that the gen- Mr. YOUNG of Alaska. Mr. Chair- gards to private property owners? tleman may not have had that inten- man, it is my intent to offer this Mr. SWEENEY. There have been a tion. But we are not going on the basis amendment, which I have just done, I number of instances where private of intention. We are going on what is do think it is germane, to try to im- property owners in the use of their written in the law. prove the amendment of Mr. SWEENEY, property, in the valuation of their Mr. SWEENEY. If the gentleman will which I do believe his amendment is property and their ability to develop yield further, this is not an issue of clear, but the gentleman from Min- and cultivate that property have been remedies, it is an issue of notice. I nesota has raised a question. I want to infringed upon based upon the designa- think it is fundamental in the proposal make sure that this now is perfectly tion. I think the gentleman misses the that any U.N. Biosphere area be des- clear, for adverse effect only. point, that the most predominant frus- ignated, that this Congress and the in- b tration that those constituents of mine dividuals and the constituents in that 1300 have—— area affected have the right to know of Mr. Chairman, I urge support of the Mr. VENTO. Just reclaiming my the effect of that designation. amendment. time for a minute, we have been My amendment simply calls for the Mr. VENTO. Mr. Chairman, I with- through this with others that have providing of that notice. It says noth- draw my point of order. claimed that but we have yet to sub- ing to the effect of imposing any sanc- The CHAIRMAN pro tempore (Mr. stantiate any of those types of claims. tion or remedy. BASS). The question is on the amend- So if the gentleman could help substan- Mr. VENTO. Reclaiming my time, if ment offered by the gentleman from tiate that, I think it would go a long the gentleman will look at his amend- Alaska (Mr. YOUNG) to the amendment way towards solving a problem. Be- ment again. It says that specifically offered by the gentleman from New cause right now the way the bill ensures, the plan has to ensure that the York (Mr. SWEENEY). stands, I think it is purporting to solve designation does not affect State or The amendment to the amendment problems, in my judgment, that do not local government revenue, including was agreed to. exist. On the amendment that the gen- revenue for public. So it does not affect The CHAIRMAN pro tempore. The tleman has, he suggests to insert after it. What does he mean by does not af- question is on the amendment offered ‘‘management plan’’ on line 16, and it fect it? He means it goes up or down, by the gentleman from New York (Mr. is amendment No. 4, I believe; is that does he not? What happens to revenue? SWEENEY), as amended. correct? Mr. SWEENEY. If the gentleman will The question was taken; and the Mr. SWEENEY. The gentleman is yield, it requires the Secretary of Inte- Chairman pro tempore announced that correct. rior to report back to Congress of the the ayes appeared to have it. Mr. VENTO. The gentleman says that cost effects, the property tax in par- Mr. YOUNG of Alaska. Mr. Chair- after ‘‘management plan,’’ he wants to ticular, effects on any of those affected man, I demand a recorded vote. put in language that specifically en- individual properties. The CHAIRMAN pro tempore. Pursu- sures, and I am quoting from the gen- Mr. VENTO. What if the values go up ant to House Resolution 180, further tleman’s amendment, ‘‘that specifi- as a result of this designation? proceedings on the amendment offered Mr. SWEENEY. That should cer- cally ensures that the designation does by the gentleman from New York (Mr. tainly be part of the debate that we not affect State or local government SWEENEY), as amended, will be post- have at that time on any of those des- revenue, including revenue for public poned. education programs, and.’’ ignations. Mr. VENTO. It would be invalidated Mr. GEORGE MILLER of California. What if the revenue increases? What Mr. Chairman, I move to strike the last if it decreases? According to this based on that. I just think it is an word. amendment, you would have to dem- inartfully drawn amendment. As I said, Mr. Chairman, I rise in opposition to onstrate that you would have a static I think the amendment just represents this legislation and in support of the situation, that there would be no in- piling on. For that reason, I do not in- Vento and the Udall amendments that crease and no decrease in revenue. tend to support it. I think it is not well have been offered and against the That is the effect of the gentleman’s drawn, and I wanted to point out the Sweeney amendment that has been of- amendment. Is the gentleman aware of effect of that. I think the test here in fered in the committee today. the effect of his amendment? this bill would make it nearly impos- Mr. SWEENEY. If the gentleman will sible to have this voluntary scientific First and foremost, let me say that I yield further, that is not the effect at cooperation in the process. I do not think this is a very unfortunate piece all. I think the effect is one that is a know the purpose of this. This amend- of legislation. It plays into some con- basic premise of citizenship, and that is ment obviously is not drawn well. But spiracy theories that somehow, when the right of citizens to know the im- unfortunately under the rule that the we receive the honor of the designation pact that their government or any gentleman perhaps voted for, I did not, of World Heritage area or the Bio- other entity might have on their par- we had to preprint everything in the sphere Reserve Program or were part of ticular property. RECORD ahead of time and we are all the Ramsar Convention on Wetlands, Mr. VENTO. Reclaiming my time, it limited in time here. You do not really that somehow this is land use planning is not just a question of knowing this. have the right to perfect your amend- by the United Nations. Nothing could It is this is one of the requirements. It ment or correct these types of prob- be further from the truth. says that ‘‘any designation under this lems, another little issue the gen- Mr. Chairman, there is nothing in law, the Man and Biosphere Program, tleman ought to take up with the Com- these designations that changes any shall not have, and shall not be given, mittee on Rules under a so-called open Federal, State, local laws or regula- any force or effect,’’ and then you are rule. tions pertaining to these lands or changes the manner in which private putting down, ‘‘that specifically en- AMENDMENT OFFERED BY MR. YOUNG OF ALAS- sures that the designation does not af- KA TO AMENDMENT NO. 4 OFFERED BY MR. property owners can use their lands, fect State or local government rev- SWEENEY but what it does do is it provides an enue, including revenue for public edu- Mr. YOUNG of Alaska. Mr. Chair- honor for some of the great natural as- cation programs.’’ man, I offer an amendment to the sets of the United States and some of So it can have no effect, no effect amendment. the great historical assets of the going up, no effect going down. That is The Clerk read as follows: United States that leads to increased what it says. That would completely Amendment offered by Mr. Young of Alas- tourism, improved economics, and rec- vitiate the ability to, and this is al- ka to amendment No. 4 offered by Mr. ognition of what this Nation has done most an impossible test in this bill in Sweeney: Insert ‘‘adversely’’ before ‘‘affect’’. in setting aside some of the great na- any case. Mr. VENTO. Mr. Chairman, I reserve tional parks and public spaces in the So I might say, I do not know, this is a point of order against the amend- entire world, and I think we ought to sort of what I would call piling on in ment. welcome that kind of designation. May 20, 1999 CONGRESSIONAL RECORD — HOUSE H3421 I also want to say that it is very battle, and I think we are winning it American people point to their na- clear when we consider the Vento and we should win it. tional park system, it is with great amendment that much more harm has Mr. Chairman, the problem in our pride that the American people know been done to public lands and done to country is not with the designation and that the Statue of Liberty stands in private lands because of the acquisition the parks that are embraced by our New York Harbor and sends a beacon to of these lands by foreign entities that people. They are, in fact, among the the world about the tenets and the val- then come in here and take the re- most popular and the most strongly ues of this Nation, and it is a great sources from those lands, whether it is supported by the public. The parks pride that those assets, the Grand Can- mining or whether it is timber or graz- really represent what is right with our yon, the Everglades, the Statue of Lib- ing or other proposals like this, where country. It is one of the best ideas we erty and others, when the rest of the then we end up spending hundreds of have ever had. And it is not, Mr. Chair- world honors, honors the decision that millions if not billions of taxpayers’ man, I might say, the scientists that people in this country made about set- dollars cleaning up after these entities, are doing research on natural resources ting aside those public lands for public making up for erosion, making up for that are at risk. These are not the use, and it is a great honor that the the destruction and the deterioration problems in terms of our public lands millions of Americans choose to visit of those natural assets. and in our communities, in terms of those parks each year to enjoy them, That is why I think that the Vento scientific research that is being done in to participate in them, to learn from amendment is very, very important for these parks or in these areas. That is them. But it is also a task of this Con- its adoption today because we should not a problem, but this bill purports to gress and of the world community to not just have a willy-nilly process solve that problem. It solves the prob- make sure that we learn more about where people come in, buy these assets, lem of the designation of our parks, those parks that we are able to main- exploit the resource and then leave it recognition of our parks. It tries to tain. to the American citizens to pick up the solve the problem of scientific re- The CHAIRMAN pro tempore. The cost of their bad policies, their bad search, to strip away the ability to do time of the gentleman from California management and mistakes in the use collaborative research. That is what (Mr. GEORGE MILLER) has expired. of those lands and those resources. the essence of these treaties and agree- (By unanimous consent, Mr. GEORGE So I would hope that Members would ments exist. MILLER of California was allowed to vote against this bill on passage, and I The CHAIRMAN pro tempore. The proceed for 2 additional minutes.) would hope that they would support time of the gentleman from California Mr. GEORGE MILLER of California. the Udall and the Vento amendments, Mr. Chairman, we are able to maintain (Mr. GEORGE MILLER) has expired. and protect those parks, and this Con- and I want to thank the gentleman (On request of Mr. VENTO, and by ENTO gress has a rather checkered past on from Minnesota (Mr. V ) very much unanimous consent, Mr. GEORGE MIL- for his managing this bill on the floor that. But if we put it to the American LER of California was allowed to pro- today, and his involvement in this ceed for 2 additional minutes.) people, they would vote to spend bil- issue over the last several years in try- Mr. VENTO. Mr. Chairman, will the lions of dollars to maintain and protect ing to put this argument into perspec- gentleman yield? the great parks of this Nation. It is an honor to this Nation that tive and show how foolish it is and how Mr. GEORGE MILLER of California. people come from all over the world to much it is based upon fallacy and mis- I yield to the gentleman from Min- visit these parks, that nations come to representation of facts. nesota. Also, I think he said something in Mr. VENTO. So it is not the sci- us and send their representatives here to learn how to do the same thing in the Committee on Rules the other day entists that are doing research that are Asia and Africa and Europe, all over. that is very important, that success the problem, and in fact we can on a All over the world people want to emu- with this legislation is really about the global basis cooperate and encourage late what Theodore Roosevelt started first step in removing the designations other nations to work with them and from our great wilderness areas, from and what we have protected on a bipar- do the type of scientific research that our parks areas, from our national tisan basis. is necessary. We can study all we want monuments, because the same people Now we have a group of people who within the United States, but we have who support this legislation in fact op- decided that they are going to roll that got 1,900 other sites around the world pose the designation and the protection back, they are going to take away that that this permits us to study in, and and the acquisition of these great lands designation, they are going to remove other sites that it permits us to recog- for the use of the people of the United this honor from the American people. nize as natural or cultural. States, for all of the people of the The pride of this Nation, the beacon we So this is an assault on parks. It is United States. As much as those people send to the rest of the world; they now an assault on research. That is really support it, we have a small group of have decided that they want to remove what it purports. The problems here people in the Congress and in this this honor and start that process of are the mines, they are the clear cuts, country who insist that somehow these denigrating these most valuable and they are the destruction of rain forests, lands really do not belong in the public cherished public lands in our Nation. the burning of rain forests. They are domain in spite of the fact that mil- The pride of our Nation as we send out lions of Americans will pick up their the uncontrolled types of mining that messages to the world about conserva- families, their children, and they will goes on in other nations. That is where tion, about the protection of public travel across this country to visit the the problems exist largely, and we lands, about the values of this country. Statue of Liberty, to visit Liberty ought to be coming to grips with those: This legislation is absolutely looney, Hall, to visit the Grand Tetons, the the drift nets in the oceans, the de- it is absolutely looney. It is based in Grand Canyon, Bryce, Yosemite and so struction of the biosphere. some unknown conspiracy, unsubstan- many other great monuments and Unfortunately, Mr. Chairman, the tiated, based upon the fact that some great natural assets in the national first efforts, the first timid efforts of people believe that day in and day out park systems of this country. this Nation and of this global commu- they see black helicopters swooping in There is still a few in this Congress nity to try to deal even with the rec- to protect the national parks of the who want to believe that we should roll ognition of parks in a honorific way United States. back designations. This legislation is and the research of scientists, this bill No, Mr. Chairman, that is not how it the first step in that process, and this attacks. I think it is a misunderstood is done in this country, it will never be Congress ought to reject that effort. bill, I think it is a bad bill, I think it done that way in this country, and this Mr. VENTO. Mr. Chairman, will the is bad policy, and I hope the Congress legislation should not try to validate gentleman yield? will reject this, the House will reject those kinds of crazy conspiracy theo- Mr. GEORGE MILLER of California. this, today. ries. I yield to the gentleman from Min- Mr. GEORGE MILLER of California. The CHAIRMAN pro tempore. Are nesota. Mr. Chairman, I thank the gentleman, there further amendments to the bill? Mr. VENTO. Mr. Chairman, I appre- and let me just say, as my colleagues Mr. YOUNG of Alaska. Mr. Chair- ciate the gentleman’s support in this know, it is with great pride that the man, I move to strike the last word. H3422 CONGRESSIONAL RECORD — HOUSE May 20, 1999 Mr. Chairman, I have just heard one under review. Thus it would appear pre- LEGISLATIVE RESOLVE NO. 13 of the greatest presentations of looney mature to reach any conclusions at this Be it resolved by the Legislature of the tunes I have ever heard. Very frankly, time. State of Alaska: this is nothing to do with the parks. With respect to the List of World Heritage Whereas the United Nations has designated in Danger, there are no specific criteria. The 67 sites in the United States as ‘‘World Herit- We do not invade the parks, we do not Committee has the authority to place a site invade any of the other areas. We are age Sites’’ or ‘‘Biosphere Reserves,’’ which on the List of World Heritage in Danger altogether are about equal in size to the trying to reestablish the congressional when it is of the view that the World Herit- State of Colorado, the eighth largest state; activity in designating land and not age values for which the site was inscribed and letting the U.N. are seriously threatened. Whereas art. IV, sec. 3, United States Con- I have to remind people the U.N. or- The procedure for listing normally in- stitution, provides that the United States ganizations are not accountable. U.N. volves a monitoring report by the World Congress shall make all needed regulations bureaucrats are far removed from the Conservation Union (IUCN), in consultation governing lands belonging to the United with the State Party and the management States; and American voters, and remember, many authority responsible for the site. IUCN re- of the U.N. delegates that make these Whereas many of the United Nations’ des- ports to the Bureau of the World Heritage ignations include private property decisions do not believe in privately- Committee which meets in July and the Bu- inholdings and contemplate ‘‘buffer zones’’ of held property. Their countries are reau makes a recommendation to the Com- adjacent land; and owned by dictators or owned by gov- mittee, which usually meets in December of Whereas some international land designa- ernments that do not have private each year. tions such as those under the United States property, and when they make deci- While we have taken note that the con- Biosphere Reserve Program and the Man and sions, the United States, under our servative organizations have requested that Biosphere Program of the United Nations Constitution affecting private property the World Heritage Secretariat involve itself Scientific, Educational, and Culture Organi- in the EIS process, we simply are not staffed rights, that is wrong. zation operate under independent national to do so. We would, however, be pleased to committees such as the United States Na- All my bill does is have the Congress address these organizations on any aspects of tional Man and Biosphere Committee that get back involved in the designation of the operation of the World Heritage Conven- have no legislative directives or authoriza- lands. If they are so heavily supported, tion. We could also request IUCN as our tion from the Congress; and those outside the parks, then I suggest technical advisors, to review the Environ- Whereas these international designations respectfully they will be easily passed mental Impact Statement. We are confident as presently handled are an open invitation in this Congress. It does not affect any that as the State Party responsible for the to the international community to interfere of the parks or any of the reference implementation of the Convention the essen- in domestic economies and land use deci- tial professional skills are available to you. here or any of the Heritage Sites such sions; and It is important to note that Article 1 of the Whereas local citizens and public officials as the Statue of Liberty. My bill does World Heritage Convention obliges the State concerned about job creation and resource not affect that. All we do is put the Party to protect, conserve, present and based economies usually have no say in the committee, this Congress, back into transmit to future generations World Herit- designation of land near their homes for in- the process of designating the lands. age sites for which they are responsible. This clusion in an international land use pro- UNESCO, obligation extends beyond the boundary of gram; and Paris, France, March 6, 1995. the site and Article 5 (A) recommends that Whereas former Assistant Secretary of the Hon. GEORGE T. FRAMPTON, Jr., State Parties integrate the protection of Interior George T. Frampton, Jr., and the Assistant Secretary for Fish & Wildlife & Parks, sites into comprehensive planning pro- President used the fact that Yellowstone Na- U.S. Department of the Interior, Office of grammes. Thus, if proposed developments tional Park had been designated as a ‘‘World the Secretary, Washington, DC, USA. will damage the integrity of Yellowstone Na- Heritage Site’’ as justification for inter- DEAR MR. FRAMPTON: I am writing to you tional Park, the State Party has a responsi- vening in the environmental impact state- with respect to a letter from a group of bility to act beyond the National Park ment process and blocking possible develop- North American conservation organizations, boundary. ment of an underground mine on private addressed to Dr. Adul Wichiencharoen, Examples of the need to act beyond park land in Montana outside of the park; and Chairman of the World Heritage Committee, boundaries are found at the Everglades Na- Whereas a recent designation of a portion and dated 28 February, 1995. The World Herit- tional Park, Glacier National Park and Gla- of Kamchatka as a ‘‘World Heritage Site’’ age Committee is the executive body of the cier Bay National Park, all World Heritage was followed immediately by efforts from en- Convention and is elected by its 140 States sites. In two of the sites the Government of vironmental groups to block investment in- Parties. I note that a copy of this letter was British Columbia acted to close major min- surance for development projects on sent to your office. The letter concerns the ing operations rather than risk possible dam- Kamchatka that are supported by the local possible listing of Yellowstone National age to downstream World Heritage values in communities; and Park on the List of World Heritage in Dan- both Canada and the United States. Whereas environmental groups and the na- ger. Clearly if there are threats to World Herit- tional Park Service have been working to es- The World Heritage Committee had been age values the State Party has a responsi- tablish an International Park, a World Herit- made aware of some of these concerns in a bility to act. If enabling legislation is not age Site, and a Marine Biosphere Reserve brief report by the United States Delegate to adequate, new legislation should be consid- covering parts of western Akaska, eastern the July 1993 meeting of the World Heritage ered, as was the case in Australia with re- Russia, and the Bering Sea; and Bureau. spect to the Tasmanian Wilderness World Whereas as occurred in Montana, such des- The fourteen organizations signing this Heritage site. ignations could be used to block develop- letter are as you know among the most pres- The World Heritage Committee has the au- ment projects on state and private land in tigious and influential in the field of natural thority to act unilaterally in placing a site western Alaska; and resources conservation. We believe that the on the List of World Heritage in Danger. Whereas foreign companies and countries concerns they raise about the threats to Yel- However, in the past the Committee has could use such international designations in lowstone must be carefully examined and ad- demonstrated a clear desire to work in con- western Alaska to block economic develop- dressed. sort with the State Party. In this respect we ment that they perceive as competition; and Included with their letter was a briefing would appreciate receiving a comprehensive Whereas animal rights activists could use book containing copies of correspondence report on the situation in time for the meet- such international designations to generate from the Governor of Wyoming and Senator ing of the World Heritage Bureau to be held pressure to harass or block harvesting of ma- Baucus of Montana, each raises serious ques- in Paris in early July. Such a report would rine mammals by Alaska Natives; and tions about the potential damage to Yellow- enable the Committee to give serious consid- Whereas such international designations stone National Park, in particular from the eration to the listing of Yellowstone Na- could be used to harass or block any com- proposed mining operation. Similar letters tional Park on the List of World Heritage in mercial activity, including pipelines, rail- of concern are provided from professional ge- Danger, should such a decision be warranted, roads, and power transmission lines; and ologists, geomorphologists and hydrologists at its nineteenth session to be held in De- Whereas the President and the executive who have investigated the proposed mining cember 1995. branch of the United States have, by Execu- operation. This correspondence is sufficient The United States has an exemplary record tive Order and other agreements, imple- to raise considerable concern about the long- in support of and in accordance with the mented these designations without approval term sustainability of the World Heritage principles and requirements of the World by the Congress; and values of this World Heritage site. Heritage Convention. We look forward to Whereas the United States Department of From the report it appears that while a continuing this cooperation. Interior, in cooperation with the Federal draft Environmental Impact Statement has Yours sincerely, Interagency Panel for World Heritage, has been prepared, it did not resolve several BERND VON DROSTE, identified the Aleutian Island Unit of the major questions and many issues remain Director, World Heritage Centre. Alaska Maritime National Wildlife Refuge, May 20, 1999 CONGRESSIONAL RECORD — HOUSE H3423 Arctic National Wildlife Refuge, Cape in the United States Congress.’’ Legislative Jackson-Lee Millender- Saxton Krusenstern National Monument, Denali Na- Resolve No. 13. (TX) McDonald Schakowsky tional Park, Gates of the Arctic National Sincerely, Jefferson Miller, George Scott Johnson (CT) Minge Serrano Park, and Katmai National Park as likely to TONY KNOWLES, Johnson, E. B. Mink Sherman meet the criteria for future nomination as Governor. Jones (OH) Mollohan Shimkus World Heritage Sites; and The CHAIRMAN pro tempore. Are Kanjorski Moore Shows Whereas the Alaska State Legislature ob- Kaptur Moran (VA) Sisisky jects to the nomination or designation of there any further amendments to the Kasich Morella Skelton any World Heritage Sites or Biosphere Re- bill? Kelly Murtha Slaughter serves in Alaska without the specific consent SEQUENTIAL VOTES POSTPONED IN COMMITTEE Kennedy Nadler Smith (NJ) Kildee Neal Smith (WA) of the Alaska State Legislature; and OF THE WHOLE Whereas actions by the President in apply- Kilpatrick Ney Snyder The CHAIRMAN pro tempore. Pursu- Kind (WI) Northup Spence ing international agreements to lands owned ant to House Resolution 180, pro- Kingston Oberstar Spratt by the United States may circumvent the ceedings will now resume on those Kleczka Obey Stabenow Congress; and Klink Olver Stearns Whereas Congressman Don Young intro- amendments on which further pro- Kucinich Ortiz Stenholm duced House Resolution No. 901 in the 105th ceedings were postponed in the fol- LaFalce Owens Strickland Congress entitled the ‘‘American Land Sov- lowing order: LaHood Pallone Stupak ereignty Protection Act of 1997’’ that re- Lampson Pascrell Sununu Amendment No. 9 offered by the gen- Lantos Pastor Tanner quired the explicit approval of the Congress tleman from Minnesota (Mr. VENTO), Larson Paul Tauscher prior to restricting any use of United States Amendment No. 5 offered by the gen- Leach Payne Taylor (MS) land under international agreements; and tleman from Colorado (Mr. UDALL), Lee Pease Thompson (MS) Whereas Congressman Don Young has re- Levin Pelosi Thurman introduced this legislation in the 106th Con- Amendment No. 4 offered by the gen- Lewis (GA) Peterson (MN) Tierney gress as House Resolution No. 883, which is tleman from New York (Mr. SWEENEY), Lipinski Phelps Traficant entitled the ‘‘American Land Sovereignty as amended. LoBiondo Pomeroy Turner Protection Act’’; Pursuant to House Resolution 180, Lofgren Porter Udall (CO) Be it resolved that the Alaska State Legis- Lowey Price (NC) Udall (NM) the Chair will reduce to 5 minutes the Lucas (KY) Pryce (OH) Upton lature supports House Resolution 883, the time for any electronic vote after the Luther Quinn Velazquez ‘‘American Land Sovereignty Protection first vote in this series. Maloney (CT) Rahall Vento Act,’’ that reaffirms the constitutional au- Maloney (NY) Ramstad Visclosky thority of the Congress as the elected rep- AMENDMENT NO. 9 OFFERED BY MR. VENTO Manzullo Rangel Walsh resentatives of the people over the federally The CHAIRMAN pro tempore. The Markey Regula Wamp owned land of the United States and urges pending business is the demand for a Martinez Reyes Waters the swift introduction and passage of such Mascara Rivers Watt (NC) recorded vote on the amendment of- Matsui Rodriguez Waxman act by the 106th Congress; and be it fered by the gentleman from Minnesota McCarthy (MO) Roemer Weiner Further resolved that the Alaska State (Mr. VENTO) on which further pro- McCarthy (NY) Rohrabacher Weldon (PA) Legislature objects to the nomination or des- McDermott Rothman Weller ignation of any sites in Alaska as World Her- ceedings were postponed and on which McGovern Roukema Wexler itage Sites or Biosphere Reserves without the ayes prevailed by voice vote. McIntyre Roybal-Allard Weygand the prior consent of the Alaska State Legis- The Clerk will redesignate the McKinney Royce Wise lature. amendment. McNulty Rush Woolsey Copies of this resolution shall be sent to Meehan Sabo Wu The Clerk redesignated the amend- Meek (FL) Sanchez Wynn the Honorable Bill Clinton, President of the ment. Meeks (NY) Sanders Young (FL) United States; Honorable Al Gore, Jr., Vice- Menendez Sandlin President of the United States and President RECORDED VOTE Metcalf Sawyer of the U.S. Senate; the Honorable Trent The CHAIRMAN pro tempore. A re- Lott, Majority Leader of the U.S. Senate; corded vote has been demanded. NOES—158 the Honorable J. Dennis Hastert, Speaker of A recorded vote was ordered. Aderholt Emerson McCrery Archer Everett McHugh the U.S. House of Representatives; and to the The vote was taken by electronic de- Honorable Ted Stevens and the Honorable Armey Fletcher McInnis vice, and there were—ayes 262, noes 158, Bachus Fossella McIntosh Frank Murkowski, U.S. Senators, and the not voting 13, as follows: Baker Fowler McKeon Honorable Don Young, U.S. Representative, Ballenger Gallegly Mica members of the Alaska delegation in Con- [Roll No. 141] Barcia Gekas Miller (FL) gress. AYES—262 Barrett (NE) Gibbons Miller, Gary Bartlett Gilchrest Moran (KS) STATE OF ALASKA, Abercrombie Clyburn Forbes Barton Gillmor Myrick OFFICE OF THE GOVERNOR, Ackerman Coble Ford Bateman Goodlatte Nethercutt Juneau, May 11, 1999. Allen Condit Frank (MA) Berry Goodling Norwood Andrews Conyers Hon. BRIAN PORTER, Franks (NJ) Biggert Goss Nussle Baird Cook Speaker of the House, Alaska State Legislature Frelinghuysen Bliley Graham Ose Baldacci Costello State Capitol, Juneau, AK. Frost Blunt Granger Oxley Baldwin Coyne DEAR SPEAKER PORTER: I am transmitting Ganske Boehner Green (WI) Packard Barr Cramer the engrossed and enrolled copies of the fol- Gejdenson Bonilla Hansen Peterson (PA) Barrett (WI) Crowley Gephardt Bono Hastings (WA) Petri lowing joint resolution, passed by the Twen- Bass Cummings Gilman Brady (TX) Hayes Pickering ty-first Alaska State Legislature, to the Becerra Cunningham Gonzalez Bryant Hayworth Pickett Lieutenant Governor’s Office for permanent Bentsen Danner Goode Burr Herger Pitts Bereuter Davis (FL) filing: CS for House Joint Resolution No. Gordon Burton Hilleary Pombo Berkley Davis (IL) 15(RES) ‘‘Relating to support for the ‘Amer- Green (TX) Buyer Hoekstra Portman Berman Deal ican Land Sovereignty Protection Act’ in Greenwood Callahan Hostettler Radanovich Bilirakis DeFazio the United States Congress.’’ Legislative Re- Gutierrez Calvert Hulshof Reynolds Bishop DeGette Gutknecht Canady Hutchinson Riley solve No. 13. Blagojevich Delahunt Hall (OH) Cannon Hyde Rogan Sincerely, Blumenauer DeLauro Hall (TX) Chabot Isakson Rogers TONY KNOWLES, Boehlert Dicks Hastings (FL) Chambliss Istook Ros-Lehtinen Bonior Dingell Governor. Chenoweth Jenkins Ryan (WI) Boswell Doggett Hefley STATE OF ALASKA, Coburn John Ryun (KS) Boucher Dooley Hill (IN) OFFICE OF THE GOVERNOR, Collins Johnson, Sam Sanford Boyd Doyle Hill (MT) Juneau, May 11, 1999. Combest Jones (NC) Scarborough Brady (PA) Duncan Hilliard Cooksey King (NY) Schaffer Hon. DRUE PEARCE, Brown (FL) Dunn Hinchey Cox Knollenberg Sensenbrenner President of the Senate, Alaska State Legisla- Brown (OH) Edwards Hinojosa Crane Kolbe Sessions ture, State Capitol, Juneau, AK. Camp Ehrlich Hobson Cubin Kuykendall Shadegg EAR RESIDENT EARCE Campbell Engel Hoeffel D P P : I am transmit- Davis (VA) Latham Shaw Capps English Holden ting the engrossed and enrolled copies of the DeLay LaTourette Shays Capuano Eshoo Holt following joint resolution, passed by the DeMint Lazio Sherwood Cardin Etheridge Hooley Twenty-first Alaska State Legislature, to Diaz-Balart Lewis (CA) Shuster Carson Evans Houghton Dickey Lewis (KY) Simpson the Lieutenant Governor’s Office for perma- Castle Ewing Hoyer Doolittle Linder Skeen nent filing: CS for House Joint Resolution Clay Farr Hunter Dreier Lucas (OK) Smith (MI) No. 15(RES) ‘‘Relating to support for the Clayton Fattah Inslee Ehlers McCollum Smith (TX) ‘American Land Sovereignty Protection Act’ Clement Filner Jackson (IL) H3424 CONGRESSIONAL RECORD — HOUSE May 20, 1999 Souder Thomas Watts (OK) Cardin John Pallone LaHood Pickering Smith (TX) Stump Thompson (CA) Weldon (FL) Carson Johnson, E. B. Pascrell Latham Pickett Smith (WA) Sweeney Thornberry Whitfield Castle Jones (OH) Pastor LaTourette Pitts Souder Talent Thune Wicker Clay Kanjorski Payne Lazio Pombo Spence Tancredo Tiahrt Wilson Clayton Kaptur Pelosi Lewis (CA) Portman Stearns Tauzin Toomey Wolf Clement Kennedy Phelps Lewis (KY) Pryce (OH) Stenholm Taylor (NC) Walden Young (AK) Clyburn Kildee Pomeroy Linder Quinn Stump Terry Watkins Conyers Kilpatrick Porter LoBiondo Radanovich Sununu Costello Kind (WI) Price (NC) Lucas (KY) Regula Sweeney NOT VOTING—13 Coyne Kleczka Rahall Lucas (OK) Reynolds Talent Bilbray Foley Salmon Crowley Klink Ramstad Manzullo Riley Tancredo Borski Horn Stark Cummings Kucinich Rangel McCollum Rogan Tauzin Brown (CA) Largent Towns Danner LaFalce Reyes McCrery Rogers Taylor (MS) Deutsch Moakley Davis (FL) Lampson Rivers McHugh Rohrabacher Taylor (NC) Dixon Napolitano Davis (IL) Lantos Rodriguez McInnis Ros-Lehtinen Terry DeFazio Larson Roemer McIntosh Royce Thomas DeGette Leach Rothman McIntyre Ryan (WI) Thune b 1334 Delahunt Lee Roukema McKeon Ryun (KS) Tiahrt DeLauro Levin Roybal-Allard Metcalf Sandlin Toomey Messrs. MCCOLLUM, BATEMAN, Deutsch Lewis (GA) Rush Mica Sanford Traficant DREIER, RYUN of Kansas, Mrs. Dicks Lipinski Sabo Miller (FL) Saxton Turner CUBIN, Mr. TAUZIN and Mr. BLUNT Dingell Lofgren Sanchez Miller, Gary Scarborough Upton changed their vote from ‘‘aye’’ to ‘‘no.’’ Doggett Lowey Sanders Moran (KS) Schaffer Walden Dooley Luther Sawyer Myrick Sensenbrenner Walsh Messrs. QUINN, HEFLEY, BOYD, Doyle Maloney (CT) Schakowsky Nethercutt Sessions Wamp HILL of Montana, BASS, SUNUNU, Engel Maloney (NY) Scott Ney Shadegg Waters LOBIONDO, WAMP, WELLER, HOB- Eshoo Markey Serrano Northup Shaw Watkins Etheridge Martinez Sherman Norwood Shays Watts (OK) SON, UPTON, CUNNINGHAM, Evans Mascara Sherwood Nussle Shimkus Weldon (FL) SHIMKUS, STEARNS, CAMP, COBLE Farr Matsui Slaughter Ose Shows Weldon (PA) and HUNTER, and Mrs. MORELLA Fattah McCarthy (MO) Snyder Oxley Shuster Weller changed their vote from ‘‘no’’ to ‘‘aye.’’ Filner McCarthy (NY) Spratt Packard Simpson Whitfield Ford McDermott Stabenow Paul Sisisky Wicker So the amendment was agreed to. Frank (MA) McGovern Strickland Pease Skeen Wilson The result of the vote was announced Frost McKinney Stupak Peterson (MN) Skelton Wolf as above recorded. Gejdenson McNulty Tanner Peterson (PA) Smith (MI) Young (AK) Gephardt Meehan Tauscher Petri Smith (NJ) Young (FL) Stated for: Gonzalez Meek (FL) Thompson (CA) Mr. BILBRAY. Mr. Chairman, on rollcall No. Gordon Meeks (NY) Thompson (MS) NOT VOTING—11 141, I was inadvertently detained. Had I been Green (TX) Menendez Thurman Brown (CA) Largent Stark present, I would have voted ``yes.'' Gutierrez Millender- Tierney Dixon Moakley Thornberry Hall (OH) McDonald Udall (CO) Foley Napolitano Towns Mr. DEUTSCH. Mr. Chairman, on rollcall Hastings (FL) Miller, George Udall (NM) Graham Salmon No. 141, the Vento amendment, I was un- Hill (IN) Minge Velazquez avoidably detained. Had I been present, I Hilliard Mink Vento Hinchey Mollohan Visclosky b 1344 would have voted ``yes.'' Hinojosa Moore Watt (NC) ANNOUNCEMENT BY THE CHAIRMAN PRO Hoeffel Moran (VA) Waxman Mr. MCINTYRE changed his vote TEMPORE Holden Morella Weiner from ‘‘aye’’ to ‘‘no.’’ Holt Murtha Wexler Mrs. MORELLA changed her vote The CHAIRMAN pro tempore (Mr. Hooley Nadler Weygand BASS). Pursuant to House Resolution Hoyer Neal Wise from ‘‘no’’ to ‘‘aye.’’ 180, the Chair announces that he will Inslee Oberstar Woolsey So the amendment was rejected. reduce to a minimum of 5 minutes the Jackson (IL) Obey Wu The result of the vote was announced Jackson-Lee Olver Wynn period of time within which a vote by (TX) Ortiz as above recorded. electronic device will be taken on each Jefferson Owens AMENDMENT NO. 4 OFFERED BY MR. SWEENEY, additional amendment on which the AS AMENDED NOES—231 Chair has postponed further pro- The CHAIRMAN pro tempore (Mr. Aderholt Coburn Gilman ceedings. ASS Archer Collins Goode B ). The pending business is the de- AMENDMENT NO. 5 OFFERED BY MR. UDALL OF Armey Combest Goodlatte mand for a recorded vote on the COLORADO Bachus Condit Goodling amendment offered by the gentleman The CHAIRMAN pro tempore. The Baker Cook Goss from New York (Mr. SWEENEY), as Ballenger Cooksey Granger pending business is the demand for a Barr Cox Green (WI) amended, on which further proceedings recorded vote on the amendment of- Barrett (NE) Cramer Greenwood were postponed and on which the ayes fered by the gentleman from Colorado Bartlett Crane Gutknecht prevailed by voice vote. (Mr. UDALL) on which further pro- Barton Cubin Hall (TX) Bass Cunningham Hansen The Clerk will redesignate the ceedings were postponed and on which Bateman Davis (VA) Hastings (WA) amendment. the noes prevailed by voice vote. Bereuter Deal Hayes The Clerk redesignated the amend- The Clerk will redesignate the Berry DeLay Hayworth ment. amendment. Biggert DeMint Hefley Bilbray Diaz-Balart Herger RECORDED VOTE The Clerk redesignated the amend- Bilirakis Dickey Hill (MT) The CHAIRMAN pro tempore. A re- ment. Bishop Doolittle Hilleary Bliley Dreier Hobson corded vote has been demanded. RECORDED VOTE Blunt Duncan Hoekstra A recorded vote was ordered. The CHAIRMAN pro tempore. A re- Boehlert Dunn Horn Boehner Edwards Hostettler The CHAIRMAN pro tempore. This corded vote has been demanded. will be a 5-minute vote. A recorded vote was ordered. Bonilla Ehlers Houghton Bono Ehrlich Hulshof The vote was taken by electronic de- This will be a 5-minute vote. Boswell Emerson Hunter vice, and there were—ayes 407, noes 15, The vote was taken by electronic de- Brady (TX) English Hutchinson not voting 11, as follows: vice, and there were—ayes 191, noes 231, Bryant Everett Hyde Burr Ewing Isakson [Roll No. 143] not voting 11, as follows: Burton Fletcher Istook [Roll No. 142] Buyer Forbes Jenkins AYES—407 Callahan Fossella Johnson (CT) AYES—191 Abercrombie Baker Barton Calvert Fowler Johnson, Sam Ackerman Baldacci Bass Abercrombie Barrett (WI) Borski Camp Franks (NJ) Jones (NC) Aderholt Baldwin Bateman Ackerman Becerra Boucher Campbell Frelinghuysen Kasich Allen Ballenger Becerra Allen Bentsen Boyd Canady Gallegly Kelly Andrews Barcia Bentsen Andrews Berkley Brady (PA) Cannon Ganske King (NY) Archer Barr Bereuter Baird Berman Brown (FL) Chabot Gekas Kingston Armey Barrett (NE) Berkley Baldacci Blagojevich Brown (OH) Chambliss Gibbons Knollenberg Bachus Barrett (WI) Berman Baldwin Blumenauer Capps Chenoweth Gilchrest Kolbe Baird Bartlett Berry Barcia Bonior Capuano Coble Gillmor Kuykendall May 20, 1999 CONGRESSIONAL RECORD — HOUSE H3425 Biggert Frelinghuysen Luther Sandlin Stabenow Velazquez GENERAL LEAVE Bilirakis Frost Maloney (CT) Sanford Stearns Vento Bishop Gallegly Maloney (NY) Sawyer Stenholm Visclosky Mr. YOUNG of Alaska. Mr. Speaker, I Blagojevich Ganske Manzullo Saxton Strickland Walden ask unanimous consent that all Mem- Bliley Gejdenson Martinez Scarborough Stump Walsh bers may have 5 legislative days within Blunt Gekas Mascara Schaffer Stupak Wamp Boehlert Gephardt Matsui Sensenbrenner Sununu Waters which to revise and extend their re- Boehner Gibbons McCarthy (MO) Serrano Sweeney Watkins marks on H.R. 883. Bonilla Gilchrest McCarthy (NY) Sessions Talent Watt (NC) The SPEAKER pro tempore. Is there Bonior Gillmor McCollum Shadegg Tancredo Watts (OK) Bono Gilman McCrery Shaw Tanner Waxman objection to the request of the gen- Borski Goode McDermott Sherman Tauscher Weiner tleman from Alaska? Boswell Goodlatte McGovern Sherwood Tauzin Weldon (FL) There was no objection. Shimkus Taylor (MS) Weldon (PA) Boucher Goodling McHugh f Boyd Gordon McInnis Shows Taylor (NC) Weller Brady (PA) Goss McIntosh Shuster Terry Wexler b 1400 Brady (TX) Graham McIntyre Simpson Thomas Weygand Brown (FL) Green (TX) McKeon Sisisky Thompson (MS) Whitfield ANNOUNCEMENT REGARDING Brown (OH) Green (WI) McKinney Skeen Thornberry Wicker AMENDMENT PROCESS FOR H.R. Bryant Greenwood McNulty Skelton Thune Wilson Burr Gutierrez Meek (FL) Slaughter Thurman Wise 1401, NATIONAL DEFENSE AU- Burton Gutknecht Meeks (NY) Smith (MI) Tiahrt Wolf THORIZATION ACT FOR FISCAL Buyer Hall (OH) Menendez Smith (NJ) Tierney Woolsey YEAR 2000 AND LEGISLATIVE Smith (TX) Toomey Wu Callahan Hall (TX) Metcalf BRANCH APPROPRIATIONS ACT, Calvert Hansen Mica Smith (WA) Traficant Wynn Camp Hastings (FL) Millender- Snyder Turner Young (AK) FISCAL YEAR 2000 Souder Udall (CO) Young (FL) Campbell Hastings (WA) McDonald Mr. REYNOLDS. Mr. Speaker, I rise Canady Hayes Miller (FL) Spence Udall (NM) Cannon Hayworth Miller, Gary Spratt Upton to inform the House of the plans of the Capps Hefley Miller, George NOES—15 Committee on Rules in regard to H.R. Capuano Herger Minge Bilbray Jackson (IL) Morella 1401, the National Defense Authoriza- Cardin Hill (IN) Mink tion Act for fiscal year 2000 and the Carson Hill (MT) Mollohan Blumenauer Klink Schakowsky Castle Kucinich Scott Chabot Hilleary Moore Fiscal Year 2000 Legislative Branch Ap- Cubin Markey Shays Chambliss Hilliard Moran (KS) propriations bill. Filner Meehan Thompson (CA) Chenoweth Hinchey Moran (VA) Today the gentleman from California Murtha Clay Hinojosa NOT VOTING—11 (Chairman DREIER) informed the House Clayton Hobson Myrick Brown (CA) Granger Salmon Clement Hoeffel Nadler of the Committee on Rules’ plan re- Cox Largent Stark Clyburn Hoekstra Neal garding these bills in two ‘‘Dear Col- Foley Moakley Towns Coble Holden Nethercutt Gonzalez Napolitano league’’ letters. Coburn Holt Ney The Committee on Rules will be Collins Hooley Northup b 1352 Combest Horn Norwood meeting the week of May 24 to grant a Condit Hostettler Nussle Mrs. MEEK of Florida, Ms. rule which may restrict the offering of Conyers Houghton Oberstar DEGETTE, Ms. WOOLSEY, Mr. PICK- amendments to the National Defense Cook Hoyer Obey ETT, and Mr. PASTOR changed their Cooksey Hulshof Olver Authorization Act for Fiscal Year 2000. Costello Hunter Ortiz vote from ‘‘no’’ to ‘‘aye.’’ The bill was ordered reported by the Coyne Hutchinson Ose So the amendment, as amended, was Committee on Armed Services on May Cramer Hyde Owens agreed to. 19. A copy of the bill and report will be Crane Inslee Oxley The result of the vote was announced available for review in the office of the Crowley Isakson Packard as above recorded. Cummings Istook Pallone Committee on Armed Services on Mon- The CHAIRMAN pro tempore. There Cunningham Jackson-Lee Pascrell day, May 24. The bill is also expected being no further amendments, under Danner (TX) Pastor to be available for review on the Com- Davis (FL) Jefferson Paul the rule, the Committee rises. Davis (IL) Jenkins Payne Accordingly, the Committee rose; mittee on Armed Services’ web site Davis (VA) John Pease and the Speaker pro tempore (Mr. this evening. Deal Johnson (CT) Pelosi Any Member contemplating an DeFazio Johnson, E. B. Peterson (MN) LAHOOD) having assumed the chair, Mr. amendment to the bill should submit 55 DeGette Johnson, Sam Peterson (PA) BASS, Chairman pro tempore of the Delahunt Jones (NC) Petri copies of the amendment and a brief DeLauro Jones (OH) Phelps Committee of the Whole House on the State of the Union, reported that that explanation to the Committee on Rules DeLay Kanjorski Pickering in H–312 of the Capitol no later than DeMint Kaptur Pickett Committee, having had under consider- Deutsch Kasich Pitts ation the bill (H.R. 883) to preserve the Tuesday, May 25 at 5 p.m. Diaz-Balart Kelly Pombo sovereignty of the United States over Amendments should be drafted to the Dickey Kennedy Pomeroy text of the bill as ordered reported by Dicks Kildee Porter public lands and acquired lands owned Dingell Kilpatrick Portman by the United States, and to preserve the Committee on Armed Services. Dixon Kind (WI) Price (NC) The Committee on Rules is also plan- Doggett King (NY) Pryce (OH) State sovereignty and private property rights in non-Federal lands sur- ning to meet the week of May 24 to Dooley Kingston Quinn grant a rule which may limit the Doolittle Kleczka Radanovich rounding those public lands and ac- Doyle Knollenberg Rahall quired lands, pursuant to House Reso- amendment process for floor consider- Dreier Kolbe Ramstad lution 180, he reported the bill back to ation for Fiscal Year 2000 Legislative Duncan Kuykendall Rangel Branch Appropriations Act. Dunn LaFalce Regula the House with sundry amendments Edwards LaHood Reyes adopted by the Committee of the The Committee on Appropriations or- Ehlers Lampson Reynolds Whole. dered the bill reported Thursday, May Ehrlich Lantos Riley 20, and is expected to file its com- Emerson Larson Rivers The SPEAKER pro tempore. Under Engel Latham Rodriguez the rule, the previous question is or- mittee report on Thursday, May 25, English LaTourette Roemer dered. 1999. Eshoo Lazio Rogan Is a separate vote demanded on any Any Member wishing to offer an Etheridge Leach Rogers amendment should submit 55 copies Evans Lee Rohrabacher amendment? If not, the Chair will put Everett Levin Ros-Lehtinen them en gros. and a brief explanation of the amend- Ewing Lewis (CA) Rothman The amendments were agreed to. ment to the Committee on Rules in Farr Lewis (GA) Roukema The SPEAKER pro tempore. The room H–312 of the Capitol no later than Fattah Lewis (KY) Roybal-Allard Fletcher Linder Royce question is on the engrossment and 12 p.m. on Tuesday, May 25. Amend- Forbes Lipinski Rush third reading of the bill. ments should be drafted to the bill as Ford LoBiondo Ryan (WI) The bill was ordered to be engrossed reported by the Committee on Appro- Fossella Lofgren Ryun (KS) and read a third time, was read the priations. Copies of the bill may be ob- Fowler Lowey Sabo Frank (MA) Lucas (KY) Sanchez third time, and passed, and a motion to tained from the Committee on Appro- Franks (NJ) Lucas (OK) Sanders reconsider was laid on the table. priations in room H–218 of the Capitol. H3426 CONGRESSIONAL RECORD — HOUSE May 20, 1999 Members should use the Office of Not long ago, this House approved will protect the territory of the United Legislative Counsel to ensure that the national missile defense program States from missile attack. their amendments are properly drafted by a margin of 317 to 105, a ratio of bet- That simple statement of policy is and should check with the Office of the ter than three to one. I am urging my the distillation of what has been acri- Parliamentarian to be certain that colleagues to demonstrate their over- monious public debate for over 15 their amendments comply with the whelming support for this rule and its years. What has changed, Mr. Speaker? rules of the House. underlying bill once again. I think most of the Members of this f Besides thousands of nuclear war- body can agree that what this bill calls heads on ballistic missiles maintained for is not the Reagan Star Wars of the DECLARATION OF POLICY OF by Russia, China has more than a dozen 1980s. Indeed, the Senate amendment UNITED STATES CONCERNING long-range ballistic missiles targeted wisely adds language that subjects any NATIONAL MISSILE DEFENSE at the United States, and countries missile defense system to the annual DEPLOYMENT like North Korea and Iran are devel- appropriations process which, in this Mr. REYNOLDS. Mr. Speaker, by di- oping ballistic missile technology and era of fiscal restraint, places real con- rection of the Committee on Rules, I capability much more rapidly than straints on any proposed missile de- call up House Resolution 179 and ask once believed. fense system. for its immediate consideration. The argument that rogue nations In addition, H.R. 4 does not mandate The Clerk read the resolution, as fol- need more than a decade to obtain bal- one system over another, nor does it lows: listic missile capability is both tech- mandate a date for deployment. In its H. RES. 179 nically irresponsible and politically simplicity, this bill acknowledges that Resolved, That upon adoption of this reso- naive. The threat is real. The threat is the United States might well find itself lution it shall be in order to take from the here. The threat is now. subject to an attack that we should be Speaker’s table the bill (H.R. 4) to declare it Even worse, most Americans do not prepared to defend against, but that we to be the policy of the United States to de- realize that we have absolutely no de- should do so within the context of the ploy a national missile defense, with a Sen- technological and financial realities of ate amendment thereto, and to consider in fense, none at all, against a missile at- tack. We have been lulled into a false 1999. the House a motion offered by the chairman Mr. Speaker, few of us in this body of the Committee on Armed Services or his sense of security, unaware that nations can deny that the world has become, designee to concur in the Senate amend- across the globe are currently devel- ment. The Senate amendment and the mo- oping ballistic missiles which pose an since the end of the Cold War, an even tion shall be considered as read. The motion immediate threat to our security. more dangerous place than we might shall be debatable for one hour equally di- In fact, just last year, Iran launched have imagined. There are rogue nations vided and controlled by the chairman and a medium-range ballistic missile with and factions that seek to harm, if not ranking minority member of the Committee the help of North Korea and Russia. destroy, the United States. on Armed Services. The previous question This bill is an attempt to move for- We can protect ourselves from mis- shall be considered as ordered on the motion ward the debate on the issue of the na- siles of these potentially hostile na- to final adoption without intervening mo- tional missile defense without the acri- tions. Deployment of a national mis- tion. mony that has accompanied the discus- sion defense system would cost less Mr. REYNOLDS. Mr. Speaker, for the sions on this subject in the past. H.R. 4 than our last six military peacekeeping purpose of debate only, I yield the cus- provides us with a good start, and I am tomary 30 minutes to the gentleman missions. hopeful that it will help us move to a Let us pass this rule and pass this from Texas (Mr. FROST), pending which resolution to a thorny, but incredibly declaration of policy and protect our I yield myself such time as I may con- important, issue. sume. During consideration of this res- Nation and its people from the threat Mr. Speaker, this rule will allow 1 olution, all time yielded is for the pur- of a missile attack. hour of debate on the Senate amend- pose of debate only. I would like to commend the Com- ments, a time limit that might have, Yesterday, the Committee on Rules mittee on Armed Services, the gen- given the importance of this matter, met and granted a rule providing for tleman from South Carolina (Mr. been extended to allow all Members the consideration of H.R. 4, Declara- SPENCE), and the gentleman from who are interested in this matter an tion of Policy of the United States Pennsylvania (Mr. WELDON), chairman opportunity to speak. Concerning National Missile Defense of the Subcommittee on Military Re- In spite of the fact that the House Deployment with a Senate amendment. search and Development, for their hard has conducted very little business in The rule is twofold. First, it makes work on this very important measure. the past few weeks, the Republican ma- in order a motion to concur in the Sen- I urge my colleagues to support this jority continually fails to give matters ate amendment in the House. Second, rule and to support the underlying leg- of great importance adequate time to the rule provides 1 hour of debate on islation. be fully aired on the floor. I would hope the motion equally divided and con- Mr. Speaker, I reserve the balance of that when we return from the Memo- trolled by the chairman and ranking my time. rial Day recess, one that has now been minority member of the Committee on Mr. FROST. Mr. Speaker, I yield my- extended through an entire week, the Armed Services. self such time as I may consume. Republican leadership will consider a Mr. Speaker, H.R. 4 is a straight- (Mr. FROST asked and was given per- schedule that gives important legisla- forward bill, declaring that it is the mission to revise and extend his re- tion more time to be debated by the policy of the United States to deploy a marks.) elected Members of this body. national missile defense system as soon Mr. FROST. Mr. Speaker, while I Mr. Speaker, I reserve the balance of as it is technologically possible and to support the Senate amendments to my time. seek continued negotiated reductions H.R. 4, I rise in opposition to the rule. Mr. REYNOLDS. Mr. Speaker, I yield in Russian nuclear forces. I oppose the rule because of the process 5 minutes to the gentleman from Penn- Mr. Speaker, in 1957, during a speech or the lack thereof. sylvania (Mr. WELDON), who is the here in Washington, D.C., General The Democratic members of the House leading expert on missile de- Omar Bradley warned that we are now House Committee on Armed Services fense. speeding inexorably towards a day were totally bypassed on this bill; and (Mr. WELDON of Pennsylvania asked when even the ingenuity of our sci- that, Mr. Speaker, is reason enough to and was given permission to revise and entists may be unable to save us from oppose the rule. The process is really extend his remarks.) the consequences of a single rash act or incomprehensible, Mr. Speaker, since Mr. WELDON of Pennsylvania. Mr. a lone reckless hand upon the switch of the Senate amendment to the House- Speaker, I rise in support of the rule an uninterceptible missile. passed version of the bill states very and in support of the underlying Sen- Forty-two years later, General Brad- simply that it is the policy of the ate amendments, but I am not happy ley is still right, not because we may United States to deploy as soon as is with the legislation. be unable to stop an incoming missile, technologically possible an effective I am not happy because, when we but because we cannot. national defense missile system that brought this bill up in the House, we May 20, 1999 CONGRESSIONAL RECORD — HOUSE H3427 had a clear and distinct debate. As the legislation except for us. We are the first. And of course, as the gentleman original author of H.R. 4, I made the ones who drafted the bill. We are the from Pennsylvania well knows, we point known to every Member of this ones who passed the bill. We are the have had five failures of the THAAD body that this would be a vote for the ones who passed the clean bill of this system, which is fundamental to hav- President’s policy or against the Presi- House, only to be amended by extra- ing a credible theater missile defense dent’s policy. neous and irrelevant amendments on system. We have the Patriot 3, the If my colleagues are supportive of the Senate side. PAC–3 program, which is doing quite holding this decision off for a year so it I will be asking my colleagues today well. could be made during the middle of a to vote ‘‘yes.’’ But clearly, during our Now, if we cannot do theater missile Presidential election, then they should debate and discussion we will clarify defense, no matter how loudly we yell, have opposed the House bill. And 102 the record time and again to show that we are not going to command a na- brave Democrats and two brave Repub- there is a clear and distinct difference tional missile defense system into licans did that. They opposed the bill. between the position of this adminis- being. Now, General Lyles has testified But I said, if in spite of the Presi- tration and the position that 317 Mem- before our subcommittee that it is dent’s letter of opposition on the morn- bers of Congress supported. going to be at least 2005 before we have ing of the vote, if my colleagues were I am outraged that right after we done the testing that is necessary to for moving forward now to make that passed this bill President Clinton have any confidence that we would decision, then they should vote for the would send me a letter that says this: have a credible limited system. bill. And 214 Republicans did, joined by ‘‘Next year we will determine whether So I think the language in this reso- 103 Democrats, for a veto-proof margin. or not to deploy for the first time a lution that says let us be honest with It was a clear and distinct point of op- limited national missile defense ourselves, we cannot be in denial here, position against this administration’s against these threats.’’ That is the let- that we are going to do this, I voted to policy. No mistake about it. ter. do it when it is technologically fea- Then we saw the White House and That is not what this bill says. It sible. If the science is not there, if the Bob Bell try to suspend what we had does not say, Mr. President, next year. engineering is not there, if the tech- just done, try to tell us that it really It says today we will pass this con- nology is not there, we cannot just did not mean what we said it was. In ference report, we will move forward, wish it into existence. fact, the Senate on the floor of debates and we will do it in direct contradic- And so I hope that my colleagues will agreed to two amendments. These tion to what this administration is try- think about this issue. This is one of amendments mean nothing. They mean ing to spin. the most important national security nothing. They are simply cover for lib- And when the White House has its issues that we face. None of us likes eral Democrats who do not support signing ceremony, I do not know the idea of being vulnerable to any missile defense to have a way to cover whether I will be invited or not, but if country’s potential for using a ballistic their you know whats. I am, I will clearly make the case that missile. But think about it. We had the One of them says that any missile de- it is a clear policy difference between whole era of the Cold War when the fense program should be subject to the this White House and their attempt to Russians had thousands of warheads authorization and appropriation proc- spin what we did that they could not aimed at the United States and we had ess. Well, duh. Everything we do in this defeat in this body. We could have thousands of warheads aimed at them. Congress is subject to the authoriza- overridden the veto because we had 103 What did that produce? That produced tion and appropriation process. Are we Democrats agree with this, along with deterrence. We knew that if either one so naive as to think that somehow we 214 Republicans, and this was at a time of us struck the other that we would pull manna from heaven and we bring when the White House issued a state- open up the possibility for a cata- dollars to the table and that is what ment in opposition to our bill. strophic war that would destroy both funds programs? That amendment These amendments mean nothing. countries, and so we were deterred. means nothing. It has no bearing on All of us agree that an authorization And today the United States has this bill or what we are doing here. and appropriation processes must be more offensive capability than any The second amendment says that we followed. All of us want to see reduc- other country in the world and more should continue to negotiate reduc- tions in arms by both Russia and credible and more capable offensive ca- tions in arms. Who disagrees with America. Unfortunately, the Senate pability. And I believe that any coun- that? The irony is that the Senate put amendment only says Russia, which try that thought about launching an an amendment on that only refers to could be read as destabilizing. attack against the United States would reductions in Russian arms. What hap- The point is, the crux and the actual have to be out of their mind, because pens, Mr. Speaker, if the Russians re- content of this bill is simple. Today we they would know that we would know gard this as only being an attempt to are saying in the Congress of the where the missile launched from and get them to reduce their arms while United States that it is time to deploy we could have the potential to respond the U.S. is not paralleling that proc- a national missile defense capability. with overwhelming force. I think deter- ess? The amendments unfortunately Mr. FROST. Mr. Speaker, I yield 4 rence still is a valid doctrine that we passed, and we could do nothing about minutes to the gentleman from Wash- should not forget about as we work to- that. ington (Mr. DICKS). wards getting a national missile de- The Senate having the rules, they Mr. DICKS. Mr. Speaker, I want my fense system in place. had forced us to take a bill that I am good friend and colleague from Penn- So I think the language of the Senate not happy with. But it does move the sylvania to know that I was one of the improves and makes more credible this process forward, and I would say to my Democrats who voted for his resolu- resolution that we previously voted on. colleagues, in the full debate, we will tion. But I must say, we held a hearing And I think my view is that I want this have a colloquy that will be joined by in the defense appropriations sub- technology to work. the chairman of the full committee committee, now called the Sub- One of the companies from my State that will be joined by the majority committee on National Security Ap- is in charge of trying to integrate this leader and the Speaker who will clarify propriations, this year. Lieutenant and make it work. But we cannot tell on the RECORD what this bill means by General Lester Lyles came over and the American people that there is this body. briefed our committee. And, frankly, something out there that will work we are not doing very well in devel- until we can demonstrate it, and we b 1415 oping this technology. We have got se- have not been able to demonstrate If the White House chooses to run for rious problems. THAAD. We have not been able to dem- Congress, than they can interpret our I personally believe that if we look at onstrate a comprehensive theater mis- bills. If Bob Bell chooses to step down missile defense, that the number one sile defense system. and run for a House seat, he can change priority when we deploy our troops is And so I think we ought to be very or he can then interpret our bills. But, to have a capable theater missile de- sober about any of these exhortations short of that, nobody can interpret our fense system. We need to focus on that that we are hearing about from people H3428 CONGRESSIONAL RECORD — HOUSE May 20, 1999 here who want to wish this into exist- against a limited attack. I think that Mr. DOGGETT. Mr. Speaker, how ap- ence. is a wise thing to do. propriate the timing of this debate. As Mr. REYNOLDS. Mr. Speaker, I yield I am just saying to everyone here we speak, folks are lined up around the 2 minutes to the gentleman from Penn- today, after having General Lyles come block across America to see the new sylvania (Mr. WELDON). before our committee and after going Star Wars movie. And what better time Mr. WELDON of Pennsylvania. Mr. through each of the technologies in than right now, with the refrain of that Speaker, let us focus the debate on the place, I have to report to my colleagues great Star Wars theme music, the facts. that General Lyles says 2005 is the ear- opening day of ‘‘The Phantom Men- Mr. Speaker, my good friend and col- liest we would have a capability, and ace,’’ for us to be taking up this pro- league just spoke and made some that capability has not yet been dem- posal. points. First of all, he said the THAAD onstrated. We have not been able to do Just like the original movie, this bill program has had five failures. What he what it takes to put it in place. It does puts a tractor beam in the Capitol did not properly explain is that of the not exist. And we cannot just create dome and aims it right at the wallets five failures that occurred, none of something out of whole cloth. of the American taxpayer to support them, none of them involved hit-to- Now, let us make it work. Let us be this defective system. This Star Wars kill. The five failures that occurred sober. Let us be realistic and honest scheme is a technological failure. It were caused by quality control prob- with the House and the American peo- has failed one test after another, again lems of the Lockheed Martin con- ple. Let us wait and do this when it is and again. An accelerated program to tractor, and we in the Congress took technologically feasible. We cannot do test it has been described as ‘‘a rush to the lead to force them to begin to pay it, anyway. I mean, we cannot wish failure’’ by former Air Force Chief of for those failures. this into existence. So I urge every- Staff General Larry Welsh. We have never had a test yet to actu- body, including my colleague from the I am reminded of Han Solo’s admoni- ally get to hit-to-kill, but in fact the State of Washington, to be sober. tion to Luke Skywalker: ‘‘Jumping THAAD program has accomplished 28 I can remember when these people through hyperspace ain’t like dusting of 30 milestones. That is a tremendous came in from my own State and they crops, boy.’’ Well, hitting a bullet with told and told me in 1983 that this tech- success. So to characterize the THAAD a bullet, hitting in fact many bullets, nology was in hand. Edward Teller program as a failure does a terrible dis- with bullets raining down over the en- came and told us that the technology service to those people who are work- tire continental United States at 15,000 was in hand. It is now 1999, we have ing on that program because the facts miles an hour, and doing it accurately spent billions, and it is not in hand. do not bear that. and reliably, is not like dusting crops, This is a hard problem. Second, the gentleman made the either. And yet here we are, year after point that this is a terrible technology Mr. REYNOLDS. Mr. Speaker, I re- serve the balance of my time. year, having demands to throw more challenge. Well, it is. And he pointed Mr. FROST. Mr. Speaker, I yield 2 good money after bad. out that a company in his area, Boeing, minutes to the gentleman from Mis- I disagree with my colleague from is a lead system integrator. What the souri (Mr. SKELTON), ranking member Washington State about this measure, gentleman did not mention is that the of the Committee on Armed Services. but he is right about one thing. Wish- head of this program, Dr. Peller, in Mr. SKELETON. Mr. Speaker, let me ing is not going to make it so. The first congressional testimony said the chal- take this opportunity to speak on the law of Disney Wish and make it so, lenge to build the Space Station was rule. I am compelled to do so because I does not apply here; rather it is the more difficult than to build a national speak today about the process, about laws of physics and thermodynamics missile defense. Now, that is the top of- the process that brings us to the floor. that control weather this can be ac- ficial of the company that comes from Mr. Speaker, I speak not as a Democrat complished. the district of the gentleman. but as a Member of this House and as a b 1430 The third is deterrence, that we member of the Committee on Armed somehow can rely on the deterrence of Services. Just 3 days ago, we acted in this Con- the 1980s. That may have been true. I Just over 2 months ago, the House gress on spare parts and training and do not want to trust North Korea not and the Senate passed H.R. 4 and S. 257, readiness. As Joint Chiefs Chairman to fire that Taepo-Dong 1 at one of our respectively, similar legislation, de- Hugh Skelton said recently, the mas- cities. And I would say to my good claring it the policy of the United sive amount of experiments on these friend and colleague, 28 young Ameri- States to deploy a national missile de- kind of Star Wars programs drain re- cans, half of them from my State, came fense. But since then, Mr. Speaker, the sources from personnel and readiness back from Desert Storm in body bags process has been hijacked. accounts. If there is a readiness prob- because we could not defend against a There was no conference committee lem, it is a problem that this Repub- low-complexity missile that wiped between the House and the Senate. As lican Congress created in preferring them out. a result, differences in the two meas- pork over readiness. We are diverting I agree with the gentleman, theater ures have not been reconciled as nor- these kind of precious resources away missile defense is our top priority; and mally they are reconciled. Rather, we from our true military and nonmilitary I use my votes and my voice to help ac- are being asked to concur in the exclu- needs because we have people here who complish that. But we cannot ignore sive work of the Senate on a take-it-or- keep coming up year after year asking the threat to our country by saying leave-it basis. That is not right. us to throw an infinite amount of tax- North Korea will avoid attacking us Implied in this fact is the notion that payer money at a problem that has real because of deterrence. the Senate has a patent on all the physical limitations. And finally, this is what offends me. knowledge and all the insight on this I agree fully with my colleague from I will make a prediction on the floor particular matter. And, of course, I re- Texas, Mr. FROST, about the substance today. The reason why the White ject that because we in this body, in of this resolution, about the important House is spinning this the way they are our committee, have been very, very meaning of the Senate amendments. is because next year, in the middle of active on this issue. But the effect I disagree with him on, the presidential campaign, Vice Presi- And, therefore, I am disappointed because it is clear that the Star Wars dent Gore will announce that we are that the views of the House Members, advocates are using this measure to going to deploy NMD. That is an abso- both Democrats and Republicans, have boost their cause. The missile defense lute travesty and an outrage for this not been afforded regular order consid- that is being advocated, even if it country. eration in the matter that is before us worked, would not defend us from the Mr. FROST. Mr. Speaker, I yield 11⁄4 today. I think the process that brings real threats we face from terrorism, minutes to the gentleman from Wash- us here today is not only unfortunate with bombings at the World Trade Cen- ington (Mr. DICKS). but it is unnecessary. ter, with gas attacks like that that oc- Mr. DICKS. Mr. Speaker, again, I just Mr. FROST. Mr. Speaker, I yield 41⁄2 curred in a Japanese subway. want to say to my colleagues, we want minutes to the gentleman from Texas If we really want to do something to a national missile defense system (Mr. DOGGETT). address our security, the Congress May 20, 1999 CONGRESSIONAL RECORD — HOUSE H3429 ought simply to read the National Re- that are long established and that are turbed me. I know it disturbed the gen- search Council of the National Acad- intended to achieve a consensus be- tleman from Pennsylvania (Mr. emy of Science report this week about tween both Houses. Normally when we WELDON), too. Because this bill is the threat, the very real threat that we pass a bill and send it to the Senate misperceived by the Russians. I said have from the potential or diversion of and they pass a different bill, there is that on the floor, I said it in com- Russian nuclear materials. Our Energy a conference to hammer out the dif- mittee. The Russians see this bill as Department had to spend $600,000 in ferences, a conference to establish a somehow a potential or anticipatory emergency funds last year because record as to why the compromises in breach of the ABM treaty. I think that guards at some of these facilities in language were made to the extent that is unfounded. Russia had no winter uniforms for out- these are made. There is no record I think what we are trying to move side patrols and left without paychecks here. We have had no conference. We towards is a system where we can rely searching for food. That is a real secu- are bypassing the traditional proce- upon our defenses so that we do not rity threat that should concern every dure. For what reason I do not know. have to rely so much upon the threat one of us. We are not doing very much This is no way to legislate. It is also no of a retaliatory strike. I think that about it. way to build bipartisan consensus on would be an improvement in deterrence Implementing the START II nuclear something that has been sort of a polit- and an improvement in the stability in missile reduction treaty would elimi- ical totem. the world. The Russians do not see it nate 3,000 Russian nuclear warheads, in As I have said before, we do not de- that way yet. They see us moving away fact, that this fantasy proposes to deal bate ballistic missile defense the way from the ABM treaty. This language in with in outer space. Such implementa- we debated the MX or the B–2 or other this bill is not bound to give them com- tion would do a great deal more to as- major systems. This system is so fort and encouragement, because this sure the security and safety of Amer- charged with political significance that bill says that in addition to deploying ican families than this proposal. We it is a totally different kind of debate. defenses in this country, we should also should be giving that our highest na- One of the things we will not have as a seek to negotiate reductions in Russian tional security priority. Instead of di- result of this procedure is a record, a nuclear weapons. I agree that we verting attention from this vital objec- record to explain the legislative his- should be negotiating with the Rus- tive, this Congress should be encour- tory of what some truly ambiguous and sians. We should have done START II. aging a START III to have further re- unclear language in this particular bill We should have pressed them to ratify duction in nuclear armaments around actually means. it long before now. But they perceive This bill calls for billions of dollars the world and truly protect our free- START II as being tilted against them. to be spent to deploy a national missile dom. Now we are saying in this bill, What so many in this House fail to defense system, quote, as soon as it is ‘‘We’re going to build defenses and we technologically feasible, or possible. recognize is that national security is want you to build down your missile What does this mean? I am concerned measured in terms other than simply systems,’’ which suggests that we want that it could mean that as soon as we how many bombs, bullets and missiles complete superiority here. It is not the have got the technology or think we we possess. It is measured in economic formulation for a successful bargain. It have it in hand, we are supposed to strength, in productivity and in the is not the kind of message we need to rush to deployment, even though we success of our efforts to reduce threats send the Russians, particularly at a might end up with a suboptimal or a from abroad. I urge the House to con- time when we are leaning on them and substandard system. I am concerned Chernomyrdin is today in Belgrade try- sider defense programs that meet our that it may mean before we have ade- ing to cut a deal with us. It is just ill- true security needs and reject this pro- quately tested, we will move to deploy- timed. I will probably vote for this bill posal. ment. That is not an idle concern. because I believe in ballistic missile de- Mr. FROST. Mr. Speaker, I yield 6 Yesterday in the defense authoriza- minutes to the gentleman from South fense and I do not want to muddle that tion bill markup, an amendment was message on my part but I am very, Carolina (Mr. SPRATT). added which allowed the director of Mr. SPRATT. Mr. Speaker, I believe very disappointed in the process and this program and the Secretary of De- in ballistic missile defense if it is fea- procedure it is taking. fense to begin deployment before this sible, but we have yet to prove that it Mr. FROST. Mr. Speaker, I have no system was fully tested, a dispensation is feasible. I was the principal cospon- further requests for time, and I yield that is granted to very few defense pro- back the balance of my time. sor of H.R. 4 because I thought we grams. It could mean that we will de- Mr. REYNOLDS. Mr. Speaker, I yield needed a focus to our ballistic missile ploy even though it is extravagantly myself such time as I may consume. defense program. I thought we needed expensive, far more expensive than the It is important that we take a look to make a decision that we would go protection it would allow us. It could at reminding ourselves as we debate forward with the objective of fielding a mean any number of different things. this rule that the national missile de- system, a system that worked and We do not know. There is no legislative fense program, the vote most recently would afford us at least limited protec- history. We have not been able in the held in this House, was 317–105, better tion against an accidental strike in House to have the opportunity to give than a 3 to 1 ratio of the Members of this country. But I was honest to ac- meaning to that particular phrase. this great body in support of a national knowledge on the House floor that we The bill specifies that this national missile defense program. Number two, are not there yet. We have not proven missile system must be capable of af- on some of the questions with the rule, the capability of this system. However, fording us a limited defense, or defense I would remind all of my colleagues having spent $50 billion over the last 15 against a limited ballistic missile at- that at the Committee on Rules yester- years, I thought it was time to bring tack. What does ‘‘limited’’ mean? Is it day, it was a voice vote on the rule ap- those efforts to fruition, to build a an unauthorized attack, an accidental proval that we have before us today. workable system if we can as opposed attack, or an attack by, say, one sub- Finally, Mr. Speaker, I must go back to putting more viewgraphs on the marine which could mean easily more to my opening remarks, that most shelf. than 100 warheads? Very, very critical Americans do not realize that we have H.R. 4 was an effort to reach some to have that definition pinned down. absolutely no defense, none at all, kind of bipartisan consensus on a very In our bill, we had legislative his- against a missile attack. We have been basic proposition, that the focus of our tory. We said it was an accidental at- lulled into a false sense of security, un- efforts in ballistic missile defense tack. We limited the scope of the effec- aware that nations across the globe are would be to deploy a system. We passed tiveness of the system. Here they talk currently developing ballistic missiles that bill here with a hefty margin. We about a limited attack. That could which pose an immediate threat to our sent it to the other body, they struck range from 5 warheads to 200 warheads. security. Mr. Speaker, today is the day everything in it, adopted a completely It is not clear at all. We have no oppor- to act. I urge passage of this rule. different bill and now they send it back tunity to make it clear. Mr. Speaker, I yield back the balance to us in a process that is a breach of Furthermore, the timing of this bill, of my time, and I move the previous procedure, bypassing the procedures the timing of the previous bill, dis- question on the resolution. H3430 CONGRESSIONAL RECORD — HOUSE May 20, 1999 The previous question was ordered. or no warning of a ballistic missile at- Mr. DICKS. Mr. Speaker, I want to The resolution was agreed to. tack. With each passing day, our Na- say to my friend from Missouri, the A motion to reconsider was laid on tion’s vulnerability to missile attack distinguished ranking member of the the table. grows. Rogue nations like North Korea, Committee on National Security, that Mr. SPENCE. Mr. Speaker, pursuant Libya, Iran and Iraq are working ag- I concur with him and that we should to House Resolution 179, I offer a mo- gressively to acquire the capability to pass this, and I am not at all upset tion to concur in the Senate amend- strike the American homeland with about what the Senate did. I think put- ment to the bill (H.R. 4) to declare it to ballistic missiles carrying weapons of ting in the phrase ‘‘when techno- be the policy of the United States to mass destruction. Russia and China al- logically feasible’’ means that we have deploy a national missile defense. ready possess this capability. I am con- to have something to deploy. And I The Clerk read the title of the bill. fident that the more than 200 Members have the greatest respect for the chair- The SPEAKER pro tempore (Mr. who attended the Rumsfeld Commis- man of the committee but I must tell LAHOOD). The Clerk will designate the sion extraordinary classified briefing my colleagues, when we brought over motion. here on this House floor back in March the people who were running this pro- The text of the motion is as follows: have a much greater appreciation of gram and we went through each of the Mr. Spence moves to concur in the the need to move forward with missile various possibilities, they have said ba- Senate amendment. defenses and of the reason why we need sically that at this point we do not The text of the Senate amendment is to make the kind of commitment that have something to deploy. Now, we just as follows: we are making in this bill. cannot make it up. Either it is Senate amendment: b 1445 deployable or it is not. Either we have Strike out all after the enacting clause and tested it and we know it will work or it insert: Let me briefly make a few points: will not. SECTION 1. SHORT TITLE. First, contrary to intelligence esti- So I urge everyone here that we This Act may be cited as the ‘‘National Missile mates that predicted the ballistic mis- should stay with our commitment to Defense Act of 1999’’. sile threat was more than a decade keep working on this problem, but to SEC. 2. NATIONAL MISSILE DEFENSE POLICY. away, the missile threat to our country start deploying something that we It is the policy of the United States to deploy is real, as I have said before, and it is have not tested is an absolute recipe as soon as is technologically possible an effec- here today. for failure. tive National Missile Defense system capable of Second, technology has matured to Mr. Speaker, I appreciate the gen- defending the territory of the United States the point where moving forward and tleman yielding to me. I hope that we against limited ballistic missile attack (whether deploying a national missile defense accidental, unauthorized, or deliberate) with get a national missile defense, but let funding subject to the annual authorization of system is feasible. There will always be us not waste money trying to deploy appropriations and the annual appropriation of test failures, there will always be tech- something that we have not yet dem- funds for National Missile Defense. nological challenges, but Americans onstrated, and I think theater missile SEC. 3. POLICY ON REDUCTION OF RUSSIAN NU- have never shied away from a challenge defense should be our first priority. I CLEAR FORCES. and certainly never in the face of a appreciate the gentleman having yield- It is the policy of the United States to seek threat that gets worse every day. ed to me. continued negotiated reductions in Russian nu- Third, the cost of a national missile Mr. SKELTON. Mr. Speaker, I yield clear forces. defense system, by the administra- myself such time as I may consume to The SPEAKER pro tempore. Pursu- tion’s own estimates, will comprise less continue very, very briefly, and then I ant to House Resolution 179, the gen- than 1 percent of the overall defense will yield to the gentleman from Vir- tleman from South Carolina (Mr. budget and less than 2 percent of our ginia (Mr. SISISKY). SPENCE) and the gentleman from Mis- military modernization budget over At today’s motion I would like to, souri (Mr. SKELTON) each will control the next 5 years. Because to deploy an and I hope we all understand that the 30 minutes. initial national missile defense capa- technology needed to develop an ICBM The Chair recognizes the gentleman bility will amount to less than the capable of delivering a warhead of mass from South Carolina (Mr. SPENCE). amount our country has spent on destruction against large portions of Mr. SPENCE. Mr. Speaker, I yield peacekeeping developments, deploying these United States is today, in the myself such time as I may consume. missiles in the past 6 years, this hands of at least one so-called rogue Mr. Speaker, in 1995, Norway strikes me as a small price and a sound actor nation. Worse, much of the need- launched a weather rocket that was investment. ed technology has already been dem- mistaken by sensors in Russia for a Mr. Speaker, national missile defense onstrated, and now I believe it is not launch of an ICBM from one of our nu- is necessary, feasible and affordable, only possible but probable that signifi- clear submarines. They were in a final but in spite of the growing consensus cant portions of the United States will countdown in the process of preparing that the threat is real and the tech- be threatened by ICBM-delivered war- to launch a missile attack against us, nology is maturing, the administration heads of mass destruction sometime and only minutes away when they fi- has steadfastly refused to commit to before the year 2005, the time the ad- nally discovered the mistake and actually deploy a national missile de- ministration says is needed to deploy a called off the launch. We were that fense. H.R. 4 addresses the administra- suitable limited national missile de- close to being faced with nuclear war- tion’s unexplainable lack of commit- fense system. fare. ment in this regard and represents the Mr. Speaker, I yield 3 minutes to the Mr. Speaker, most people in this Congress’ bipartisan belief that all gentleman from Virginia (Mr. SISISKY). country do not realize we have no de- Americans should be protected against Mr. SISISKY. Mr. Speaker, I support fense against that type of an attack ballistic missiles. H.R. 4, and I ask my colleagues to sup- nor do we have a defense against even Mr. Speaker, I urge support of this port it. one missile launched accidentally from important bill. As some of as my colleagues know, I somewhere else in the world today. Mr. Speaker, I reserve the balance of changed my mind about the way we There are literally thousands of these my time. need to approach ballistic missile de- missiles abroad in the world today. The Mr. SKELTON. Mr. Speaker, I yield fense. I always believed we needed threat of ballistic missile attack is real myself such time as I may consume. BMD, but over the last year I changed and it is here today. Mr. Speaker, I rise in support of the my mind about when we needed it, and Last summer, an independent study motion to concur with the Senate that was because of the report of the by the bipartisan Rumsfeld Commis- amendments to H.R. 4, an act to de- Commission to Assess Ballistic Missile sion unanimously concluded that the clare it the policy of the United States Threat to the United States. This was ballistic missile threat to our country to deploy national missile defense. a bipartisan commission charged to as- is broader, more mature and evolving Mr. Speaker, I yield such time as he sess the nature and magnitude of exist- more rapidly than anticipated, and may consume to the gentleman from ing and emerging ballistic missile that the United States may have little Washington (Mr. DICKS). threats to the United States. May 20, 1999 CONGRESSIONAL RECORD — HOUSE H3431 The report and testimony of the com- we took the time to give the Russian Mr. WELDON of Pennsylvania. Mr. mission made two things clear. First, leadership the briefing as to the emerg- Speaker, I insert for the RECORD both the ballistic missile threat to the ing threats and convinced them that the White House letter as well as the United States may be coming faster this was not being done to score some State Department cable so that every- than previously estimated. Second, the type of strategic advantage over Rus- one can see what type of spin the ad- threat to our friends, allies and troops sia. This was being done because in to- ministration is trying to place on this overseas already exists. day’s world North Korea is not a stable bill. That is why I cosponsored this bill, nation that deterrents will work with. THE WHITE HOUSE, and that is why Congress overwhelm- In today’s world the Chinese now have Washington, May 7, 1999. ingly decided to go on record in sup- at least 18 long-range ICBMs. We know Hon. CURT WELDON, port of ballistic missile defense. that Iran and Iraq both have medium- House of Representatives, Now I think there are legitimate range missiles and are developing long- Washington, DC. DEAR REPRESENTATIVE WELDON: Thank you grounds to be unhappy with the proce- range capabilities. for your letter on National Missile Defense dure we are using today. I think every- So, Mr. Speaker, for all of these rea- (NMD). We are committed to meeting the one on our side agrees that accepting a sons we are making a clear and distinct growing danger that outlaw nations may de- Senate amendment without benefit of a policy change that will occur when the velop and field long-range missiles capable of conference is not the best way to do President signs this bill. And the key delivering weapons of mass destruction this, and those of us in the House thing that I want to keep stressing is, against the United States and our allies. would have liked to sit down with one, that when the President signs this Next year, we will determine whether to Members of the other body to talk bill, that is the change in policy of this deploy for the first time a limited national government, that we are deploying a missile defense against these threats. This about what they mean by phrases like decision will be made when we review the re- ‘‘technologically feasible.’’ And for an- national missile defense system as soon sults of flight tests and other developmental other thing, it fails to recognize tire- as that technology is available, not be- efforts, consider cost estimates, and evaluate less contributions and leadership of fore it is available, not prematurely, the threat. In making our determination, we Members on our side, such as the gen- but as soon as it is available. We do not will also review progress in achieving our tleman from Pennsylvania (Mr. recommend the technology. We do not arms control objectives, including negoti- WELDON) and the gentleman from say land-based over sea-based. We do ating any amendments to the ABM Treaty that may be required to accommodate a pos- South Carolina (Mr. SPRATT), but it not say one site over three sites. We say as soon as available and as soon as sible NMD deployment. does make the point by putting Con- I am pleased that the Senate, on a bipar- gress on record that it is the policy of it is ready, we deploy it. That is a clear and marked difference tisan basis, included in its NMD legislation the United States to deploy an effec- two amendments that significantly changed tive missile defense. over the policy that exists today, and the original bill, which I strongly opposed. On balance, Mr. Speaker, I think this for the White House to try to spin what By specifying that any NMD deployment language sends a message that is vital we are doing is totally wrong. And I must be subject to the authorization and ap- to national security, and I urge this want the record to clearly show that propriations process, the legislation makes body to support it. this Congress and the other body are on clear that no decision on deployment has Mr. SPENCE. Mr. Speaker, I yield record as interpreting our own bill, and been made. By putting the Senate on record there should be no one in the White as continuing to support negotiated reduc- such time as he may consume to the tions in strategic nuclear arms, the bill also gentleman from Pennsylvania (Mr. House in future years who will try to spin what it is we are trying to accom- reaffirms that our missile defense policy WELDON), the chairman of our Sub- must take into account our arms control ob- committee on Military Research and plish today. jectives. With that, Mr. Speaker, I would like Development. We want to move ahead on the START III (Mr. WELDON of Pennsylvania asked to enter into a colloquy with our dis- framework, which I negotiated with Presi- tinguished chairman for the record. I and was given permission to revise and dent Yeltsin in 1997, to cut Russian and U.S. rise to engage in a colloquy with the arsenals 90 percent from Cold War levels, extend his remarks and include extra- chairman. while maintaining the ABM Treaty as a cor- neous material.) There has been some misconception nerstone of strategic stability. The changes Mr. WELDON of Pennsylvania. Mr. concerning this national missile de- made in the NMD bill during Senate debate Speaker, I thank the distinguished fense bill. The purpose of this bill is ensure these crucial objectives will be taken chairman and the ranking member for very simply to establish a U.S. policy, into account fully as we pursue our NMD their support, and let me again clarify program. the deployment of a national missile Thank you again for writing on this impor- some points here. defense, as soon as technologically pos- First of all, none of us are mandating tant matter. sible. In the chairman’s view, does this that something be deployed before it is Sincerely, bill commit the United States to de- BILL CLINTON. ready, none of us. We are not that ploy a national missile defense? naive to put a date certain on requiring Mr. SPENCE. Mr. Speaker, will the S. 257—NATIONAL MISSILE DEFENSE that something be done by a certain gentleman yield? time, and no one should misinterpret Background.—U.S. policy regarding bal- Mr. WELDON of Pennsylvania. I listic missile defense most recently was this legislation as requiring that. yield to the gentleman from South elaborated in reftels (n.b., identical text to What we are saying is that we are Carolina. different addresses). During the March floor making a clear and distinct policy Mr. SPENCE. Mr. Speaker, it does. debate on S. 257, the Cochran National Mis- change here as a Nation. For the first The intent of this bill is straight- sile Defense (NMD) bill, the Senate on a bi- time we are saying publicly that it is forward and unequivocal. However, I partisan basis adopted two very important the policy of this country to deploy a understand that in a May 7 letter the amendments that modified the original bill limited national missile defense sys- President indicated, and I quote, the that had been reported out of the Armed tem against those rogue threats that legislation makes clear that no deci- Services Committee on essentially a party- line vote last month. The first amendment we see emerging. sion on deployment has been made, un- makes clear that any deployment of a lim- We took great efforts in this process quote. Following the Senate passage of ited U.S. NMD system must be subject to the to bring the Russians in, to show them S. 257 earlier this year, the Secretary authorization and appropriations process, that this was not aimed against them. of State even sent a cable to our em- thereby underscoring that no deployment de- In fact, a number of our colleagues on bassies articulating this same opinion. cision has been made. The second amend- both sides of the aisle traveled with us I do not understand how anyone ment confirms that U.S. policy with regard to Moscow the week before the vote could look at this legislation objec- to the possible deployment of a limited NMD with the former CIA Director of the tively and arrive at the same conclu- system must take account of our objectives Clinton administration, Jim Woolsey, sion as the President and the Secretary with regard to arms control. With these im- provements, the administration informed with the former Secretary of Defense of State. This bill makes it clear that Senate leaders that it would accept S. 257 as and White House Chief of Staff, Donald the Nation is committed and is com- amended if it reaches the President’s desk in Rumsfeld, and with the former Deputy mitting to the deployment of a na- this form. On March 17, the Senate passed S. Secretary of State, Bill Schneider, and tional missile defense. 257 (as amended) in a rollcall vote, 97–3. H3432 CONGRESSIONAL RECORD — HOUSE May 20, 1999 Posts are authorized to draw upon the ma- amendments to the AMB Treaty that may be propriation process can somehow be in- terials contained herein in addressing this necessary to accommodate any U.S. limited terpreted as meaning the decision on matter. The text of S. 257, as passed by the NMD system. deployment has not yet been made. The second Senate amendment affirms the Senate is at paragraph 3. White House talk- Mr. SPENCE. Mr. Speaker, such an ing points prepared by the National Security Senate’s recognition that the arms control Council are at paragraph 4. The text of a dimension of the NMD deployment question interpretation is not correct. The bill’s statement by the President, released on must be taken into account. language neither states nor implies March 17, is at paragraph 5. As a result of these two amendments, the anything of the sort. In fact, all De- The text of S. 257 as passed by the Senate administration will accept S. 257 if it reaches partment of Defense programs are sub- is as follows: the President’s desk in its current form. ject to authorization and appropria- If asked—does this mean that the adminis- Be it enacted by the Senate and House of tion. Representatives of the United States of tration will hold NMD hostage to the ABM America in Congress Assembled, Treaty? This is a matter of current law in Section 1. Short title. The administration has articulated its both Titles 10 and 31 of the U.S. Code. This act may be cited as the National Mis- strong commitment to the ABM Treaty, It is a constitutional requirement. sile Defense Act of 1999’’. which it regards as a cornerstone of strategic Every weapon system we have de- Section 2. National Missile Defense Policy. stability. At the same time, the administra- ployed, bombers, missiles, tanks, fight- It is the policy of the United States to de- tion has also made clear that it will not give ers, ships and so on, goes through the ploy as soon as is technologically possible an Russia—or any other state—a veto over any authorization and the appropriation effective National Missile Defense System missile defense deployment decision that it capable of defending the territory of the believes is vital to our national security in- process. Deployment of these systems United States against limited ballistic mis- terests. is simply the manifestation of policies sile attack (whether accidental, unauthor- STATEMENT BY THE PRESIDENT that have been agreed upon to meet na- ized, or deliberate) with funding subject to I am pleased that the Senate, on a bipar- tional security requirements. the annual authorization of appropriations tisan basis, included in its National Missile Mr. WELDON of Pennsylvania. As and the annual appropriation of funds for na- Defense (NMD) legislation two amendments the original author of this legislation, tional missile defense. that significantly change the original bill, Section 3. Policy on reduction of Russian I fully agree. The administration has which I strongly opposed. By specifying that nuclear forces. now recognized the threat, as evi- It is the policy of the United States to seek any NMD deployment must be subject to the denced by the CIA, and when the Presi- continued negotiated reductions in Russian authorization and appropriations process, dent signs this bill, he will be commit- Nuclear Forces. the legislation now makes clear that no deci- sion on deployment has been made. By put- ting the Nation to the deployment of a Begin White House Points: national missile defense to meet that The administration made clear its strong ting the Senate on record as continuing to opposition to the Cochran NMD bill as it support negotiated reductions in strategic threat. emerged from the Armed Services Com- nuclear arms, the bill reaffirms that our mis- I would also state that in signing this mittee last month. The Presidents senior na- sile defense policy must take into account bill the President is indicating a com- tional security advisors recommended that our arms control objectives. mitment to use the funds he has budg- the bill be vetoed were it to reach the Presi- We are committed to meeting the growing eted for national missile defense only dent’s desk in that form. danger that outlaw nations will develop and for the execution of the policy he en- deploy long-range missiles that could deliver We are pleased that the Senate on two bi- acts and endorses by signing this legis- partisan votes, adopted two very important weapons of mass destruction against us and amendments to the bill and thereby signifi- our allies. Next year, we will, for the first lation. cantly improved it. time, determine whether to deploy a limited Mr. SPENCE. Mr. Speaker, I agree The first amendment makes clear that no national missile defense against these with the gentleman. The President has decision has been made to deploy a limited threats, when we review the results of flight budgeted $10.5 billion through fiscal NMD system. It does so by specifying that tests and other developmental efforts, con- year 2005 to support national missile any such decision must necessarily be sub- sider cost estimates, and evaluate the defense deployment. When the Presi- ject to the annual authorization and appro- threat. In making our determination, we will dent signs this bill, I believe it also re- priations process. also review progress in achieving our arms The President has not proposed that any control objectives, including negotiating any flects a commitment that these funds funds be authorized or appropriated in the amendments to the Arm Treaty that may be will be used to resolve the pro- FY2000 Defense Department budget for NMD required to accommodate a possible NMD de- grammatic issues, to establish the deployment. Whether he requests such funds ployment. technological feasibility of a national in FY 2000 (the first fiscal year in which the This week, the Russian Duma took an en- missile defense and, finally, to deploy a administration intends to address the de- couraging step toward obtaining final ap- national missile defense system. ployment question) will depend on the ad- proval of START II. We want to move ahead ministration’s assessment of the four fac- on the START III framework, which I nego- tors. Which it believes must be taken into tiated with President Yeltsin in 1997, to cut b 1500 account in deciding whether to field this sys- Russian and U.S. arsenals 80 percent from Mr. WELDON of Pennsylvania. Does tem: cold war levels, while maintaining the Arm the chairman believe that this bill in (1) Has the threat materialized as quickly Treaty as a cornerstone of strategic sta- as we now expect it will; bility. The changes made in the NMD bill any way conditions deployment of a (2) Has the technology been demonstrated during Senate debate ensure these crucial national missile defense system on fur- to be operationally effective; objectives will be fully taken into account as ther arms reductions with the Rus- (3) Is the system affordable; and we pursue our NMD Program. sians? (4) What are the implications of going for- Mr. Speaker, I agree with the gen- Mr. SPENCE. I do not. The section of ward with NMD deployment for our objec- this bill dealing with the arms reduc- tives with regard to achieving further reduc- tleman from South Carolina. We can- tions in strategic nuclear arms under not have a policy to deploy without a tion with the Russians is consistent START II and START III? commitment to deploy. with the current arms control policy The second amendment makes clear that In his letter the President also said, and only reflects Congress’ support for in pursuing our policy with regard to the de- and I quote, next year we will deter- continued negotiations. There is no ex- ployment of a limited NMD, we must also mine whether to deploy a limited na- plicit or implicit linkage in H.R. 4 be- take into account our objectives with regard tional missile defense, unquote. How- tween achieving arms control reduc- to securing continued negotiated reductions ever, when the President signs this bill tions and the commitment to deploy in Russian and U.S. nuclear forces. Through START II and START III, the into law, he will be committing the national missile defense. United States can realize the removal of up U.S. to deploy. When the President Mr. WELDON of Pennsylvania. I to an additional 8,000 Russian and U.S. stra- signs this bill, he is also committing agree with the chairman. Russia, or tegic nuclear warheads. These treaties are the Nation to deploy a national missile any other country, does not now have clearly in our national security interests. defense system as soon as techno- nor will it ever have a veto over our At the Helsinki Summit, Presidents-Clin- logically possible. The law is the law. Nation’s deployment of a national mis- ton and Yeltsin declared that the ABM Trea- I would also like to ask the gen- sile defense to protect our citizens. ty is of fundamental significance to the at- tainment of our objectives for START II and tleman from South Carolina if the Mr. SPENCE. I thank my friend and START III. President is correct in his view that colleague for his strong interest in In this context, it is crucial that the subjecting a national missile defense clarifying the record on this important United States negotiate in good faith any program to the authorization and ap- legislation. May 20, 1999 CONGRESSIONAL RECORD — HOUSE H3433 Mr. SKELTON. Mr. Speaker, I yield 3 set that goal and we followed it as a here is make our intentions and the minutes to the distinguished gen- country we set in means the creative meanings crystal clear. tleman from New Jersey (Mr. AN- resources of the country and we did Let me do so. This bill commits the DREWS). achieve it. I believe the same thing will United States to deploy an effective (Mr. ANDREWS asked and was given and can happen here. national missile defense system as soon permission to revise and extend his re- It is for those reasons that I would as is technologically possible. If the marks.) urge both Republican and Democratic President disagrees with this position, Mr. ANDREWS. Mr. Speaker, I rise in colleagues to support this piece of leg- if he truly believes that we should support of the underlying amendments islation. leave our citizens vulnerable to missile and the underlying bill as well. I thank Mr. SPENCE. Mr. Speaker, I yield 3 attack, he should show the character of and congratulate the gentleman from minutes to the gentleman from Texas a true leader and say so, without dis- South Carolina (Mr. SPENCE), the (Mr. ARMEY), the majority leader. assembling, without equivocation, chairman, and the gentleman from Mr. ARMEY. Mr. Speaker, I thank without seizing on nonexistent loop- Missouri (Mr. SKELTON), the ranking the gentleman from South Carolina for holes. He should veto the bill. member, and in particular my col- yielding me this time. If, on the other hand, he signs the leagues the gentleman from Pennsyl- Mr. Speaker, just a few days after bill, we can, by rights, conclude that he vania (Mr. WELDON) and the gentleman Congress first enacted this legislation, agrees with the plain English meaning from South Carolina (Mr. SPRATT) for or acted on this legislation, the State of the bill and that is that the United their efforts in this behalf. Department sent an internal cable to States is committed to deploy a na- At a time of multiplying chaos in the our embassies abroad instructing them tional missile defense as soon as is world, this bill gives us a measure of to explain away the President’s sup- technologically possible. certainty. The sources of chaos are port for the bill. I will close with this: The President’s technological as new weapons systems That cable, which Mr. Weldon just endorsement of this language, what- and new instruments of terrorism pro- placed in the RECORD, told these em- ever his private feelings on it, is a trib- liferate every day. The sources of chaos bassies to say, in effect, even though ute to the vast public support that now are political as new states are imposed Congress has passed and the President exists for national missile defense. It upon ancient religious and ethnic rival- has endorsed legislation committing shows that the debate that Ronald ries. The only thing that is certain in America to deploy a national missile Reagan started in 1983 has now been de- our political evaluation is that there defense, do not worry because the cisively won by those who believe that will be more chaos in the years to President intends to use loopholes to the American people need a defense come. The certainty that is behind this deny that commitment. that defends. I am very proud that today we are bill is that we are making a decision In this way, the Clinton State De- taking this important step to defend for certain as a Congress that it will be partment sought to comfort foreign the American people from missile at- the policy of this country to deploy governments who feared that we might tack. I am very proud that in this age and defend ourselves in the very best render their offensive missile programs of high technology we can use that way we can with a national missile de- harmless and obsolete. technology to give our children that fense system. Just what are the alleged loopholes which is better than what they have The arguments against this bill are the President was to seize upon? Be- had, the technology of the 1950s of duck diplomatic, economic and strategic. I cause the bill says that funds for mis- sile defense are subject to annual ap- and cover. find each of the arguments lacking. Mr. SKELTON. Madam Speaker, I propriations and authorization, the The diplomatic argument against this yield 3 minutes to the distinguished President thinks he can sign it without bill is that it will somehow destabilize gentleman from Maine (Mr. ALLEN). the world. really committing to protect our citi- Mr. ALLEN. Madam Speaker, I thank I think the greatest source of desta- zens from missile attack. the gentleman from Missouri (Mr. This is, of course, ludicrous. The en- bilization is the risks that an acci- SKELTON) for yielding me this time. dental or rogue launch could plunge tire Defense Department is subject to Madam Speaker, I rise in opposition the nuclear powers of the world into an annual appropriations. Much of the to this legislation. There were many irreversible course of mutual destruc- Federal Government is. Those words reasons to vote against the original tion. I think a viable defense system is merely restate the obvious. They do House bill, H.R. 4. There are even more an instrument of stability, not insta- not add or detract any significant reasons to vote against the bill as bility. meaning from the bill. amended by the Senate. For those who raise economic objec- When John F. Kennedy committed to H.R. 4 provided that it is the policy tions to this bill, yes, it is expensive. America to land a man on the Moon in of the United States to deploy a na- Yes, every dollar of taxpayers’ money his decade, that commitment was no tional missile defense. I opposed all 15 that we spend must be spent carefully, less real because the money for the words of H.R. 4 because of what it did but it is important to understand the space program had to be appropriated not say. It failed to acknowledge how narrow scope of the expenditure that is each year. Neither is this commitment. much national missile defense would before us. In this year’s budget, for ex- The President is seizing on this lan- cost, whether it would undermine arms ample, about one nickel out of every guage to conceal that he and his party control and whether a national missile $100 that we spend as a government have been forced to flip-flop on missile defense would actually work. On the will be dedicated to this purpose. One defense. After over a decade spent op- other hand, the authors of H.R. 4, the nickel out of every $100 is, in my judg- posing missile defense, they have been gentleman from Pennsylvania (Mr. ment, a prudent and sound investment mugged by reality. The reality of a WELDON) and the gentleman from for the defense of the country. North Korean ICBM test, the South- South Carolina (Mr. SPRATT), saw vir- For those who raise strategic objec- west Asia arms race, the Ayotollah’s tue in what it did not say. tions, I would simply say that every missile program, the theft of our nu- As I look at the Senate amendment, strategic instrument that is possible to clear secrets by Communist China, and I think that the gentleman from Penn- be at our disposal should be so. the spread of missile technology sylvania (Mr. WELDON) and the gen- Will this succeed today techno- around the globe. tleman from South Carolina (Mr. logically? Of course not, but we cannot Once the cable to Moscow and Beijing SPRATT) have a point. succeed technologically, we cannot and elsewhere came to light, we consid- The Senate’s version says that it is reach the goal technologically until we ered trying to rewrite the bill but then the policy of the United States to de- have the goal. we realized, what would be the point. If ploy, as soon as technologically pos- When President Kennedy in the early the President and his aides can so ab- sible, an effective national missile de- sixties said we would get to the Moon surdly misconstrue even the most in- fense system. As soon as techno- as the first country in the world that nocuous language, then there are no logically possible, what does that would do so, it was impossible techno- words that might have fixed meaning mean? One test? Two tests? A really logically at that time, but because he for this administration. All we can do good simulation? H3434 CONGRESSIONAL RECORD — HOUSE May 20, 1999 There is a huge difference between that is a much more dangerous place, a smuggled nuclear weapons, while we technologically possible and techno- world in which we face threats from spend billions over here to make the logically viable, or technologically re- rogue nations like Iran and Iraq and defense contractors happy who have liable. We should not commit to deploy North Korea. The threat of unauthor- yet to conduct a successful defense test until a system is fully and successfully ized, or intentional or unintentional after spending nearly $50 billion. demonstrated. Rushing deployment ballistic missile attack is a very real So what is the solution? Hurry up leaves us vulnerable to failure. one. This bill addresses that threat and deploy it. Deploy what? The phan- This bill may only be a national mis- that we face. tom system against the phantom men- sile defense policy statement but it The people of our country do not re- ace. sets us on a slippery slope. Hit-to-kill alize that we are defenseless against a This is real life; it is not a movie. We technology has only succeeded in 5 of nuclear missile attack. They do not re- have to make tough choices. Are we 19 intercept tests. Now to be sure, some alize that a missile launched from going to defend America against real of those failures are in the booster North Korea would take a mere 23 min- threats? Are we going to fund pay phase and people believe they can be utes to reach the continental United raises for the young men and women in corrected, but if we have another States. In fact, it would take only 32 the military? Or are we going to throw THAAD, which has failed on all six minutes for that missile to reach my more billions after billions in a failed flight tests, we should not deploy NMD. home district in Texas. These figures dream, a dream of Ronald Reagan For other major defense systems, we are startling, but it does reinforce the which was put forward back in the fly before we buy; but for NMD, how- fact that we must take steps today to 1980s, an impenetrable shield above the ever, we are buying before we fly, and defend ourselves against this threat. United States? that is not right. I join with the many colleagues in We all know that even if this thing The U.S. should decide to deploy a this House who are supporting this leg- works, we can bring in a submarine and national missile defense not today but islation today, because we believe that launch under it, or terrorists certainly only if it is tested rigorously and prov- our country has no choice but to make can smuggle in a nuclear weapon. This en to work; only if it does not under- this investment in our defense. This does not defend the United States mine overall U.S. national security, by bill requires that the system be de- against real threats. jeopardizing mutual nuclear reductions ployed only after it is determined to be I say to my colleagues, do not, do not and the ABM treaty, and only if it is technologically possible to implement do this. Do not destabilize the ABM needed as a cost effective defense avail- such a system. That is the right way to Treaty. Do not waste our precious re- able against nations with ballistic mis- proceed, and I am very confident that sources, and do not give people a false siles. sense of security while we are letting Let me provide some perspective on our military and the scientists of our real threats go unchallenged. Vote this Congress’ approach to national se- country will have the ability to put ‘‘no.’’ curity. This bill rushes to deploy an such a system in place. Mr. SKELTON. Madam Speaker, I unproven national missile defense to We stand here today united in an ef- yield 3 minutes to the distinguished defend against an ill-defined future fort to defend our country against threats that we have to face in today’s gentleman from Ohio (Mr. TRAFICANT). threat. Yet this House recently refused (Mr. TRAFICANT asked and was to support the deployment of our men world. I am confident that this bill will given permission to revise and extend and women in uniform to save lives and do the job, and I urge all of my col- leagues to join in supporting H.R. 4. his remarks.) bring peace to the Balkans. Mr. TRAFICANT. Madam Speaker, it Madam Speaker, in the Middle Ages b 1515 reminds me of the patent chief com- the king would command the alchemist Mr. SKELTON. Madam Speaker, I menting about the invention of the to turn lead into gold but no amount of yield 2 minutes to the distinguished telephone who said, who is kidding money or political will could turn lead gentleman from Oregon (Mr. DEFAZIO). into gold. Unlike alchemy, national whom about this rip-off? Anybody that Mr. DEFAZIO. Madam Speaker, I missile defense may work some day but believes that two Americans will be thank the gentleman for yielding me we cannot deny that there is more to able to speak through a wire across this time. national missile defense than wishing town is trying to steal your money. It is particularly ironic that we are I say to my colleagues, I support this it into existence. Please defeat this having the debate this week with the bill. I support this chairman, the rank- bill. Mr. SKELTON. Madam Speaker, may release of the latest Star Wars movie. ing member, and I support the distin- I inquire as to how much time remains We might title this ‘‘Star Wars, the guished Members who are responsible on each side? Phantom Solution,’’ because that is for bringing it. We cannot protect The SPEAKER pro tempore (Mrs. what this is. This is a phantom solu- America any longer with a Neighbor- EMERSON). The gentleman from Mis- tion. Hitting a bullet with a bullet in hood Crime Watch, and I am not just souri (Mr. SKELTON) has 19 minutes re- outer space to intercept a North Ko- concerned about rogue action. maining and the gentleman from South rean missile. If my colleagues have seen the latest Carolina (Mr. SPENCE) has 14 minutes Now, let us think about it a minute. report of a classified Pentagon release, remaining. North Korea has not yet built the mis- China has developed a super missile Mr. SKELTON. Madam Speaker, I sile, it has not been successfully tested, that has been labeled by the Pentagon yield 2 minutes to the distinguished but they might build one or two and ‘‘invincible.’’ Invincible. They have gentleman from Texas (Mr. TURNER). put warheads on them. Well, one thing seen nothing like it. Now, what infuri- Mr. TURNER. Madam Speaker, I rise that works in our arsenal of the anti- ates me is the report further goes on to today in support of H.R. 4. I was ballistic missile defense is the radar. say it is American tax dollars that pleased to be a cosponsor of the origi- We can track the warheads. Guess built it, with a $60 billion trade surplus nal legislation sponsored by the gen- what? The second they shoot some- China enjoys now. But what really tleman from Pennsylvania (Mr. thing at us, we will know. Guess what? frosts me, the report goes on to say WELDON), the chairman of the Sub- We have thousands of nuclear warheads that the design of the invincible mis- committee on Military Research and with which to retaliate if they have sile is basically the design that was Development of the Committee on shot at us. Will they do that? No. stolen from America. Armed Services that I serve on. This is not a real threat to the We have a problem. We have a major I want to thank the gentleman from United States of America, single mis- problem. And to those naysayers, let Pennsylvania (Mr. WELDON) for his siles launched that could be tracked me say this. Our number one duty is to leadership, as well as the gentleman back to their source. Any nut who is secure the national security, to protect from South Carolina (Mr. SPENCE) and going to attack the United States with your citizens and my citizens, in your the gentleman from Missouri (Mr. weapons of mass destruction is going towns, in my town, in every town of SKELTON), for their work. to do it in an undetectable manner, and the United States of America. And This bill recognizes the reality of the yet we are doing nothing to deal with with all of the technology we have, I world in which we live today, a world bioterrorism, chemical terrorism, want to compliment the wisdom of the May 20, 1999 CONGRESSIONAL RECORD — HOUSE H3435 leaders here, we can intercept their the aisle, we have plussed up funding in conference and with all the gravity he missile. Invincible, my ascot. the area of weapons of mass destruc- can bring as the Vice President, he will Madam Speaker, I want to close out tion and cyber terrorism to a higher say that we now have to deploy a na- by saying the stealing of our secrets amount than the administration has tional missile defense system. should be investigated, and let the ever requested. Well, I want to let the President chips fall where they may. I want to We did not do that one year, we did it know, if the President is listening, and know how China got access to these se- all five years. We have given this ad- I would say to my colleagues I want to crets. Second of all, the President and ministration money that they did not let the President know through them Congress better come together and pro- ask for to deal with the threats of a that we see through that facade. We vide for an umbrella of security for this terrorist device, the threats of coming are not going to stand here today and Nation. It may not be a total, 100 per- through our ports. We take that threat pass this bill and make this change, cent fail-safe program, but by God, our very seriously, and we are dealing with and have the President or the Vice military has done quite well on inter- it. So when the gentleman says that we President plan some kind of a political cepting foreign missiles. do not care or we are not concerned event a year from now so that they can Mr. SPENCE. Madam Speaker, I about other threats, he is totally mis- enhance their standing in the polls. yield 5 minutes to the gentleman from informed or just has not gotten the lat- This bill means that when this Presi- Pennsylvania (Mr. WELDON). est brief. dent signs it, the policy to deploy on (Mr. WELDON of Pennsylvania asked Let me say at this point I want to ac- behalf of this country is today. and was given permission to revise and knowledge the intellectual honesty of I thank my colleagues and the lead- extend his remarks.) the gentleman from Maine (Mr. ership in both parties for supporting Mr. WELDON of Pennsylvania. ALLEN). He came down to the well and this momentous piece of legislation. Madam Speaker, I thank my distin- in a very intellectually honest way op- Mr. SKELTON. Madam Speaker, I guished chairman for yielding me this posed what we are doing. I respect him yield 4 minutes to the distinguished time. for that. I respect the other 105 Mem- gentleman from Texas (Mr. REYES). I just want to again clarify for the bers of this body, 104 Members, 102 Mr. REYES. Madam Speaker, I thank record that the gentleman who spoke Democrats and two Republicans, who the gentleman for yielding me this earlier made the point that North voted against what we are doing, be- time. Korea has not yet built a missile. Well, cause intellectually they are being I rise today in support of this bill, al- if the gentleman would go talk to pure. though somewhat reluctantly. As an George Tenet or Bob Walpole at the What I really have a problem with original cosponsor of H.R. 4 and a long- CIA, he could receive a classified brief- are those Members in the other body time proponent of national missile de- ing where they are now publicly saying who want to have cover; who have con- fense, I want to be supportive of this that North Korea on August the 31st sistently opposed missile defense but bill. However, I have several concerns fired the Taepo Dong 1 missile. Maybe then came up with nonsensical amend- that I must express on the floor today. he does not believe the CIA, and that is ments to now say they are for missile Like many of my colleagues, I sup- something that I cannot comment on. defense. The gentlewoman from Cali- ported this bill as originally drafted, Mr. DEFAZIO. Madam Speaker, will fornia, one of the Senators from Cali- both for what it said and for what it the gentleman yield? fornia who has consistently opposed did not say. That bill did not say when Mr. WELDON of Pennsylvania. I missile defense, with these amend- a national missile defense system must yield to the gentleman from Oregon. ments now says she can support this be deployed, how a national missile de- Mr. DEFAZIO. Madam Speaker, I was bill. That is outrageously simplistic fense system must be deployed, nor at the so-called classified briefing and it is not being intellectually hon- where a national missile defense sys- which was conducted by people who are est. I would rather have those Members tem would be deployed. It did not in- consultants for defense contractors, do like the gentleman from Maine (Mr. clude extra provisions that are not suf- and actually, subsequently it has ALLEN) and oppose the bill because ficiently defined, like ‘‘technologically turned out the test was not entirely they oppose the policy. possible.’’ Our bill also did not include successful, despite their protestations We just disagree. Let me say this, language that could upset our col- at that time. Madam Speaker. We passed this bill leagues in the Duma, something that is Mr. WELDON of Pennsylvania. overwhelmingly in the House. The Sen- very important to us as we move to- Madam Speaker, reclaiming my time, ate passed a bill that we are consid- wards better relations with Russia. if the gentleman would talk to Bob ering today overwhelmingly in the The Senate version which we are now Walpole, who is our CIA expert on stra- Senate. The President then came out being forced to take or leave today tegic threats, the test itself shows that and issued this letter that is now a part states that it is the policy of the North Korea now, in the minds of our of the Record where he said we will United States to seek continued nego- intelligence community, can, in fact make the decision in a year. tiated reductions in Russian nuclear fire a three-stage Taepo Dong 1 missile Now, what is he saying? In a year we forces. I understand the need to con- with a light payload that would hit a will decide whether or not the threat tinue negotiating with the Russians, city in the U.S. has changed. Well, Madam Speaker, his because that is the issue with the re- Now, what they say is it will not be own CIA is saying the threat is here duction in nuclear forces. However, accurate. They may aim for St. Louis today. It is not going to change a year traditionally, negotiations have in- and hit Dallas, but if one lives in Dal- from now. It is already here. He is say- cluded both reductions between the So- las, does it really matter that it is not ing that we will have to evaluate the viet Union and between the United accurate? The point is that the gentle- cost. He has already requested $10.5 bil- States. The Senate language could be man’s CIA agents and his own adminis- lion in his five-year budget. So why perceived by the Duma as an insult be- tration have now said publicly that would the President then want to wait cause it includes only a reduction in North Korea has the capability today. a year after we are making a policy de- their forces and it does not address re- Second point, he mentioned that we cision today? ductions in ours. are not dealing with other threats. I hate to say this because this has Another concern is aimed directly at Again, I would ask the gentleman, al- been a totally bipartisan effort, and I the other body as a whole. Many of us though since he has left the floor I can- applaud my colleagues on the other were under the impression that we not ask him personally, if he would side for their leadership, because with- would have the opportunity to go to comment on our past five defense au- out that we probably would not be here conference with the Senate and work thorization bills, because in each of today. But I can tell my colleagues on a compromise between those two those bills with the leadership of the why I think the President is saying bills. Instead, the Senate simply chose gentleman from Missouri (Mr. SKEL- postpone it for a year. He wants to give to retain only our bill number and re- TON), along with the leadership of the Vice President GORE a major campaign turn the bill to us with their language. gentleman from South Carolina (Mr. appearance where, in the middle of the As I noted, I have been a long time SPENCE) and Members on both sides of spring of next year, he will hold a press supporter of national missile defense. H3436 CONGRESSIONAL RECORD — HOUSE May 20, 1999 Some critics of deploying a national ministration will go in an effort to re- I would also like to take a moment to thank missile defense system argue that the sist our efforts to defend our people. the gentleman from Pennsylvania for his tire- technology is not proven. National Back when the bill was vetoed in less work and leadership on this critical issue. missile defense will use hit-to-kill 1996, the administration had a politi- It is rare that one individual can make such a technology. It is like hitting a bullet cized intelligence estimate put out by difference on behalf of his country. The bipar- with a bullet. the CIA, the national intelligence esti- tisan support for this measure is a tribute to Recently, another one of DOD’s hit- mate. It goes in part like this: Aside his hard work and dedication to protecting the to-kill missile defense programs, the from the declared nuclear powers, it American people from a clear and imminent PAC–3, showed that this technology will be 10 years before any rogue Na- threat. can work. I repeat, this technology can tion can develop the capability to I strongly urge my colleagues to support this and does work. The PAC–3 interceptor threaten this country with missile at- vital measure. successfully destroyed the target over tacks. Mrs. FOWLER. Mr. Chairman, I rise in White Sands Missile Range in New When I saw that, I said, my gosh, strong support of this bill. Mexico this past March. what about the declared nuclear pow- It is imperative that we move forward to I know that perfecting national mis- ers? Are they not a threat? They were counter the growing ballistic missile threat. sile defense technology will be more just brushed aside. And what about the Today our nation has absolutely no ability difficult than for the PAC–3. However, fact that a Nation which does not have whatsoever to shoot down an incoming bal- I just want to make sure that all of my a capability can simply purchase a ca- listic missileÐeven one fired by accident. colleagues in this House understand pability from someone else? They do Meanwhile, rogue and terrorist states like that the Army has proven the hit-to- not have to develop their own capa- North Korea and Iran are committing signifi- kill concept. bility themselves from scratch, we say, cant resources towards the development of I also want to reiterate what my they can buy it. these weapons. Last August, North KoreaÐ good friend CURT WELDON said earlier. So I called up the Director of the CIA notwithstanding the severe famine now going THAAD is not a failure. Again, THAAD at that time in an effort to get him to on thereÐlaunched a three-stage ballistic mis- is not a failure. THAAD has accom- issue a clarifying estimate that was sile, demonstrating an ability to threaten plished 28 of its 30 milestones. Every not misleading to the American people, United States territory for the first time. Like- time THAAD has failed to intercept because the American people had been wise, Iran is actively seeking long-range mis- the target missile, it has done so, but lulled into a false sense of security. siles that could threaten our nation. has shown that the failure was due to a Well, the result was that the Director This bill reflects the Congress's bipartisan low-tech problem. These problems with refused to change the estimate reflect- concern about this situation, and expresses the THAAD have been quality control ing those things, so we had to appoint the belief that all Americans should be pro- issues, not design defects. an outside commission, a bipartisan We need to show our support of na- outside commission of intelligence ex- tected against this very real threat. It will make tional missile defense and move for- perts, to assess the threat and report it the policy of the United States to deploy a ward with a program as quickly as we back to Congress of what their findings national missile defense system to defend can. As such, I will support this bill might be. against a limited attack as soon as techno- today and I also urge all of my col- They reported back and they con- logically possible. I urge my colleagues to support this bill. leagues to do so. It is vital to the secu- firmed what we had said. Instead of 10 Mr. FARR of California. Mr. Speaker, I im- rity of this Nation that we move for- years to develop a capability, we would plore my colleagues to not commit the United ward on this issue today. have little or no warning, according to Mr. SPENCE. Madam Speaker, I re- this report. States to a flawed policy with a flawed proc- serve the balance of my time. On the part about taking 10 years to ess. Mr. SKELTON. Madam Speaker, I develop a capability, they confirmed It is a flawed policy to commit the United yield myself the balance of my time to what we said by giving an example of States to a missile defense policy that hasn't merely say that much has changed how China sold, intact, a mobile inter- been proven technologically feasible. since the Strategic Defense Initiative continental ballistic missile system to The chairman of the Joint Chiefs of Staff, debate was born some 16 years ago, and another country. This other country one of our nation's highest military leaders, a lot has changed since last year. So I becomes nuclear-capable overnight by said ``the simple fact is that we do not yet ask all of the Members, Madam Speak- simply buying the system. have the technology to field a national missile er, to approach this bill, H.R. 4, as This is just one example of what we defense.'' amended, with an open mind, as a have had to do along this line to get us It is a flawed policy to commit the United good-faith effort to establish a bipar- to this place today. I hope that we are States to a missile defense policy with an tisan consensus on defending America. on our way now with the passage of open-ended price tag. I intend to vote for it. I urge all of my this legislation. I pray that it is, and I Since 1962 we have spent $120 billion to colleagues to do the same. pray that it is in time, and that we can develop missile defense system. Madam Speaker, I yield back the bal- develop a defense before we are actu- We paid $67 billion for the failed ``Star ance of my time. ally faced with an attack. Wars'' initiative. Mr. HASTERT. Mr. Speaker, I rise in strong In the last 10 years we have put some $40 b 1530 support of H.R. 4 which states that it is the million into the program. Mr. SPENCE. Madam Speaker, I policy of the United States to deploy a national At $4.2 billion this year, missile defense is yield myself such time as I may con- missile defense. I am convinced that this the largest single weapons program in the de- sume. We should not have to be here measure should and will pass by a large bi- fense budget. today. People cannot understand the partisan majority. I am also convinced that the What about our other defense priorities? frustrations we have had over a long President of the United States will sign this im- It is a flawed policy to maintain a defense period of time in having to literally portant piece of legislation. In doing so the posture at the expense of all other domestic fight our own government to protect President will make a historic decision, a deci- priorities. our own people. sion to protect the United States and its peo- We have not yet saved Social Security, we I will just go back to recent history. ple from the grave threat of missile attack. have not reduced class size, we have not pro- In 1996 we provided for national missile Today the United States faces these threats vided for health care for all Americans. defense for our people, to protect our defenseless, unable to stop even a single mis- In our zeal to protect our democracy we are people from missile attack. The Presi- sile launched at the United States. And yet actually jeopardizing our democracy by failing dent vetoed that legislation. We have there are dark clouds on the horizon. Coun- to protect our domestic tranquility. been trying time and time again since tries like North Korea and Iran are moving I urge the defeat of H.R. 4. that time. No one could imagine the ahead undaunted with weapons of mass de- Mr. SPENCE. Madam Speaker, I hoops we have had to jump through in struction programs, including intercontinental yield back the balance of my time. an effort to force our government to ballistic missiles. The United States and the The SPEAKER pro tempore (Mrs. protect our own people. American people are at risk now, and H.R. 4 EMERSON). Pursuant to House Resolu- One example, just for the RECORD, to states clearly that we must do something to tion 179, the previous question is or- show the extent to which our own ad- respond to these threats. dered. May 20, 1999 CONGRESSIONAL RECORD — HOUSE H3437 The question is on the motion offered Miller, Gary Roemer Stenholm Mr. ROGERS. Madam Speaker, on rollcall Mink Rogan Stump by the gentleman from South Carolina Mollohan Rohrabacher Stupak No. 144, I was unavoidably detained. Had I (Mr. SPENCE). Moore Ros-Lehtinen Sununu been present, I would have voted ``yea.'' The question was taken; and the Moran (KS) Rothman Sweeney Mr. DEUTSCH. Madam Speaker, on rollcall Speaker pro tempore announced that Moran (VA) Roukema Talent No. 144, I was unavoidably absent from the Morella Roybal-Allard Tancredo the ayes appeared to have it. Murtha Royce Tanner Chamber. Had I been present, I would have Mr. SPENCE. Madam Speaker, I ob- Myrick Rush Tauscher voted ``yea.'' ject to the vote on the ground that a Nethercutt Ryan (WI) Tauzin Mr. ROGERS. Madam Speaker, I was un- Ney Ryun (KS) Taylor (MS) avoidably detained for rollcall vote No. 144, quorum is not present and make the Northup Sanchez Taylor (NC) point of order that a quorum is not Norwood Sandlin Terry agreeing to the Senate amendment to H.R. 4, present. Nussle Sanford Thompson (CA) a bill declaring United States policy of the de- Ortiz Saxton Thompson (MS) ployment of a national missile defense system. The SPEAKER pro tempore. Evi- Ose Scarborough Thornberry dently a quorum is not present. Oxley Schaffer Thune If I had been present, I would have voted The Sergeant at Arms will notify ab- Packard Scott Thurman ``aye.'' sent Members. Pallone Sensenbrenner Tiahrt I am a strong supporter of this legislation Pascrell Serrano Toomey The vote was taken by electronic de- and voted for the original measure when the Paul Sessions Traficant House of Representatives earlier considered it vice, and there were—yeas 345, nays 71, Pease Shadegg Turner not voting 18, as follows: Peterson (MN) Shaw Udall (CO) this year. Peterson (PA) Shays Upton f [Roll No. 144] Petri Sherman Visclosky YEAS—345 Phelps Sherwood Walden GENERAL LEAVE Pickering Shimkus Wamp Abercrombie Davis (IL) Hostettler Pitts Shows Watkins Mr. SPENCE. Madam Speaker, I ask Ackerman Davis (VA) Houghton Pombo Shuster Watts (OK) unanimous consent that all Members Aderholt Deal Hoyer Pomeroy Simpson Weldon (FL) may have 5 legislative days within Andrews DeLauro Hulshof Porter Sisisky Weldon (PA) which to revise and extend their re- Archer DeLay Hunter Portman Skeen Weller Armey Diaz-Balart Hutchinson Price (NC) Skelton Wexler marks on H.R. 4. Bachus Dickey Hyde Pryce (OH) Smith (MI) Weygand The SPEAKER pro tempore (Mrs. Baker Dicks Inslee Quinn Smith (NJ) Whitfield EMERSON). Is there objection to the re- Ballenger Dingell Isakson Radanovich Smith (TX) Wicker Barcia Dixon Istook Rahall Smith (WA) Wilson quest of the gentleman from South Barr Dooley Jackson-Lee Ramstad Snyder Wise Carolina? Barrett (NE) Doolittle (TX) Regula Souder Wolf There was no objection. Bartlett Doyle Jefferson Reyes Spence Wynn f Barton Dreier Jenkins Reynolds Spratt Young (AK) Bass Duncan John Riley Stabenow Young (FL) PERMISSION FOR COMMITTEE ON Bateman Dunn Johnson (CT) Rodriguez Stearns Becerra Edwards Johnson, E. B. APPROPRIATIONS TO HAVE Bentsen Ehrlich Johnson, Sam NAYS—71 UNTIL MIDNIGHT, FRIDAY, MAY Bereuter Emerson Jones (NC) Allen Filner Obey 21, 1999, TO FILE A PRIVILEGED Berkley Engel Kanjorski Baird Gutierrez Olver REPORT ON AGRICULTURE, Berman English Kasich Baldacci Hinchey Owens Berry Etheridge Kelly Baldwin Holt Pastor RURAL DEVELOPMENT, FOOD Biggert Everett Kennedy Barrett (WI) Hooley Payne AND DRUG ADMINISTRATION, Bilbray Ewing Kildee Blumenauer Jackson (IL) Pelosi Bishop Fletcher Kind (WI) AND RELATED AGENCIES APPRO- Bonior Jones (OH) Rangel PRIATIONS BILL, 2000 Blagojevich Forbes King (NY) Brady (PA) Kaptur Rivers Bliley Ford Kingston Brown (OH) Kilpatrick Sabo Mr. YOUNG of Florida. Madam Blunt Fossella Kleczka Capuano Kucinich Sanders Speaker, I ask unanimous consent that Boehlert Fowler Klink Carson Lee Sawyer Boehner Franks (NJ) Knollenberg Clay Lewis (GA) Schakowsky the Committee on Appropriations may Bonilla Frelinghuysen Kolbe Clayton Lofgren Slaughter have until midnight, Friday, May 21, Bono Frost Kuykendall Conyers Luther Strickland Borski Gallegly LaFalce 1999, to file a privileged report on a bill Coyne Markey Tierney making appropriations for agriculture, Boswell Ganske LaHood DeFazio McDermott Udall (NM) Boucher Gejdenson Lampson DeGette McGovern Velazquez rural development, Food and Drug Ad- Boyd Gekas Lantos Delahunt McKinney Vento ministration, and related agencies pro- Brady (TX) Gephardt Larson Doggett Meeks (NY) Waters grams for fiscal year ending September Brown (FL) Gibbons Latham Ehlers Miller, George Watt (NC) Bryant Gilchrest LaTourette Eshoo Minge Weiner 30, 2000, and for other purposes. Burr Gillmor Lazio Evans Nadler Woolsey The SPEAKER pro tempore. Is there Burton Gilman Leach Farr Neal Wu objection to the request of the gen- Buyer Gonzalez Levin Fattah Oberstar Callahan Goode Lewis (CA) tleman from Florida? Calvert Goodlatte Lewis (KY) NOT VOTING—18 There was no objection. Camp Goodling Linder Bilirakis Largent Salmon The SPEAKER pro tempore. All Campbell Gordon Lipinski Brown (CA) McNulty Stark points of order are reserved on the bill. Canady Goss LoBiondo DeMint Moakley Thomas Cannon Graham Lowey f Deutsch Napolitano Towns Capps Granger Lucas (KY) Foley Pickett Walsh Cardin Green (TX) Lucas (OK) PERMISSION FOR COMMITTEE ON Frank (MA) Rogers Waxman Castle Green (WI) Maloney (CT) APPROPRIATIONS TO HAVE Chabot Greenwood Maloney (NY) b 1555 UNTIL MIDNIGHT, FRIDAY, MAY Chambliss Gutknecht Manzullo 21, 1999, TO FILE A PRIVILEGED Chenoweth Hall (OH) Martinez Mr. BAIRD and Mr. RANGEL Clement Hall (TX) Mascara changed their vote from ‘‘yea’’ to REPORT ON LEGISLATIVE Clyburn Hansen Matsui ‘‘nay.’’ BRANCH APPROPRIATIONS BILL, Coble Hastert McCarthy (MO) 2000 Coburn Hastings (FL) McCarthy (NY) Mr. HOBSON changed his vote from Collins Hastings (WA) McCollum ‘‘nay’’ to ‘‘yea.’’ Mr. YOUNG of Florida. Madam Combest Hayes McCrery So the motion was agreed to. Speaker, I ask unanimous consent that Condit Hayworth McHugh The result of the vote was announced the Committee on Appropriations may Cook Hefley McInnis Cooksey Herger McIntosh as above recorded. have until midnight, Friday, May 21, Costello Hill (IN) McIntyre A motion to reconsider was laid on 1999 to file a privileged report on a bill Cox Hill (MT) McKeon the table. making appropriations for the Legisla- Cramer Hilleary Meehan Crane Hilliard Meek (FL) Stated for: tive Branch for the fiscal year ending Crowley Hinojosa Menendez Mr. THOMAS. Madam Speaker, I was not September 30, 2000, and for other pur- Cubin Hobson Metcalf present for the vote concurring in the Senate poses. Cummings Hoeffel Mica amendment to H.R. 4. The National Missile The SPEAKER pro tempore. Is there Cunningham Hoekstra Millender- Danner Holden McDonald Defense Act. If I had been present I would objection to the request of the gen- Davis (FL) Horn Miller (FL) have voted ``yea.'' tleman from Florida? H3438 CONGRESSIONAL RECORD — HOUSE May 20, 1999 There was no objection. priations bill. It is our expectation eryday life, to return individuals with The SPEAKER pro tempore. All that on Wednesday we will be able to disability to function. points of order are reserved on the bill. do Legislative Branch Appropriations, The American Occupational Therapy f the Education Land Grant, and USTR- Association has a motto that expresses Customs. On Thursday, we would begin it so very well. ‘‘Occupational Therapy: LEGISLATIVE PROGRAM work on DOD authorization. Skills for the Job of Living.’’ (Ms. DELAURO asked and was given If the gentlewoman would continue In Texas and across the Nation, we permission to address the House for 1 to yield, I should encourage Members recently recognized contributions of minute.) to anticipate that we may be working this important profession with an offi- Ms. DELAURO. Madam Speaker, I later into the evenings on these eve- cial designation of Occupational Ther- rise to inquire about next week’s nings next week. As our past experi- apy Month. Our therapists help those schedule. ence tells us, when we enter appropria- whose lives are dramatically impacted Madam Speaker, I yield to the gen- tions season and we begin to consider by injury or stroke. They help people tleman from Texas (Mr. ARMEY) for an these bills under the 5-minute rule, return to work and resume their place explanation of the schedule for next they may oftentimes take longer days in the community. They work in the week. than other legislative business under aid and development of children. They b 1600 more time-constrained rules. assist parents in developing and im- Mr. ARMEY. Madam Speaker, I Ms. DELAURO. Madam Speaker, the proving the skills necessary to partici- thank the gentlewoman for yielding. majority leader anticipated my ques- pate in school, work, play, or leisure Madam Speaker, I am pleased to an- tion in wanting to know if there were activities. nounce that we have concluded legisla- going to be any late nights next week. My wife, Libby, has had an oppor- tive business for the week. The House So we should anticipate late nights tunity to see firsthand the incredible will not be in session on Friday, May next week. work that our occupational therapists 21. And a final question: I do not see on perform to improve the quality of life The House will next meet on Monday, the agenda listed out for next week for individuals with disabilities. I join May 24, at 12:30 p.m. for morning hour anything about campaign finance re- in recognizing the significant benefits and at 2 o’clock p.m. for legislative form on the schedule. Does the gen- of occupational therapy for Americans business. We will consider a number of tleman from Texas know when we from childhood to old age and salute bills under suspension of the rules, a might be able to expect any action on the efforts of our occupational thera- list of which will be distributed to all that issue? pists across the country. Members’ offices. Members should note Mr. ARMEY. Madam Speaker, again, f that we expect votes after 6 o’clock I thank the gentlewoman for her in- quiry. And if the gentlewoman would ADJOURNMENT TO MONDAY, MAY p.m. on Monday, May 24. 24, 1999 On Tuesday, Wednesday, and Thurs- continue to yield, we have had several day of next week, the House will take discussions with different Members Mr. JONES of North Carolina. up: that have interest in this matter. Madam Speaker, I ask unanimous con- H.R. 1259, the Social Security and As the gentlewoman knows, we are sent that when the House adjourns Medicare Safety Deposit Box Act of going into the appropriations season. today, it adjourn to meet at 12:30 p.m. 1999; The appropriations season is very im- on Monday next for morning hour de- H.R. 1833, the United States Trade portant in terms of its early conclusion bates. Representative and Customs Service in order to get into the final end-of- The SPEAKER pro tempore. Is there Reauthorization Act; the-year appropriations conference re- objection to the request of the gen- H.R. 150, the Education Land Grant ports. tleman from North Carolina? Act; It is our anticipation that, while we There was no objection. The Agriculture Appropriations Act; expect this important issue to be ad- f dressed before the year is over, that we The Legislative Branch Appropria- DISPENSING WITH CALENDAR would like to get this appropriations tions Act; and WEDNESDAY BUSINESS ON work behind us so that we would have H.R. 1401, the Defense Authorization WEDNESDAY NEXT Act. time to address that during which pe- On Tuesday, May 25, the House will riod they are in their conference com- Mr. JONES of North Carolina. meet at 9 a.m. for morning hour and at mittees. So I would guess that she Madam Speaker, I ask unanimous con- 10 a.m. for legislative business. should have an anticipation that it sent that the business in order under On Wednesday, May 26, and Thurs- would be sometime later in the year. the Calendar Wednesday rule be dis- day, May 27, the House will meet at 10 Ms. DELAURO. Sometime later in pensed with on Wednesday next. a.m. for legislative business. the year. The SPEAKER pro tempore. Is there Madam Speaker, we hope to conclude Mr. ARMEY. Madam Speaker, I ask objection to the request of the gen- legislative business for the week by 6 unanimous consent that the House join tleman from North Carolina? p.m. on Thursday, May 27. me in wishing my son, Scott, happy There was no objection. I would like to remind Members that birthday tomorrow. f the Memorial Day District Work Pe- The SPEAKER pro tempore (Mrs. INTRODUCTION OF THE BORDER riod begins following the close of legis- EMERSON). Is there objection to the re- PATROL RECRUITMENT AND RE- lative business on Thursday, May 27. quest of the gentleman from Texas? TENTION ACT OF 1999 And the House will return on Monday, There was no objection. June 7, with votes after 6 p.m. f (Ms. JACKSON-LEE of Texas asked Ms. DELAURO. Madam Speaker, re- and was given permission to address claiming my time, I thank the major- OCCUPATIONAL THERAPY MONTH the House for 1 minute and to revise ity leader for the schedule. If I might (Mr. DOGGETT asked and was given and extend her remarks.) just ask one or two questions about the permission to address the House for 1 Ms. JACKSON-LEE of Texas. Madam schedule for next week. minute.) Speaker, today I rise with my col- Does my colleague know what days Mr. DOGGETT. Madam Speaker, oc- league, the gentleman from Texas (Mr. the Social Security Lock Box bill and cupational therapy is a health and re- SILVESTRE REYES), to stand up for the the appropriations bills will be called habilitation profession that helps peo- men and women who guard our Na- up? ple regain development and build skills tion’s borders and risk their lives every Mr. ARMEY. Madam Speaker, if the that are important for independent day. gentlewoman would continue to yield, I functioning, health, well-being, and Today, with the gentleman from thank the gentlewoman for asking. happiness. Occupational therapy em- Texas (Mr. REYES), I will introduce the On Tuesday, we expect to do the ploys purposeful occupational tasks, Border Patrol Recruitment and Reten- Lock Box and the Agriculture Appro- the kind of thing that we do in our ev- tion Act of 1999. The legislation will May 20, 1999 CONGRESSIONAL RECORD — HOUSE H3439 provide incentives and support for re- Madam Speaker, we are a nation of immi- the music stores. Keep bomb-making cruiting and retaining Border Patrol grants and a nation of laws. The ``Border Pa- web sites off the Internet. Do not make agents. This legislation would increase trol Recruitment and Retention Act of 1999,'' video games so violent that they warp the compensation of Border Patrol will give us the ability to control our borders young minds. agents, and allow the Border Patrol and uphold the law. I urge my colleagues to Free expression does not necessarily agency to recruit its own agents with- join me and Mr. REYES, who is our resident have to lead to moral chaos. Let us out relying on personnel officers of the expert on Border Patrol matters due to his join together in finding ways to help Department of Justice or the INS. service as a Border Patrol Sector Chief to parents raise their children to be good The United States is in dire need of support this much needed measure. productive citizens. more Border Patrol agents to enforce f f policies against illegal immigration and drug smuggling. Under current SPECIAL ORDERS GOD BLESS AMERICA’S VETERANS law, the INS is authorized to add a The SPEAKER pro tempore. Under The SPEAKER pro tempore. Under a total of 5,000 additional border agents the Speaker’s announced policy of Jan- previous order of the House, the gen- at a rate of 1,000 per fiscal year from uary 6, 1999, and under a previous order tleman from North Carolina (Mr. 1997 to 2001. of the House, the following Members JONES) is recognized for 5 minutes. We have not met our goals. The INS will be recognized for 5 minutes each. Mr. JONES of North Carolina. has only recruited between 200 and 400 f Madam Speaker, I have the privilege of new agents because salaries and the re- representing the Third District of cruitment skills have not been up to REGARDING LATEST SHOOTING IN North Carolina. The Third District cov- par. ATLANTA ers most of the eastern part of the My legislation will increase the sala- The SPEAKER pro tempore. Under a State, including five military bases: ries and work harder at retention, and previous order of the House, the gen- Cherry Point Marine Corps Air Sta- salute those men and women who serve tleman from Illinois (Mr. HASTERT) is tion, New River Marine Corps Air Sta- us very ably at the border. It is time recognized for 5 minutes. tion, Seymour Johnson Air Force Base, now to give more respect to our border Mr. HASTERT. Madam Speaker, the Elizabeth City Coast Guard Station, agents. latest shooting in an Atlanta school is and Camp Lejeune Marine Corps Base. Madam Speaker, I rise to the floor of the deeply troubling. My wife is a teacher In eastern North Carolina we are also House today to stand up for a group of men in a public school. My kids have gone proud to be the home of 77,000 thousand and women who guard our nation's borders to a public school. I taught for a lot of of our Nation’s 25 million living vet- and risk their very lives everyday. The group years in a public school. erans. Madam Speaker, these are the of men and women whom I am referring to are I fervently believe that every child men and women who courageously the United States Border Patrol. Today, along deserves to learn in a good school and served to protect this country and pre- with my colleague from Texas, Mr. REYES, I in- in a safe environment. But how can we serve the principles that it was founded troduce the ``Border Patrol Recruitment and create such an environment if it is the upon. Retention Act of 1999.'' children themselves who make the Out of respect and appreciation, we This legislation will provide incentives and schools unsafe? must ensure the sacrifice these brave support for recruiting and retaining Border Pa- Clearly, we need to tighten current soldiers made is something we never trol agents. This legislation would increase the laws to make it more difficult for kids forget and that the vital role they play compensation for Border Patrol agents and to get guns. We will take a look at the in this country’s history remains as allow the Border Patrol agency to recruit its measure passed by the Senate to make unmistakable as our commitment to own agents without relying on personnel of- sure that it is a reasonable and com- their continued well-being. fices of the Department of Justice or INS. mon sense approach. The United States is in dire need of more As President Abraham Lincoln said We also need to more effectively en- Border Patrol agents to enforce policies in his Second Inaugural Address: ‘‘Let force the laws that are already on the against illegal immigration and drug smug- us care for him who shall have borne books and to prosecute those who gling. Under current law, the INS is authorized the battle and for his widow and his or- break the laws. But these measures to add a total of five thousand additional bor- phan.’’ will fall short if we do not effectively der patrol agents, at a rate of five thousand This statement is said to reveal the additional border patrol agents, at a rate of address the deeper problems that face government’s promise to provide life- one thousand per fiscal year from 1997 to our society and our children. time health care for our veterans and 2001. However, INS did not request any addi- Our children need to learn the dif- their families, a promise that many of tional agents in its FY 2000 budget due in ferences between right and wrong. my colleagues in Congress and I con- large part to the lucrative job market and the They need moral instruction. They tinue fighting to fulfill. low unemployment rate. need a culture that reinforces positive Madam Speaker, today I am here to According to Commissioner Meissner of the values that help create a safer and share with my colleagues good news, to INS, only 200 to 400 new agents will be hired more secure society. tell them of two successful efforts by this year. Arizona had been slated to receive It is more difficult to be a parent the government to provide our Nation’s approximately 400 of the full complement but today. We feel the need to work harder veterans with the health care that they will not likely receive between 100±150, and just to keep pace with the neighbors. need and deserve. my home state of Texas, which would have All too often, parents are forced to Two weeks ago I had the pleasure of received approximately 500 new agents this worry first about their jobs and then attending the dedication of a new com- year, could see that number cut by more than about their kids. And it is becoming munity-based outpatient clinic in half. more and more difficult for parents to Jacksonville, North Carolina. For the The ``Border Patrol Recruitment and Reten- monitor what their kids are watching, veterans of Onslow County, this is a tion Enhancement Act'' would move Border hearing, and learning. tremendous victory and the result of a Patrol agents with one year's agency experi- I support free expression, but there is great deal of work and determination. ence from the federal government's GS±9 pay a point where unbridled free expression It has been a priority of mine for level (approximately $34,000 annually) to GS± undermines a free society. I challenge some time to find a way to see that a 11 (approximately $41,000 annually) next the entertainment industry, the Inter- satellite facility was built in eastern year. We need better recruitment and better net industry, the video game industry, North Carolina. For too long, many retention. We cannot play with the nation's and the media to become good cor- veterans were forced to travel to Fay- borders, and right now in the Immigration and porate citizens. Monitor the material etteville, North Carolina or Durham, Claims subcommittee in which I am a Ranking that flows to our kids. North Carolina to reach the closest VA Member, we listen to testimony hearing after I applaud the Disney Company for hospital. hearing about how the Border Patrol agents taking some steps in the right direc- Madam Speaker, as my colleagues need more money, and the INS needs to be tion, but the whole industry must join can see, we were in desperate need of given the resources to be able to do it. This in the cause. Keep casual gunplay out health care services that were more ac- legislation is the step in that direction. of the movies. Keep hate music out of cessible to the veterans of eastern H3440 CONGRESSIONAL RECORD — HOUSE May 20, 1999 North Carolina. The journey was long, the House, the gentleman from Ken- ON H.R. 644, PRESCRIPTION DRUG but we now have two reasons to cele- tucky (Mr. WHITFIELD) is recognized for FAIRNESS FOR SENIORS ACT brate. 5 minutes. The SPEAKER pro tempore. Under a The Jacksonville facility marks the Mr. WHITFIELD. Mr. Speaker, how previous order of the House, the gentle- long must the bombing of Yugoslavia second outpatient clinic in eastern woman from California (Ms. WOOLSEY) North Carolina. It has just been joined continue? I have asked that question is recognized for 5 minutes. by a third. Earlier this week, an addi- repeatedly on this floor over the last Ms. WOOLSEY. Madam Speaker, I tional VA clinic opened in Greenville, week, and no one seems to have an an- rise to put an end to a national dis- North Carolina. They both serve as swer. Where is the President leading grace. Plainly speaking, I am talking tributes of the commitment to duty, us? about price gouging, price gouging God, and country that each of our sol- Today, the New York Times, which is some of the most vulnerable members generally supportive of the President, diers accept. of our community, our seniors. Madam Speaker, I am proud of the ef- contained an article written by Mi- Americans widely support programs forts of the Department of Veterans Af- chael Gordon entitled, NATO’s Battle to ensure the health and welfare of fairs to reach out to veterans across Within: Is Leadership Missing? In the older Americans. We have Social Secu- this country, especially considering the article, Mr. Gordon wrote that NATO rity, we have Medicare, as well as hous- drastic cuts they have suffered. Since strategy for bringing the war to a suc- ing programs, nutrition programs and the end of 1994, the Department of Vet- cessful close is starting to unravel. programs that really protect our low- erans Affairs has cut 20,000 medical Without clear direction from Wash- income seniors. Seniors today have less care employees, eliminated half of its ington, Britain, Germany and Italy fear of being taken advantage of be- acute-care hospital beds, and merged have begun to promote publicly their cause of consumer laws and senior many neighboring hospitals. Following separate and conflicting plans. Britain abuse laws that protect them. But such extreme fiscal cutbacks, the Ad- wants ground troops in Kosovo and there is one area where we clearly have ministration’s budget request for Fis- Yugoslavia. Germany is opposed to failed, and that is to ensure that pre- ground troops. Italy wants to stop the cal Year 2000 was worth little more scription drugs are affordable, afford- bombing. In the article, they quoted than the paper it was printed on. able to the people who need them the Fortunately, I am proud to stand the former Director of European Af- most, our seniors. here today to report that a Republican fairs at the National Security Council The latest surveys indicate that 86 who was quoted as saying, there is a Congress has increased the VA budget percent of Medicare beneficiaries take lack of direction because no one is $1.7 billion over the President’s rec- prescription drugs and that the elderly leading the way. ommendation. And I only wish that it in the United States, who make up Mr. President, why do you not lead only 12 percent of our population, use could be more. the way and stop the bombing? Mr. Madam Speaker, today I came to the one-third of the prescription drugs sold President, Italy today has urged NATO floor to reaffirm my commitment to in this Nation. The need for prescrip- to impose a 48-hour bombing pause to tion drugs to treat such diseases as ar- the men and women who answered pursue a diplomatic settlement. I urge thritis, diabetes, high blood pressure, their call to duty and protected the you to stop the bombing. freedom my colleagues and I enjoy Just last night, NATO launched its heart disease, is simply a fact of life today. I urge my colleagues to join me strongest air attack in 2 weeks against for seniors, or a fact of death. A few in fighting to make sure our Nation’s the Belgrade area. Our bombs hit a hos- years ago, a survey of seniors reported veterans have access to quality, acces- pital and at least three civilians were that 13 percent of older Americans had sible health care, a promise made to killed. Furthermore, an operating to choose between eating or buying them by the government they pledged room was demolished, an intensive care medicine. In Sonoma and Marin Counties, the to protect. unit was leveled, and rescuers were Again, I want to quote Abraham Lin- evacuating women and children from district I represent, the two counties coln when he said it, and he said it the maternity ward, just last night in north of the Golden Gate bridge, two best: ‘‘Let us care for him who shall Belgrade, because of our bombings. In individuals that I have come to know, have borne the battle and for his widow addition, the Swedish ambassador’s Roy and Ivera Cobbs of Sebastopol, and his orphan.’’ residence was damaged when an explod- have had to make some very difficult Madam Speaker, it is the least we ing bomb blew out windows and a door. decisions around their prescription can do to thank our Nation’s heroes, Mr. President, your policy is not drugs. What they decided was, she our United States veterans. God bless working. Not only are we losing the would take her prescription drugs and America, and God bless those who have support of our allies but bombing has he would not because they could not af- served and those who are serving exacerbated the refugee problem ford both. That is not the way we are America today. among the Kosovar Albanians and now, supposed to be treating our seniors. f because of the bombings, the Serbian Also in Sonoma and Marin County, the area Agencies on Aging and Green b 1615 people themselves. From a policy point, it is difficult to imagine how the Thumb have told me some other sto- The SPEAKER pro tempore. Under a situation could be much worse. Our ries. They tell me about cases where previous order of the House, the gen- bombs have killed innocent people, de- seniors just do not buy food because tleman from New Jersey (Mr. PALLONE) stroyed hospitals, leveled the embassy they have to have prescription drugs, is recognized for 5 minutes. of China, damaged the infrastructure, or they take part of their prescription (Mr. PALLONE addressed the House. and now even damaged the residence of every other day instead of every day or His remarks will appear hereafter in the Swedish ambassador to Yugoslavia. once a day instead of twice a day, as the Extensions of Remarks.) The incessant bombing has trans- prescribed by their doctors, because f formed what was a Balkan crisis into a they cannot afford to pay for the whole The SPEAKER pro tempore. Under a worldwide crisis. In fact, the New York dosage. And for the reason some sen- previous order of the House, the gen- Times Sunday reported how dem- iors cannot pay for them keeps our sen- tleman from Oregon (Mr. BLUMENAUER) onstrations are erupting all over the iors from having the best health care is recognized for 5 minutes. world against the bombing. they can. This reason, I believe, is sole- (Mr. BLUMENAUER addressed the So I would say to the President, what ly on the shoulders of the Nation’s House. His remarks will appear here- do you want? The Yugoslavian govern- largest drug companies, because they after in the Extensions of Remarks.) ment is beginning to remove forces engage in discriminatory pricing. If f from Kosovo. They have expressed a you are a favored customer, like an willingness to negotiate. How many HMO, like a large insurance company, CALLING FOR END TO FAILED more bombs must be dropped? How you pay less, much less for prescription POLICY IN YUGOSLAVIA many more deaths must occur before drugs. But if you are an older person, The SPEAKER pro tempore (Mrs. you stop this failed policy and give di- on Medicare, you pay a premium price EMERSON). Under a previous order of plomacy an opportunity to work? for your drugs. May 20, 1999 CONGRESSIONAL RECORD — HOUSE H3441 In the district I represent, Sonoma freedom to do what the farmer does Agencies on which I serve as a sub- County seniors pay on the average of best, and that is farm for the market committee member I introduced a nar- 145 percent more for the most com- and other changes that were made in rower version of H.R. 212 which would monly used drugs than favored cus- the 1996 farm bill, it has overall been a lift of the sanctions on food and medi- tomers pay for the same drugs. For one good thing. What the American farmer cine for these countries that are cur- drug, they pay 242 percent more than faces today is low prices and lack of rently sanctioned, but it would not favored customers. I know this, be- markets. Our farmers do not have the allow any government spending in con- cause I asked the minority staff of the ability to market overseas the prod- nection with the lifting of those sanc- Committee on Government Reform to ucts that we grow so well in this coun- tions. In other words, the taxpayer look into prescription drug pricing in try. would not bear any of the burden for Sonoma and Marin Counties. I released My State of Washington is a perfect allowing our farmers to deal directly the results to that report to my com- example, and the Fifth Congressional with those countries and make sales. It munity and its central conclusion can District is a more narrow example of a is a $6 billion plus market for our farm- be summed up in the report subtitle, perfect example. That is, our farmers ers in commodities as diverse as rice Drug Companies Profit at the Expense in the Fifth District grow wheat and and corn and peas and wheat and bar- of Older Americans. As Members can barley and oats and peas and lentils ley. It is a great market that is ex- see by these charts, for Sonoma County and potatoes and apples, the best in the posed to our farmers. alone, the study looked into five com- world. But yet most of our products, on Unfortunately, Madam Speaker, my monly used prescription drugs, charted our grain products and commodities, friends on the appropriations sub- their price at local pharmacies and are exported overseas. My farmers are committee defeated this amendment compared those prices to what the Fed- limited in those exports because of uni- by a vote of 28 to 24. It was a very close eral Government pays for the same lateral American sanctions on coun- vote, but it was a great debate, and we drugs. The Federal negotiated price is tries that used to be wonderful trading ought to have that debate again on nearly the same, you must know, as partners of Washington State farmers H.R. 212 and on this next version of this that charged to favored private cus- and agriculture in the West. amendment that went into the appro- tomers, large insurance companies and I have introduced legislation, H.R. priation bill yesterday. HMOs. Senior citizens and other indi- 212, earlier in this Congress as a pri- So, I urge my colleagues to study viduals who pay for their own drugs ority matter for not only the farmers H.R. 212, study the concept of lifting pay more than twice as much for these of the Pacific Northwest but the farm- sanctions on food and medicine. It is a drugs than do the drug companies’ ers of the country. What that bill does humanitarian basis that is good policy most favored customers. For some is lift the unilateral sanctions that are for our country, and it will absolutely drugs listed in the report, the price is currently in place by our government help our agriculture markets who are even more outrageous. Synthroid, for that prevent our farmers from selling struggling to find markets overseas. example, a hormone treatment, costs to countries that other farmers around One final point: In the event that we Sonoma County seniors 1,738 percent the world can sell to. We used to have lift these sanctions and allow farmer- more than it cost the manufacturer’s a fine market in wheat sales to Iran to-country correspondence and sales, it favored customers. By looking at these and Iraq and the Sudan and other prevents the agriculture community charts, we can see that for Medicare places that are currently sanctioned. that is in straits from coming to the patients, those who need the choles- The sanctions are imposed because of Congress and seeking Federal tax dol- terol drug Zocor, their costs are sig- our disagreements with the terrorist lars. It is the free market approach to nificantly greater than the favored cus- policies and the enemy policies of these agriculture success. tomers. This comes out to $115 for governments. f Medicare patients and $34 for the fa- I disagree with those policies of those vored customers. That is 231 percent rogue nations that have used terror in INTRODUCTION OF THE BROAD- different. The difference is not in price the world and oppression in the world. CASTERS FAIRNESS IN ADVER- because the HMOs, the large insurance But yet selling agriculture and medi- TISING ACT OF 1999 companies and government buyers are cine to those countries does not in my able to negotiate and buy in bulk. The judgment pose a national security The SPEAKER pro tempore (Mrs. difference is because they are charging threat on our country. What it does as EMERSON). Under a previous order of seniors to make up the difference for we unilaterally impose those sanctions the House, the gentleman from Illinois what they cut for their most favored is hurt our farmers. So H.R. 212 does (Mr. RUSH) is recognized for 5 minutes. customers. two things. It lifts the sanctions that Mr. RUSH. Madam Speaker, today I f are currently in place for food and am here to introduce the Broadcasters medicine only, and it gives the Presi- Fairness in Advertising Act of 1999. INTRODUCING LEGISLATION TO dent the opportunity in the event that There is a silent and pervasive trend HELP AMERICA’S FARMERS the President feels that lifting those among ad agencies and the companies The SPEAKER pro tempore. Under a sanctions poses a national security they represent to engage in discrimina- previous order of the House, the gen- threat, the President has the ability to tory practices which are called, quote, tleman from Washington (Mr. reimpose those sanctions on that basis. ‘‘no urban/Spanish dictates’’ end of NETHERCUTT ) is recognized for 5 min- But in the meantime, it allows our quote, and they are called, quote, ‘‘mi- utes. farmers, then, to seek to reclaim those nority discounts,’’ end of quote. The Mr. NETHERCUTT. Madam Speaker, markets that we have lost by virtue of term: ‘‘No urban slash Spanish dic- American agriculture today and rural the sanctions. tates’’ means not advertising products communities today face an extraor- In 1980, President Carter imposed a on stations that cater to minorities. dinary challenge, the challenge of hav- sanction on the Soviet Union for polit- ‘‘Minority discounts’’ means paying ing farm policy change in 1996 with the ical purposes. Who did that hurt? It minority-owned stations far less for ad- consent and approval of this Congress hurt the Olympics, and the American vertising the same product that is paid and the consent and approval of the interest in the Olympics, and it hurt to nonminority-owned stations. These President of the United States for the American farmers, a market that was a policies have no business rationale and good, to have an opportunity to have prime market for my farmers in the are purely discriminatory. less farming for the government and West. We have yet to get that agri- Madam Speaker, year in and year out more farming for the market. Overall, culture market back by virtue of those minority broadcasters lose millions of combined with the freedom that this sanctions back in 1980. dollars in revenues, however the adver- new agriculture policy provides and the tising companies would have us believe b additional expenditure of taxpayer dol- 1630 otherwise. They will contend that they lars for agriculture research with the Yesterday in the Subcommittee on do not advertise in these stations be- movement toward reduction of Federal Agriculture, Rural Development, Food cause minorities do not buy their prod- regulations that hampered the farmer’s and Drug Administration, and Related ucts. H3442 CONGRESSIONAL RECORD — HOUSE May 20, 1999 For example, in a study conducted by their voice for their brothers and sis- peace and from confrontation to dia- the FCC, a major mayonnaise manufac- ters who are denied a voice in logue. turer told a station manager that, Kurdistan. I salute the birth of this Mr. Ocalan, denied a refuge in Rome, quote, black people do not eat may- congress that represents a people as old was promised the safe passage through onnaise, end of quote. Or worse, one as the dawn of history. Greece to the Hague where he intended minority station salesperson was told Madam Speaker, the Kurds are na- to sue the Government of Turkey at that, and I quote again, black people do tives of the Middle East who inhabit a the International Court of Justice for not eat beef, end of quote. Such a bla- mountainous region as large as the its crimes against the Kurds. But the tantly absurd statement demonstrates State of Texas. They speak Kurdish, laws of granting asylum to political the openly racist obstacles minority which is distinct from Turkish and Ar- figures, as old as the time of prophets, broadcasters face from the advertising abic but is closely linked with Persian. were suspended in this case. Abdullah industry. Having survived in mountain strong- Ocalan, the most popular Kurdish fig- My bill will prohibit discrimination holds and ancient empires, they are ure of the day, was arrested. Through a against minority formatted stations by now persecuted, denied their identity deal that smacks of political venality directing the FCC to adopt regulations and forced to become Turks or Arabs or at its worst, he was handed over to the to prevent such discrimination. It Persian by the states that were born in Turks and now awaits his most likely would also allow private right of action the early 20th century. Thirty million execution as the sole inmate in the by any minority broadcaster who has strong, they are viewed as beasts of Imrali Island prison in the Sea of been subjected to advertising discrimi- burden or as cannon fodder, but never Marmara. nation. And finally, my bill will pro- as Kurds who should enjoy human Madam Speaker, it is unbecoming of hibit Federal agencies from con- rights that we take for granted in this this great power to aid and abet dicta- tracting with ad agencies that utilize country. torships which are merely disguised as these discriminatory practices. It is a crime to be a Kurd in Turkey, democracies. Those who imprison duly Madam Speaker, I sincerely hope Madam Speaker. Saddam Hussein has elected representatives such as Layla that my colleagues on both sides of the used chemical and biological weapons Zana in Turkey for testifying before a aisle will join me in supporting this against them in Iraq. The theocracy in standing committee of this Congress very, very important initiative. Tehran often machine guns the Kurd- cannot and should not enjoy our sup- f ish dissidents in the city squares. The port. Leaders such as Abdullah Ocalan, poignancy of the Kurdish situation hits despite his violent past, still hold the ON THE OCCASION OF THE INAU- closer to home when we realize that promise of peace and reconciliation for GURATION OF THE NATIONAL our own government is sometimes in- the Kurds with their neighbors. The eu- CONGRESS OF KURDISTAN volved in their misery. Turkey boosts phoria that we all felt for the freedom The SPEAKER pro tempore. Under a of American F–16 fighter planes, Sikor- of captive nations in the former Soviet previous order of the House, the gen- sky attack helicopters and M–60 battle Union now must extend to our allies tleman from California (Mr. FILNER) is tanks. Saddam Hussein, according to and their subjects as well. recognized for 5 minutes. some declassified U.N. documents, had So we welcome the convening of the Mr. FILNER. Madam Speaker, I rise the support of 24 European companies National Congress of Kurdistan. They today to speak about democracy, a to produce his deadly chemical fumes are dreaming what to many may seem form of government which was in- and biological fumes. Tehran’s opposi- an impossible dream, the dream of a vented in the 5th century B.C. by the tion to the Kurds has gone beyond Iran united Kurdish people in the Nation of Greeks in Athens, great city of Athens. with the assassination of Kurdish lead- Kurdistan. The British honor democracy through ers in Vienna and Berlin. f their parliament, the Japanese have We all revere the words of Thomas their Diet, the Duma serves the Rus- Jefferson when he wrote in the Dec- TAIWAN CONGRATULATIONS sians, and of course here in the United laration of Independence: ‘‘When in the The SPEAKER pro tempore. Under a States democracy is exercised right course of human events, it becomes previous order of the House, the gentle- here on the floor of Congress. Democ- necessary for one people to dissolve the woman from Florida (Ms. BROWN) is racy still remains the best hope for political bonds which have connected recognized for 5 minutes. troubled humanity throughout the them with another, and to assume Ms. BROWN of Florida. Madam world. among the Powers of the earth the sep- Speaker, 3 years ago President Lee won With the end of the Cold War, Madam arate and equal station to which the a landslide victory in the first presi- Speaker, we have seen a great expan- Laws of Nature and of Nature’s God en- dential election in the history of sion of the boundaries of democracy. title them, a decent respect to the China. As a democratic elected presi- The world is a better place today be- opinions of mankind requires that they dent, he demonstrated to the world cause many former Soviet republics should declare the causes which impel that democracy could indeed thrive in now enjoy self determination and are them to the separation.’’ Taiwan. During the last 3 years Presi- given their rightful seats in the Hall of Madam Speaker, given the lot of the dent Lee continued to implement his Nations. But auspicious as has been the Kurds, it is more than understandable program for the Republic of China. As forward march of liberty, the world re- that they set up their own Congress a result, Taiwan presently has free mains far from being free. Nations re- and take charge of their own destiny. elections in every level of government, main in captivity. The color of one’s They have the people, the resources a free press, and holds respect for skin still bars some from feeling our and the political understanding to suc- human rights in the highest regard. common humanity. But the hope that ceed in their dream of statehood. As a believer in increasing coopera- we can rise to the challenge of total Madam Speaker, I need also at this tion between Taiwan and mainland equality is enduring. People of good- time to address the situation of China, President Lee continued to em- will are risking their lives against Abdullah Ocalan, the Kurdish leader phasize that it is necessary for Taiwan great odds. They know the rewards are who, according to a recent New York and the mainland to work together to worth the risks. Times article, was handed over to the conduct further discussions on the Madam Speaker, on May 24, 1999, just Turks with the help of our intelligence issue of reunification. Many close to a few days from now, a nation whose services. As you may recall, he had the president maintain that his one voice has been silenced for too long ventured to Europe from his home base true dream is to witness a unified will convene its first congress, unfortu- in the Middle East to seek a political China under the principle of democracy nately not in its own land but in Brus- solution to the enduring Kurdish strug- rules, free enterprise and the distribu- sels, Belgium, and 150 delegates from gle for basic human rights. I spoke on tion of wealth. around the world representing the this floor welcoming his declaration of A few years ago I had the privilege of Kurdish people of Turkey, Syria, Iraq, cease-fire and hoped, it now seems being President Lee’s guest on a visit Iran and the former Soviet republics against hope, to see the debate on the to Taiwan. Since that time I perceive will assemble for the purpose of raising Kurdish question change from war to him as a world class statesman and May 20, 1999 CONGRESSIONAL RECORD — HOUSE H3443 hope that he will be able to influence to go a step further. We have next Madam Speaker, I hope that we can mainland China to democratize and re- week. We should not leave here until collectively indicate to the American unify with Taiwan on the basis of we say not only to the American people people we have heard them. This is a democratic principles. As a faithful but the world that we pride ourselves, crisis and we know their pain. friend of the United States, we must as loving our children greater than our The Federal Government does not give him our wholehearted support as guns, and in fact this is not taking want to take over education of their his presence on the island is symbolic away guns from people who use them children. We just want to take over the of the economy and a politically stable for sports and legally. This is saying fact that we want our children to sur- Asia. that we have a proliferation of guns vive and we are going to help them f and our children are asking or crying with legislation and money. out for us to be restrained and to re- Madam Speaker, I hope that we will GUNS AND CHILDREN—THEY DO strain them; 250 million Americans, 260 all stand together next week as we re- NOT MIX million guns on the street. turn to this Congress. The SPEAKER pro tempore. Under a Why cannot we find common ground f previous order of the House, the gentle- on legislation that I passed in my city MESSAGE FROM THE SENATE woman from Texas (Ms. JACKSON-LEE) holding parents responsible, adults, for is recognized for 5 minutes. allowing guns to be in children’s hands A message from the Senate by Mr. Ms. JACKSON LEE of Texas. Madam and thereby causing an injury? It was Lundregan, one of its clerks, an- Speaker, I thought it was important to unanimously supported and then nounced that the Senate agrees to the come to the floor of the House to ad- passed in the State of Texas, certainly report of the committee of conference dress again the crisis that we are fac- a State that has its share of guns. on the disagreeing votes of the two ing in this Nation, and that crisis is Safety locks, as has been said elo- Houses on the amendment of the Sen- that of the safety of our children. quently by my colleagues, there are ate to the bill (H.R. 1141) ‘‘An Act mak- Today unfortunately as the sun rose regulations of diaper bags and regula- ing emergency supplemental appropria- another youngster took weapons to tions of parks and schools and equip- tions for the fiscal year ending Sep- school and shot children. I am most ment that children use. Why not guns? tember 30, 1999, and for other pur- grateful, as most mothers and fathers, Why can we not keep guns out of the poses.’’ families, that this tragedy did not re- hands of those under 21? Why can we The message also announced that sult in death. I cannot imagine what not do instant check at gun shows pursuant to sections 276d–276g, of title people in Littleton, Colorado, are where all kinds of people come and, be- 11, United States Code, as amended, the thinking, or Jonesboro, or the State of lieve me, they use that method to get Chair, on behalf of the Vice President, Pennsylvania, or my own State of guns. Why can we not have tracing so appoints the following Senators as Texas, and rather than be political and that felons who are now dealing with members of the Senate Delegation to politicize this, I am simply begging the black market can be found? Why the Canada-United States Inter- with all of the intellect in this Con- can we not have an amendment that parliamentary Group during the First gress that we have the courage to deals with gun running? Session of the One Hundred Sixth Con- admit that there are many concerns. It is very important, Madam Speak- gress, to be held in Quebec City, Can- b 1645 er, that the women in this House stand ada, May 20–24, 1999—— up. I demand that we collectively raise the Senator from Iowa (Mr. GRASS- There is the entertainment industry, our voices to the Speaker, and I guess LEY); violence in videos. There is the issue of I demand of him, to not shy away from the Senator from Oklahoma (Mr. intergenerational conflict or dis- the responsibility. INHOFE); connect because maybe adults and chil- Put the NRA aside. It has its own the Senator from Ohio (Mr. DEWINE); dren are not talking the way they agenda, and anyone who says it does the Senator from Minnesota (Mr. should. not is not reading all of their PR, their GRAMS); There is the concern that I have public relations. I did not come here to the Senator from Ohio (Mr. raised and will be presenting in legisla- point the finger. I have mentioned the VOINOVICH); and tion, Give a Child a Chance Omnibus entertainment industry. They know the Senator from Hawaii (Mr. Mental Health Services bill for 1999 what they can do. AKAKA). where we can focus on the fact that This is a pyramid. We are building f children need mental health services, blocks. I have mentioned the need for both children who can afford it and more mental health services from K to HISTORY OF YUGOSLAVIA those who cannot. 12, intervention risk assessment in The SPEAKER pro tempore (Mrs. I think right now, in light of the Sen- every piece of legislation, that I can. In EMERSON). Under the Speaker’s an- ate’s actions today, we realize that gun addition to the omnibus bill, I am nounced policy of January 6, 1999, the legislation is not political. Over 89 per- going to be raising my voice for mental gentleman from California (Mr. cent of the American public are waking health services. It is too long and too CUNNINGHAM) is recognized for 60 min- up and saying we must have safety late where it is a stigma, so that is why utes as the designee of the majority locks. It is important to keep from children have stopped taking their leader. children, or young people under 21, medication because there is a stigma Mr. CUNNINGHAM. Madam Speaker, guns. We must close the loopholes in all around. So if the parent does not I come tonight to give maybe a little pawn shops and in gun shows so that tell them they certainly do not get re- different perspective on the war in there are no more opportunities for inforced in school, and troubled chil- Kosovo than most people have seen people to randomly walk in and get dren are in our schools without medi- from the spin from NATO and the guns, as a young lady did on behalf of cation. White House. I would like to give some Eric Harris in Littleton, Colorado. So, Madam Speaker, I am not point- information that has not been widely Parents are in pain. Children are in ing the finger. I am speaking out of an- disseminated but I think is important fear. Our children can talk about guns guish and I am speaking out of pain. I before any solution in the Balkans is and their feeling of being unsafe. They cannot go another day without us possible. can talk about the fact that they do doing something about these guns. We First of all, Rambouillet, which was not know whether their graduation must pass legislation this week as we an attempt at an agreement which was will be safe or whether large gatherings come back. not an agreement, to bring the Muslim will be safe. While I am home in the district this and Serbian Yugoslavs together. Let Many of us as women Members of weekend, whoever will hear me, I will me go back first with Rambouillet and Congress have gathered. We gathered be talking about are we going to stand explain where Rambouillet was a very before Mother’s Day and asked Speaker up for our children? Tomorrow at a failed foreign policy effort. HASTERT to ensure that we pass gun press conference on Head Start I will I use the quotes of both Larry legislation before Father’s Day. I want be talking about our children and guns. Eagleburger and Henry Kissinger in H3444 CONGRESSIONAL RECORD — HOUSE May 20, 1999 saying that Rambouillet was a failed I fought in Vietnam. I spent 20 years because they live there peacefully. foreign policy from the start. of my life in the military as a senior They live there peacefully together. Look at history, and I met with the commander, responsible both for a But listen to the debriefs from Reverend Jesse Jackson, who I disagree Navy fighter weapons top gun and at Kosovo. They were forced out of their with probably more than I agree, but Naval staff on the planning, the inva- homes. They were not fleeing prior to one thing I respected about Reverend sion of Southeast Asia and European the bombing, but like the military told Jackson was not necessarily that he countries, and my friends from the the President, upon NATO’s strikes, brought our prisoners back, that was Pentagon have told me that they told the Serbs started forcing the Albanians good, but his ability to place himself in the President not to conduct air out of Kosovo. They knew that the the shoes of either side of an argument. strikes into Kosovo. KLA on the ground was a threat to Even if he disagrees with one side or Why? They said, first of all, air them. Is it right? No, I am not saying another, he understands that before strikes alone would not achieve a sin- it is right, but I am saying we have to someone can ever have a solution that gle goal that the President wanted. look at the total picture. they have to understand the feelings Secondly, that every one of the prob- Well, Mr. President, if you are trying and what is in the mind and the heart lems that existed then would be exacer- to change your legacy with a war or be of both sides, or there is no choice bated, would be increased. They told nominated for the Nobel Peace Prize, whatsoever. the President that it is highly probable one is not nominated for the Nobel Part of that understanding is the his- and most likely that the Serb forces Peace Prize by killing more civilians in tory of greater Yugoslavia. On April 5, would force evacuation of Albanians, these strikes than the Serbs killed in 1941, just last month the anniversary, since that had been, in their eyes, a big the one-year period prior. One does not Germany bombed Belgrade. They put problem over the last two decades. get nominated for the Nobel Peace over 700,000 Nazis into Kosovo in the Madam Speaker, take a look at the Prize for forcing millions of people to area. The Nazis were supported by a children’s eyes that are refugees today, evacuate and then claiming it is a Hol- half a million Croatians, and about a a million refugees walking through the ocaust, which it was not. quarter of that number of Muslims. snow. I have two daughters and I I spoke to General Clark face-to-face One in three Serbs died in Kosovo looked as if my own daughters had to in Brussels a month ago, and I asked fighting the Nazis, the Croatians and go through this, and we need to thank General Clark, I said, how many of the the Muslims. God every day that we live in a coun- sorties, how many of the flights is the The civilians in Kosovo had to flee try where that does not happen. In my United States participating in? There across the Danube River for their lives, view, there are two people that have are 19 nations in NATO, 18 other na- while the forces under a General caused that mass evacuation and tions. The United States, part of NATO Miholevic, not Milosevic but forced the refugees. One is Milosevic in a European problem, is flying 75 per- Miholevic, supported both the par- and the other is the President of the cent of the strike missions. The United tisans and the loyalists. The Chetniks United States by forcing the bombing. States, 75 percent. were more of a guerilla warfare. Most people do not realize the Tony Blair gets up and says, put in In the three-year period of over a hysteria: This is another Nazi, this is ground troops, put in ground troops. He million Nazis, the Chetniks, the par- another Holocaust. Most people do not only has 18 airplanes in Kosovo in tisans and the loyalists either killed or realize the total number, the total those strikes, but yet he beats on his pushed out every Croatian, Muslim and number of people killed in Kosovo in a chest and says put in ground troops. Nazi out of Kosovo. 1-year period prior to the United States Madam Speaker, 75 percent of the In 1387, the Serbs celebrate still and NATO bombing was 2,012 people strikes does not include the B–2 strikes Kosovo and the founding of their Or- killed. We kill more people than that out of the United States; it does not in- thodox Catholic church at 1,600 dif- in New York City and Washington, D.C. clude the C–17s, it does not include the ferent churches and shrines. every year. Now, each individual is im- tanking and the logistics flights, which So Rambouillet, I would ask after portant, but it is also important to re- puts the United States’ flights in that kind of history, would a person if alize that one-third of those 2,000 peo- Kosovo at over 86 percent, Madam they were in any of the United States, ple were Serbs that were killed by the Speaker. Ninety percent of the weap- if they were in Texas, if they were in KLA. ons dropped are from the United California and say Mexico populated ei- Did they have a fight? Yes. Were States, and yet there are 18 nations, ther one of those States by 90 percent there atrocities? Yes, on both sides. other nations in this. and all of a sudden they wanted Cali- Until one puts themselves in the shoes I asked General Clark, I said, well, fornia or Texas to go to Mexico, does of either side and both sides in the eyes why are we flying all of these missions? anyone think the United States would of what is important to them, what are He said, Duke, most of the NATO na- allow that to happen? I do not, abso- their fears? The Serbs fear the Ger- tions do not have these stand-off weap- lutely. mans. They did not want NATO troops ons. They do not have these stand-off The second part of Rambouillet said with Germans in there. They fear that weapons, and the weather is bad. You that, oh, by the way, you cannot have Kosovo will be taken away from them, think they might have checked the any of your police force in Kosovo; that much like if California or Texas was weather to know that there was a two- even though Kosovo is part of greater taken away from the United States. week forecasted bad weather over Serbia or Yugoslavia, none of your The Albanians want some kind of Kosovo before they ever started air laws apply; only the laws of the major- participation in the government. They strikes. No, they did not. ity which are the Albanians, and in 3 have about 90 percent of the popu- Ninety percent of the weapons. Our years there will be a vote as to whether lation, but most people do not realize next supplemental should be a check Albania remains part of Serbia. 60 percent of that 90 percent of the Al- from those nations. If they cannot fly Not Milosevic but the Serbian people, banians are there illegally. They are the strikes, if they cannot support and the understanding of what Kosovo not citizens of Kosovo. They have come NATO, if they cannot supply the ord- means to the Serbs, was a great, great across the border from Albania ille- nance, then they ought to be at least failure of this administration and the gally. burden-sharing and paying the United President to recognize. Either the States for it. b President recognized it and wanted us 1700 This ad hoc war, ground troops, in all to go to war or he did not recognize the And that, in itself, is a problem. of the tactical experience that I had in importance of Kosovo to the Serbian Listen to the briefs. Watch the tele- the military, working with all services people. Either way, it is why we are at vision, Madam Speaker, and listen to and most of our friendly allies, not the position we are today. the Albanians talk about how they once would I ever tell an enemy that I To say that diplomatic efforts were were forced out of their homes by the was not going to use a certain type of exhausted is far from the truth, and Serbs. Were they forced prior? No. force like ground troops. It is lunacy. there are still ways for us to get out of There are 300,000 Albanians that live in It is idiotic in a tactical environment this particular nightmare. Belgrade and not a single one has left to tell your enemy that you want to May 20, 1999 CONGRESSIONAL RECORD — HOUSE H3445 change his heart and mind, but you are lieved in. And until the President rec- places on this is atrocious, in my opin- only going to use air strikes, to allow ognizes that, there is no solution. The ion. him to focus on one phase and not have Mujahedin and Hamas have a small in- Take a look, Madam Speaker, at to prepare for ground troops, not have fluence, but it is there and it has to be what NATO is today. We no longer to station his troops and deploy his removed. have Ronald Reagan or Margaret weapons. They said, is it likely Osama bin Thatcher types. I ask my colleagues to Do my colleagues think that the Laden, like the Washington Times re- look at the Germans. It is a green so- President might have told Russia, ported, has influenced and is sup- cialist government. Look at France. Chernomyrdin, knowing how Russia porting the KLA? Well, I will let my France has a socialist, communist coa- feels, do you think they might have colleagues draw the inference. Osama lition in their government. They threw told the Russians that they were going bin Laden has organizations in over 150 out the conservatives. If we look at to bomb Kosovo when Chernomyrdin areas, and everywhere there is a Mus- England with Tony Blair, labor left. was on his way to the United States lim issue, he is involved. They said Israel just yesterday, labor left. Ger- and actually turned his airplane there is no direct evidence, but it is many, as I mentioned. Italy, Com- around and went back? Is that accept- likely. munist. able foreign policy? I do not think so. It was also reported in all of the Eu- So NATO is made up today of not This ad hoc war. People said well, ropean press and the United States in Ronald Reagan and Margaret Thatcher, Duke, how can they possibly look at a The New York Times that the number but people that are socialist and Com- map and bomb an embassy like Chi- one heroin dealer, the number one her- munist and left. And it is difficult to na’s? Well, when one is doing some- oin dealers were the Albanian make decisions using the military thing so fast, so ad hoc, and one rips Kosovars. And yes, the source said that when those individuals historically maps off without any prior planning, it that money is going in to support the have fought against the military itself. is very easy to see. When one is scram- KLA. They will take money from any- Another little-known fact, Madam bling to find targets, when one is body they can. They consider it their Speaker, briefed again by a source, the scrambling because one’s missions are survival. same source as I quoted a minute ago, not being successful, then it is easy. General Clark, when I was in Brus- said 70 percent of the Russian military And they took the wrong map. Even sels, I looked at him and besides asking support the overthrow of the Yeltsin today, they hit two other embassies him how many sorties were flying, he government. We have seen just this and they hit a hospital, killing hun- said, Duke, at the beginning of this week and last week an attempt of an dreds of civilians. Again I say, the NATO only wanted to fly one day and impeachment of President Yeltsin. United States and NATO has killed quit, because of all of these other Seventy percent of the Russian mili- more civilians in Kosovo than the things. They did not have their hearts tary who support their leadership are Serbs killed in the entire year prior to and minds into this. General Clark said the hard-line communists that support the bombing. And that is wrong. the President called Tony Blair from Milosevic. They want us to go in with Madam Speaker, if one comes from England, the German Chancellor, and ground troops. It would give them the the 1970s and one was a left-wing they pushed this, that it is a must, it is catalyst that they need to return the antiwar protestor or belonged to a pro- a must. What that agenda is I do not former Soviet Union back to com- test group, and one is in leadership and know. All I know is that this ad hoc munism. And it is a very difficult prob- one attempts to use a vehicle like the war has been disastrous not only for lem. military that one neither understands the American people, but for the Alba- Look at Greece. Greece has ties to or supports and even loathes, most of nians and for the Serbs. the Serbs because when the Serbs one’s decisions, in my opinion, are Madam Speaker, I think it is im- kicked out the 1 million Nazis, look at going to be inept, they are going to be proper to say that all Germans were Thessalonica in northern Greece, where incorrect, because one does not have Nazis in World War II. There were a lot millions of Greeks and Jews and Serbs the gut feelings of what it should take. of innocent people. A lot of people did were annihilated by the Nazis, and A classic example of that was in not support the Nazis. There are a lot Greece with its orthodox church, along Vietnam with the President we had of people that are not Mujahedin and with the Serbian orthodox church and then that controlled every single Hamas, that are fighting for their their tie-in with World War II, makes strike, and that was Lyndon Johnson. I lives, and if we look into the eyes of them an ally. lost a lot of my close friends in air-to- those children, we should have as much And look at what we have done with air. I was shot down on May 10, 1972 sympathy for those children and the China and Russia and Greece, people over North Vietnam, and many of my innocent civilians on the Albanian side that we have been working with friends died because of inept decisions and the Serb side of the innocent peo- through trade with China, through try- by a left-wing person that neither ac- ple that are being killed because of ing to start a democracy going and cepted, supported or understood the war. That is important also. light the fires of a young democracy in military. Madam Speaker, I remember Mad- Russia, and even working with the When the President, knowing that he eleine Albright saying that if we al- Greeks has been disastrous foreign pol- has surrounded himself with the Tony lowed Czechoslovakia, Poland and Hun- icy for the United States. gary into NATO, the United States Lakes, with the Ira Magaziners, with b the Strobe Talbotts, and he disavows, would not have to participate in any 1715 does not accept the advice of the mili- European war. Well, guess what? They All of this, and they say, DUKE, you tary warfighters, that is even more of a are all three part of NATO. And during are a hawk. I am not a hawk, Madam problem, and it has been disastrous. the conflict Czechoslovakia, Poland Speaker. I am a dove, but I like to be We had a briefing from a source and Hungary would not even let us fly a well-armed dove. And those that have which I am not allowed to say, but it is over their airspace, and it took some fought in war and held, like in Private a very important governmental source, serious arm-twisting by Madeleine Ryan, held our friends and watched and the KLA is supported by the Albright and others, the President, to them die, maybe we are a little more Mujahedin and Hamas from Iran, Iraq use their airspace or even their bases reluctant to get our people involved in and Afghanistan. Are they in large and deploy. a conflict to where we know there is numbers? Are they entire armies? No. They had a NATO summit here, anni- going to be a lot of loss of human life, But they have evidence of those indi- versary, and the President says that all and where we also know that diplo- viduals infiltrating the KLA units. NATO is speaking with one voice. Well, macy would work. I will say that if I was an Albanian Mr. President, if that is true, why is The President talks about wanting to citizen and put myself in their shoes, I Hungary, why is France, why is Greece, save social security with a surplus, to would be a member of the KLA, fight- why is Russia still shipping oil to Serbs save Medicare with a surplus, edu- ing for what I believed in. But on the in the greater Yugoslavia? They are cation from the surplus. I would like to other hand, if I was a Serb, I would be not speaking with one voice, and the see medical research, because it is ex- a Serbian soldier fighting for what I be- spin that NATO and the White House citing, what NIH is doing today as far H3446 CONGRESSIONAL RECORD — HOUSE May 20, 1999 as the cure and the elimination of dis- Singer. I am old enough to remember lation 2,113 folks. Rather than work for ease. We would like to double that. Al Jolson playing in that part. Later my dad, who was a store owner, I would I was in a group yesterday that wants on Neal Diamond played in the movie go out in the hayfields and put up hay. to increase prostate cancer research by Al Jolson. Well, there was a lady named Ms. $100 million total. Madam Speaker, we The whole movie is based on a Jewish Featherall that always took care of the cannot do that by spending $50 billion proverb. It is about a jazz singer, a gen- young boys and fed us probably 10 in Kosovo. We spent $16 billion thus far tleman that is the son of a cantor, and times the amount that we needed. And in Bosnia and we are only supposed to the father wants his son to be a Jewish during the noon hour, we sat on a rock- be there 1 year, $16 billion. cantor. The son, of course, wants to be ing chair up on her porch to get cool. Do Members know that we still spend a jazz singer. There is so much hurt by She was afraid we would work too $25 million a year building roads in the father that he rips his jacket in the hard, and we loved that lady. Haiti? And Haiti had no national secu- Jewish fashion and denies that he has a A Siamese cat came around the cor- rity to the United States. The exten- son, and there is great consternation ner and jumped up in my lap. I petted sion of Somalia, which most of us op- between the two. that cat, Madam Speaker. A few min- posed, we got 22 Rangers killed and we The father, after a while, is so dis- utes later around the corner came a got our butts kicked out of there. We traught at losing his son, not to death Persian cat, a barn cat. I picked up the had to run out of Somalia. but from an argument, and the Jewish Persian cat, and immediately the two Every time the President had a per- proverb goes like this. The father cries cats tensed and they started hissing, as sonal political tragedy, we went into out, and I have two daughters, so I you can imagine. Iraq four different times. Let us not think you can do the same with a I petted them both and they calmed forget the hasty decision to go into the daughter, but he says, son, come home. down, and I was going to make those Sudan and bomb an aspirin factory. We have argued too long. And the son cats friends. I moved them a little clos- They just asked for $45 million to pay replies, father, I cannot, because there er and I moved them a little closer. back the Sudanese, and the President is too much between us. And the father Each time they would tense up and I said, okay, $45 million. Who is respon- replies, son, come as far as you can, would pet them. I did not have a shirt sible? Has anybody been held account- and I will come the rest of the way. on, Madam Speaker, and in a split-sec- able? Absolutely not. Sometimes that bridge is too far. If ond, those two cats hit each other, and Let me tell the Members, besides you do not understand and put yourself I was blood from head to toe from the taking up the surplus, our military in the shoes, like Jesse Jackson did, claws. today, we are retaining only about 23 and understand, even though you may We cannot repatriate Albanians and percent of our military, of our enlisted. disagree with the perceptions of an in- Serbians together who want to kill We are retaining only about 33 percent dividual group, you still have to under- each other. If you killed my children or of our aviators, our pilots. Why? stand that before you can ever come my wife or my mother or my father or When I talk to these young men and the rest of the way. my in-laws, it would take a long time young women who are flying and the The President of the United States and a whole lot of psychologists to sit people who are servicing those aircraft has not recognized that. So I think me down next to the people that I felt and that equipment, they say, Duke, I that is the first step into any diplo- had done that. It is going to take a am away from my family 8 months out macy. First of all, we have to halt the long time of work to make that hap- of a year. I am worried about my fam- strikes, leave our force in place in case pen. ily, because their benefits are eroding. it does not work. Then when you bring them back, are Our equipment is 1970s technology. Let us, instead of having the Rus- you going to have them stay in tents, I had a briefing last Friday from a sians as a problem and a threat, and for those that do not have homes? You very classified source, which I will not maybe even going back to communism, have to establish some type of secu- go into, but there is an asset that Rus- let us help the Russians. Let us let rity. That is where the peacekeepers of sia has in the air that if our pilots them be part of the solution, not only the Russians, the Greeks, the Scan- would engage it, we lose the dogfight in Kosovo but in their own political dinavians, the Italians, are; not NATO. and the intercept 90 percent of the time world back in Russia. Let us have Rus- The President and Tony Blair are all because we have shut down our re- sian and Greek and Scandinavian and bent, it has to be NATO, it has to be search and development and we have Italian troops go in and act as the NATO or nothing, it has to be NATO. not been able to compete. peacekeepers. The ego and prestige of NATO is not I am alive today, and the airplanes I Again, we have to recognize, the the issue here, it is people that have shot down in Vietnam, because I had Serbs fear the Germans, they fear the been thrown out of their homes. It is better equipment and better training. United States, and they fear Great people that feel that they have been Today our troops are getting less train- Britain. We have become an enemy to a persecuted. That is the issue, Madam ing, and the equipment is 1970s tech- once ally. Let us let them be the solu- Speaker; not NATO, not the prestige nology. Fortunately, this asset has not tion. The Greeks the same way. They and ego of Tony Blair or the President been deployed to Kosovo, but it is to have supported the Serbs. Let us let of the United States. North Korea, it is to many of our other them be part of the solution. That inner body is going to have a potential enemies in this world. That is Milosevic must withdraw his armor difficult time and a long time to repa- scary. prior to Rambouillet, but we have to triate those citizens from Albania. The Our ships are going out with thou- have a different kind of Rambouillet, President has to look the Albanian sands of sailors short. We are $3 billion one that is achievable and realistic, president in the eyes and Izetbegovich, short in ship repair for our military with options and realistic and achiev- the head of the Muslims in Sarajevo, ships. I could go on and on. able goals, unlike Rambouillet I. and demand that all Middle East fun- Madam Speaker, they say, Duke, you There is going to have to be an inter- damentalists be deported within 30 have told us all the problems, but what national body, Madam Speaker. There days. would you do if you were president? are nearly 1 million Albanians that Why? Because if they do not, these And no, I am not running for the presi- have been thrust out of their homes. A mujahedeen and Hamas from Iran and dency, Madam Speaker. My daughter large portion of those are illegal. They Afghanistan and Syria are the ones would like me to because then she are not citizens of Kosovo. But the that want a worldwide Jihad. They could have two dogs, but I do not plan Serbs have caused part of their own want to kill all Americans. They are ever on running for the presidency. I problem by tearing up many of those going to stir the pot, they are going to have my hands full right here. papers that identify who is a citizen cause problems over the next decades. Let me give some ideas. I stated from and who is not a citizen. It is going to If we allow and the President allows the day that we went in to Kosovo, and take an international body to repa- them to stay there, even a small num- I would start it off first, Madam Speak- triate the Albanians. ber, it is going to be a problem. er, by saying, some of the people can When I was 15 years old I worked on I have talked to the Orthodox Catho- remember a movie called the Jazz a farm in Shelbina, Missouri, popu- lic Church both of the Serbs and the May 20, 1999 CONGRESSIONAL RECORD — HOUSE H3447 Greek Orthodox Church. I have talked service chief said we cannot fight two China had these, the White House gave to groups of about 200,000 Serbian wars. Is that why we have left the no- them the capability to use the Americans. They support Kosovo re- fly zone in Iraq? I do not guess Saddam MIRVing techniques that, again, took maining a part of greater Yugoslavia. Hussein is a problem anymore, because us billions of dollars to engineer. But at the same time, they realize he is left unattended to do his will. If that is not bad, the targeting there may have to be a cantonization We need to build up our military, to methods to use those missiles to make of the area, much like the Scandina- replace the benefits of our military, them accurate within a meter, a nu- vian nations do, where you might have and give them the strength so that we clear weapon. That was done after $1 a separate area where the speech and can walk softly and carry a big stick, million was donated by Loral and $1 schools are French or German or Swiss. instead of the President walking softly million from Hughes and $300,000 from They support that initiative. That may and carrying a big stick of candy for Liu Cheng Ying, who is the daughter of be the first start for a new Ram- everybody. General Ying, head of technology in bouillet. But in my opinion, if you try I read this week where the President the PLA, to the Clinton-Gore cam- and take Kosovo away from greater plans on paying the Albanians who paign. Serbia, it is a no win policy. house Albanian refugees, paying for So, Madam Speaker, we have a monu- NATO in Europe has to rebuild that. Are we establishing a welfare sys- mental foreign policy problem. It is not Kosovo, France, Germany, England, tem in Albania while we cannot sup- just Kosovo. It is Russia. It is Greece. Italy, not the United States. We have port Social Security and Medicare and It is Libya. It is Kosovo. I feel that we already spent $14 billion in 6 weeks. education and medical research in our need to chase the Turks out of North- This is a European issue. The United own country? I think that is wrong. ern Cyprus, which they have held ille- States is part of NATO and should have The President has got to look at the gally for 25 years, and we have done leadership, but we should not pay more President of Albania and demand that, nothing, because we need the Turk’s than the lion’s share. since in 1850 the Albanians have want- support. But, yet, we let them stay in The United States can use its intel- ed to take over through expansionism, Northern Cyprus against international ligence services and the number of CIA Macedonia, Montenegro, parts of law. that we have. George Tenet told me Greece and Kosovo, and he has got to Madam Speaker, it grieves me to see that our assets around the world that say no more. We have got to recognize our Nation at war, especially when I monitor terrorism are extremely lim- the borders that have been formed and think that we do not have to be there. ited; that because of Kosovo, we have stay within them. From all of my military experience, to had to pull those assets into Kosovo, I think that we also need to take a see a war run ad hoc and so desperately which leaves us vulnerable in the look, and the President, to get very misused, it has cost human life, it has United States. tough on the foreign policy of Russia cost human suffering, and it is going to So I feel that our intelligence assets and China. We know that Russia today prevent many of us on both sides of the have to be increased greatly, and the still, even though they say they are aisle from doing some of the things support that this Congress gives them not, ships chemical and biological that we want with our domestic issues is necessary. weapons and nuclear components to here in the United States such as So- Iran, Iraq, Afghanistan, and we let it b 1730 cial Security, Medicare, education, happen, and to North Korea. medical research and defense. The United Nations, who has become The President in 1996 was briefed It is not a pretty time, Madam part of the problem in this, votes that there was espionage at our labora- Speaker. The President has got to get against the United States 90 percent of tories here in the United States and did off his pulpit, whatever his agenda is, the time. We only have one vote in the nothing until 1999, where the Secretary and he has got to recognize and put United Nations. They vote against this of Energy has just started to do some himself, as Jesse Jackson rec- 90 percent of the time, and we pay the things with Mike Richardson. He is ommended to the President, to see lion’s share of the United Nations doing what should have been done back both sides of this issue, to come, again. Until those reforms are done, in 1996. whether he has to admit defeat or have the President should say, ‘‘No more The President was briefed in 1996 a small victory and declare a victory, I money, United Nations.’’ In my opin- that the Chinese had stole our W–88 nu- do not care, but we cannot put ground ion, I would like to do away with them clear warhead, which is a small nuclear troops in, because even if we put permanently. warhead, which took us billions of dol- ground troops into Kosovo, we are There needs to be an international lars, billions of dollars to develop and going to lose people. body. If my colleagues expect Milosevic years. The Chetnik type individuals, the to negotiate, knowing that he is going We have an asset, but I cannot tell guerillas will kill our people. I feel to go before a war tribunal for war my colleagues what it is, where we re- that the KLA, Mujahedin and Hamas crimes, do my colleagues think he is verse-engineered, that we were going to will kill our people and blame it on going to ever stop? No. But I think an use that asset. We were building a sys- somebody just to keep the pot going. independent body should be established tem to combat the asset. Our system Then if we do, we have just bought to look at Tudjman, the head of the would not have worked, but we had Kosovo for $3 billion to $5 billion a Croatians, that murdered 10,000 Serbs that asset, so it saved us billions of year, when we are already in Bosnia at in 1995 and forced ethnic cleansing out dollars by having that asset and seeing $16 billion and Haiti. We are still in of Croatia of 750,000 Serbs. how it worked so that we did not go the Korea for 25 years. When we talk about Holocaust, that wrong direction. It is time to get out, Madam Speak- comes much closer to a Holocaust than Now the Chinese have got not only er. It is time to build up the United Kosovo. The gentlewoman just before the W–88 warhead, but they have got States, to pay down our debt, and to and the gentleman was talking about, secondary and tertiary missile boosts, take care of some of our domestic prob- look at the Kurds. Look at 25 different which they did not have the capability lems here. areas around the world that are far to do. f worse than this. Are they despicable? George Tennet told us that Korea Yes. Are they Holocaust? No. The spin was 10 years away from being able to COLUMBINE HIGH SCHOOL will not gain the President the Nobel hit the United States with a missile, a The SPEAKER pro tempore. Under a Peace Prize. nuclear missile. Guess what. They have previous order of the House, the gen- Our United States military, we have it today with a Taepo Dong 1 and tleman from Missouri (Mr. GEPHARDT) got to rebuild it. I believe that peace Taepo Dong 2 that China gave to them is recognized for 5 minutes. does come through strength. Our 300- that we gave to the Chinese and they Mr. GEPHARDT. Mr. Speaker, today ship Navy that was established by the are exporting. is the 1-month anniversary of the trag- QDR, which is a report that says this is If that is not bad enough, the capa- edy at Littleton, Colorado. I hoped to what we need to fight two wars. The bility to MIRV, to put several of those come to the floor today to speak on bottoms up review for the services, our W–88, and the President knew that what we as a Nation need to begin to H3448 CONGRESSIONAL RECORD — HOUSE May 20, 1999 do to solve this epidemic of youth vio- areas, we know that these steps alone violence but not the causes of violence. lence. I did not expect that we would will not solve the problem. We need to We talk about guns or conflict resolu- have had another shooting at another address the broader issue of the quality tion or school violence programs. And high school, serving as another alarm, of our children’s education and how to it is right that we do so. But we spend as if we needed one, prompting us to give them the attention they need to far too little time discussing how we act. grow up to be healthy in both mind and can prevent these problems in the first During the memorial service in body. place. Littleton, a singer, Phil Driscoll, sang At the President’s meeting on school It is obvious that the modern family a song that he wrote for the occasion. violence at the White House, various needs help in filling the time holes that In the song, he sang a line that I can- experts on violence repeatedly made exist. The only institution, in my view, not get out of my mind. The line was, the point that this problem of school that can possibly fill these holes are ‘‘This is a wake-up call. How many in- violence is a problem with many lay- our public schools. Schools have com- nocent have to fall.’’ ers. They also said that such a com- plained about the need to fill all these Today we received another wake-up plicated problem demanded more than holes. But the truth is that only call coming from Conyers, Georgia. single simple solutions. through the public schools can we What a wake-up call it was. But what One cause of the problem is that par- achieve the scale that we need to solve can be done to solve the problem? What ents spend nearly one-third less time these problems with all the children of can we do to address the concerns of with children than they did a genera- students and parents? tion ago. With more single-parent fam- our country. I think there is a lot we must do and ilies and more parents working more We need nothing short of a revolu- a lot that we can do. I refuse to accept jobs and more hours and spending more tion in our public schools to deal with the defeatist attitude which says this time in traffic, there is just a lot less the modern problems that children face is a complex problem, and, therefore, time for parents to be with and com- in the modern world. Nostalgia for the there is nothing that Congress can do municate with and raise their children. past, criticism of other institutions for about it. That is wrong, and that is un- not meeting these challenges, or finger b 1745 acceptable. pointing at institutions that are not We have a national security crisis in In many families today, the kids are doing enough will not get us to a solu- our schools. We have lost more Amer- left alone most of the time. And as we tion of these problems. ican children in our schools than all know, kids do not raise themselves. We must really begin to build the When parents are home, they often American soldiers in Kosovo. This is a public will to do what is necessary to do not spend as much time talking national security crisis which requires really solve these problems. Raising with their children. With television, the same kind of mobilization that we and educating children correctly is a the Internet, pagers, and other distrac- apply to any military threat abroad. huge task and will not happen without tions, parents communicate less with Obviously attention must be paid to human will to achieve that goal. the accessibility of guns in our society kids even when they are able to be and the frequent and intense images of home. Before television, time around In World War II, everyone thought violence in our mass media. Clearly, we the dinner table was a time for family America was way behind and would not can make guns less accessible to kids. communication. Now if a family has win. What critics misunderstood was We can try to give parents better tools time for dinner together, many fami- the will of the American people. Once to supervise what their children are lies have the television on during din- every American internalized the goal watching or playing on the TV or the ner and nobody really talks to one an- of winning the war, each one of them Internet. other. did what was necessary on a daily basis Legislation has been debated and Another factor that was mentioned and the war was won. The same can be passed on the floor of the Senate over was the amount of domestic violence achieved with our children, but a simi- the past week that tried to make and child abuse that some young peo- lar effort to what took place in World progress on limiting the access of kids ple are exposed to today. We have al- War II must be achieved. to guns. I favor effective legislation to ways had these problems, but the prob- All of us, whether we have children keep guns out of the hands of kids and lem is far worse now than it has ever or not, has a responsibility to enter hope the House will take up this legis- been. It is obvious that children ex- into this effort to educate and raise our lation before we leave for Memorial posed to abuse are much more prone to children. It is in our deep self-interest Day. resort to violence in their own lives. to do this. Government at all levels This makes sense and should have no Another factor is the size of high must help, and local government has impact on law-abiding citizens who schools. Most of our schools were built the major responsibility. I hope in the want to purchase and own guns for after World War II when we were trying days ahead we will work together to sporting use and their own protection. to accommodate the baby boom. The find answers to this crisis. We are talking about passing common- schools were built large for economic Before the memorial service in sense, child-safety legislation to make reasons, and the size did not matter Littleton, I went with Colin Powell and sure that children cannot get easy ac- when families were intact and parents Vice President GORE and the gentle- cess to guns. could spend more time with children. woman from Colorado (Ms. DEGETTE), I hope the House can follow the Sen- However, in today’s world, it is unwise other members of the Colorado delega- ate’s lead and move this kind of legis- to have anonymous children in large tion, to meet with the parents of the lation forward without loopholes. schools. dead children. We met with them for an But child-related gun legislation is Another problem is the increasing di- hour and a half before the memorial only one part of the puzzle. There is a agnosis of mental illness among chil- service. We hugged them. We cried with lot we must do to make sure that our dren. One of the experts at the summit them. I told them that the whole coun- children are not exposed to inappro- said that mental illness is more preva- try was there with us standing with priate violent material in the media. lent than ever but health insurance them at this time of terror and sorrow. The Vice President has begun a dis- covers these problems less than ever. cussion with Internet companies to Consequently, many kids have prob- One of the mothers, after sobbing un- publish the same ratings for on-line lems but cannot get the professional controllably and shaking in my arms, gaming that most TV shows have al- mental help that they need. pulled back with a picture of her child ready. The President has called on the One expert said that our problems and she said, ‘‘Congressman, I hope you movie theaters to better enforce the stem from what adults do to children will lead in the Congress to make sure rating process that is already in place or do not do for children. The answers that my child did not die in vain.’’ I there. Newspapers must also do a bet- to our problems lie with adults and will never get her face out of my mind. ter job of making the rating systems what we can do to raise children prop- And now we have more fathers and clear to parents. erly. mothers in Georgia who today are say- Even if we are able to make the We spend so much of our debate and ing, ‘‘I hope my child was not injured progress we hope for in these two our time addressing the symptoms of in vain.’’ May 20, 1999 CONGRESSIONAL RECORD — HOUSE H3449 How many more children have to go business, that the gentleman from Illi- As we looked at what has happened, down for all of us to accept the respon- nois (Mr. HASTERT) also came down and many of us see America has become sibility that we have to see that chil- spoke about recent shootings and trag- alienated from each other. We see in- dren are cared for and loved and re- edies facing this country. creases in hate crimes. For our chil- spected and disciplined so that this I want to speak tonight, as the dren, we see and the experts tell us does not happen again? Speaker’s designee in our special order, that we spend over the last 15 years We may not be able to agree on much about what we Democrats as a party one-third less time with our children here, but we owe every parent who has have been trying to do here to address than we did 15 years ago. So there is lost a child to violence our best, honest this very, very serious national crisis, maybe less structure, maybe less dis- efforts to work together as a Congress as the gentleman from Missouri (Mr. cipline there, less guidance for our to solve some of these problems. GEPHARDT), our Democratic leader, children. I am not so arrogant to think that we stated. For our children, the alienation that have the power to single-handedly But what we say here tonight, I want we see is now surfacing in schools. So- solve these problems. But we need to everyone to understand, is not a Demo- ciety’s problems are beginning to sur- start the process of reaching out to one cratic or Republican issue. We want to face in schools. And even from our own another for comprehensive, meaning- work with both sides to try to bring leadership, I think when we have dis- ful, effective solutions. We need an some consensus if we can on things putes on the floor which end in harsh honest discussion of the profound that we should take as a Nation. But I words amongst each other does not changes that are happening in our soci- think it is important for us to under- speak well of the House as a whole or ety and what we can agree will begin to stand where some of us see as where we elected leaders and contributes to that change our culture so that all of our are going. alienation. children, every one of them, is raised And things I say here tonight are my It is time for people to come together to be a productive, law-abiding, con- beliefs as the convening chair of the to try to reconcile our differences, the tributing citizen in this great society. Crime and Drug Task Force for the ill will that exists not only on the If we cannot somehow do that, we will Democrats, not just this Congress but House floor of the U.S. Congress but the past Congress, and does not nec- be consigned to more and more the ill will that may exist in our fami- essarily reflect the views of everybody Littletons and more and more Conyers, lies, our homes, our schools, our com- in our caucus. And I am sure they do Georgia. munities, our leaders, and even within not reflect the views of my Republican Every day in our country we lose 13 ourselves. friends. young people to suicide and violence. So how do we end alienation and But some of us are beginning to sit Every day there is a Littleton. And it back and try to meet individually and begin reconciliation to end the school has to come to an end. If we cannot act bipartisan; and, as a Democratic cau- and personal violence that we see that on something as important as our fam- cus, we have been convening the chairs is gripping the headlines every night? ilies and our futures, then we will fail of the Education Task Force, the How we do it is probably as varied as in our most basic duty to promote the Health and Human Services Task America. What works in North Caro- safety and well-being of all of our peo- Force, of the Crime and Drug Task lina may not work in Michigan. Or we ple. Force and we have been meeting. know the program that may work in We must do it now, not a month from We were meeting before the tragedy North Carolina, character education, now. We must do it before the next of a month ago out in Colorado and as they tell me, we may know it by a breaking news on CNN about another really since the first of the year really. different name in Michigan where I school shooting. We must do it before We had numerous meetings. In fact, represent. But what works in my we see the pictures of children running today we had another one that we con- northern rural district certainly will across the lawns of schools trying to vened and tried to kick around more not work in the inner cities of our find safety. We must do it before we get and more ideas and bounce ideas off great cities. another wake-up call and another spec- people. I know many of us, both Demo- b 1800 ter of death among our young people in crats and Republicans, have been in But what we understand is this. We our schools. schools and talking with teachers and understand that 100,000 weapons, be it We have already waited too long. We parents and what can we could. have overslept. It is time to wake up. As the convening chair, my qualifica- guns or knives, come to school each It is time to hear the wake-up call and tions before I came into the U.S. Con- day. We know that there are four times to say, this must stop, this must end. gress was I was a police officer for 12 more guns out there, handguns, than And as another parent at Littleton years as a city police officer and as a there are children going to school, so told me, ‘‘Surely,’’ as tears rolled down Michigan State police trooper and there is access to guns readily avail- his face, ‘‘we can do better.’’ worked with juveniles, worked in juve- able. We know as the Democratic lead- This is the greatest country that has nile crime areas, and taught criminal er said, there are 13 deaths per day of ever existed on Earth. We have a na- investigations at the academies and young people in America. We know tional crisis. The crisis is among our constitutional law and everything else. that school psychologists tell us that young people and it is in our schools. And the school violence issue that has probably 20 percent of the kids, stu- And surely we can summon the good- swept across the Nation the last 18 dents from K through 12 probably 20 ness and the greatness of our people months, it is hard to put into words percent of them need some help in and all of us to face down this death how it has torn at so many of us and dealing with problems at home, call it and to bring it to a final and lasting how do we best address it. mental health problems, if you will. conclusion. What we have found through all of They also tell us that 3 to 6 percent of f the meetings, through everything that the students in our schools have severe has happened, even with the shootings mental health problems. CRISIS IN OUR SCHOOLS today in Conyers, Georgia, I think the So when children lash out with those The SPEAKER pro tempore (Mrs. only thing we can see say is this is a statistics, with the ready availability EMERSON). Under the Speaker’s an- very complex issue and there is no sin- of weapons coming to and from school, nounced policy of January 6, 1999, the gle solution, there is no magic program you can see how the violence erupts gentleman from Michigan (Mr. STUPAK) that we can pass that would solve this. and comes out and we see the headlines is recognized for 60 minutes as the des- And we have got to get past blame we see each and every day. We ask the ignee of the minority leader. games. statisticians and others in our meet- Mr. STUPAK. Madam Speaker, I I know the gentleman from Missouri ings, is there a large enough sample of want to thank the gentleman from (Mr. GEPHARDT), the Democratic lead- violence with the shootings that have Missouri (Mr. GEPHARDT), the Demo- er, again has asked the gentleman from occurred in the last 18 months, enough cratic leader, for those words. And I Illinois (Mr. HASTERT) to try to put to- of a sample to say, are there similar would also like the RECORD to note gether a bipartisan group. And I hope characteristics of school violence in that earlier today, when we finished we can do that. America? They have told us, no, the H3450 CONGRESSIONAL RECORD — HOUSE May 20, 1999 sample is not large enough, that any is unique unto themselves, but as we chor of the tree of school violence and kind of conclusions you may draw from have seen in the last 18 months, we are death. the incidents may very well be skewed all subject to the same violence in fam- So let us not fail to see the forest but because they have been small. ilies and in schools and communities. for the trees and let us not fail to see Let us hope the sample does not get From the victims families, from all America for the violence we are experi- any larger. But we should not wait the folks we have had a chance to talk encing because America is the greatest until there is enough violence in our to, it seems there is a lot of confusion country there has ever been. We have schools to say, ‘‘Okay, now we have and hopelessness and despair out there. an opportunity here now to stop and enough sample, what can we do?’’ I As I said, there is no simple solution. look at what is going on in this coun- think there is enough for us to work There is no political quick fix. We need try, in our communities, in our together as Democrats and Republicans vision. That is why I was so pleased schools, in our homes, and what can we to come together and start to look at today to see both the Democratic lead- do as a Nation? The violence, we just what can we do. er and the Speaker speaking of a will- cannot look at it in other people. We There have been many ideas kicked ingness to work together and a need of have to look within ourselves. Because around. I would just like to share some a vision in this country, an action and the violence is ingrained. It is not just of them tonight, not that any one of a long-term commitment. Unfortu- what we do or what we say, but I think these ideas would be a solution but at nately in the United States Congress, we also have to go beyond that and the least I want the Congress and the we authorize and pass programs that violence or the signals we send can also American people to know we are think- will last for 1 year or we do a pilot pro- be caused by what we do not do or what ing, we are looking, we are probing, we gram for a year or two. Then if it looks we do not say. By what we do, like rec- are asking the questions and we need pretty good, we will use a 3-year pro- oncile differences within our homes, your input. Many of us feel that maybe gram or a 5-year program. But I think our families and our schools and our there should be a national commission we need a long-term commitment here. communities would be a start. So to examine not just the short-term but We need at least a commitment of a where do we start? If we focus with the what are the long-term impacts, what generation. I think it is incumbent schools, as I said earlier, I believe soci- is the long-term approach that we want upon this generation to start putting ety’s problems are surfacing here, for to take here? forth and thinking long-term so we can all to see, to place our sons and daugh- It seems like violence in America is save not only this but also future gen- ters and children in with the schools, constantly shifting. Maybe we need a erations. let us focus on the schools and what national focus, much like maybe the As I said earlier, the family situa- should we be advocating, what should Carter Commission we had in the late tions, the situations that we see in we be doing? Again, there is no simple 1960s to address the problems facing school are reflective of so many fami- program to pass, if the Congress would the country then that actually put lies that are surfacing in the schools. pass it and fund it, it would go away. forth some proposals and some solu- So you cannot say it is a State issue. Congress cannot reconcile America’s tions. How do schools and communities You cannot say it is a local issue. I alienation within the family or within access what may work or may not think the Federal Government must each of us, but we certainly can en- work? What ideas are out there? How show some resolve. By that, we in the courage you, support you and assist do they reach out? You have so many Democratic Party believe that it is not you. And here are some of the ways programs going on in the Federal and just something that we pass a program some of us believe we should start. The State governments and Department of and then block grant it to the States. Federal Head Start program. Can we Education and Department of Justice We at the Federal level must show the not expand that program? Many of us and the Health and Human Services resolve. We cannot shirk from this re- for years have said, look, at 3 to 5 and public health, can we not somehow sponsibility. We just cannot block years old, they should be in Head put these programs under an umbrella grant away another national problem. Start. We should fully fund it. But if so schools can easily access to learn This is a national problem and it is we expand that program, can we not what is working in northern Michigan begging for a national solution. But if teach mandatory in the curriculum vi- that may work in southern California. you are going to get at the root of the olence prevention and conflict resolu- Can we have a national clearinghouse? problem, I think you have to strike at tion? Why can we not take that one Can we be under a commission and an maybe four main elements we have and expand it? It has been interesting agency? Can we do a one-stop shopping seen, we have looked at, we have stud- as we have had the Law Enforcement area, if you will, so we know what is ied, we have discussed in our many Caucus, we have had experts in many working? meetings and discussions with experts. times and it has been interesting that We have plenty of studies out there It is what is happening in our commu- the larger cities have noticed the prob- across this country that says this nities, what is happening in our homes, lems they were having in their schools works up here in Boston, Massachu- what is happening in schools and yes, and part of their curriculum is violence setts, or character education based on what is even happening with the pro- prevention and conflict resolution. It is this model will work in North Carolina, liferation of guns when we have four interesting to note it has not been the or school resource officers work in handguns for every student going to larger school districts that we see that Michigan. How do we allow everyone to school floating around these commu- are having the violence that we have access it? New Jersey has a program nities, the easy accessibility of them. been witnessing lately. Maybe there is called crisis intervention officers. Is Do you address all four of them? I something there that we should teach that different from a school resource think you have to address all four be- and why not start it at the Federal officer which is really community po- cause all are interrelated. They are Head Start program? We have the licing where parents and teachers and interconnected. All are branches, if you healthy child program. It is a program students work together in a partner- will, on a tree that combine to form a that coupled aspects of it, last year in ship to keep down crime and violence trunk or the base but underneath there the balanced budget agreement, we put in the schools. lie the roots and the roots which an- in CHIPs, Children’s Health Initiative We have met with former pro football chor the tree, the forbidden tree, if you Program, CHIPs as we call it for short. star Jim Brown. His program Ameri- will, the anchor of school violence and That was to help young people who do Can is a great program that may help death that we have unfortunately seen not have health insurance have health us and is being used in 14 different once again here today. The branches on insurance. In the State of Michigan, we States right now to address after- this tree, be it guns, schools and com- are like 20,000 applications behind. Peo- school problems and self-esteem that munities or the home, look remarkably ple are waiting 6 months to access this young people need. His program looks similar, and it probably should, be- program. They are either going to be in like one that may work. It may not cause it is us. It is really America. It is the Medicaid program or the CHIPs work again in my northern Michigan what we teach. It is what we teach the program. Why do they have to wait 6 area but it certainly is one we should baby roots, our children, if you will. So months? Why are we 20,000 applications look at. Each community, each State when they grow, they become the an- behind, when I was bringing it up with May 20, 1999 CONGRESSIONAL RECORD — HOUSE H3451 the governors representatives and then city we have the summer recreation community does not seem to be the an- we really do not have a good idea or a program but after school starts, what swer of all we have seen in these recent good answer on why they cannot expe- about those who are no longer in months, in the last 2 years. So some dite the program and provide it to sports, what is for them? In my home- States have what they call alternative these people, to the young people who town after that? schools. Some of us like to call them are uninsured, especially when we talk Again can we use these professional reentry schools. about the mental health provisions Federal staff people to assist there? And if you are going to be suspended that 20 percent of the students are That is something I think we should for whatever, be it weapons or what- coming to school with mental health take a look at. We talked a lot about ever it may be, why not, before you problems or difficulties or need some- school hot lines. School hot lines, ones come back into your school, there is a one to talk to and 3 to 6 percent of that have been used out East here reentry which must address the rea- them have severe mental health, how quite a bit with some success. Those sons for your suspension, and espe- come we are not addressing that? Why were the school hot lines we talked cially if it had something to do with are we not expanding these programs about the student using if they have a weapons or drugs or alcohol. Let us an- to address these needs? If you take the concern, be it safety or just a concern, swer, let us answer those questions be- K through 12, we have heard from they can use the hotline to call in and fore you reenter. school counselors and probably every- someone would get back with them, be I indicated earlier that guns unfortu- body across America says, ‘‘Yeah, I it one of those counselors or nurses or nately are readily accessible and four know a school counselor,’’ but when crisis intervention people or school re- guns for every one student we have, you talk to the counselors, we say source officers. and 100,000 weapons come to school a what are you doing, are you there to With the recent incidents from Colo- day, and we have 13 deaths a day of counsel, are you there to help, are you rado and now too in Georgia, the super- young people. How do you begin to ad- there to be there for the students, to intendents are telling us and even in dress that? If you are going to start ad- interact with them. Basically they tell my district, even last Monday we had dressing legislation such as that, I us, ‘‘Well, we really don’t have time be- another bomb threat, how do you crack think not only you have to address cause we’re busy with the busing down on that if you have a hotline? what is happening in communities but schedule,’’ or ‘‘We’re busy doing the Does that become the hotline for the also in our homes. And in the last week you have seen curriculum,’’ or ‘‘We’re busy preparing bomb threats or the assaults or alleged many dramatic votes in the Senate on the students for the next round of test- assaults on the school? Then do you it, everything from 21 years old to pur- ing going on by this group or that put in the caller ID? Can you crew the chase hand guns to closing the Brady trap lines? Can you backtrack it, to group or the State,’’ or ‘‘We just really loophole on checks at gun shows and cut down on these? And why could the are helping the students who want to pawn shops and child safety locks and go on to college with their college ap- hotline not be a parent’s link to the liability and storage, and these are plications and things like this.’’ The school to see what is going on in the things I think that we have to address counseling that we envisioned or we school, what events are going on, what and at least talk about. Whether you saw when we were in school just is not is the drama club doing, what is their are a Democrat or Republican, conserv- there anymore. So if the counseling, be next event? Also why can the home- ative, liberal, it is something we have it nurses, psychologists, school re- work assignments not be there so the to have a discussion about, and hope- source officers, crisis intervention offi- parents know if there is homework as- fully it can be a meaningful discussion. cers, counselors, cops in the schools, signments, so they can take an active We have talked, many of us, and I should we not make sure that if they role in there? know even today the Speaker men- are going to do this, they have the op- Another suggestion we have heard in tioned about ratings on games and portunity to do it and not get bogged our many, many meetings is why can Internet access and things like that; down and not be utilized for busing or we not do hold and safe rooms? Hold and besides all the meetings we have for curriculum development or testing and safe rooms is, I mentioned earlier, been having, we have been hearing arti- or college applications? Should they 100,000 weapons come to school every cles and experts talk about are we real- not really have it, should there not be day with young people. If you are with ly training our children to kill, and a professional staff that could help a weapon in school, what happens? Do they talk about the desensitization there? And should that not in order to you hopefully not like what happened which is going on with children. protect them from the budget cuts that in one school shooting incident where And many experts have said, and if I occur all the time as local taxpayers the student came with a weapon in can quote from one or two articles, struggle to keep their millage rates school, was sent home, got more weap- children do not naturally kill, they low to provide a quality education? If ons and unfortunately violence learn it from violence in the home, and they are the first people who are cut erupted. most pervasively from violence as en- every time there is a budget cut, is b 1815 tertainment and television, movies and there a place then for the Federal Gov- interactive video games. And they go ernment to step forward and say, look, So holding safe rooms, should each on to say that every time a child plays if there are going to be professional district have one, have one designated, an interactive video game, he is learn- staff, should the Federal Government that is a program that does not even ing the exact same conditioned reflex not at least put forth the majority of cost anything, but what it tells us is a skills as a soldier or a police officer in their salary so they are not subject to student comes here with a weapon, we training. these cutbacks, so they can be there to are just not going to release them back Mr. Speaker, every parent in Amer- interact? into the community without holding ica desperately wants to be warned of And what about before and after them and making sure they are safe the impact of TV and other violent school programs? Everyone tells us and making sure all precautions are media on children, but unfortunately that the juvenile crime rate is the taken to protect that student, other we have seen, I said on the Committee highest between 4 o’clock and 8 p.m. at students and the community itself. on Commerce, unfortunately we have night when the students are out of And what if the student is removed seen a lot of our TV networks sort of school and they have idle time on their from school? I have heard governors stonewall what it really means in our hands. Can we not have programs? I say throughout this great Nation of key means of public education in have often wondered why these so- ours, that first student that comes to a America, and I hope we are not called after-school programs are only class with a weapon, just throw them stonewalling them. run during school but when young peo- out of school, no questions asked. Then These are all issues that we have ple are out and about the most during where does it go? Where does the stu- been trying to address, and there have the summer, there is no program. dent go? Back into our communities? been again many, many articles that Should there not really be a year-round Do they work? Where do they go? we have looked at, we have argued program for them? Should cities or There is nothing to help them, and about, we have debated, and we con- schools not do sponsorship? Like in our just letting them loose back into the tinue to look for answers. As I said, H3452 CONGRESSIONAL RECORD — HOUSE May 20, 1999 there is no one single program, there is again leads me to come to the floor to- a national dialogue, as education is the no one single solution, there is no night to join with the Democratic lead- number one issue across America. Democratic or Republican solution ers and others to try to talk about Every single union hall I go into, it is here. We must work together on this. what we are doing, what we are doing. the number one issue, every single As we talked about the counselors, And I notice one of the leaders in this business I go into it is the number one there are about 90,000 counselors right area, Mr. ROEMER from Indiana, is issue, every single home I knock on in now in America, and they are in the here, and at this time I yield to the Indiana it the number one issue. public schools from middle to high gentleman. And now not only are we concerned school. We have 90,000 counselors for Mr. ROEMER. Mr. Speaker, first of with better schools, innovative schools, 19.4 million students. That comes out all I want to thank my good friend, the creative schools, helping with charter to about 1 counselor for every 450 stu- gentleman from Michigan (Mr. STU- schools, helping with this Ed-Flex pro- dents. PAK), from the Midwest, right next to gram that we just passed, but we must But as we spoke to those counselors Indiana, my home State, for having be concerned with safer schools. We and their representatives, they said, this special order on a very, very im- cannot let this happen over and over ‘‘We do not get a chance to counsel portant topic in America today. I want and over again, from Arkansas to Mis- anymore like we used to. We actually to commend our leader, the gentleman sissippi to Kentucky to Colorado to Or- spend time,’’ as I said earlier, ‘‘helping from Missouri (Mr. GEPHARDT) for tak- egon to Georgia. We do not want this on developing core curriculum, helping ing the time to come to the floor to ad- happening in Indiana, and I know in on the busing schedule, helping out dress this very, very important issue my good friend’s home State of Michi- with kids wanting to go on to college,’’ for all Americans in facing, and not gan and Port Huron the other day we and how do we help them out there, only are we facing trying to come up had another instance of potential vio- ‘‘and just basically doing testing, test- with creative and bold and innovative lence. ing, testing so our school scores well solutions to make our schools better, So I would hope that the Speaker and on the test so we can hopefully get we need to make our schools safer. the Leader could get together, I would more resources.’’ But the kids are lost I was sitting in my office just min- hope Democrats and Republicans could in the whole shuffle. utes ago making phone calls back join together to discuss in a national So is it feasible to put in 100,000 more home to Indiana to talk to and listen way, with national dialogue and input counselors, much as we did 100,000 cops to farmers, and our farmers are going from a lot of different sources, teachers on the street, to stop this violence that through a very difficult time in small and parents and principals and coun- we see in our schools? And if you town communities with the price of selors, people that think that families looked at it, that would add about beans and corn and hogs being so low. are the number one concern and the 100,000 more counselors, would bring it And I was speaking with some of them, number one answer, people that think down to 1 to 250 students. But then we and some of them were saying, well, we that media violence is the number one got to make sure those counselors are are in danger of going out of business concern and the number one answer, not bogged down doing busing, or test- and we are having all kinds of problems people that think that metal detectors ing, or core curriculum development, in our small town communities, but we and safety and security measures in or college preparation. have our family and we have our chil- schools are the number one concern And what about after school pro- dren, and we will get through this. and number one answer, people that grams? We think there are many of Imagine, imagine what some families think that there are too many guns in them, good programs that can work, in America are going through today in society. whether it is Amer-I-Can or Boys and Paducah, in Jonesboro, in Springfield, Mr. Speaker, let us have these de- Girls Clubs or whatever, why can we in Littleton, in Georgia today, that bates. I do not necessarily think that not do those things? had their children shot at school, have we can legislate everything here to an- As my colleagues know, we just did children injured and sent to the hos- swer this compelling problem on the an emergency supplemental appropria- pital, are scared about sending their House floor, but we can talk about the tions that the President asked for $6 children to a public school or a private importance of family and the role of billion, ended up being $15 billion, and school to get an education in America bringing up our children, we can talk we passed that. Can we not put forth an today. That is a compelling issue for about how parents must be at that emergency school supplemental appro- this Congress to address and address in kitchen table and talking and listening priation? a bipartisan way, address in a thought- to our children. We can talk about how And what about family, school and ful way, address in maybe a short term this has to be done more in America. teacher initiatives? Why can we not way but in also a long term way, with We can talk, and hopefully talk and re- have these hot lines? Why can we not vision, with perspective, with a lot of spect the First Amendment about the expand the family medical leave that thought and with, hopefully, a lot of number of media games, of games on we tried to do, to make it available so answers. the Internet that companies are put- parents can go to school to spend some I cannot imagine, as a parent of three ting out there for our children, that do time with their children, whether or children, being in the shoes of some of not need to be sold to our children, not, not just at report card time but the parents that are in these cities that escalate the number of violent ac- other times? Why can we not expand across America, in these suburbs across tivities on the programs, that reward that? America, in these situations across kids for the more people that they These are just some of the ideas I America where their children are in harm on these video games, the more said that have come out of the Demo- danger, where their children are being points they get and the more harm cratic Caucus. We have been working harmed, where their children might be they can do. We do not need to be sell- on it since the first of the year. It has shot. And just on CNN tonight in a Gal- ing those products to our children. taken on new urgency with the situa- lup poll, they did a Gallup poll to 13 And we can talk about some, yes, tion in Colorado and again here today and 17-year-olds, asking our 13 and 17- some answers that maybe Congress can in Conyers, Georgia, but I want you to year-old children in schools today, ‘‘Do come up with. We can talk about know that we have been working and you feel safe?’’ Asking them what some maybe some ways to put some pro- thinking and trying to take your sug- of the biggest problems are in our grams together to allow our local gestions and ideas that have come from schools: peer pressure and the cliques schools to pick from a host of different the American people and from the psy- and standing up for what you think is answers, whether those answers be that chologists and National Education As- right and against somebody putting the school picks from looking at put- sociation and American Federation of down other students in very harmful ting more metal detectors in the Teachers and everyone we met with, and mean ways. schools, to having more counselors in and as House Members we have even But we have to get back, and I think the schools, to having more mental and met with Senate Members. And again, my colleague from Michigan (Mr. STU- psychiatric resources available in the we are all trying to pull together, and PAK) understands this, we have to get schools, to more D.A.R.E. officers in unfortunately today’s incident once back in Congress to helping try to have the schools, to other proven research May 20, 1999 CONGRESSIONAL RECORD — HOUSE H3453 methods that make our schools safer, having this special order. I again want So while we talk about school vio- allow our local schools to pick and to thank the gentleman from Missouri lence or what is happening, we still choose as they should, as the local (Mr. GEPHARDT) for taking the time to have other matters that we must ad- schools should do, from a host of dif- come to the floor to talk about these dress again hopefully in a bipartisan ferent measures. issues, and I want to commend the gen- way, and I would yield to the gen- b 1830 tleman from Michigan (Mr. STUPAK) for tleman from New York (Mr. ENGEL). trying to put some packages together Mr. ENGEL. Mr. Speaker, I thank my Let us in this great Chamber, where on the crime side, on the juvenile jus- friend and colleague, the gentleman George Washington peers down on us tice side, to also look at some solutions from Michigan (Mr. STUPAK) for yield- and godly trust is above us, where we to these vexing and very important ing. Let me just say that I certainly have had so many historic debates in problems. endorse everything that he has said this great place, let us discuss the Mr. STUPAK. I thank the gentleman about violence and about the terrible issues of the day. Let us bring edu- from Indiana (Mr. ROEMER) for joining tragedies taking place in our country, cation front and forward to improve us tonight and thanks for coming down in our schools today. As the father of schools, to make them better and to and joining us. As one of the leaders in three children, I know that every par- use more creative approaches to do the education field, as the gentleman ent grieves when we hear of these trag- that, but also look at the safety issues, has been, with a new Democratic coali- edies at our schools. We obviously need to look at what we need to do to give tion and others, we really appreciate to put our heads together, Democrats, more assurances to our parents and our the insight he has given us as to what Republicans, Americans all. There are families, that our schools and the works in Indiana, in his district, as I no easy solutions, and none of us has United States of America are going to said earlier. What works in New Jersey the magic answer. be safe places for our children. or Michigan or wherever it might be, it We certainly cannot legislate these We can do an emergency supple- may work in that community or that things. I think as leaders of our great mental. If we can make that a priority State unique unto itself but all of our country we need to have a dialogue and in this country, and I voted for it, to communities in this country right now make sure our troops have the re- we need to put our heads together and are basically subject to violence in come up with something with which all sources overseas to be successful in families, in schools and communities. battle, we should make sure that our Americans can identify. So I thank my No matter how one cuts it, no matter friend from Michigan (Mr. STUPAK) for families are talking about the right where one stands on the issues, there things. Where we can help, where we his leadership in this regard. just seem to be so many weapons avail- Mr. Speaker, I wanted to speak a bit cannot, where we cannot legislate this, able and so much alienation out there we can have a national dialogue, but about violence that is happening on the and so many opportunities for violence. other side of the world in Europe, and we can talk about many of these other I am sure if the gentleman looks closer things here in this body, with Repub- that is the situation in Kosova. I had in his polling results that he has seen, not intended to speak but I earlier licans and Democrats together, sharing he will see there is sort of like this in some of the answers, disagreeing heard the remarks of our colleague, the hopelessness out there, confusion and gentleman from California (Mr. maybe on some of the answers but at despair on what we should do, and the least proposing some solutions to these CUNNINGHAM), and I just felt that some gentleman is absolutely right, there is of the things he said really should not problems, with safety in our schools, no simple solution. There is no quick with better schools in all of our neigh- be left unchallenged. political fix to this vexing problem. I believe what the United States is borhoods across this great land. We need vision, we need action, and So I really want to say that there doing in Kosova is noble, and I believe we need long-term commitment, and what the President has attempted to cannot be anything more important again not just for 1 year or 3 years or that we as a Congress can deal with in do is noble. We could have easily stood 5 years, but at least a generation. by and let the genocide and ethnic this session of Congress. There cannot I know that the gentleman from Indi- cleansing continue and not done a be anything more important to parents ana (Mr. ROEMER) has always worked thing and that would have been the than better schools and safer schools. in a bipartisan way with Democrats easier thing for us to do, but I think to There cannot be anything more impor- and Republicans and that is what we the President’s credit and to our great tant in the history of the country as we are asking here. As the Democratic country’s credit we decided that we move into this new millennium than Caucus, we have been reaching out and better and safer schools and Congress we will continue not just to our col- just could not stand idly by 55 and 60 working together to improve those leagues on the other side of the aisle years after the Holocaust and see an- schools. but also over in the Senate to try to other tragedy going on on the con- So I just want to say, in just the few find some kind of solutions. tinent of Europe. minutes that the gentleman from All these things, whether it is the To those people who say, well, why is Michigan (Mr. STUPAK) has the special community, the schools, the homes or the United States involved when there order tonight, that I share in his con- guns, they are all interrelated, inter- is genocide going on all over the world, cern; that I applaud his leadership on connected. We have to be prepared to obviously we are involved with our drawing many people together in the start addressing all parts of the prob- NATO allies. NATO is the North Atlan- Democratic Caucus to look at a wide lem. tic Treaty Organization and so NATO variety of answers, whether they be I wish we could but the Federal Gov- is primarily concerned with what goes long-term answers, such as I think ernment just cannot pass a law, the on in Europe, and this has a terrible fully funding Head Start programs and Federal Government just cannot rec- destabilizing effect in the Balkans and preschool programs, long-term answers oncile America, or alienation within indeed on the whole continent of Eu- like helping our families, encouraging the family or even within each other, rope. our families to stay together and not but we certainly can encourage; we So we, as one of the lead nations in implode, looking at counselors and would support and do anything we can NATO, as the lead nation in NATO, I metal detectors and letting local to assist. believe we need to be very responsive schools pick from a host of solutions, So I certainly appreciate the gentle- to genocide and ethnic cleansing. but we need to draw people together in man’s time and effort in coming down Mr. Speaker, there seems to be a our caucus, we need to draw people to- here tonight to speak with us. tendency in some quarters to unfortu- gether across both lines of our parties. There is another issue, of course, nately equate the victims of genocide We need to come together to discuss that is on the minds of all Americans with the oppressors who are carrying and debate these issues today, in Amer- and that is, of course, Kosovo. One of out the genocide. We cannot equate ica, at our kitchen tables, in our great our colleagues, the gentleman from those two. It is very, very clear what is halls for debate and help solve some of New York (Mr. ENGEL), wanted to take going on in Kosova today. The ethnic these problems. a few moments, so I am going to yield Albanians are the victims and Mr. Again, I want to thank the gen- him some time to talk about that situ- Milosevic and his Serbian government tleman from Michigan (Mr. STUPAK) for ation. are the oppressors. That is clear. H3454 CONGRESSIONAL RECORD — HOUSE May 20, 1999 There were two million ethnic Alba- lifting and air dropping anti-tank and we need to be very, very firm and, nians routed from their homes. I think weaponry to them because they want again, I believe that we need to arm when we get into Kosova we are going to turn to us. The KLA wants to work and train the KLA. to see 100,000 or more people in mass with the west. The KLA wants to work I want to enter into the RECORD two graves ethnically cleansed. There are with NATO. If we continue to rebuff letters. One is from the Veterans of already at least 100,000 missing, and we them, they are going to go elsewhere Foreign Wars, which states that the get reports day in and day out of mass for their arms. They may go elsewhere, veterans of foreign wars of the United graves. We cannot allow that to hap- Iran and other places that we do not States is resolved that in order to pen. like, and then if they do that we can- bring this conflict to a rapid and suc- There are some people that say, well, not then point and say, aha, because it cessful conclusion on terms favorable this did not happen until the bombing will have been a self-fulfilling proph- to NATO we will support the United started. That is nonsense. This has ecy. States acting as part of the NATO alli- been going on for years. We have called They want to be pro-west. They want ance, taking decisive action with the it slow ethnic cleansing. It is true that to work with us. They want to defeat full range of overwhelming military the pace has accelerated since the the Serbs. They want to aid NATO and power to eject, remove or otherwise NATO bombing but ethnic cleansing we have been rebuffing them. It is force the withdrawal of Serbian mili- has been going on against the Kosovar ashame. It is wrong. It is morally tary and paramilitary forces and to re- Albanians for many, many months and wrong, and it is wrong in terms of what store Kosovars to their homes. years, a systematic campaign and we should be planning. b 1845 every negotiated attempt was made to I also believe, Mr. Speaker, that if we try to get Milosevic to come to his are going to fight this war, all options Mr. Speaker, I would like to enter senses, and only when that failed did ought to be on the table, including the into the RECORD the Kosova Coalition, the bombing start. possible option of ground troops. I do which is signed by many, many people, I went to Rambouillet during the ne- not say this lightly, but I think we Christians, Muslims, Jews, all kinds of gotiations in France to speak with our cannot tell Milosevic in advance what ethnic groups in this country to Mem- American officials and to try to help we will do and what we will not do, be- bers of Congress urging our support for convince the Kosovar Albanians to ac- cause if we tell him what our game NATO’s efforts to stop the ethnic cept Rambouillet. They accepted the plan is he can plan accordingly. That is cleansing in Kosovo. One paragraph Rambouillet Accords. Even though it why he has dispersed his military, he says, ‘‘We, therefore, call on Congress was far short of what they would like, has dispersed his armaments because to request that it take all necessary they believe and I believe that they are he does not fear a ground evasion. If we steps to end Serbia’s campaign of eth- entitled to independence and to self-de- keep him guessing, we will take away a nic cleansing, force the withdrawal of termination. When the former Yugo- number of options from him. all Serb forces, create a secure environ- slavia broke up, and it broke up be- Let me say this about Milosevic: We ment for the return of Albanians to cause of Milosevic, every other group continue to treat him as if he is some- their homes, and allow them to govern in the former Yugoslavia was given the how the solution, we are going to nego- themselves and to rebuild Kosovo.’’ right to independence and self-deter- tiate with him, we are going to deal Finally, I want to say that the mination. with him. I read reports where smears that have been leveled in some The Croatians, the Bosnians, the Milosevic supposedly is ready for a deal quarters against the KLA talking Macedonians, the Slovanians all were as long as we state first and foremost about them using drug money and given that option and opted for inde- that Kosova will remain part of Serbia. whatever have no basis in fact. Intel- pendent nations. Why are the Kosovar That would be a disgrace to give him ligence reports and everybody else say Albanians not given the same option? that. That would be a disgrace to say that it is nothing but a political smear Why do they have to live in second that we are somehow pretending that campaign, and again today in the Wall class status? I think it is very, very since Rambouillet nothing has hap- Street Journal it says, The U.S. Drug clear that Serbia has lost any moral pened, when we know there are tens of Enforcement Agency says claims that authority ever again to govern the peo- thousands, if not hundreds of thou- the KLA raises money from drugs ple of Kosova. They have no right to it. sands, of people executed and eth- quote, ‘‘have not been corroborated and The people of Kosova have the right to nically cleansed. may be politically motivated.’’ independence and self-determination. So we should not give in to So I am tired of the smears. This Ethnic cleansing cannot be tolerated, Milosevic’s demands. We should hold country is doing the right thing, the and I think the principles with which firm and adhere to those principles. noble thing. We are to make sure that we lay down to stop the bombing re- Again, all options should be on the the Kosovar Albanians get their legiti- main firm and must remain firm. There table. We have Apache helicopters in mate rights. We are to stay the course; should be no erosion of those prin- Albania. In my estimation, we ought to we are to be firm, and I am proud of ciples. be utilizing them. We ought to be doing the United States of America standing Milosevic knows what he needs to do. humanitarian air drops, dropping food up at this very important point in In order for the bombing to stop, the to half a million starving Kosovar refu- time. Kosovar Albanians need to return to gees who are trapped in Kosova, who I thank the gentleman for yielding their homes and they need to be pro- are in the mountains and do not have me this time. tected by international armed forces enough food. APRIL 20, 1999. led by NATO and they ought to have I was at Kennedy Airport last week, The PRESIDENT, the right of independence and self-de- welcoming the first round of Kosovar The White House, termination. refugees coming home to the United Washington, DC. We ought to, in my estimation, be States, to be with their families, and DEAR MR. PRESIDENT: The Veterans of For- arming and training the KLA, the they were tears streaming down peo- eign Wars of the Untied States is gravely concerned about the worsening situation in Kosova Liberation Army. They are the ple’s eyes, hugging and kissing. It was the Balkans. As the combat veterans who for only counterbalance to the Serbs on something really to behold. These peo- the last 100 years have fought all of our the ground. If we do not want Amer- ple are suffering. Milosevic is a war country’s wars, we have until now opposed ican troops on the ground, and many criminal who ought to be indicted by the deployment of U.S. forces to the former people do not, then they are the only the International Tribunal in the Yugoslavia. Our opposition was based on our counterbalance to the Serbs. Hague. We should not be giving in to concern for the safety of our servicemen and I have introduced a bill along with him, capitulating to him or in my esti- women in the midst of the Yugoslav civil my colleague the gentleman from mation even negotiating with him. war. Also, we have been uncertain what vital U.S. national security interests were at South Carolina (Mr. SANFORD) that We need to win this war. We need to stake in that country’s conflict. says that we ought to be arming and guarantee that those people come back Since we took that position, however, the training the KLA. In the long-term and to their homes and we need to put situation has changed. In the past few weeks in the short-term, we ought to be air- those responsible for genocide on trial, Serbian leaders have used their military and May 20, 1999 CONGRESSIONAL RECORD — HOUSE H3455 paramilitary forces to overrun Kosovo, de- others to commit crimes against humanity ually and collectively, must stand up stroy the social and economic fabric of the must be brought to justice. for a civil society, a society under the province and terrorize the populace into Lastly, we believe that the international rule of law, a society where democracy flight. community should continue to help alleviate Despite, and in defiance of NATO’s diplo- the circumstances facing the Kosovar refu- determines leadership, a society where matic efforts and its air campaign, Serbia gees. To the extent possible, the refugees people are rewarded for their effort now has achieved its objectives in Kosovo. should be able to remain in the Balkans to within a capitalist economy. By doing so it has raised the stakes in this better enable their eventual return to their So we have a major role internation- conflict. Having waged unrestricted war on homes. All countries bordering Kosova ally. But we must also set a standard the people and province of Kosovo, NATO’s should keep their borders open to refugees and treat them with dignity and respect. domestically, and there is an area credibility and U.S. leadership have been di- where this society falls short of meet- rectly challenged by Serbia. NATO will nei- Although we are disheartened by the ther continue as a credible, unified alliance, events unfolding in Kosova, we are sup- ing that standard, and that is in the nor will the U.S. retain its world leadership portive of NATO’s mission there. But the area of gun control. Because the statis- role if the Serbian challenge goes unmet and ethnic cleansing must stop. NATO can help tics will show that that is one area Serb aggression is not stopped. achieve that goal by expanding its mission in where we trailed the rest of the indus- Many of our members are deeply troubled Kosova. trialized nations. In fact, there are Sincerely, by the situation we face. Some realize the more children killed by firearms in the long history of this conflict, the skill of our Ilir Zherka, National Albanian American Council; Bruce Morrison, Former Mem- United States than all 25 other indus- adversaries, the inhospitable weather and trialized nations combined. terrain and the political difficulty of main- ber of Congress; Richard D. Heidman, taining alliance unity are important factors B’nai B’rith International; Glenn Ruga, Now, when we stand for principle that will affect our actions and their out- Friends of Bosnia; John Cavelli, Con- internationally, it would seem that it comes. Others are mindful of the lessons of ference of Presidents of Major Italian is incumbent upon us to do the right past wars. The gradual applications of force American Organizations; Hisham Reda, thing domestically, and it is not right Muslim Public Affairs Committee; that allow adversaries to seize objectives be- that 13 young people every day lose fore our power peaks and the limits placed Marilyn Piurek, Polish American Lead- ership Council; Jess N. Hordes, Anti- their lives due to firearms, whether it on the use of our military power which can be through homicides, suicides, or un- prolong conflicts, increase casualties and Defamation League; Steve Rukavina, erode public support are lessons that seem to National Federation of Croatian Amer- intentional shooting. some to apply equally to today as to yester- icans; Bob Blancato, Italian American Mr. Speaker, there are events such as day. Democratic Leadership Council; Mark happened today, such as happened re- Nonetheless, in consideration of the cur- Lazar, Federation of Polish Americans; cently in Littleton, Colorado where rent situation, the Veterans of Foreign Wars Abdulrahman Alamoudi, American Muslim Council Foundation, John that enters the radar screen of our of the United States is resolved that in order mind. But it should be an objective to bring this conflict to a rapid and success- Pikarski,* Gordon and Pikarski; Rabbi ful conclusion on terms favorable to NATO, David Saperstein, Religious Action every day, particularly in this House, we will support the United States acting as Center of Reform Judiasm; Dr. Jim to bring us in line with the other civ- part of the NATO alliance, taking decisive Zogby,* Arab American Institute; Ste- ilized nations and to stop the prolifera- action with the full range of overwhelming ven Schwarz, Jewish Council for Public tion of handguns and assault weapons. military power to eject, remove or otherwise Affairs; Tolga Cubukcu, Assembly of The last year for which we have sta- force the withdrawal of Serbian military and Turkish American Associations; Phil tistics, we know that about 3,000 chil- Baum, American Jewish Congress; paramilitary forces and to restore Kosovars dren and teenagers were murdered with to their homes. Peter Ujvagi, Hungarian American Na- We also believe that careful consideration tional Democratic Leadership Caucus; guns, over 1,300 committed suicide with should be given to the formation of a NATO Jason Isaacson, American Jewish Com- guns, and about 500 died in uninten- peacekeeping force to guarantee Kosovars’ mittee. tional shootings, just in one year. A freedom from further oppression and the *These individuals are signing the letter in total of nearly 5,000 young people were right to its self-determination. their own names. Organizations they rep- killed by firearms, and that is a rel- Finally, Mr. President, with such impor- resent are included for information purposes atively typical year. In fact, in a typ- tant questions before us we believe and urge only. ical year, we have over 20,000 people, you to ensure first that the American people Mr. STUPAK. Mr. Speaker, I thank adults and children alike, killed by are behind this effort and then to take this the gentleman for coming down and issue to the United States Congress for its firearms. That is way out of sync with advice and consent. sharing his concerns. the rest of the civilized world. There is Sincerely, I know the gentleman from Virginia no country that even registers on the THOMAS A. POULIOT, would like to speak on school violence, same radar screen as the United Commander-in-Chief, Veterans of and I would like to yield to him at this States. They do not reach 100 deaths by Foreign Wars of the United States. point in time. firearms in a year, and we have 23,000. Mr. MORAN of Virginia. Mr. Speak- Mr. Speaker, two in 25 high school KOSOVA COALITION, er, I thank the gentleman from Michi- Washington, DC, May 19, 1999. gan for yielding to me. I also want to students, so we are talking about tens DEAR MEMBER OF CONGRESS: We are writing say a word about the comments of the and tens of thousands of high school to urge your support for NATO’s efforts to students, report having carried a gun gentleman from New York (Mr. ENGEL), stop the ethnic cleansing of Kosova. in the last month. Where are they get- We are horrified by the atrocities, includ- my friend and colleague. He is abso- lutely right. Mr. Milosevic is a war ting these guns? Why are they getting ing mass murder, systematic rape, and wide- these guns? They are getting these spread expulsions, committed by Serb forces criminal and he is a bully, and we can- against the civilian population of Kosova. not yield to him. We must not let him guns because we have lax laws, because We strongly support NATO’s military cam- prevail, nor can we as a society ever of our gun control policy which is too paign in Kosova, but are concerned that our become apathetic to the suffering, the determined by politics and by political efforts thus far have not been enough to stop murder, the genocidal campaign that campaign contributions. the atrocities there. In fact, the State De- has gone on in the Balkans. We must I speak particularly of the gun lobby partment recently reported that Serbia has stand firm; we must stand with NATO, and of contributions from the National forced nearly 90 percent of the Kosovar Alba- Rifle Association. If the Republican nians from their homes and is continuing its and that means whether it is politi- effort to cleanse Kosova of its Albanian pop- cally popular, or whether it is not the Party does not want this to be a cam- ulation. We cannot allow Serbia to succeed. popular will, it is up to us to show paign issue, if they do not want this to We, therefore, call on Congress to request leadership. The President is showing be a partisan issue, then they should that NATO take all necessary steps to end leadership. Most of the leaders of not be accepting the millions of dollars Serbia’s campaign of ethnic cleansing, force NATO are showing leadership, particu- of campaign contributions from the the withdrawal of all Serb forces, create a se- larly in the United Kingdom, and we National Rifle Association. Because it cure environment for the return of the Alba- is going to be a campaign issue when 85 nians to their homes, and allow them to gov- applaud them for doing that. History ern themselves and rebuild Kosova. will give them credit if they do not get percent of those campaign contribu- We also support the efforts of the UN War it from their electorate today. tions are going to Republicans, when Crimes Tribunal. We strongly believe that As we approach the dawn of a new one can go right down the line of the those individuals who committed or ordered millennium, we as a people, individ- people who lead the fight against gun H3456 CONGRESSIONAL RECORD — HOUSE May 20, 1999 control, and look at the campaign con- A GREATER QUALITY OF LIFE for the enlisted families who cannot af- tributions, and most of them have got- FOR AMERICA’S DEFENDERS ford to give their young ones Christ- ten $9,900 a year. Some have gotten as The SPEAKER pro tempore. Under mas or Thanksgiving. much as $14,000. I do not know how the Speaker’s announced policy of Jan- Last November and December, the they do that, because they are sup- uary 6, 1999, the gentlewoman from Mountain Home Warm Heart organiza- posed to be limited to $10,000 a year, Idaho (Mrs. CHENOWETH) is recognized tion, run by the spouses of servicemen, maximum. But we have the numbers. for 60 minutes. distributed over $18,000 worth of food The numbers are available. People Mrs. CHENOWETH. Mr. Speaker, I and toys and cash to needy military should look at it. People should com- found it interesting, the comments to- families. pare those to votes. People should also night on Kosovo. It is my firm belief Where did this money come from, Mr. respect the fact that an important vote that we are involved in an illegal war. Speaker? From the pockets of service- was cast today. It was a deadlock, it We speak glowingly about the rule of men who already had very little to was decided by the Vice President of law, and yet the Constitution requires give. If this were not bad enough, many the United States, and it was the right that the Congress raise up armies and military families have more serious thing to do. declare war. The War Powers Act clear- concerns than just Christmas and I hope that this will not continue to ly defines the limits within which the Thanksgiving. be a partisan issue, that we will do the President may engage in war-like ac- At the Mountain Home Air Force right thing in the House of Representa- tivities such as we have become in- Base, 459 women and children are re- tives. That, in fact, we will be able to volved in in Kosovo. The U.N. charter ceiving regular food assistance. That is add the same amendments to the Juve- requires that no Nation see this kind of not a proud record for us. One hundred nile Justice Authorization, and lacking violent activity in a sovereign manner and seven of those are infants. The those amendments, that we will be able when there is internal conflict. So I do Mountain Home Air Force Aid Society to at least add them to the appropria- not care where one looks, whether it is made $131,000 in emergency assistance tions bill on Treasury and Postal Oper- international law, constitutional law, loans to military families. I am very ations. or statutory authority, this is an ille- concerned about what will happen to It is long past time. Thousands of gal war. these families when the money runs people have died because we have not As we think about the war in Kosovo, out and they still have to make month- been willing to stand up to the kind of Mr. Speaker, I want us today, as we ly payments on their loans. political bullying that comes from begin to approach the time when we re- In the 18th century, citizen soldiers many in the gun lobby. member the veterans, the men and won our independence and secured our liberties. We hailed them as heroes, Mr. Speaker, we should not miss this women who have served so bravely overseas, as we begin to enter into that and revered the courage and commit- opportunity to focus on this very seri- ment they demonstrated in defense of ous problem in our society. We must season in our year, I want us to think about them and not forget them. Be- our Nation. Today that Nation is pro- start to do the right thing legisla- tected by citizen soldiers with the tively. We must stop this violence. I cause in today’s military, a young en- listed person serving out his or her same integrity and that same sense of am not suggesting that to take away duty. Only in 20th century America, we guns is a magic bullet. But I am sug- first contract can expect to make only $1,075.80 a month. Over a 40-hour work do not even pay them a living wage. We gesting that when we went to school, should be ashamed of ourselves. we had the same kind of psychological week, this averages to $6.70 an hour. But most of our military personnel do From 1988 to today, there have been problems with peers and girlfriends and 32 deployments of our military. In the so on, but we did not have dead victims not work 40-hour work weeks. We all remember the famous army slogan: We previous 60 years, there were only 10 as a result. We might have done silly deployments. Put another way, Mr. things, but gosh, we did not have ac- do more before 9 o’clock a.m. than most people do all day. Well, Mr. Speaker, prior to this administration, cess to guns; we did not shoot people, the military was deployed an average we did not leave people dead in a pool Speaker, it is true. These young en- listed personnel can expect to be at of once every 6 years. During the Clin- of blood. And that is happening because ton administration, the military has guns are much to easily accessible to work before first light and not home again until long after dark. been deployed an average of four times our young people who do not have the every year. maturity to be able to use them. We b 1900 Furthermore, since 1987 we have de- ought to increase the age of accessi- Mr. Speaker, we do not pay them pleted our ranks by 800,000 servicemen, bility to guns, we ought to put safety overtime. These young people train for 800,000 servicemen. In practical terms, locks on guns, and we ought to reduce weeks at a time away from home. They that translates into more frequent de- the proliferation of them, whether it be keep themselves in a state of top phys- ployments and dangerously long hours. through pawnshops or through gun ical readiness, and they live their per- It is illegal in this country for truck shows or retail or wholesale or what- sonal lives according to the high stand- drivers to be on the road longer than 8 ever. The time has long since passed ards of integrity and honor we mandate consecutive hours without rest. We for us to take the lead in this very seri- for them. These young servicemen and have pilots now patrolling the Medi- ous issue and restore a civil society women must uproot their families on a terranean in 14-hour shifts. and reduce the violence that is preva- moment’s notice, moving to a new duty In short, this administration is ex- lent throughout this American Nation. station across the country or across pecting our servicemen and women to Mr. Speaker, I appreciate the gen- the globe. A lot of them do it for as lit- do 100 times as much and place their tleman from Michigan taking this time tle as $6.70 an hour. lives at risk 100 times as often with to speak about school violence. School For members of the military with 800,000 fewer people for as little as $6.70 violence is a reflection of society. This families, the situation is even worse. an hour. is an important issue. We ought to be Despite a modest living allowance, Mr. Speaker, I recently paid a plumb- addressing it today. 12,000 families currently serving our er $90 an hour to unplug my garbage Mr. STUPAK. Mr. Speaker, realizing armed forces are dependent upon food disposal. An auto mechanic can expect my time has expired, I once again stamps, food stamps. We have govern- $50 an hour. A teenage person working would just like to thank the Speaker ment employees living off of govern- as a bagger in a grocery store can earn for his courtesies here tonight and un- ment subsidies. Mr. Speaker, why do up to $12 an hour. None of these jobs re- derstand that of course that as we ad- we not skip the intermediary step and quires 24-hour dedication to duty and a dress this issue, it is more than just just pay them properly in the first constant threat to their lives. guns, but things are happening in com- place? Mr. Speaker, one young Marine I munities, in schools and in homes, and During the holidays at the Mountain know of has taken a second job to sup- we invite Democrats and Republicans Home Air Force Base in Idaho, a net- plement his income. Every night this to come together and address this in a work of military spouses work together Lance Corporal goes home and trades bipartisan manner to collect donations of money and toys his Marine uniform for a blue and red May 20, 1999 CONGRESSIONAL RECORD — HOUSE H3457 tee shirt and matching hat from Dom- and their patriotism. No Idaho veteran I do not understand the answer to inoes. This young Marine, this hard- may be laid to rest in his home State this question, Mr. Speaker, and I can- working father of two, delivers pizza in a dedicated field of honor. That is not let the temptation to provide our because he is too proud to accept wel- because my home State is the only servicemen their due at this time dis- fare. State in the Union which does not have suade me from my obligation to pre- He is not alone in this endeavor, but a veterans cemetery. serve, protect, and defend the Constitu- it is nearly impossible to know how Veterans represent approximately 10 tion. many young servicemen are in this po- percent of Idaho’s population. There Had I voted to fund the war I had sition, because most of them hide it are nearly 100,000 combat veterans in voted against declaring, I would have from their commanders. Idaho, about a third of whom served compromised the very principles these A young Lance Corporal serving in our Nation in World War II. Our aver- young people have fought for in the the Marine Corps today can anticipate age World War II veteran is 76 years past. I would have voted to violate the being combat-deployed at least once in old. These heroes are now passing Constitution. Worse, Mr. Speaker, this a 4-year enlistment. I wonder what this away. This summer when veterans or- supplemental amounted to nothing less Lance Corporal’s family will do when ganizations call the roll of those who than blackmail. The Members of this he is away and they have to make do have died in the last year, they will body were offered a choice: Support the without the supplemental income from read 3,500 names in Idaho, and not one troops and the beluga whale and the Dominoes? I am humbled by this young will be able to be buried in an Idaho House pages and the University of the Marine, and many others like him who veterans cemetery. There is not an District of Columbia and Washington work so hard to protect us. I am Idaho veterans cemetery. Metropolitan Air Traffic and whatever ashamed that we do not do right by That is why I am introducing legisla- other random provision was added, or them. tion which will provide Idaho with a do not support the troops at all. It is a I urge this body to seriously consider veterans cemetery. This bill answers a shameful situation, what was added to the ethics of our government’s contin- critical need Idaho faces. In pressing the so-called emergency supplemental. ued overextension of our military in for a veterans’ cemetery, I have the It is a testament to the way the mili- light of our complete lack of gratitude support of the entire Idaho congres- tary has been constantly used by us, for their service. sional delegation, the State veterans improperly used. Mr. Speaker, I have a request to organizations, our Governor, the Idaho The fact is our military is being at- make of the Members of this body. To- legislature, and the chairman of the tacked by its most dangerous oppo- night, when they go home to their fam- Committee on Veterans’ Affairs, the nent, our own civilian command. This ilies and when we go to the security gentleman from Arizona (Mr. STUMP). Kosovo supplemental was proof that we and comfort of our own homes, when In fact, last month, the Idaho legisla- are not committed enough as a govern- we tuck our young children in bed and ture passed Joint Memorial No. 1, ment or powerful enough as a Congress say a prayer, we need to say a prayer which urgently requested a veterans to undo the damage that already has for the men and women of our armed cemetery, stating, and I quote, ‘‘It is been done. It is time to move from forces. fitting and proper that a grateful Na- piecemeal repairs after the fact to As we sleep, approximately 100,000 of tion should provide a burial site within proper recognition, support, and honor them stand watch away from their own a reasonable distance from the homes throughout. loved ones, ready to give their very of those Idahoans and others residing In a time when we were threatened, lives to protect us, for as little as $6.70 in the northwestern States who honor- they defended us. In a time when we an hour. ably served their country in a time of were afraid, they kept their courage. In Mr. Speaker, I think this Congress emergency.’’ a time when we have discarded patriot- must begin to understand that there is Mr. Speaker, I do not believe this ism, they still salute their flag, honor a direct correlation between the effec- case can be overstated. We in this body their Commander in Chief, and serve tiveness of active duty military today must begin to take very seriously our the ideals of American freedom. and the treatment of the veterans of commitment to the armed forces. We Mr. Speaker, we must show them, yesterday’s service. Retention, morale, cannot just try to make piecemeal re- our heroes of past conflict and those readiness, these words are euphemisms pairs. We must begin to demonstrate a who stand guard as we speak, that we care, that we are grateful, that we will used to disguise the real problem our genuine commitment to improve the not fail them. military faces: A complete lack of faith quality of life for our veterans and our that their government will take good active duty servicemen and women. f care of them. Mr. Speaker, earlier this week I was LEAVE OF ABSENCE Why should our active duty service- forced to vote no on the Kosovo emer- By unanimous consent, leave of ab- men believe us? Veterans in my dis- gency supplemental. That was a very sence was granted to: trict are feeling the effects of cuts in painful and difficult vote for me. On Mr. DEUTSCH (at the request of Mr. the veterans budgets. Veterans hos- the one hand, I hate to pass up a GEPHARDT) for after 3:00 p.m. today on pitals in Salt Lake City and Spokane chance to rectify the wrongs brought account of personal reasons. are suffering from cutbacks and layoffs down on our military in the past 6 Mr. NAPOLITANO (at the request of which impact patient care, as well as years. Mr. GEPHARDT) for today on account of those hospitals, veterans hospitals, in I always welcome the chance to give official business in the district. Boise, Idaho. There are waiting lists something back to our servicemen, but Mr. STARK (at the request of Mr. GEP- for surgery and fewer options for long- I cannot fund an illegal war. I cannot HARDT) for after 1:00 p.m. today on ac- term care. We have broken our prom- condone this military action, this ter- count of official business. ises. rible descent into a protracted conflict Mr. FOLEY (at the request of Mr. A sign in front of the Boise Veterans’ in which the American people have no ARMEY) for after 1:00 p.m. today on ac- Medical Center reads ‘‘The price of stake whatsoever. I care about our count of receiving an honorary doc- freedom is visible here.’’ But indeed, it troops too much to remain silent as torate degree from Northwood Univer- is. Unfortunately, in our society, a se- they are led to this battlefield. sity. lect few pay that price. They are our Mr. Speaker, last month this body f veterans. They are our heroes, and they had the opportunity to fulfill its con- must fight for the health care benefits stitutional role and declare war on the SPECIAL ORDERS GRANTED that we promised them. people of Kosovo. All but two, all but By unanimous consent, permission to We expected our veterans to fight for two 2 Members balked from that final address the House, following the legis- us abroad, but it breaks my heart when act. It seems that the only thing this lative program and any special orders they have to come home and fight for body can agree on in this matter is heretofore entered, was granted to: their privileges that were promised that the people of Kosovo are not our (The following Members (at the re- them at home. enemies. Why, then, are we bombing quest of Mr. FILNER) to revise and ex- Mr. Speaker, veterans are forced into them? Why are we destroying their tend their remarks and include extra- one final choice between their home capital? neous material:) H3458 CONGRESSIONAL RECORD — HOUSE May 20, 1999

Mr. GEPHARDT, for 5 minutes, today. emptions, Correction [OPP–300719A; FRL– erning Equivalent Emission Limitations by Mr. PALLONE, for 5 minutes, today. 6075–7] (RIN: 2070–AB78) received April 16, Permit [AD–FRL–6343–2] received May 11, Mr. BLUMENAUER, for 5 minutes, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Agriculture. Committee on Commerce. today. 2256. A letter from the Director, Office of 2266. A letter from the Secretary, Securi- Ms. WOOLSEY, for 5 minutes, today. Regulatory Management and Information, ties and Exchange Commission, transmitting Mr. RUSH, for 5 minutes, today. Environmental Protection Agency, transmit- the Commission’s final rule—Deregistration Mr. FILNER, for 5 minutes, today. ting the Agency’s final rule—Dimethyl phos- of Certain Registered Investment Companies Ms. BROWN of Florida, for 5 minutes, phate of 3-hydroxy-N-methyl-cis- [Release No. IC–23786; File No. S7–31–98] today. crotonamide (monocrotophos) Final rule; (RIN: 3235–AG29) received April 16, 1999, pur- suant to 5 U.S.C. 801(a)(1)(A); to the Com- Mr. SANDERS, for 5 minutes, today. Tolerance Revocations [OPP–300836; FRL– 6074–4] (RIN: 2070–AB78) received April 16, mittee on Commerce. Mr. DOGGETT, for 5 minutes, today. 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the 2267. A letter from the Assistant Secretary Ms. JACKSON-LEE of Texas, for 5 min- Committee on Agriculture. for Export Administration, Department of utes, today. 2257. A letter from the Director, Office of Commerce, transmitting the Department’s (The following Members (at the re- Regulatory Management and Information, final rule—Implementation of the Chemical quest of Mr. JONES of North Carolina) Environmental Protection Agency, transmit- Weapons Convention; Revisions to the Ex- to revise and extend their remarks and ting the Agency’s final rule—Sulfosulfuron; port Administration Regulations [Docket include extraneous material:) Pesticide Tolerance [OPP–300853; FRL–6078–4] No. 990416098–9098–01] (RIN: 0694–AB67) re- ceived May 19, 1999, pursuant to 5 U.S.C. Mr. HASTERT, for 5 minutes, today. (RIN: 2070–AB78) received May 11, 1999, pursu- ant to 5 U.S.C. 801(a)(1)(A); to the Committee 801(a)(1)(A); to the Committee on Inter- Mr. JONES of North Carolina, for 5 on Agriculture. national Relations. minutes, today. 2258. A letter from the Director, Office of 2268. A letter from the Acting Assistant Mr. NETHERCUTT, for 5 minutes, Regulatory Management and Information, Secretary for Land and Minerals Manage- today. Environmental Protection Agency, transmit- ment, Department of the Interior, transmit- ting the Department’s final rule—Appeals of Mr. WHITFIELD, for 5 minutes, today. ting the Agency’s final rule—Methacrylic MMS Orders (RIN: 1010–AC21) received May 6, f Copolymer; Exemption from the Require- ment of a Tolerance [OPP–300848; FRL–6077– 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the 7] (RIN: 2070–AB78) received May 11, 1999, Committee on Resources. ENROLLED BILL SIGNED 2269. A letter from the Deputy Assistant pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Administrator for Fisheries, National Ma- Mr. THOMAS, from the Committee mittee on Agriculture. on House Administration, reported 2259. A letter from the Under Secretary, rine Fisheries Service, National Oceanic and Atmospheric Administration, transmitting that that committee had examined and Rural Development, Department of Agri- the Administration’s final rule—Magnuson- culture, transmitting the Department’s final found truly enrolled a bill of the House Stevens Act Provisions; Financial Disclosure rule—Processing Requests for Farm Labor of the following title, which was there- [Docket No. 970728182–8272–02; I.D. 071697A] Housing (LH) Loans and Grants (RIN: 0575– upon signed by the Speaker: (RIN: 0648–AG16] received May 7, 1999, pursu- AC19) received April 30, 1999, pursuant to 5 ant to 5 U.S.C. 801(a)(1)(A); to the Committee H.R. 1141. Making emergency supplemental U.S.C. 801(a)(1)(A); to the Committee on appropriations for the fiscal year ending on Resources. Banking and Financial Services. 2270. A letter from the Assistant Adminis- September 30, 1999, and for other purposes. 2260. A letter from the Acting Assistant trator for Fisheries, National Marine Fish- f General Counsel for Regulatory Law, Depart- eries Service, National Oceanic and Atmos- ment of Energy, transmitting the Depart- pheric Administration, transmitting the Ad- ADJOURNMENT ment’s final rule—Establishing and Main- ministration’s final rule—Fisheries off West Mrs. CHENOWETH. Mr. Speaker, I taining a Facility Representative Program Coast States and in the Western Pacific; at DOE Facilities [DOE STD 1063–97] received move that the House do now adjourn. West Coast Salmon Fisheries; Amendment 13 May 11, 1999, pursuant to 5 U.S.C. [Docket No. 990219053–9114–02; I.D. 011999B] The motion was agreed to; accord- 801(a)(1)(A); to the Committee on Commerce. ingly (at 7 o’clock and 13 minutes (RIN: 0648–AK83) received May 17, 1999, pur- 2261. A letter from the Director, Office of suant to 5 U.S.C. 801(a)(1)(A); to the Com- p.m.), under its previous order, the Regulatory Management and Information, mittee on Resources. House adjourned until Monday, May 24, Environmental Protection Agency, transmit- 2271. A letter from the Acting Chief, Office 1999, at 12:30 p.m. for morning hour de- ting the Agency’s final rule—Notice of Avail- of Regulations & Administrative Law, Coast bates. ability of Grants and Selection Criteria for Guard Headquarters, Department of Trans- PrintSTEP Pilots [OPPTS–00267; FRL–6066–8] portation, transmitting the Department’s f received April 16, 1999, pursuant to 5 U.S.C. final rule—Drawbridge Operation Regula- 801(a)(1)(A); to the Committee on Commerce. tions; Connecticut River, CT [CGD01–99–032] EXECUTIVE COMMUNICATIONS, 2262. A letter from the Director, Office of ETC. received May 10, 1999, pursuant to 5 U.S.C. Regulatory Management and Information, 801(a)(1)(A); to the Committee on Transpor- Under clause 8 of rule XII, executive Environmental Protection Agency, transmit- tation and Infrastructure. communications were taken from the ting the Agency’s final rule—National Emis- 2272. A letter from the Acting Chief, Office Speaker’s table and referred as follows: sion Standards for Hazardous Air Pollutants of Regulations & Administrative Law, Coast Phosphoric Acid Manufacturing and Phos- Guard Headquarters, Department of Trans- 2252. A letter from the Administrator, Ag- phate Fertilizers Production [IL–64–2–5807; portation, transmitting the Department’s ricultural Marketing Service, Department of FRL–6329–5] (RIN: 2060–AE40 and 2060–AE44) final rule—Drawbridge Operation Regula- Agriculture, transmitting the Department’s received April 16, 1999, pursuant to 5 U.S.C. tions: Hutchinson River, NY [CGD01–99–031] final rule—Avocados Grown in South Flor- 801(a)(1)(A); to the Committee on Commerce. received May 10, 1999, pursuant to 5 U.S.C. ida; Increased Assessment Rate [Docket No. 2263. A letter from the Director, Office of 801(a)(1)(A); to the Committee on Transpor- FV99–915–1 FR] received May 19, 1999, pursu- Regulatory Management and Information, tation and Infrastructure. ant to 5 U.S.C. 801(a)(1)(A); to the Committee Environmental Protection Agency, transmit- 2273. A letter from the Acting Chief, Office on Agriculture. ting the Agency’s final rule—Approval and of Regulations & Administrative Law, Coast 2253. A letter from the Administrator, Promulgation of Implementation Plans for Guard Headquarters, Department of Trans- Farm Service Agency, Department of Agri- Arizona and California; General Conformity portation, transmitting the Department’s culture, transmitting the Department’s final Rules [CA126–0129a; FRL–6233–1] received final rule—Security Zone: Dignitary Arrival/ rule—Noninsured Crop Disaster Assistance April 16, 1999, pursuant to 5 U.S.C. Departure New York, NY [CGD01–98–006] Program (RIN: 0560–AF46) received April 16, 801(a)(1)(A); to the Committee on Commerce. (RIN: 2121–AA97) received May 10, 1999, pur- 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the 2264. A letter from the Director, Office of suant to 5 U.S.C. 801(a)(1)(A); to the Com- Committee on Agriculture. Regulatory Management and Information, mittee on Transportation and Infrastruc- 2254. A letter from the Acting Associate Environmental Protection Agency, transmit- ture. Chief, Forest Service, Department of Agri- ting the Agency’s final rule—Hazardous Air 2274. A letter from the Acting Chief, Office culture, transmitting the Department’s final Pollutants: Regulations Governing Equiva- of Regulations & Administrative Law, Coast rule—Landownership Adjustments: Land Ex- lent Emission Limitations By Permit [AD– Guard Headquarters, Department of Trans- changes—received May 11, 1999, pursuant to 5 FRL–6343–1] (RIN: 2060–A128) received May 11, portation, transmitting the Department’s U.S.C. 801(a)(1)(A); to the Committee on Ag- 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the final rule—Safety Zone; Port of New York/ riculture. Committee on Commerce. New Jersey Fleet Week [CGD01–98–170] (RIN: 2255. A letter from the Director, Office of 2265. A letter from the Director, Office of 2121–AA97) received May 10, 1999, pursuant to Regulatory Management and Information, Regulatory Management and Information, 5 U.S.C. 801(a)(1)(A); to the Committee on Environmental Protection Agency, transmit- Environmental Protection Agency, transmit- Transportation and Infrastructure. ting the Agency’s final rule—Mepiquat Chlo- ting the Agency’s final rule—Hazardous Air 2275. A letter from the Acting Chief, Office ride; Pesticide Tolerances for Emergency Ex- Pollutants: Amendment to Regulations Gov- of Regulations & Administrative Law, Coast May 20, 1999 CONGRESSIONAL RECORD — HOUSE H3459 Guard Headquarters, Department of Trans- 5 U.S.C. 801(a)(1)(A); to the Committee on funding for the National Center for Missing portation, transmitting the Department’s Transportation and Infrastructure. and Exploited Children, to reauthorize the final rule—Safety Zone: Ellis Island Medals 2284. A letter from the Program Support Runaway and Homeless Youth Act, and for of Honor Fireworks, New York Harbor, Upper Specialist, Aircraft Certification Service, other purposes; with an amendment (Rept. Bay [CGD01–99–034] (RIN: 2115–AA97) received Department of Transportation, transmitting 106–152). Referred to the Committee of the May 10, 1999, pursuant to 5 U.S.C. the Department’s final rule—Airworthiness Whole House on the State of the Union. 801(a)(1)(A); to the Committee on Transpor- Directives; Bombardier Model CL–600–2B19 Mr. BLILEY: Committee on Commerce. tation and Infrastructure. (Regional Jet Series 100) and CL–600–2B16 H.R. 1378. A bill to authorize appropriations 2276. A letter from the Program Support (CL–601–3R and CL–604) Series Airplanes for carrying out pipeline safety activities Specialist, Aircraft Certification Service, [Docket No. 99–NM–99–AD; Amendment 39– under chapter 601 of title 49, United States Department of Transportation, transmitting 11170; AD 99–09–52] (RIN: 2120–AA64) received Code; with an amendment (Rept. 106–153, Pt. the Department’s final rule—Airworthiness May 17, 1999, pursuant to 5 U.S.C. 1). Ordered to be printed. Directives; Raytheon Aircraft Corporation 801(a)(1)(A); to the Committee on Transpor- Mr. COMBEST: Committee on Agriculture. Model Beech 2000 Airplanes [Docket No. 99– tation and Infrastructure. H.R. 17. A bill to amend the Agricultural CE–17–AD; Amendment 39–11160; AD 99–10–06] 2285. A letter from the Program Support Trade Act of 1978 to require the President to (RIN: 2120–AA64) received May 10, 1999, pur- Specialist, Aircraft Certification Service, report to Congress on any selective embargo suant to 5 U.S.C. 801(a)(1)(A); to the Com- Department of Transportation, transmitting on agricultural commodities, to provide a mittee on Transportation and Infrastruc- the Department’s final rule—Airworthiness termination date for the embargo, to provide ture. Directives; Pratt & Whitney R–1340 Series greater assurance for contract sanctity, and 2277. A letter from the Program Support Reciprocating Engines [Docket No. 97–ANE– for other purposes (Rept. 106–154, Pt. 1). Or- Specialist, Aircraft Certification Service, 58–AD; Amendment 39–11173; AD 99–11–02] dered to be printed. Department of Transportation, transmitting (RIN: 2120–AA64) received May 17, 1999, pur- DISCHARGE OF COMMITTEE the Department’s final rule—Airworthiness suant to 5 U.S.C. 801(a)(1)(A); to the Com- Directives: Boeing Model 767 Series Air- mittee on Transportation and Infrastruc- Pursuant to clause 5 of rule X, the planes [Docket No. 97–NM–53–AD; Amend- ture. Committee on Transportation and In- ment 39–11161; AD 99–10–08] (RIN: 2120–AA64) 2286. A letter from the Program Support frastructure discharged from further received May 10, 1999, pursuant to 5 U.S.C. Specialist, Aircraft Certification Service, consideration of H.R. 45. 801(a)(1)(A); to the Committee on Transpor- Department of Transportation, transmitting f tation and Infrastructure. the Department’s final rule—Airworthiness 2278. A letter from the Program Support Directives; Mitsubishi Model YS–11 Series REPORTED BILL SEQUENTIALLY Specialist, Aircraft Certification Service, Airplanes [Docket No. 97–NM–92–AD; Amend- REFERRED Department of Transportation, transmitting ment 39–11169; AD 99–10–16] (RIN: 2120–AA64) the Department’s final rule—Airworthiness received May 17, 1999, pursuant to 5 U.S.C. Under clause 5 of the rule X, bills and Directives; Boeing Model 747–100, 747–200, and 801(a)(1)(A); to the Committee on Transpor- reports were delivered to the Clerk for 747–SP Series Airplanes [Docket No. 97–NM– tation and Infrastructure. printing, and bills referred as follows: 100–AD; Amendment 39–11162; AD 99–10–09] 2287. A letter from the Chief, Regulations Mr. BLILEY: Committee on Commerce. (RIN: 2120–AA64) received May 10, 1999, pur- Unit, Internal Revenue Service, transmitting H.R. 45. A bill to amend the Nuclear Waste suant to 5 U.S.C. 801(a)(1)(A); to the Com- the Service’s final rule—Tax Relief for Those Policy Act of 1982, with an amendment; re- mittee on Transportation and Infrastruc- Affected by Operation Allied Force [Notice ferred to the Committee on the Budget for a ture. 99–30] received May 19, 1999, pursuant to 5 period ending not later than June 2, 1999, for 2279. A letter from the Program Support U.S.C. 801(a)(1)(A); to the Committee on consideration of such provisions of the bill Specialist, Aircraft Certification Service, Ways and Means. and amendment as fall within the jurisdic- Department of Transportation, transmitting 2288. A letter from the Chief, Regulations tion of that committee pursuant to clause the Department’s final rule—Airworthiness Unit, Internal Revenue Service, transmitting 1(e), rule X (Rept. 106–155, Pt. 1). Ordered to Directives; Boeing Model 747–200, –300, and the Service’s final rule—Section 467 Rental be printed. –400 Series Airplanes [Docket No. 98–NM–286– Agreements; Treatment of Rent and Interest AD; Amendment 39–11163; AD 99–10–10] (RIN: Under Certain Agreements for the Lease of f 2120–AA64) received May 10, 1999, pursuant to Tangible Property [TD 8820] (RIN: 1545–AU11) TIME LIMITATION OF REFERRED 5 U.S.C. 801(a)(1)(A); to the Committee on received May 19, 1999, pursuant to 5 U.S.C. Transportation and Infrastructure. 801(a)(1)(A); to the Committee on Ways and BILL 2280. A letter from the Program Support Means. Pursuant to clause 5 of rule X the fol- Specialist, Aircraft Certification Service, 2289. A letter from the Chief, Regulations lowing action was taken by the Speak- Department of Transportation, transmitting Unit, Internal Revenue Service, transmitting er. the Department’s final rule—Airworthiness the Service’s final rule—Public Disclosure of Directives; Eurocopter France Model Material Relating to Tax-Exempt Organiza- H.R. 17. Referral to the Committee on AS332L2 [Docket No. 99–SW–09–AD; Amend- tions [TD 8818] (RIN: 1545–AV13) received International Relations extended for a period ment 39–11168; AD 99–10–15] (RIN: 2120–AA64) April 9, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); ending not later than June 11, 1999. received May 10, 1999, pursuant to 5 U.S.C. to the Committee on Ways and Means. H.R. 45. Referral to the Committee on Re- 801(a)(1)(A); to the Committee on Transpor- 2290. A letter from the Chief, Regulations sources extended for a period ending not tation and Infrastructure. Unit, Internal Revenue Service, transmitting later than June 2, 1999. 2281. A letter from the Program Support the Service’s final rule—Low-Income Hous- f Specialist, Aircraft Certification Service, ing Credit [Revenue Ruling 99–18] received Department of Transportation, transmitting April 9, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); PUBLIC BILLS AND RESOLUTIONS the Department’s final rule—Airworthiness to the Committee on Ways and Means. Under clause 2 of rule XII, public Directives; Pilatus Aircraft Ltd. Models PC– 2291. A letter from the Chief, Regulations bills and resolutions were introduced 12 and PC–12/45 Airplanes [Docket No. 99–CE– Unit, Internal Revenue Service, transmitting 03–AD; Amendment 39–11081; AD 99–06–17] the Service’s final rule—Closing agreements and severally referred, as follows: (RIN: 2120–AA64) received May 10, 1999, pur- [Rev. Proc. 99–27] received May 19, 1999, pur- By Mr. CALVERT: suant to 5 U.S.C. 801(a)(1)(A); to the Com- suant to 5 U.S.C. 801(a)(1)(A); to the Com- H.R. 1880. A bill to amend the Federal Elec- mittee on Transportation and Infrastruc- mittee on Ways and Means. tion Campaign Act of 1971 to require can- ture. 2292. A letter from the Chief, Regulations didates for election for the House of Rep- 2282. A letter from the Program Analyst, Unit, Internal Revenue Service, transmitting resentatives or the Senate to raise at least 50 Office of the Chief Counsel, Department of the Service’s final rule—Low-Income Hous- percent of their contributions from individ- Transportation, transmitting the Depart- ing Credit [Revenue Ruling 99–18] received uals residing in the district or State in- ment’s final rule—Amendment of Class E April 16, 1999, pursuant to 5 U.S.C. volved, and for other purposes; to the Com- Airspace; Thomson, GA [Airspace Docket No. 801(a)(1)(A); to the Committee on Ways and mittee on House Administration. 99–ASO–4] received May 17, 1999, pursuant to Means. By Ms. JACKSON-LEE of Texas (for 5 U.S.C. 801(a)(1)(A); to the Committee on f herself and Mr. REYES): Transportation and Infrastructure. H.R. 1881. A bill to modify the rate of basic 2283. A letter from the Program Support REPORTS OF COMMITTEES ON pay and the classification of positions for Specialist, Aircraft Certification Service, PUBLIC BILLS AND RESOLUTIONS certain United States Border Patrol agents, Department of Transportation, transmitting Under clause 2 of rule XIII, reports of and for other purposes; to the Committee on the Department’s final rule—Airworthiness the Judiciary, and in addition to the Com- Directives; Empresa Brasileira de committees were delivered to the Clerk mittee on Government Reform, for a period Aeronautica S.A. (EMBRAER) Model EMB– for printing and reference to the proper to be subsequently determined by the Speak- 145 Series Airplanes [Docket No. 99–NM–104– calendar, as follows: er, in each case for consideration of such pro- AD; Amendment 39–11172; AD 99–11–01] (RIN: Mr. GOODLING: Committee on Education visions as fall within the jurisdiction of the 2120–AA64) received May 17, 1999, pursuant to and the Workforce. H.R. 905. A bill to provide committee concerned. H3460 CONGRESSIONAL RECORD — HOUSE May 20, 1999 By Mr. TALENT (for himself, Ms. part B of the Medicare Program, and to By Ms. STABENOW: VELAZQUEZ, Mrs. KELLY, Mr. BART- amend title 5, United States Code, to provide H.R. 1898. A bill to provide for school safe- LETT of Maryland, and Mr. EWING): for coverage of such services under the Fed- ty, and for other purposes; to the Committee H.R. 1882. A bill to amend provisions of law eral Employees Health Benefits Program; to on Education and the Workforce, and in ad- enacted by the Small Business Regulatory the Committee on Commerce, and in addi- dition to the Committee on the Judiciary, Enforcement Fairness Act of 1996 to ensure tion to the Committees on Ways and Means, for a period to be subsequently determined full analysis of potential impacts on small and Government Reform, for a period to be by the Speaker, in each case for consider- entities of rules proposed by certain agen- subsequently determined by the Speaker, in ation of such provisions as fall within the ju- cies, and for other purposes; to the Com- each case for consideration of such provi- risdiction of the committee concerned. mittee on the Judiciary, and in addition to sions as fall within the jurisdiction of the By Mr. STARK (for himself, Mrs. ROU- the Committee on Small Business, for a pe- committee concerned. KEMA, Mr. GEORGE MILLER of Cali- riod to be subsequently determined by the By Mr. HULSHOF (for himself, Mr. fornia, and Mr. ANDREWS): Speaker, in each case for consideration of NEAL of Massachusetts, Mrs. JOHNSON H.R. 1899. A bill to require the Secretary of such provisions as fall within the jurisdic- of Connecticut, Mr. HERGER, Mr. Labor to issue regulations to eliminate or tion of the committee concerned. WATKINS, Mr. ENGLISH, Mr. WELLER, minimize the significant risk of needlestick By Mr. GILMAN (for himself, Mr. Mr. PRICE of North Carolina, Mr. injury to health care workers; to the Com- GEJDENSON, Mr. SENSENBRENNER, and TALENT, Mr. KOLBE, and Mr. FORBES): mittee on Education and the Workforce, and Mr. BERMAN): H.R. 1891. A bill to amend the Internal Rev- in addition to the Committees on Commerce, H.R. 1883. A bill to provide for the applica- enue Code of 1986 to provide a partial exclu- and Ways and Means, for a period to be sub- tion of measures to foreign persons who sion from gross income for dividends and in- sequently determined by the Speaker, in transfer to Iran certain goods, services, or terest received by individuals; to the Com- each case for consideration of such provi- technology, and for other purposes; to the mittee on Ways and Means. sions as fall within the jurisdiction of the Committee on International Relations, and By Mr. JEFFERSON (for himself, Mr. committee concerned. in addition to the Committee on Science, for BAKER, Mr. TAUZIN, Mr. MCCRERY, By Mr. STARK (for himself and Mr. a period to be subsequently determined by Mr. JOHN, Mr. COOKSEY, and Mrs. MCDERMOTT): the Speaker, in each case for consideration MEEK of Florida): H.R. 1900. A bill to expand the use of com- of such provisions as fall within the jurisdic- H.R. 1892. A bill to amend the Internal Rev- petitive bidding under the Medicare Pro- tion of the committee concerned. enue Code of 1986 to provide assistance to gram; to the Committee on Ways and Means, By Mr. FORD (for himself, Mr. HOLDEN, homeowners and small businesses to repair and in addition to the Committee on Com- Mr. CUMMINGS, Mrs. THURMAN, Mr. Formosan termite damage; to the Com- merce, for a period to be subsequently deter- UNDERWOOD, and Mr. THOMPSON of mittee on Ways and Means. mined by the Speaker, in each case for con- Mississippi): By Mr. LANTOS (for himself and Ms. sideration of such provisions as fall within H.R. 1884. A bill to provide for the disclo- ESHOO): the jurisdiction of the committee concerned. sure of the readiness of certain Federal and H.R. 1893. A bill to amend title 10, United By Mr. TRAFICANT: non-Federal computer systems for the year States Code, to provide that certain individ- H.R. 1901. A bill to designate the United 2000 computer problem; to the Committee on uals who would be eligible for military re- States border station located in Pharr, Science. tired pay for nonregular service but for the Texas, as the ‘‘Kika de la Garza United By Mr. BERRY (for himself, Mr. SAND- fact that they did not serve on active duty States Border Station‘‘; to the Committee on ERS, Mrs. EMERSON, Mr. ROHR- during a period of conflict may be paid such Transportation and Infrastructure. ABACHER, Mr. ABERCROMBIE, and Mr. retired pay if they served in the United By Ms. WOOLSEY (for herself, Mr. LEWIS of Georgia): States merchant marine during or imme- GEORGE MILLER of California, and Ms. H.R. 1885. A bill to amend the Federal diately after World War II; to the Committee PELOSI): Food, Drug, and Cosmetic Act to provide for on Armed Services. H.R. 1902. A bill to require the Secretary of facilitating the importation into the United By Mr. LEACH: Education to correct poverty data to ac- H.R. 1894. A bill to provide that a plaque be States of certain drugs that have been ap- count for cost of living differences; to the placed at the diplomatic entrance of the De- proved by the Food and Drug Administra- Committee on Education and the Workforce. partment of State; to the Committee on tion; to the Committee on Commerce. By Mr. BLAGOJEVICH: International Relations. By Mr. CANADY of Florida (for him- H.R. 1903. A bill to regulate the sale of fire- By Mr. MENENDEZ (for himself, Mr. self, Mr. JENKINS, Mr. HILLEARY, Mr. arms at gun shows; to the Committee on the BONIOR, Mr. FROST, Mr. LEVIN, Mr. RADANOVICH, Mr. HASTINGS of Wash- Judiciary. ETHERIDGE, Mr. WISE, Ms. JACKSON- ington, Mr. NETHERCUTT, Mr. HOEK- By Mr. PAUL: LEE of Texas, Ms. CARSON, Ms. STRA, Mr. GARY MILLER of California, H.J. Res. 55. A joint resolution to dis- HOOLEY of Oregon, Mr. BERMAN, Mr. Mr. MCCOLLUM, Mr. EHLERS, Mr. approve a rule relating to delivery of mail to STRICKLAND, Mr. REYES, Mr. GOODLATTE, Mr. PETERSON of Penn- a commercial mail receiving agency, issued BALDACCI, Mr. MCGOVERN, Mr. sylvania, Mr. BOYD, Mr. GILLMOR, Mr. by the United States Postal Service; to the MCDERMOTT, Mr. DELAHUNT, Mr. STEARNS, Mr. BISHOP, Mr. LAHOOD, Committee on Government Reform. ROTHMAN, Mr. HOLT, Mr. HINOJOSA, Mr. HASTINGS of Florida, Mr. HERGER, By Mr. CRAMER: Mr. GUTIERREZ, Mr. DEFAZIO, Mr. Mr. GOODE, Mr. SANFORD, and Mr. H. Con. Res. 110. A concurrent resolution SCOTT, Mr. WYNN, Mr. WAXMAN, Ms. PAUL): expressing the sense of Congress that the H.R. 1886. A bill to amend the Migrant and LEE, Mrs. THURMAN, Mr. WEYGAND, July 20, 1999, 30th Anniversary of the first Seasonal Agricultural Worker Protection Ms. WOOLSEY, and Mr. DAVIS of Flor- lunar landing should be a day of celebration Act to clarify the application of such Act; to ida): and reflection on the Apollo-11 mission to the Committee on Education and the Work- H.R. 1895. A bill to develop programs that the Moon and the accomplishments of the force. enhance school safety for our children; to Apollo program throughout the 1960’s and By Mr. GALLEGLY (for himself, Mr. the Committee on Education and the Work- 1970’s; to the Committee on Government Re- SHAYS, Mrs. MORELLA, Mr. BROWN of force, and in addition to the Committee on form. California, and Mr. LIPINSKI): the Judiciary, for a period to be subse- By Ms. MILLENDER-MCDONALD (for H.R. 1887. A bill to amend title 18, United quently determined by the Speaker, in each herself, Ms. NORTON, Mr. THOMPSON States Code, to punish the depiction of ani- case for consideration of such provisions as of Mississippi, Mr. PAYNE, Mrs. mal cruelty; to the Committee on the Judici- fall within the jurisdiction of the committee CHRISTENSEN, Mr. FROST, Mr. ary. concerned. CUMMINGS, Mr. WYNN, Mrs. CLAYTON, By Mr. GOODLING: By Mr. GARY MILLER of California Mrs. MEEK of Florida, Mr. SANDERS, H.R. 1888. A bill to amend title 18, United (for himself, Mr. HALL of Ohio, Mr. Ms. SCHAKOWSKY, Ms. EDDIE BERNICE States Code, to provide a mandatory min- JEFFERSON, Mr. EHRLICH, Ms. KIL- JOHNSON of Texas, and Mr. HINOJOSA): imum prison sentence for certain wire- PATRICK, Mr. ABERCROMBIE, Mr. H. Res. 184. A resolution expressing the tapping or electronic surveillance offenses FRANK of Massachusetts, and Mr. sense of the House of Representatives regard- by Federal officers or employees; to the SMITH of New Jersey): Committee on the Judiciary. H.R. 1896. A bill to designate the Republic ing Federal Government procurement access H.R. 1889. A bill to amend title 18, United of Korea as a visa waiver pilot program for minority-owned businesses; to the Com- States Code, to impose stiffer penalties on country for one year under the Immigration mittee on Government Reform. persons convicted of lesser drug offenses; to and Nationality Act; to the Committee on the Committee on the Judiciary. the Judiciary. f By Mr. HINCHEY (for himself, Mr. FIL- By Mr. PETRI: NER, Mr. ROHRABACHER, Mr. FROST, H.R. 1897. A bill to provide for the estab- ADDITIONAL SPONSORS Ms. PELOSI, and Ms. KILPATRICK): lishment and maintenance of personal Social H.R. 1890. A bill to amend title XVIII of the Security investment accounts under the So- Under clause 7 of rule XII, sponsors Social Security Act to provide for coverage cial Security system; to the Committee on were added to public bills and resolu- of qualified acupuncturist services under Ways and Means. tions as follows: May 20, 1999 CONGRESSIONAL RECORD — HOUSE H3461

H.R. 7: Mr. BACHUS. H.R. 1001: Mr. SHAW, Mr. GOODE, Mr. HILL H.R. 1494: Mr. GALLEGLY. H.R. 8: Mr. JONES of North Carolina. of Montana, and Mr. YOUNG of Alaska. H.R. 1507: Mr. RADANOVICH. H.R. 19: Mr. LEWIS of California and Ms. H.R. 102: Mr. RODRIGUEZ, Mr. PAYNE, Mr. H.R. 1514: Mr. STRICKLAND. PRYCE of Ohio. PALLONE, Ms. KILPATRICK, Mr. CAPUANO, Mr. H.R. 1516: Mr. PASTOR. H.R. 25: Mr. OWENS, Ms. VELA´ ZQUEZ, and MALONEY of Connecticut, Mr. HASTINGS of H.R. 1546: Ms. PRYCE of Ohio. Mr. ENGEL. Florida, Mr. FRANK of Massachusetts, and H.R. 1567: Mr. SESSIONS. H.R. 49: Mr. HINCHEY. Mr. CLAY. H.R. 1579: Ms. PELOSI, Ms. ESHOO, Mr. H.R. 85: Mr. WEYGAND, Mr. JACKSON of Illi- H.R. 1044: Mr. GUTKNECHT, Mr. FROST, and Mr. DEAL of Georgia. nois, Mr. KENNEDY of Rhode Island, Ms. HOSTETTLER, and Mr. PHELPS. H.R. 1606: Mr. HORN. SCHAKOWSKY, and Mr. LIPINSKI. H.R. 1070: Mr. MINGE, Mr. WATT of North H.R. 1620: Mr. HAYWORTH, Mr. SUNUNU, and H.R. 175: Ms. CARSON, Mr. WU, Mr. RADANO- Carolina, and Mr. SMITH of Washington. Mr. TERRY. VICH, Mr. GREEN of Wisconsin, Mr. MCINTOSH, H.R. 1079: Mr. THUNE, Mr. LAFALCE, and H.R. 1621: Ms. KILPATRICK, Mr. LUTHER, and Mr. ROEMER, and Mr. DOOLITTLE. Mr. KING. Mr. KUCINICH. H.R. 323: Mr. MOAKLEY. H.R. 1080: Mr. FRANKS of New Jersey. H.R. 1629: Ms. WATERS, Mr. MCGOVERN, Mr. H.R. 325: Mr. BECERRA and Mr. LAMPSON. H.R. 1082: Mr. FOLEY and Mr. KLECZKA. BOSWELL, Mr. HILL of Indiana, Mr. BONIOR, H.R. 330: Mrs. CHENOWETH and Mr. RADANO- H.R. 1083: Mr. JONES of North Carolina. Ms. MCKINNEY, Mr. PASTOR, Mr. FALEOMA- VICH. H.R. 1090: Mr. QUINN, Ms. SLAUGHTER, Ms. VAEGA, and Mr. HINCHEY. H.R. 353: Mr. CLAY, Mr. LOBIONDO, Mr. KILPATRICK, and Mr. STRICKLAND. H.R. 1644: Ms. ESHOO, Mrs. CLAYTON, Mrs. LEWIS of Kentucky, Mr. NADLER, Mrs. H.R. 1092: Ms. EDDIE BERNICE JOHNSON of THURMAN, Ms. BALDWIN, Mr. SANDERS, Mr. MALONEY of New York, Mr. TOWNS, and Mr. Texas. BROWN of Ohio, Mr. MCNULTY, Mr. MOL- BURTON of Indiana. H.R. 1093: Mr. VISCLOSKY and Mr. HILL of LOHAN, and Mr. PHELPS. H.R. 363: Mr. WU. Indiana. H.R. 1645: Ms. SLAUGHTER. H.R. 425: Mr. ABERCROMBIE, Mr. DAVIS of Il- H.R. 1105: Ms. WOOLSEY, Mr. CONDIT, and H.R. 1658: Ms. BALDWIN, Mr. CAMPBELL, Mr. linois, and Mr. WEYGAND. Mr. BLUMENAUER. ENGLISH, Mrs. KELLY, Mr. LOBIONDO, Mr. H.R. 443: Ms. NORTON and Mrs. MCCARTHY H.R. 1111: Mrs. MCCARTHY of New York and GARY MILLER of California, Mr. GEORGE MIL- of New York. Mr. EVERETT. LER of California, Mrs. MINK of Hawaii, and H.R. 483: Mr. JONES of North Carolina. H.R. 1177: Mr. HOEKSTRA. Mr. STARK. H.R. 486: Ms. ROYBAL-ALLARD, Mr. H.R. 1180: Mrs. BONO, Mr. ROTHMAN, and H.R. 1671: Mr. MCGOVERN. BLAGOJEVICH, and Mr. KIND. Mr. SOUDER. H.R. 1676: Mr. JEFFERSON and Ms. H.R. 531: Mr. CLYBURN, Ms. KAPTUR, and H.R. 1182: Mr. PICKETT. SCHAKOWSKY. Mr. COOK. H.R. 1187: Mr. FRANKS of New Jersey, Ms. H.R. 1694: Mr. MALONEY of Connecticut. H.R. 534: Mr. BARRETT of Wisconsin. VELAZQUEZ, Mrs. MEEK of Florida, Mr. H.R. 1706: Mr. LARGENT. H.R. 555: Ms. CARSON and Mr. SCOTT. OWENS, and Mr. DIXON. H.R. 1710: Mr. ARMEY and Mr. REGULA. H.R. 557: Mr. GOODE and Mr. PAUL. H.R. 1193: Mr. HINOJOSA, Mr. BROWN of H.R. 1732: Mr. GONZALEZ, Mr. MOORE, and H.R. 561: Mr. BERMAN. Ohio, and Mr. MOAKLEY. Mr. WU. H.R. 570: Mr. HOBSON. H.R. 1214: Mr. BENTSEN. H.R. 1734: Mr. FORD. H.R. 591: Mr. FORBES. H.R. 1219: Mr. KENNEDY of Rhode Island. H.R. 1736: Mr. FROST, Ms. LEE, and Ms. H.R. 629: Mr. RUSH. H.R. 1221: Mr. MARKEY. KAPTUR. H.R. 655: Mr. OLVER, Mr. ENGEL, Mr. DIXON, H.R. 1244: Mr. BACHUS and Ms. ESHOO. H.R. 1764: Mr. FRANK of Massachusetts. Mr. KILDEE, and Ms. STABENOW. H.R. 1248: Mr. TALENT, Mr. UDALL of New H.R. 1765: Mr. GUTIERREZ, Mr. DOYLE, Mr. H.R. 697: Mr. LEWIS of Kentucky, Mr. HALL Mexico, Mr. WISE, and Mrs. THURMAN. RODRIGUEZ, Mr. CRAMER, and Mr. PASCRELL. of Texas, and Mr. ROYCE. H.R. 1259: Mr. TOOMEY and Mr. STUMP. H.R. 1776: Mr. WEYGAND, Mrs. KELLY, Mr. H.R. 698: Mr. FORD. H.R. 1260: Mr. KUYKENDALL. HALL of Texas, Mr. RAMSTAD, Mr. MCINTOSH, H.R. 735: Mr. FORBES. H.R. 1276: Mr. KUCINICH. Mr. PICKERING, Mr. GILMAN, Mr. WELLER, H.R. 764: Mr. ARMEY, Mrs. CHRISTENSEN, H.R. 1278: Mr. PHELPS. Mrs. MORELLA, Mr. BACHUS, Mrs. ROUKEMA, Ms. EDDIE BERNICE JOHNSON of Texas, Mr. H.R. 1300: Mrs. JONES of Ohio, Ms. PRYCE of Mr. BALLENGER, Mr. BOEHLERT, Mr. SCHAF- WYNN, Ms. KILPATRICK, Ms. NORTON, Mr. Ohio, Mr. FOLEY, and Mrs. EMERSON. FER, Mr. METCALF, Mr. GREEN of Texas, Mr. RUSH, Mr. THOMPSON of Mississippi, Ms. H.R. 1317: Mr. TRAFICANT and Mr. MORAN of DOYLE, Mr. COOK, Mr. GONZALEZ, Mr. DOO- JACKSON-LEE of Texas, Mrs. CLAYTON, Ms. Kansas. LITTLE, Mr. JONES of North Carolina, Mr. MILLENDER-MCDONALD, Mr. WATT of North H.R. 1323: Mr. CUMMINGS and Mr. THOMPSON ADERHOLT, Ms. PRYCE of Ohio, Mr. SANDLIN, Carolina, Mr. JEFFERSON, Mr. BISHOP, Mrs. of California. and Mr. NEY. MEEK of Florida, Ms. LEE,, Ms. CARSON, Mr. H.R. 1324: Mr. WOLF, Ms. KILPATRICK, Mrs. H.R. 1777: Mr. SANDERS and Mr. RAHALL. RANGEL, and Mr. CLYBURN. ROUKEMA, Mr. CUMMINGS, Mr. NEY, Mrs. H.R. 1786: Mr. FROST. H.R. 772: Ms. MILLENDER-MCDONALD. CHRISTENSEN, Mr. UNDERWOOD, Mr. OBER- H.R. 1791: Mr. LIPINSKI. H.R. 789: Mr. ENGEL. STAR, Mr. COYNE, Mr. SANDERS, Mr. FRANK of H.R. 1824: Mrs. MYRICK, Mr. ARMEY, and H.R. 815: Mr. WAMP and Mr. ENGEL. Massachusetts, Mrs. THURMAN, Mr. SAWYER, Mr. DOYLE. H.R. 826: Mr. BACHUS. Mr. MATSUI, Mr. BONIOR, Mr. KUCINICH, Mr. H.R. 1837: Mr. FOLEY, Mr. SPRATT, Mr. H.R. 828: Mr. WISE. NEAL of Massachusetts, Mr. BROWN of Cali- BLUNT, Mr. PRICE of North Carolina, Mr. H.R. 835: Mr. HALL of Ohio, Mr. MENENDEZ, fornia, Mr. WAXMAN, Ms. RIVERS, Mr. MORAN ENGLISH, Mr. BERRY, Mr. MALONEY of Con- Mr. PACKARD, Mr. PAUL, and Mr. ROTHMAN. of Virginia, Mr. FILNER, Ms. JACKSON-LEE of necticut, Mr. BAKER, Mr. HILL of Montana, H.R. 838: Mr. TAUZIN. Texas, Mr. OLVER, Mr. ENGLISH, Mr. BARRETT Mr. UPTON, and Ms. BROWN of Florida. H.R. 840: Ms. LOFGREN and Ms. of Wisconsin, and Mr. BAIRD. H.R. 1839: Mr. LOBIONDO. SCHAKOWSKY. H.R. 1326: Mr. PHELPS, Ms. KILPATRICK, H.R. 1857: Mr. MOAKLEY and Mr. MCGOV- H.R. 859: Mr. WATKINS. Mrs. MORELLA, Mr. PETRI, and Mr. GONZALEZ. ERN. H.R. 864: Mr. PAYNE, Mr. DAVIS of Virginia, H.R. 1344: Mr. POMEROY and Mr. EVANS. H.J. Res. 7: Mr. BAKER. Mr. MARTINEZ, Mr. WISE, Mr. LUCAS of Okla- H.R. 1355: Mr. CAPUANO and Mr. DAVIS of H.J. Res. 33: Mr. BOSWELL. homa, Mr. CRANE, Mr. HALL of Texas, Ms. Florida. H.J. Res. 53: Mr. BLUNT, Mr. METCALF, and CARSON, Mr. SHAYS, Mr. ENGEL, Mr. GREEN of H.R. 1358: Mr. COOK Mrs. MYRICK. Wisconsin, Mr. SANDERS, Mr. DOOLITTLE, Mr. H.R. 1360: Mr. LAFALCE and Mr. QUINN. H. Con. Res. 31: Mr. ENGEL. MCINTOSH, and Mr. KIND. H.R. 1388: Ms. DELAURO, Mr. SAM JOHNSON H. Con. Res. 51: Mr. PRICE of North Caro- H.R. 868: Mr. BROWN of Ohio, Mr. of Texas, and Mr. CAPUANO. lina. LATOURETTE, Mr. BONIOR, and Mr. SAWYER. H.R. 1399: Ms. PELOSI, Mr. PAYNE, Mrs. H. Con. Res. 79: Mrs. EMERSON, Mr. ENGEL, H.R. 876: Mr. SCARBOROUGH. NAPOLITANO, Mr. ABERCROMBIE, and Mr. Mr. SIMPSON, Mr. ACKERMAN, Mr. LUCAS of H.R. 896: Mrs. KELLY. CROWLEY. Oklahoma, Mr. TAUZIN, Mrs. ROUKEMA, and H.R. 902: Ms. ROYBAL-ALLARD. H.R. 1414: Mr. OLVER. Mr. HINCHEY. H.R. 939: Ms. SCHAKOWSKY. H.R. 1421: Mr. LUTHER and Ms. SLAUGHTER. H. Con. Res. 106: Mr. CUMMINGS. H.R. 941: Mr. QUINN, Mr. BAIRD, and Mr. H.R. 1429: Mr. WAXMAN. H. Con. Res. 107: Mr. ARMEY. HINCHEY. H.R. 1432: Ms. KILPATRICK, Mr. DEUTSCH, H. Con. Res. 109: Mr. ROHRABACHER, Mr. H.R. 953: Mr. WEINER, Ms. NORTON, Mr. Mr. FILNER, and Mr. ROTHMAN. DEUTSCH, Mr. DIAZ-BALART, Mr. GUTIERREZ, BOSWELL, Ms. ROYBAL-ALLARD, Mr. BORSKI, H.R. 1456: Mr. FARR of California, Mr. NEAL Mr. VISCLOSKY, Mr. HOLDEN, Mr. OWENS, Mr. and Mr. WAXMAN. of Massachusetts, Mr. LEACH, Mr. BORSKI, FALEOMAVAEGA, Mrs. KELLY, Mr. MCNULTY, H.R. 957: Mr. GEKAS, Mr. DUNCAN, Mr. Mr. DINGELL, Mr. MCDERMOTT, and Mr. BOU- and Mr. RAHALL. UPTON, and Mr. UDALL of Colorado. CHER. H. Res. 41: Ms. CARSON and Mr. THOMPSON H.R. 976: Ms. LOFGREN, Ms. RIVERS, and Mr. H.R. 1463: Mr. CAPUANO, Mr. KUCINICH, Mr. of California. DUNCAN. MARKEY, Mr. WEINER, Mr. PALLONE. H. Res. 60: Mr. GEJDENSON. H.R. 984: Mr. FRELINGHUYSEN and Mr. H.R. 1476: Mr. BENTSEN. H. Res. 90: Mr. PETERSON of Pennsylvania, DAVIS of Florida. H.R. 1484: Ms. CARSON and Mr. MCGOVERN. Mr. FOLEY, Mr. BROWN of California, and Ms. H.R. 989: Mr. NADLER. H.R. 1485: Ms. WOOLSEY and Mr. BERMAN. JACKSON-LEE of Texas. H3462 CONGRESSIONAL RECORD — HOUSE May 20, 1999 H. Res. 95: Mr. PACKARD. AMENDMENTS (b) ELEMENTS OF TEST AND EVALUATION.— The test and evaluation of MEANPALS shall H. Res. 144: Mr. UNDERWOOD. Under clause 8 of rule XVIII, pro- include the following components: H. Res. 146: Mr. LUTHER and Mr. WU. posed amendments were submitted as (1) Use by the Army of two MEANPALS at follows: H. Res. 178: Mr. MENENDEZ, Mr. DOYLE, Ms. a location that serves both fixed wing air- OFFERED BY: MR. TRAFICANT SCHAKOWSKY, Mr. GUTIERREZ, and Mr. craft and helicopters. Amendment No. 1. At the end of title II (2) Use by the Marine Corps of one MCNULTY. (Page l, after line l), insert the following MEANPALS at a location that could serve new section: Marine Corps aircraft as well as direct am- f Sec. l . TEST AND EVALUATION OF phibious landing craft and ground vehicles. MOBILE EXPEDITIONARY ACCURATE (3) Use by the Air Force Reserve or the Air DISCHARGE PETITIONS— NIGHT VISION COMPATIBLE PORTABLE National Guard of three MEANPALS at AIRFIELD LIGHTING SYSTEM. three separate locations. ADDITIONS OR DELETIONS (a) TEST AND EVALUATION REQUIRED.—The Secretary of Defense shall provide for the f The following Members added their test and evaluation by the Armed Forces of names to the following discharge peti- the Mobile Expeditionary Accurate Night Vi- tion: sion Compatible Portable Airfield Lighting PRIVATE BILLS AND System, which is known as ‘‘MEANPALS’’ RESOLUTIONS Petition 1 by Mr. TURNER on House Reso- and is designed to use enhanced vision tech- lution 122: BENNIE G. THOMPSON and MAT- nologies, such as laser guidance systems, to Under clause 3 of rule XII, THEW G. MARTINEZ. provide accurate runway centerline lineup Mrs. CLAYTON introduced A bill (H.R. cues and approach information for up to 1904) for the relief of Abimbola Petition 2 by Mr. CAMPBELL on House 10,000 foot runways at both improved and un- Oyebade-Balogun; which was referred Resolution 126: DAVID D. PHELPS. improved aircraft landing sites. to the Committee on the Judiciary. 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, THURSDAY, MAY 20, 1999 No. 74 Senate The Senate met at 9:30 a.m. and was the school in Georgia, especially in the VIOLENT AND REPEAT JUVENILE called to order by the President pro Nation’s public schools, so that mor- ACCOUNTABILITY AND REHA- tempore [Mr. THURMOND]. tality, safety, tranquility, and happi- BILITATION ACT OF 1999 The PRESIDENT pro tempore. To- ness prevail throughout our country The PRESIDING OFFICER. The Sen- day’s prayer will be offered by our and throughout the world. Amen. ate will now under that order resume guest Chaplain, Rabbi Moshe Feller, consideration of S. 254, which the clerk Upper Midwest Regional Director of f will report. the World Lubavitch Movement, St. The legislative assistant read as fol- Paul, MN. RECOGNITION OF THE ACTING lows: We are pleased to have you with us. MAJORITY LEADER A bill (S. 254) to reduce violent juvenile crime, promote accountability by and reha- PRAYER The PRESIDENT pro tempore. The bilitation of juvenile criminals, punish and The guest Chaplain, Rabbi Moshe able chairman of the Judiciary Com- deter violent gang crime, and for other pur- Feller, Upper Midwest Chabad mittee is recognized. poses. Lubavitch, offered the following Mr. HATCH. Mr. President, I thank Pending: prayer: the President pro tempore. Frist amendment No. 355, to amend the In- Almighty God and God of our fathers, dividuals with Disabilities Education Act sovereign Ruler of the universe and all f and the Gun-Free Schools Act of 1994 to au- mankind, tomorrow we mark Your bib- thorize schools to apply appropriate dis- lical holiday—the Festival of Weeks. SCHEDULE cipline measures in cases where students have firearms. On this day 3,311 years ago, You de- Mr. HATCH. This morning the Sen- Lautenberg/Kerrey amendment No. 362, to scended on Mount Sinai and gave the ate will resume debate on the juvenile regulate the sale of firearms at gun shows. Ten Commandments amidst ‘‘thunder justice bill. Under a previous order, the Lott (for Smith of Oregon/Jeffords) amend- and lightning and the powerful sound Senate will begin 60 minutes of debate ment No. 366, to reverse provisions relating to pawn and other gun transactions. of the ram’s horn.’’ on the Smith and Lautenberg pawn- Before issuing Your Commandments, shop amendments. Following that de- AMENDMENT NO. 366, AS MODIFIED the most crucial of which are: Thou bate, at approximately 10:30, votes on Mr. HATCH. Mr. President, I send a shalt not commit murder; Thou shalt or in relation to the amendments will modification to the desk and ask unan- not commit adultery; Thou shalt not occur. Additional amendments are ex- imous consent that the Smith amend- steal, You awesomely declared, ‘‘I am pected, and therefore votes will occur ment be modified. The PRESIDING OFFICER. Is there God, your God.’’ You declared so be- throughout the day and into the cause, in Your infinite wisdom, You objection? evening. Mr. LEAHY. Mr. President, we have knew that only by constantly focusing In addition, consideration of the sup- on Your sovereignty could humans con- no objection to the modification. plemental appropriations bill will The PRESIDING OFFICER. Without trol their negative impulses. begin today. It is hoped that a time Almighty God, this august institu- objection, it is so ordered. agreement on this legislation will be The amendment (No. 366), as modi- tion, the Senate of the United States of made and a vote on final passage will America, responds daily to Your dec- fied, is as follows: also take place today. At the end of the act, insert the following: laration at Sinai by opening their con- I thank my colleagues for their at- vocations in this historic and noble SEC. . PROVISIONS RELATING TO PAWN SHOPS tention. AND SPECIAL LICENSEES. Chamber with the recognition of Your The PRESIDING OFFICER (Mr. (a) Notwithstanding any other provision of sovereign presence and by publicly of- CRAPO). The Senator from Utah. this Act, the repeal heretofore effected by fering prayers to You. Mr. HATCH. What is the pending paragraph (1) and the amendment heretofore Reward this sacred practice by grant- business? effected by paragraph (2) of subsection (c) ing the Senators good health, good with the heading ‘‘Provision Related to cheer, good fellowship, long life, and Pawn and Other Transactions’’ of section 4 of f abundant wisdom. May this wise and the title with the heading ‘‘General Firearms sacred practice be an inspiration to all Provisions’’ shall be null and void. RESERVATION OF LEADER TIME (b) Notwithstanding any other provision of convocations and assemblies which are this Act, section 923(m)(1), of Title 18, United convened daily throughout our blessed The PRESIDING OFFICER. Under States Code, as heretofore provided, is country and throughout the world to the previous order, the leadership time amended by adding at the end the following do likewise, in light of today’s event in is reserved. subparagraph:

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

S5633

.

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5634 CONGRESSIONAL RECORD — SENATE May 20, 1999 ‘‘(F) COMPLIANCE.—Except as to the State adoption of the managers’, the Hatch- Unquestionably, the Senate hit a real and local planning and zoning requirements Leahy amendment. Those modifica- snag on this bill when it rejected, on a for a licensed premises as provided in sub- tions go a long way toward improving virtual party-line vote, the Lautenberg paragraph (D), a special licensee shall be the bill. I predicted all week long that amendment. They didn’t solve the first subject to all of the provisions of this chap- once we adopted Hatch-Leahy, we ter applicable to dealers, including, but not Craig amendment and Hatch-Craig II, limited to, the performance of an instant would have fewer than 10 amendments seeking to reconstitute the ill-advised background check.’’ offered from the Democratic side. initial votes on the gun show issue. As we begin this morning, I am sure The PRESIDING OFFICER. The Sen- Senator SCHUMER and I tried to point of that. I am working with other ator from Vermont. out problems with the Craig amend- Mr. LEAHY. Mr. President, I will Democratic Senators to see if the num- ment, only to be told we were wrong ber of amendments can be reduced even withhold. last Wednesday night. In fact, we were Mr. HATCH. Mr. President, this is an further. Thanks to the hard work of told in fairly scathing terms how important day because this is the day Senator REID and others, the Demo- wrong we were. Of course, the next cratic amendments have been pared on which we hope we can finally pass morning after the press looked at it, down from 89 to a precious few left to this juvenile justice bill. We have had and after the Senate adopted the ini- be offered. They are still pending; they another shooting of students just today tial Craig amendment, it was clear to are still to be offered. I am hoping, at a high school in Georgia. The shoot- almost all throughout the country that though, that none will pose a stum- ing occurred at 8 a.m. at the Heritage mistakes had been made, the Senator bling block. from New York and I were correct, and High School and a number of children I know that in a little while the matters needed to be fixed. So we saw were wounded. I won’t go into the de- President of the United States will another partial fix. tails, but the shooting was exactly a travel to Colorado for events in connec- Today, we will see yet a third Repub- month after the April 20 slaughter at tion with remembering and honoring lican amendment seeking to rectify Columbine High School in Littleton, those who perished in Littleton, CO, re- what the Senate did when it rejected Colorado, where two students killed 13 cently as a result of school violence. I the Lautenberg amendment in favor of people before taking their own lives. hope the visit from the President will It is apparent that we have to do help heal the wounds and ease the suf- the Craig amendment last week. The something about this, and this bill is a fering. He is right to go to Colorado, Smith-Jeffords amendment is the most very considered attempt to do exactly just as he went to Oklahoma and has recent Republican amendment in that that. gone to the side of other Americans in series of Republican amendments mak- Now, we are going to have two very other places where tragedy has struck ing corrections. As President Reagan crucial amendments this morning. The over the last several years. I had hoped said in another context, ‘‘There you go Smith amendment is first to come up, that perhaps the chairman of the Judi- again.’’ Unfortunately, the Smith-Jef- and this amendment is to resolve the ciary Committee and I could place a fords amendment closes only 2 of the 13 pawn shop issue and the special li- joint call to the President before he loopholes created by adoption of the censee issue. I commend the distin- leaves Colorado this afternoon to tell Craig and the Hatch-Craig amendment. guished Senator from Oregon and the him the Senate is doing its job, the The Smith-Jeffords amendment is distinguished Senator from Vermont in Senate has completed its initial work baby steps toward background checks. particular for their thoughtfulness in on the juvenile crime bill, and the Sen- That is what it is, baby steps toward trying to resolve this difficulty. We ate is sending the bill to the House for background checks. It closes one loop- want to do this in a bipartisan way. I its prompt consideration. I would like hole by requiring special licensees surely hope people quit trying to score for the President to be able to share under Hatch-Craig to conduct back- political points and help to get this bill that news with the people of Colorado ground checks on firearm sales at gun done. and the Nation so that parents and shows. It closes the pawnshop loophole With that, I yield the floor. youngsters everywhere can be reas- by repealing the Hatch-Craig amend- The PRESIDING OFFICER. The Sen- sured we are making progress in our ment provision that allowed criminals ator from Vermont. work and that the Senate of the United to redeem guns at pawnshops without Mr. LEAHY. Mr. President, look States is acting as the conscience of background checks—the same loophole where we are today—another high the Nation. adopted by the Senate last week. school shooting incident in Atlanta, There is one set of amendments that The Smith-Jeffords amendment still four young people, at least in the ini- still threatens final passage of this bill. leaves 11 loopholes that were created tial news, injured, not killed. I talked The Frist-Ashcroft amendment, which by adoption of the Craig and Hatch- about it with the Attorney General a proposes modification of IDEA, is a Craig amendment of last week. The few minutes ago. She had expressed her matter of significant controversy and Smith-Jeffords amendment does not concern. I also commended her for her turmoil. Because that amendment close the legal immunity loophole cre- strong words of last week because I be- threatens completion of the bill, I ated by the Craig and Hatch-Craig lieve that helped move this bill for- made a series of suggestions over the amendments. Those amendments dis- ward. We are considering it during the last couple of days in an effort to try miss pending lawsuits against some eighth legislative day. We have not to avoid that risk to the underlying gun dealers and perhaps even gun man- spent full days on this important bill. measure. We need the cooperation of ufacturers. Giving gun dealers and We will not be able to spend a full day. the Republican sponsors of that amend- manufacturers a get-out-of-jail-free Notwithstanding that, we have made ment if we are to complete our work on card is wrong. significant progress. the juvenile bill today. The Smith-Jeffords amendment does Today, we will also consider the long- We are also working our way through not close the loophole that weakens all delayed emergency supplemental ap- a series of gun-related proposals to the background checks at gun shows by propriations bill to provide relief for bill. Last week, the Senate adopted a giving law enforcement only 24 hours victims of Hurricane Mitch, humani- pattern of tabling Democratic amend- to complete the checks. Most gun tarian aid in the Balkans, aid for farm- ments one day, and the next day it shows take place on weekends when ers, and aid for the victims of natural adopted pieces of those amendments if courthouses and record departments disasters, as well as military and other they were offered by Republicans. I are closed. Law enforcement may well appropriations. suppose I should be glad to see our need the full 3 days to do the job right. In the time available to us today, I amendments finally get in one way or Now, at the rate of the Smith-Jef- do hope we will be able to move to final the other, but it is petty to say the fords amendment on closing only 2 of passage on this bill. The bill has been amendments aren’t worth anything if the 13 gun show loopholes—the ones much improved since its predecessor they are offered by Democrats, but the Republicans voted for last week— was introduced 2 years ago as S. 10. I they are wonderful if the same amend- by closing only 2 of the 13 gun show detailed some of those improvements ment is offered by a Republican. We loopholes at a time, I believe the Re- yesterday, and yesterday the Senate have to do better. This should be a bi- publican majority will need to offer 6.5 took a giant step forward with the partisan bill. more amendments to finally fix all the

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 20, 1999 CONGRESSIONAL RECORD — SENATE S5635 problems in the amendments they time to tell gun owners and buyers to hole open. We are going to close it adopted last week. The Senate does not be responsible. It is time to show the today. have the luxury of time to follow the Nation that we understand their con- Second, because there is a dispute as ‘‘baby steps toward the background cerns and we are acting. to the Hatch-Craig language in terms checks’’ approach. The tragic shooting at Littleton and of licensees, we are clarifying that. We Fortunately, Senators LAUTENBERG today in Atlanta further demonstrates are saying simply those in the new and KERREY are offering the Senate an- the need for both sides to come to- Federal firearms dealer category of a other chance to right this matter by gether and to work on this issue to find ‘‘special licensee’’ must comply with adoption of the modified version of the a common solution to the escalating all dealer provisions of the Gun Control Lautenberg amendment this morning. level of school violence. Act and always do a background check The Lautenberg and Kerrey amend- The amendment Senator SMITH and I with no exceptions. ment closes all 13 gun show loopholes. are offering will help ensure that time- This morning we have heard there I hope we will finally step past party ly background checks are performed on are apparently 13 additional loopholes. labels and close all 13 loopholes. a purchase of firearms at gun shows. Let me suggest the difference between If we hear that we have already voted The Smith-Jeffords amendment should our amendment and theirs. What our on this matter, be careful. We did. It bring this Senate together with the amendment does is incentivize. What was tabled. But didn’t we find after common goal of any illegal firearm their amendment does is regulate. The that more loopholes were opened up? sales. The amendment is a bold, bipar- special licensee, if he obeys the law, We have to come back. Let’s close the tisan step and should be adopted. Now comes in and is entitled to an instant loopholes once and for all. After all, is the time for action. Now is the time check, access to the instant check sys- the Senator from New Jersey should be for reason to prevail over rhetoric. Now tem. He is not charged a fee, because commended for offering the Senate a is the time to show our Nation’s par- we are not interested in increasing second chance to do the right thing. ents that we can get together and end taxes here. He is immune from civil li- We have had three amendments on this senseless violence. ability and fines of up to $10,000 and 5 the subject from the other side, first I yield the floor. years in prison. We are trying to get opening huge loopholes, and now—and I Mr. SMITH of Oregon. Mr. President, people to understand we want them to commend Senator SMITH for trying to I rise first to thank the cosponsor of come in. We do not want to drive them close the same loopholes that he voted this amendment, Senator JEFFORDS; into the back alley and into the park- for last week. I hope that all Members and also Senator MCCAIN, who was in- ing lot and into the street. We want will step back from the heat of the de- strumental in helping me and others to them to come in, in the light of day, bate and vote on the merits of these bring attention to the need to get a bill because they are proud of their second proposals. They can be corrected today. we can be proud of and that actually amendment rights, and will protect The way to do that is to vote for the works. their second amendment rights Lautenberg-Kerrey amendment and Second, I extend my condolences, my through instant check. close all the loopholes—not the baby thoughts, my prayers to the people of Let me tell you what else we do. steps but the one giant step. Atlanta. I know whereof they suffer There is a huge difference between this Let’s not keep coming back, and let’s this terrible day. It was a year ago, and amendment and the one my friend from not be in a position we seem to put a few days, that Oregon, in Springfield, New Jersey is proposing. He is allowing ourselves in. We open up huge loop- at Thurston High School, suffered a for 72-hour checks. If it takes 72 hours holes, the American public reacts with similar tragedy. Now we must add At- to get a background check, it is not an great unanimity against those loop- lanta to the roll of Littleton and instant check. If you have ever been holes, and then we come back and say Springfield and Jonesboro and Paducah pulled over for a traffic violation, you let’s close a few and wait and see what and many other places. know the policeman will check your the reaction is. Let’s do what the We stand here today as elected rep- car, check your license, check your American people are saying: Close all resentatives of the people of the United registration, and he will find out if the loopholes. States, to try to do right by them. But there is any additional reason, other I retain the remainder of my time. too often in this Chamber the focus than a traffic violation, to hold you. The PRESIDING OFFICER. The Sen- seems to suggest there is only one an- We have instant check now. Why do we ator from Vermont. swer and that answer is to go after not make instant check available to Mr. JEFFORDS. Mr. President, the guns. But the problem is so much deep- people who are exercising their second vote we are about to take is about er than that. I am willing to admit amendment rights? I want to be real compromise. It is an attempt to try to there are things we can do, and things clear: 72 hours is not an instant. We are get a bipartisan bill. It is about finding we are doing now, that will separate going down to 24 hours because we common ground to resolve an issue law-abiding citizens and gun owners want to incentivize this Government to vital to the Nation. We should join to- from the fanatics and the kooks and finally go to work and produce instant gether and show the American people the criminals, the dangerous and the check, make it available. that it is in a bipartisan manner that deranged in our society. We do not One of the most appalling revelations the Senate can responsibly deal with want them to have guns. We do not to come out of the tragedies of Little- the issue of guns. want obtaining guns to be easy for ton is that gun laws are not prosecuted As a Senator who voted for the Brady them. But we want to construct a sys- by this administration. We can pass all bill, I understand the importance of tem that encourages the law abiding to the laws in the world on guns but if background checks. I understand the come and participate in an instant they are not enforced they are of little need to keep firearms from felons. I check, a system that encourages, that value to this country. So, where it have long supported the concept of incentivizes, and does not just regulate makes sense to add, we are adding. But background checks at gun shows. and drive things into the back alley we call on the administration also to This amendment mandates that and into the parking lot. enforce. If we enforce our laws, we will every gun transaction at a gun show The amendment that Senator JEF- begin to make them efficacious; we must include a background check, pe- FORDS and I offer today does two very will begin to change conduct. riod. There are no loopholes. This is simple things. We do close the pawn- But there is an important additional not a smokescreen. This is strict lan- shop loophole. We use the very lan- reason for supporting this amendment guage, strong language, that will force guage of my colleague and friend from versus that of the Senators from New gun sellers and purchasers to follow re- New York, Senator SCHUMER, to go Jersey. Many States, as we speak, my sponsible actions in trading and selling back to current ATF regulation to own included, are debating the issue of guns. make sure if someone comes in and gun shows, are debating the issue of in- The system we created with this hocks his gun he cannot then go, com- stant check. You and I know very well amendment mandates that people pur- mit a felony, and then retrieve that that law enforcement takes place chase firearms legally and, therefore, gun without a background check. I where crimes occur, at the local level. go through the background check. It is have no intention of leaving that loop- There are Governors and legislators

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5636 CONGRESSIONAL RECORD — SENATE May 20, 1999 who are working with gun advocates, Mr. LEAHY. Mr. President, I yield ward, two steps back, two steps for- gun opponents, and police forces who my remaining 5 minutes—I believe I ward, three steps back. That is what we are trying to come up with definitions have 5 minutes—to the Senator from have been doing this week. Yes, we are that will work for their States and New York. He is going to speak right making progress, but on such a modest their localities. That is happening as before the Senator from New Jersey amendment like closing the gun show we are talking. It is happening in my who, under the original order, is guar- loophole, why does it take us 7 days of State. If we go to Senator LAUTEN- anteed time in any event. debate? Why does it take three dif- BERG’s definition, all we would do is Mr. SCHUMER. I now, in the 5 min- ferent fixes that still do not close all nullify much of the work that has al- utes yielded to me generously by the the loopholes? ready been done and has been passed Senator from Vermont—I believe I It is time for this body to come into law. I am saying we should not do have 20 minutes. I will speak for 10—I clean. It is time for this body to simply that. Because law enforcement, while will control 10 and yield 10 to the Sen- say, yes, we believe in the right to bear we have a role, will remain primarily a ator. arms, but we also believe there are local concern because it is locally ad- Mr. LAUTENBERG. To be sure, the practical limitations that do not inter- ministered. Parliamentarian may be able to tell us. fere with the rights of legitimate gun So I would like to trust the States, How much time will we have on the owners that we can make, and we can to leave them some room, some discre- Smith and Lautenberg amendments make them forthrightly and cleanly tion to fix this problem on their terms, combined? without all of these tiny baby steps. in ways that work in their commu- Mr. SCHUMER. I believe there are 20 I guarantee you, the American people nities. We cannot know it all here, minutes left, Mr. President. are fed up with compromises with the even though we too often pretend to. The PRESIDING OFFICER. The mi- gun lobby. Since the beginning of time, So, if you care about the issue of nority has 20 minutes total. The major- some teenagers have been crazy and States rights and law enforcement, ity has 15 minutes 58 seconds. angry and mixed up and sometimes dis- Smith-Jeffords is the way to vote. If Mr. LAUTENBERG. And the Senator turbed, but they have never been you want Washington to dictate every yields—— armed. Until now, a teenager who was principle and every definition, then Mr. SCHUMER. I will be yielding 10 truly disturbed had his fists, and there Senator LAUTENBERG’s approach is the minutes to the Senator from New Jer- might be a broken thumb and there way to do it. sey. might be black-and-blue eyes. There There is another reason. I talked The PRESIDING OFFICER. The Sen- would not be dead children being taken about incentives. I congratulate the ator from New York. out of our schools in every corner of Senator from New Jersey. His amend- Mr. SCHUMER. I thank the Chair. America. ment today is much better than the Mr. President, this morning while we There are still loopholes, significant one I proudly voted against on Wednes- are compromising with the gun lobby, loopholes, that will be left in the law if day night. That one made sure taxes ambulances are rushing to Heritage we do not vote for the Lautenberg were raised, Government bureaucracies High School to save children from an- amendment. We can close them. We were built, and everybody in sight got other shooting. It is profoundly dis- can stand up to the gun lobby. If any- sued. What we are trying to do is not heartening. How much longer are we thing, the actions this morning should have taught us that winking at the raise taxes, not grow Government, and going to embrace the gun lobby instead NRA and then smiling at the American to provide some immunity, therefore of the mothers and fathers of America? people just produces more carnage. some incentives to get people to com- Why are we compromising on such sim- ply with these laws. We call upon this It is not hard, it is not technically ple issues? difficult, and it is not bureaucratic. administration to enforce these laws. It should not have taken us a week to I hope my colleagues, Republican and The law for licensed dealers has worked come to the view that we should close Democrat, will vote for this amend- since 1968. The Brady law has worked the gun show loophole. It never should ment. We are using Senator SCHUMER’s since 1993. It has prevented 250,000 fel- have been opened, and it now should be language. I thank him for that. It ons from buying guns. What are we closed, and it should be closed cleanly works. It clarifies. It ties it up. But if saying now? At a gun show, maybe; the and simply by passing the amendment you try to tighten every loophole you FBI doesn’t need 72 hours to check of the Senator from New Jersey. see, I promise you the effect of your when it fails. We are making progress. At the be- work today will be to create a black What the heck is going on in this ginning of the week, we started way market, an underground, a back alley country? Why do we let the gun lobby apart, and because of the American business, a parking lot exchange. I continue to pry open more loopholes want them to come inside. public, we have come closer and closer for the Klebolds and the Harrises to Because second amendment rights do together. I commend my colleague crawl through? Because those who come with second amendment respon- from Oregon. He has adopted language want to get guns for illicit purposes sibilities, let’s make it easier; let’s not which I believe closes the pawnshop have ways to do it. Even if Lautenberg make it harder. We are doing this in loophole. That is a major step in the should be adopted—and I pray to God this amendment. We are applying in- right direction. that it is—they will have means. But stant check, we are trusting the But, I say to my colleagues, there are let’s at least do our best to close those States, and we are not growing Govern- other loopholes to close, and this very loopholes. ment. We are protecting kids in the morning when there has been another This week has been a week of both schools, we are protecting the second shooting, why are we afraid to close encouragement and discouragement for amendment right to bear arms, we are those as well? the American people. There has been protecting law-abiding citizens, and we There is the new 24-hour loophole encouragement. Because of the efforts are getting after the kooks and the when the instant check system does of the Senator from Oregon and the criminals, the deranged and the dan- not work, when the records are not im- Senator from Arizona, we are closing gerous who haunt our society, to make mediately available, the FBI says they the pawnshop loophole, but it is dis- sure this is not a huge loophole that need 72 hours to check to see if the per- couraging overall, Mr. President. It is will give them access to dangerous son asking for the gun is a felon. We discouraging that it takes us such time weaponry. now make it 24 hours. If a gun show is to close a simple loophole like the gun I encourage my colleagues to vote for held on Saturday, there is no way—no show loophole and not do it cleanly and this amendment and vote against the way—to check. So what we will have is not do it completely. It is discouraging Lautenberg amendment. It is too much felons getting guns at gun shows. We that when we close certain loopholes, and it will drive this issue into the will have children even being able to somehow we feel obligated to open two back alley. buy guns in many different ways. or three more. It is discouraging that Mr. SCHUMER addressed the Chair. The amendment of the Senator from the gun lobby still seems to rule the The PRESIDING OFFICER. Who New Jersey is simple. If we want to do roost, not in America, not in urban, yields time to the Senator from New it, let’s do it. Let’s not do an elaborate suburban, or rural America, but here in York? minuet where we take one step for- this Congress.

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 20, 1999 CONGRESSIONAL RECORD — SENATE S5637 I am going to support the Smith that law-abiding citizens have rights. I People who sell guns at gun shows will amendment because it does close the must tell you, the other side is winking do background checks on those who pawnshop loophole, but I am going to and nodding and saying: Oh, yes, they purchase guns. vote for, and urgently and prayerfully have rights, but we will close all of the I am sorry I sound as if I am stut- urge my colleagues to support, the doors up to that right and see if you tering, but that is what the other side Lautenberg amendment because it does can find the key to get through. demanded, that we say it again. And not open or leave open other loopholes. So we came to the floor a week ago we have said it again. We have not This is a test of the soul of America. and began to strike a balance, recog- changed the law; we just said it again I watched television this morning, and nizing that those constitutional rights for the record. I hope that is enough. I said to myself: What is going on in must stand supreme for the law-abid- We are going after crime control. We America? The American people are ing citizen, because the law-abiding are giving our schools of America the asking themselves not only what is citizen, in owning a gun under that tools of safety. If they had those tools going on in America, they are asking, right, accepts the responsibility of that maybe in Georgia this morning it What is going on in the Senate of the gun. might have worked. United States? Let us show courage. The Senator from New York is right; So I hope we will withstand the vote Let us step up to the plate. Let us be all he wants to do will not stop the on the Lautenberg amendment, vote it strong, let us close the gun show loop- criminal from getting a gun, because it down, and let the Craig-Hatch amend- hole, let us not open new loopholes, never has. It is law enforcement that ment stand with its corrections—— and then let us move to do the other stops the criminal. It is the handcuff The PRESIDING OFFICER. The time things that will prevent children and provision of this bill that says to Janet has expired. criminals from getting guns. Reno: Put your cops on the street and Mr. CRAIG. And serve the law-abid- Mr. President, I reserve the remain- arrest the criminal who uses the gun. ing citizens of America as we search der of my time. Janet Reno, your record of law enforce- out the criminal element. The PRESIDING OFFICER (Mr. ROB- ment is dismal. You have winked and The PRESIDING OFFICER. Who ERTS). The Senator from Vermont. nodded at the law. And now it is time seeks time? Mr. LEAHY. Mr. President, I ask you wide-eyedly move to the streets Mr. LAUTENBERG. Mr. President, I unanimous consent that there be an and arrest the criminal who uses the yield 2 minutes to the Senator from extra 6 minutes per side. gun. Rhode Island. The PRESIDING OFFICER. Is there The PRESIDING OFFICER. The dis- objection? That is what the juvenile crime bill tinguished Senator from Rhode Island Without objection, it is so ordered. says. It says it loudly. It says it very Mr. HATCH. Mr. President, I yield 5 clearly. Let’s not wink and nod at our is recognized for 2 minutes. minutes to the distinguished Senator Constitution. Let’s go at the criminal Mr. REED. Thank you, Mr. Presi- from Idaho. element of our society. Let’s not create dent. The PRESIDING OFFICER. The dis- the kind of provision that the Lauten- I rise in strong support of the Lau- tinguished Senator from Idaho is rec- berg amendment does. It is not 72 tenberg amendment. It would close a ognized for 5 minutes. hours; it is the old 3-day waiting pe- number of serious loopholes that were Mr. CRAIG. Mr. President, this riod. Even that side said, once we get created by the Hatch-Craig amend- morning we stand on the floor of the instant check, that goes away. That is ment. As the Hatch-Craig amendment Senate in the wake of another shooting what the law said. Now they want it stands today, any number of places at a high school in America. My col- back, even though we tried to honor where people could buy large quan- league from New York has just said in our legal citizens by providing an in- tities of guns would not be deemed gun rather plaintive but appropriate terms: stant check system. shows, would not be subject to these What’s wrong in America? That is what the Congress has said types of regulations. The Lautenberg We know there is something des- for a decade: We will fund it. We will amendment closes that loophole. perately wrong. Yes, we struggle with implement it. And we will demand that The Lautenberg amendment would this problem here. I do not question it be used. The law-abiding citizens, allow for 72 hours in certain cir- the sincerity of anyone who comes to the gun owners of America, in gun- cumstances for background checks. the floor today to debate this issue. owning America, say: We agree. There That is absolutely necessary. As the But it is very important for some of us is no argument there. Senator from New York said, on a Sat- to stand and make as clear as we pos- So as the chairman of the Senate Ju- urday, when many of these gun shows sibly can the differences between the diciary Committee worked with his take place, there is no possible way of amendments about which we are talk- committee and here on the floor to doing a 24-hour background check. ing. craft a juvenile crime bill, it is so trag- It would also allow the individual The reason there are an alleged 13 ic that the other side tried to make it who is a weapons dealer to be subject loopholes in the Craig-Hatch amend- a gun control bill only. to liability if they are not following ment is because there are 13 para- Let’s see what we did. We put juve- the law. That is very critical. graphs, and the other side would sug- nile Brady in the bill. We said to vio- All of these provisions together are gest the whole thing is a loophole. lent juveniles: You lose all of your con- in the Lautenberg amendment. That is That is simply not true—it has never stitutional rights when you act vio- an amendment the American people been true—because, as the Senator lently as a juvenile felon. support overwhelmingly, because they from Oregon says, we are attempting We have gone after gangs. want a structure of laws that actually to craft a very fine but important con- The PRESIDING OFFICER. The time protects their children and does not stitutional line between law-abiding allotted to the distinguished Senator simply provide some slick cover for the citizens and their right to own guns un- from Idaho has expired. gun lobby. They want their children fettered by a Federal Government and Mr. CRAIG. I ask my chairman for 1 protected. They want us to do it in a the criminal who will seek and find a more minute. sensible way. They want us to pass gun anywhere he or she wants and, of The PRESIDING OFFICER. The Sen- laws which are not cynical exercises in course, the disaffected youth of Amer- ator is recognized for an additional self-preservation but will actually pro- ica who in some way find it necessary minute. tect the children of America. to express their frustrations or their Mr. CRAIG. We have gone after The Lautenberg amendment will do sicknesses with the use of a firearm. gangs. We have gone after the juvenile this. I strongly support it. Gun control What the other side has not said, but offender. We have built in youth pro- is absolutely essential to the process of what they whisper loudly, is: The sec- tection. We are concerned about gun protecting children, but so many of ond amendment is a loophole. Let’s safety. these incidents we have seen—as just wink and nod at it and then try to This Senate has put in gun laws. The this morning—show that we also need close it up. Senator from Vermont said: OK, if you to take preventative action to ensure I cannot do that. I really do believe don’t believe CRAIG and HATCH, let’s that children, with or without access in our Constitution and I do believe say it one more time for the record: to firearms, do not feel self-destructive

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5638 CONGRESSIONAL RECORD — SENATE May 20, 1999 and destructive of others. That is part If it is only 24 hours, what is going to Mr. LAUTENBERG. I would like to of this overall legislation. In fact, we happen is, yes, the law-abiding citizens give the proponents time. could do much more. Today we are here will be OK; you will clear those out Mr. HATCH. I am happy to do that. to make a clear choice between laws with no trouble at all. But those aren’t We are hearing a lot in the media and that work to protect children and an the people who are the problem. Those on the floor of the Senate demonizing exercise in simply protecting the gun people are getting cleared out in the 24- those who believe in the second amend- lobby. I support the Lautenberg hour instant check, just like that. It is ment, those who strive to protect the amendment. the people who require a little bit more rights of American citizens. The sin- I thank the Senator. work who are the ones we want to deny cere steps taken today to try to find a The PRESIDING OFFICER. Who the opportunity to own a gun. middle ground are slapped aside by seeks time? I urge colleagues, as they come down some. And, quite frankly, I find that to Mr. LAUTENBERG. I yield 5 minutes here, if you really want to try to be discouraging and dispiriting. to the Senator from Nebraska. change the law to increase public safe- I still hold out hope that the Little- The PRESIDING OFFICER. The Sen- ty, my recommendation is to vote for ton shooting can bring out the best in ator from Nebraska is recognized for 5 the amendment offered by the Senator all of us. We have come together on minutes. from Oregon and the Senator from some issues and have before us a bill Mr. KERREY. I thank the chairman, Vermont, but then also vote for the that responds to Littleton and does so Mr. President. amendment which has been offered by in a way which respects the rights of The largest gun dealer in the State of the Senator from New Jersey and my- law-abiding citizens. But to suggest, as Nebraska is Guns Unlimited. The one of our colleagues did yesterday, owner of that operation is a man by self. Ask your own gun dealers why and that in defending the second amend- the name of Tom Nichols. I turned to who and what happens with that addi- ment rights of law-abiding citizens the Tom when this legislation was first in- tional 48 hours. They will tell you. The Senate is ‘‘whistling past the grave- troduced and when the issue of gun answer is, that is when you get the peo- yard of Littleton’’ is contemptible, in control came up because I trust him. I ple who are the biggest problem. That my view. Given what is in this bill al- believe that he understands what is when you create the most public ready, how can anyone in good con- works and what does not work. safety with the Brady bill background As I said on this amendment when I checks. science really say such a thing. first came to the floor, I have sup- I understand that this issue has been If today’s shooting in Atlanta isn’t a ported things that work. If I believe it highly charged and there has been a lot wake-up call to those who want to play is going to make the public safer, I will of heat and rhetoric and hard feelings politics with this bill, I don’t know support it. If I don’t think it will work, on both sides which has occurred as a what is. Americans still believe that gun own- and that all we are doing is sort of a consequence of that. But if you are try- political figleaf, which happens from ing to write a law that will increase ership is a basic right of our people. If time to time on these issues, then I am public safety, that will decrease the any community would change its views not going to support it, because all we number of Americans who are either as a result of the Littleton shooting, it are going to do is add regulatory fric- felons or dangerous or have something would be the residents of Colorado, tion or interference with people who else in their background but own guns, where prior to the shooting 70 percent are law-abiding citizens, and it is just I urge Senators to vote for both of believed firearms ownership was a an irritant; it does not do anything these amendments, which we will have basic right. Has support for gun control other than perhaps make our press re- an opportunity to do, I guess, in about increased in Colorado? No, just the op- leases sound a little bit better. 10 minutes. posite. A recent poll found that 75 per- But I asked Tom about this amend- Again, I thank the Senator from New cent of Coloradans believe gun owner- ment. I have great respect for the Sen- Jersey and others who have taken the ship is a basic right. The people of Col- ator from Oregon and the Senator from leadership on this. I thank, again, Tom orado and elsewhere recognize that this Vermont. I think they have come a Nichols from Guns Unlimited in Ne- is a complex problem and that going on long way in closing the loophole on braska. You put yourself out a little a gun control feeding frenzy is not the pawnshops, which is very important, bit in this kind of situation. He is basi- answer. Those who think otherwise because oftentimes people who are cally saying we need to have a level should take a deep breath, take stock criminals or who have guns that they regulatory playing field. You have 2,000 in what we have accomplished to date have stolen will go to a pawnshop and or 3,000 gun shows a year. The Senators with this bill, and bring this bill to pawn the gun. They need to have a from Oregon and Vermont will allow passage, because this bill can have a background check done. instant checks for those gun shows, but dramatic effect on helping us to resolve There is still a significant weakness we need that other 48 hours in order to some of these problems with teen vio- in this amendment. Again, I urge col- be able to level the playing field be- lence in our society today. leagues to vote for the Smith-Jeffords tween licensed gun dealers and gun We have had a vigorous and lengthy amendment—or is it Jeffords-Smith, shows. That is all we are doing. debate about gun shows and how best whatever it is. I urge them to vote for There is no more money that they to limit criminal access to guns at that and to vote for the Lautenberg- will be paying in, no more regulatory these shows. There have been numer- Kerrey amendment. burden. It merely levels the playing ous unnecessary delays on this matter. Here is the reason why. In the words field so people who buy a gun in a gun Today I hope we can bring closure on of Tom Nichols, the owner of the larg- show and people who buy a gun from a this matter. This is an evolving proc- est gun shop in the State of Nebraska— licensed dealer will have to go through ess. After several days of debate last he sells more handguns and other kinds the same thing. If you want to make week, Republicans took a step to re- of guns than anybody in the State of Americans safe, I urge you to vote for quire background checks at gun shows Nebraska—80 percent of the people who both of these amendments. without substantial cost and without come in to buy a gun in his shop are The PRESIDING OFFICER. Who overregulatory burdens. cleared in 24 hours. The instant check yields time? We all realize our duty to do what is system gets them just like that. These The Senator from Utah. best for our children and to uphold the are the law-abiding citizens. These peo- Mr. HATCH. Mr. President, may I in- Constitution of the United States, in- ple have absolutely nothing in their quire, how much time remains on both cluding the second amendment. We all background at all that would indicate sides? realize that the political benefits of there is any kind of a problem. But, he The PRESIDING OFFICER. The Sen- scoring debating points lasts only for said, the people of greatest concern ator from Utah has 16 minutes, and the the hour, while the real benefits of pro- aren’t those 80 percent. The people of Senator from New Jersey has 9 min- tecting our children last for a lifetime. greatest concern are the ones who take utes. The evolutionary process continues. a longer period of time, require a spe- Mr. HATCH. Is there anybody on The supporters of the Lautenberg cial agent to get into their background their side who cares to speak at this amendment have made changes to to find out what is going on. time, or should I? their proposal to bring it closer to our

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 20, 1999 CONGRESSIONAL RECORD — SENATE S5639 plan, and we are proposing the Smith- amendment which provided that per- the Brady Act stopped 200-some-odd- Jeffords amendment to deal with the sons who wished to engage in the busi- thousand felons from getting guns. pawnshop exemption and to clarify the ness of selling firearms but just at guns There was not one prosecution in 1996, special licensee provision. Our plan, shows must obtain a special Federal li- not one prosecution in 1997, and just however, does not impose substantial cense to do so. Subsequently, however, one prosecution in 1998. disincentives to obey the law. My sense my colleagues on the other side of the If there is a loophole, it is in the fail- and hope is that our efforts will con- aisle complained that the Craig amend- ure of the Attorney General and the tinue to evolve and that we will be able ment was not clear enough in requiring Justice Department to enforce the laws to find common ground, a common special licensees to conduct back- that are already on the books. Yet, you ground that protects the rights of law- ground checks. We have looked at the hear this hue and cry for more gun con- abiding citizens to legally use guns but language and think it is clear. trol laws. But this is only for political punishes criminals who illegally use Nonetheless, to address the concerns purposes because they know that their guns. of our colleagues, I offered a simple own Attorney General will not enforce There is one firearm-related provi- one-page amendment last Friday which these laws. sion on which I hope we can reach bi- made it absolutely clear, beyond any Mr. SMITH of Oregon. Will the Sen- partisan agreement. That is the treat- shadow of a doubt, that special licens- ator yield for a question? ment of pawnshops that have tradition- ees were subject to the background Mr. HATCH. I am happy to yield for ally been exempt from the requirement check provisions of the Gun Control a question. to conduct background checks when Act. Unfortunately, my colleagues on Mr. SMITH of Oregon. I wonder if the they simply return a firearm to its the other side of the aisle rejected this Senator can address this. He is into owner. clarification. Instead of dealing with this issue, but I think we have to an- Contrary to what the distinguished their concern, they wanted to debate swer the question the Senator from Ne- Senator from Nebraska said, if a stolen it, and, boy, have they debated it. braska has raised, Why do you need the gun is pawned, it will be discovered Today the Smith-Jeffords amend- 3 days, 72 hours? when the gun comes into the pawn ment contains the clarification I of- My point really is this. I wonder if shop. State law requires pawn shops to fered last Friday with a bit more expla- this amendment isn’t so regulatory notify state or local law enforcement nation. It states: that it really isn’t trying to end gun agencies concerning the gun. These Except as to the State and local planning shows, and not an attempt to provide state and local agencies then check to and zoning requirements for a licensed prem- the service that we are asking be pro- determine if the gun is stolen. If the ises as provided in subparagraph (D), a spe- vided. If they find that there is a ques- gun is stolen, the police can inves- cial licensee shall be subject to all of the tion, shouldn’t the Justice Depart- tigate and, if necessary, arrest the provisions of this chapter applicable to deal- ment, the FBI, deny the check in 24 ers, including, but not limited to, the per- pawning customer. This all happens be- formance of an instant background check. hours, 1 hour, or whenever it occurs, fore the gun is returned to the cus- The key language of the amendment and then go investigate it? tomer and thus, before a Federal back- states: Mr. HATCH. The Senator really poses ground check would be required. A special licensee shall [not might, but an interesting question. The current The pawn shops protested the 1993 shall] be subject to all [not some, but all] of law requires no background check for Brady law that required them to do a the provisions of this chapter applicable to sales at gun shows between non-li- federal background check in addition dealers, including but not limited to, the censed individuals. For sales by deal- to the state check they were already performance of an instant background check. ers, however, an Instant Check back- doing. Further, they complained about This could not be any clearer. Special ground check is required. If there is a the 3-day waiting period. If a pawn licensees must perform a background question, the FBI gets 3 days to resolve shop had to wait 3 days under the check before selling a firearm at a gun the question. Of course, because a gun orginal Brady law to conduct a federal show. So let’s get rid of the talk about show generally lasts only 3 days, the background check, it could not return loopholes. show will be over by the time the FBI the gun to the customer when the cus- The Smith-Jeffords amendment deals is through checking. tomer repaid the loan. That is why in a bipartisan fashion with the pawn Our bill requires the FBI to resolve Congress amended the Brady law in shop exemption and with the clarifica- any question within 24 hours. This 1994 to exempt pawn shops from the re- tion of the requirement for special li- strikes a balance between the time quirement to do a federal background censees to perform background checks. constraints of a gun show and the time check. There has been a lot of talk about needed by the FBI to resolve any In- The Craig amendment which we loopholes, and the Smith-Jeffords stant Check question. passed last Wednesday simply restored amendment should lay most of that Further, this is an evolving process. the exemption for pawnshops that had talk to rest. But the biggest loophole As technology advances and more been part of the Brady law for 4 years for criminals is the lack of enforce- records are placed on the Instant and had been approved by some notable ment of criminal laws that currently Check database, the FBI will be able to people, even some here on this floor. exist by our Attorney General and this resolve any question in less than 24 Thus, the Craig amendment did not ef- administration. If we in Congress pass hours. fect a major change in law, but a a law prohibiting a criminal trans- Mr. SMITH of Oregon. If the Senator change back to how the Brady law read action, it is the duty of the Attorney will yield for another question. As from 1994 to November 1998 when the General to enforce it. But she has not. chairman of the Judiciary Committee, exemption lapsed as the instant check Our bill includes the CUFF program to don’t you believe that if the Justice system became effective. fund more prosecutions of gun crimes Department needed more resources to As I have stated repeatedly, it is my and orders the Attorney General to re- do this to provide the service, we would goal to find common ground on these port on her progress in prosecuting gun find the ways and means to accommo- issues. Wherever possible, I want to do crimes. By enforcing criminal statutes, date them? what is best for our children and for we can protect our children and our Mr. HATCH. The Senator makes a the public, which is consistent with our schools. If a criminal knows that the good point. As chairman of the Judici- oath as Senators to uphold the Con- statutes we pass will not be enforced, ary Committee, I will work with the stitution. Frankly, I viewed the pawn however, we expose our children to FBI and the ATF to ensure they have shop provision as a technical matter, more crime. the resources to get the job done. We one which should not be politicized. I Let me make a point with these will do everything in our power to find am glad that Senators SMITH and JEF- charts. Is this a record to be proud of the means to solve these problems. FORDS have made a bipartisan proposal in this administration? We are quoting Mr. President, with respect to the to resolve this matter so that both the Executive Office of the U.S. Attor- Attorney General’s prosecution record, sides can get together. neys for these figures. Prosecutions this is not a record to be proud of—this With respect to special licensees, last under the Brady Act background business of prosecutions under Brady. Wednesday the Senate passed the Craig checks: In 1996, zero. They claim that There were zero in 1996, zero in 1997,

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5640 CONGRESSIONAL RECORD — SENATE May 20, 1999 and one in 1998. Yet, they want new ers and sellers have incentives to com- laws, and close it all the way, not just laws. We are not enforcing the laws we ply with the law. part of the way. already have. Mr. President, the current bill with The Smith amendment only goes Is this a record to be proud of? Pros- the Smith-Jeffords amendment will part way. It closes the loophole our Re- ecutions for transfer of handguns or strike the appropriate balance between publican friends opened for pawn shops ammunition to a juvenile: This Justice the legitimate interests of law-abiding last week—but it leaves unchanged the Department, in 1996, had nine prosecu- citizens to own, buy, and sell lawful other serious loopholes that put guns tions. We have had that many shoot- products and the public interest in pre- in the wrong hands at gun shows. ings in the last short while. In 1997, venting criminals from obtaining guns. Our Republican colleagues still five prosecutions. In 1998, six prosecu- The powerful incentives included in our refuse to close another major loophole tions. Why aren’t we enforcing the laws plan will ensure that persons will com- they created last week—the 24 hour that already exist instead of making ply with the mandatory background loophole, which makes a farce out of political points to have a whole bunch check requirement on all sales at every the background checks on gun pur- of other laws that there is a question gun show. The Republican plan also chasers. These background checks have kept whether the Justice Department will gives law-abiding gun owners the peace thousands of guns out of the hands of enforce? of mind that they have not inadvert- Let me go into this one. Is this a ently transferred a firearm to a felon, criminals and others who have no busi- ness owning guns. But the NRA opposes record to be proud of by this adminis- and strongly encourages the Attorney that law, so it wants to undermine it in tration? Prosecutions for possession or General to begin prosecuting the crimi- a way that will protect illegal trans- discharge of a firearm in a school zone. nals who have violated the existing gun actions at gun shows. Think about that. In 1996, four prosecu- laws. Mr. President, this juvenile justice The Lautenberg amendment closes tions; in 1997, five; in 1998, eight. this loophole too. Wouldn’t it be wonderful if we could bill is too important to our country’s Our Republican colleagues still enforce the laws that are already on schools, parents, and children to be refuse to close a third loophole they the books? We would not have nearly held up by endless debates. created last week, which makes it Only this morning, we heard of an- the problems we have today. By the much more difficult for police to trace other shooting in Georgia. So far, way, this business of prosecutions for guns used by criminals. They have set transfer of a handgun or ammunition thank goodness, there have been no re- up a new class of gun dealers called to a juvenile, and others, there are ports of death. ‘‘special registrants,’’ who can sell as We have to stop debating and pass thousands of cases that they know of many guns as they want to anyone this bill. We have had enough delays. and there are only these limited num- they want, without keeping the records ber of prosecutions. We need to protect our students and needed to trace guns used in crimes. Well, Mr. President, the plain fact of our schools now. We in the Senate have The Lautenberg amendment closes the matter is that the revised Lauten- an opportunity to take a major step to- this loophole, too. berg amendment, though improved to ward protecting our children by pass- Since the tragedy in Littleton, par- look more like the Republican pro- ing the juvenile crime bill. Our country ents and children across the country posal, is still not as good as the current needs it. We should do it in a bipar- have lived in fear that their school— bill as amended. tisan way, and we need to do it today. their community—could be next. Now, The revised Lautenberg amendment I reserve the remainder of our time. it has happened in Georgia. On some still fails to provide qualified immu- Mr. LAUTENBERG addressed the days in recent weeks, parents have nity to persons who obey the law and Chair. kept their children away from school act appropriately with firearms, even The PRESIDING OFFICER. The Sen- in an effort to shelter them from vio- after the Senate voted on it yesterday ator from New Jersey is recognized. lence. Mr. LAUTENBERG. Mr. President, I to provide qualified immunity when Families cannot continue to live this yield 3 minutes to the Senator from parents properly use child safety locks. way—in constant fear that their chil- Massachusetts. dren and their school could be the next The revised Lautenberg amendment The PRESIDING OFFICER. The Sen- still fails to provide tax relief to licens- gun battleground. ator from Massachusetts is recognized There is only one way to close the ees and others who perform back- for 3 minutes. ground checks. And the revised Lau- gun show loophole, and that’s to adopt Mr. KENNEDY. Mr. President, the the Lautenberg amendment. tenberg amendment still fails to re- Senate has spent the past week at- lieve gun show organizers of substan- In a few minutes, we will have two tempting to clean up the mess that our important votes. The Senate can act on tial new recordkeeping requirements. Republican colleagues have made over It is very unfair. the urgent needs of the American peo- the gun show loophole. Now, again we ple, or it can continue to play ostrich— Thus, the revised Lautenberg amend- have a chance to do the job correctly, ment is a small step in the right direc- head in the sand, ignoring the national by closing the gun show loophole the crisis of gun violence. tion, and I sincerely appreciate that right way, not the NRA way. step. However, in my view, it fails to It is clear that the overwhelming ma- As they say in the circus, it’s a big jority of the American people want go far enough. job cleaning up after a big elephant, es- The revised Lautenberg amendment Congress to pass responsible gun con- pecially when the National Rifle Asso- trol measures. Eighty-nine percent of will change an unregulated market ciation is the trainer of the elephant. into a very heavily regulated market the people say that it is important for The first two attempts by our Repub- this country to pass stricter gun con- overnight. In fact, by imposing this lican colleagues to close the gun show much regulation, without providing trol laws. loophole were a travesty. They left the Now, we have the opportunity to get any immunity or tax protection, and loophole open, and they created new it right. Gun laws work. The facts without any provision for licensing loopholes while they were doing it. speak for themselves. It is time—long temporary dealers, the revised Lauten- While the Senate dithers, the need past time—for the Senate to act, to say berg amendment will create a black grows greater. Gun violence has struck enough is enough is enough is enough. market in gun trading, because people again at one of the nation’s schools— I thank the Senator from New Jersey will not go to the gun shows, they will this time at a school in a suburb of At- and hope his amendment will be ac- go into the streets and do it. By cre- lanta. cepted. ating a black market in gun trading, Enough is enough. We will decide Mr. LAUTENBERG. I thank the Sen- the revised Lautenberg amendment today whether the United States Sen- ator from Massachusetts. will inevitably promote gun sales ate is serious about closing the gun The PRESIDING OFFICER. The dis- where there are no Federal licenses, no show loophole, or whether we will con- tinguished Senator from New Jersey is records, and no background checks. We tinue to allow young people to have al- recognized. do not need a black market, but we most unlimited access to guns. Mr. LAUTENBERG. Mr. President, I, need a free market with reasonable, The Lautenberg amendment will first of all, want to say to my col- nonburdensome regulations where buy- close this deadly loophole in our gun leagues on the other side—to Senator

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 20, 1999 CONGRESSIONAL RECORD — SENATE S5641 SMITH, to Senator JEFFORDS, to Sen- about guns. Yes. There are things Smith-Jeffords amendment with an ator GREGG, to Senator HATCH—I really wrong in our culture. There certainly overwhelming vote. That is OK, be- do appreciate the fact that they are are. But I look at our culture, and I cause it starts the process. But it trying to arrive at a consensus. I think look at other nations which are well doesn’t complete the process. The proc- what was said in the earlier presen- developed. We have 35,000 Americans ess will be complete when the Lauten- tation was that it is a bipartisan agree- killed each year with firearms com- berg amendment is passed, and I hope ment. I wonder whether parents in pared to 15 in Japan—15 people—30 in we have enough courage in this room Littleton, CO, care whether it is bipar- Great Britain. Just take the murder to stand up and say, ‘‘Yes, I vote for tisan or not, or whether it is a com- side of that—homicides, almost 14,000; the Lautenberg amendment.’’ promise or not. What they want to suicides, 18,000. That happens, I guess, The PRESIDING OFFICER. The time make sure of is that it never happens in other countries. But I am sure it of the distinguished Senator from New again, as it did this morning in Geor- doesn’t happen to the same extent with Jersey has expired. gia. guns. Mr. LAUTENBERG. I thank the It is a pity we are discussing whether When we hear our friends decrying President. or not there is too much regulation, or this extension of time that is needed to Mr. HATCH. Mr. President, how whether or not the law enforcement get your mitts on a gun, why should we much time remains? people are hard at work. I want them slow down the process? Somebody The PRESIDING OFFICER. The dis- to look at the statistics. We will talk wants a gun. They give it to them. tinguished Senator from Utah has 42 about that in just a minute. That is That is what they are saying. seconds. not the issue. The issue is, do you want I will tell you something. If they read Mr. HATCH. Mr. President, I will be to save lives, or do you want to save the law carefully—the Lautenberg very brief. the NRA? Do you want to permit them law—then they would see that the law The fact of the matter is that the to continue to oppose all sensible legis- limiting enforcement to 24 hours for overwhleming majority of instant lation? gun show background checks is only checks can be completed in a matter of There are people sitting here, I am if—72 hours; forgive me—only if there minutes. If the instant check system sure, who have children at home and is some detection in the first minutes approves the purchase, it will do so they don’t want to worry about them that something is wrong. If there is quickly. If the instant check system when they go to school. That is the nothing wrong, you can have a gun in disappoves the purchase, it will do so issue. What are we talking about here? 5 minutes. Is that quick enough? Is a quickly. The problem is the portion Eighty-nine percent of the American day quick enough? I think it is quick that instead of being approved or dis- people say they want the gun loopholes enough for the American people. Ask approved, raise a question. Under the closed—finally shut. What do you those in Littleton and ask them in 24-hour rule, the Justice Department think the percentage might be out of other places how quickly the guns has to work harder to resolve questions Georgia today, or out of Colorado, or ought to be available. for gun show instant checks. This is be- No, Mr. President, we are missing the out of Pearl, MS; or Paducah, KY; or cause the gun show will be over in 3 boat. We are arguing about process Springfield? What do you think the days. If you allow 3 days to resolve while we are exposing more and more percentage of those families are? I will questions for gun show checks, the of our kids to accessibility to guns. It bet you it is 100 percent. questions will not be resolved until We know one thing. It was admitted is not right. The Lautenberg amend- after the gun show is over. It means by the distinguished Senator from ment closes the loopholes once and for private people are going to take their all. Idaho, or at least suggested—not ad- guns to the streets and sell them there. Again, I commend Senators SMITH mitted. He said 40 percent of the people It means a black market. It means and JEFFORDS for closing the pawnshop more problems—more accessibility to who buy guns at gun shows do so with- loophole, but they don’t close all of the those who are unsavory in our society out any identification at all. ‘‘Buyers loopholes. There is still limited liabil- to guns. anonymous.’’ Buy your gun. Don’t tell ity for gun sellers. There are still peo- I can’t imagine why people can’t see anybody who you are. Forty percent, ple who are going to be able to buy this, because it is as clear as the nose by my calculation. It is around 800,000 guns without registering them. They on anybody’s face. The politics of it is guns a year. Maybe I am wrong by are not registering without going more important than seeing the truth. 100,000 or 150,000. Over 5 million hand- through a background check. They are Mr. LEAHY. Mr. President, I ask guns are sold in this country each and not insisting that everybody go unanimous consent that the Senator every year. through a background check, and they from Wisconsin make a unanimous Mr. President, I want us to stand up are not insisting that 24 hours be ex- consent request not related to this to the American people and say we care tended to 72 for normal purchases. more about your kids; we care more I think what we ought to do is say matter. about your family; we care more about once and for all—I hope my colleagues The PRESIDING OFFICER. Is there violence in this country than we do will respond—to the American people, objection? Without objection, it is so about whether or not this one gets enough of the debate about the process. ordered. credit, or whether it looks like we are The process is fair. The distinguished Senator from Wis- imposing an extra burden. We are not talking about increasing consin is recognized. I want to talk about the burdens for taxes. CHANGE OF VOTE just a moment and talk about Federal We are not talking about increasing Mr. KOHL. I thank the Chair. gun prosecutions. The distinguished the bureaucracy. Mr. President, on the rollcall vote on Members on that side will say they are I would like to mention one thing— the McConnell amendment No. 365 to S. down. I would tell you this: Twenty- that even as our friends talk about 254, I voted no. I ask unanimous con- five percent more criminals are sent to more enforcement being the difference, sent that I be recorded as voting in prison for State and Federal weapons the fact is that when we tried to hire favor of the McConnell amendment. offenses than in 1992. That is because 280 new ATF agents, requesting over Changing my vote will not affect the we work more closely with our part- $10 million to hire those people, and final outcome of that vote. ners in State and local law enforce- over 40 new Federal prosecutors as The PRESIDING OFFICER. Is there ment. well, the NRA has never supported objection? Look at the result. Stop looking at backing its tough talk with real money Without objection, it is so ordered. the process. Look at where we want to for State, local and Federal law en- Mr. LEAHY. Mr. President, I hope come out. Overall violence and prop- forcement agencies to investigate, ar- Senators in voting for Smith-Jeffords erty crimes are down by 20 percent. rest and prosecute. They like to talk will realize it is only a baby step to- The murder rate is down 28 percent— about it here. But they don’t want to wards background checks. the lowest level in 30 years. We have pay for it. If they really want to close all 13 accomplished something. Do you know It is time to face up to reality. One is loopholes, they also have to vote for why? Because we are asking questions we are going to probably pass the the Lautenberg amendment.

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5642 CONGRESSIONAL RECORD — SENATE May 20, 1999 The PRESIDING OFFICER. The moment allotted for discussion of the Kerry Lugar Sarbanes amendment pending before the Senate amendment? Kohl Mikulski Schumer Landrieu Moynihan Torricelli is amendment 366, as modified, by the The PRESIDING OFFICER. In ad- Lautenberg Murray Voinovich distinguished Senator from Oregon. dressing the question of the Senator Leahy Reed Warner Mr. CRAIG. I ask for the yeas and from New Jersey, there is no provision Levin Reid Wellstone Lieberman Robb Wyden nays. for comment unless unanimous consent Lincoln Rockefeller The PRESIDING OFFICER. Is there a is requested. NAYS—50 sufficient second? Mr. HATCH. Mr. President, I ask There is a sufficient second. unanimous consent that there be 2 Abraham Frist McConnell The yeas and nays were ordered. Allard Gorton Murkowski minutes equally divided. Ashcroft Gramm Nickles The PRESIDING OFFICER. The The PRESIDING OFFICER. Without Baucus Grams Roberts question is on agreeing to amendment objection, it is so ordered. Bennett Grassley Roth No. 366. Bond Gregg Santorum The Senator from New Jersey. Brownback Hagel The yeas and nays have been ordered. Sessions Mr. LAUTENBERG. I thank the Bunning Hatch Shelby The clerk will call the roll. Burns Helms Chair. Smith (NH) Campbell Hutchinson The assistant legislative clerk called Mr. President, very simply, we have Smith (OR) Cochran Hutchison the roll. Snowe just made a decision to close a couple Collins Inhofe The PRESIDING OFFICER (Mr. of the loopholes that existed before on Coverdell Jeffords Specter Stevens ALLARD). Are there any other Sen- gun show sales, and I commend the Craig Kyl ators in the Chamber desiring to vote? Crapo Lott Thomas Senators who offered the amendment. Domenici Mack Thompson The result was announced— yeas 79, But we are still left with significant Enzi McCain Thurmond nays 21, as follows: numbers of people who do not have to The VICE PRESIDENT. On this vote, [Rollcall Vote No. 133 Leg.] have a background check, and that is the yeas are 50, the nays are 50. The YEAS—79 not the way we want to do it. We want Senate being equally divided, the Vice Abraham Feinstein Mack to close all the loopholes. President votes in the affirmative and Akaka Fitzgerald McCain They have insisted we remove the 72- the amendment is agreed to. Ashcroft Frist McConnell hour window for investigation of back- Baucus Gorton Mikulski The amendment (No. 362) was agreed Bayh Graham Moynihan grounds, and that is only triggered if to. Bennett Grassley Murkowski there is something that discredits the Mr. CRAIG. Mr. President, I move to Biden Gregg Murray individual. Otherwise, it is 24 hours or reconsider the vote. Bingaman Harkin Reed Bond Hatch less. If there is nothing on the person’s Mr. REID. I move to lay that motion Reid Boxer Hollings record, the sale goes through. Robb on the table. Breaux Hutchinson It is hard to imagine why we cannot The VICE PRESIDENT. Without ob- Brownback Hutchison Roberts Bryan Inouye Rockefeller take enough time to investigate the jection, it is so ordered. Bunning Jeffords Roth prospective buyer sufficiently to make (Mr. ALLARD assumed the chair.) Santorum Byrd Johnson sure we are protecting our people. f Chafee Kennedy Sarbanes That is the issue, and I hope our Cleland Kerrey Schumer UNANIMOUS-CONSENT AGREEMENT Collins Kerry Smith (OR) friends on the Republican side who Conrad Kohl Snowe voted with us last time will continue Mr. LOTT. Mr. President, I ask unan- Daschle Kyl Specter to vote with us. We could have won imous consent that the Senate proceed DeWine Landrieu Thurmond this several times if we had support to the supplemental appropriations Dodd Lautenberg Torricelli conference report and there be 3 hours Domenici Leahy Voinovich from the Republican side of the aisle. I Dorgan Levin Warner hope they will demonstrate to the for debate, to be equally divided in the Durbin Lieberman Wellstone American people that there is concern usual form, and that it be in order for Edwards Lincoln Wyden Senator GRAMM to raise a point of Feingold Lugar about limiting access to guns as the citizens of the country want us to do. order against the conference report, NAYS—21 The PRESIDING OFFICER. The Sen- and at that point there be 30 minutes Allard Enzi Nickles ator’s time has expired. equally divided in the usual form on Burns Gramm Sessions the motion to waive. Campbell Grams Shelby The Senator from Utah. Cochran Hagel Smith (NH) Mr. HATCH. Mr. President, we have I further ask that following the con- Coverdell Helms Stevens debated this at length. The Lautenberg clusion or yielding back of time and Craig Inhofe Thomas the disposition of the motion to waive Crapo Lott Thompson amendment creates more loopholes. It will be more expensive. It is going to the Budget Act, if successful, the Sen- The amendment (No. 366), as modi- increase taxes. And it will be more bu- ate proceed to vote on adoption of the fied, was agreed to. reaucratic. conference report. Mr. HATCH. Mr. President, I move to I think it is going to push people into The PRESIDING OFFICER. Is there reconsider the vote. the streets to sell guns on the black objection? Mr. LEAHY. I move to lay that mo- market, which I think undermines ev- Mr. ENZI. Mr. President, reserving tion on the table. erything he is trying to do. the right to object, I wish to amend the The motion to lay on the table was I yield back the remainder of my consent agreement to allow me to offer agreed to. time. a bill immediately following the adop- AMENDMENT NO. 362 The VICE PRESIDENT. The question tion of the conference report regarding The PRESIDING OFFICER. The in on agreeing to amendment No. 362. an across-the-board cut in nondefense question is on agreeing to the Lauten- The yeas and nays have been ordered. discretionary spending to offset the berg amendment. The clerk will call the roll. supplemental appropriations con- The Senator from Vermont is recog- The legislative clerk called the roll. ference report. I understand that the nized. The result was announced—yeas 50, conference committee has been dis- Mr. LEAHY. Mr. President, I ask for nays 50, as follows: banded since the House of Representa- the yeas and nays on the pending tives has voted to adopt the conference [Rollcall Vote No. 134 Leg.] amendment. report. Therefore, I understand that it The PRESIDING OFFICER. Is there a YEAS—50 will require unanimous consent for the sufficient second? Akaka Cleland Feinstein conference report to be amended. Bayh Conrad Fitzgerald There is a sufficient second Biden Daschle Graham Having said that, I now ask unani- The yeas and nays were ordered. Bingaman DeWine Harkin mous consent that following the adop- The PRESIDING OFFICER. The Boxer Dodd Hollings tion of the conference report, I be rec- clerk will call the roll. Breaux Dorgan Inouye ognized to offer a bill that would call Bryan Durbin Johnson Mr. LAUTENBERG. Mr. President, I Byrd Edwards Kennedy for an across-the-board cut in non- ask the Parliamentarian, is there a Chafee Feingold Kerrey defense discretionary funding to offset

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 20, 1999 CONGRESSIONAL RECORD — SENATE S5643 the supplemental appropriations con- Postal Service, USTR, et cetera. The Mr. DORGAN. I want to observe that ference report, and there be 30 minutes Office of the Special Trustee for Amer- the unanimous consent proposal of- for debate on the bill, to be equally di- ican Indians gets $22 million. I don’t fered by the Senator from Wyoming vided, and no amendments or motions see how that can be termed an emer- had not been cleared on our side. We in order. gency coming before us. There is $8 were constrained to object. I also ob- I further ask consent that imme- million dollars for an access road to serve, if we are going to establish an diately following the use or yielding Ellsworth Air Force Base in South Da- order for legislation to be brought to back of time, the Senate proceed to kota. On and on go these little stow- the floor following disposition of the vote on passage of the bill, without any aways. There is a high school, White supplemental, for example, we may intervening action or debate. River High School, which receives want to bring to the floor the proposed Several Senators addressed the $239,000. amendment that died in conference Chair. The point is, Mr. President, we have committee by a 14–14 vote dealing with The PRESIDING OFFICER. The ma- a process that is being perverted, a the agricultural fund. jority leader has the floor. process that is being circumvented. Our point was that there are other Mr. LOTT. Mr. President, I believe Mr. DORGAN. Regular order, Mr. priorities as well. But the unanimous we are proceeding under a reservation President. consent request had not been served on of the right to object. Senator ENZI was The PRESIDING OFFICER. The reg- our side. That is why we were con- explaining his reservation, and he is ular order has been called for. strained to object. asking to be recognized to offer a bill Is there objection to the request of Mr. LOTT. I wonder if other Senators that would call for an across-the-board the majority leader? want me to yield. cut in the appropriations process in Mr. GRAMS. Reserving the right to I yield the floor. order to pay for the additional funding object, I also rise in strong support of f here. Is that the gist of the Senator’s Mr. ENZI—— 1999 EMERGENCY SUPPLEMENTAL reservation of the right to object? The PRESIDING OFFICER. The Sen- APPROPRIATIONS ACT—CON- Mr. ENZI. Yes. There are a few ques- ator has no right to reserve the right FERENCE REPORT tions we want to ask in regard to re- to object when the regular order has serving this. been called for. Is there objection? Mr. LOTT. Mr. President, I submit a Mr. BROWNBACK. Mr. President, Mr. DORGAN addressed the Chair. report of the committee of conference further reserving the right to object, I The PRESIDING OFFICER. Objec- on the bill (H.R. 1141) making emer- want to note my support for what Sen- tion is heard. gency supplemental appropriations for ator ENZI is stating, and that I am con- The majority leader is recognized. the fiscal year ending September 30, cerned that what we have in the under- Mr. LOTT. In light of the objection, I 1999, and for other purposes, and ask lying bill is not paid for and we ought renew my request for time agreements for its immediate consideration. to have appropriate offsets to this sup- on the supplemental conference report, The PRESIDING OFFICER. The plemental. It is an important supple- as stated earlier in my remarks, with clerk will report the conference report. mental bill, but I am reserving the 15 minutes of the Democrats’ time The legislative clerk read as follows: right to object and I am saying that we under Senator DORGAN and 10 minutes The committee on conference on the dis- should pay for this. It should be offset of the Republican time under Senator agreeing votes of the two Houses on the amendment of the Senate to the bill (H.R. with other cuts in nondefense discre- MCCAIN. The PRESIDING OFFICER. Is there 1141), have agreed to recommend and do rec- tionary and domestic spending. ommend to their respective Houses this re- We have a $15 billion supplemental objection? port, signed by a majority of the conferees. appropriations bill. We are asking in Without objection, it is so ordered. The PRESIDING OFFICER. Without the nondefense areas that there be off- Mr. LOTT. Mr. President, what we objection, the Senate will proceed to sets to that. This is not a major thing have now—if I could explain it to the the consideration of the conference re- for us to do. I think it is fully appro- Senate—we have set aside the juvenile port. (The conference report is printed priate that we move forward and have justice bill for now. We are going to do in the House proceedings of the RECORD offsets taking place in this supple- the supplemental appropriations bill. of May 14, 1999.) mental bill. There is important spend- We have a 3-hour time agreement with The PRESIDING OFFICER (Mr. FITZ- ing taking place in the supplemental some specific time set up for individual GERALD). The Senator from Alaska. that I think is appropriate. There is Senators. We also have a waiver of a Mr. STEVENS. Mr. President, is the some for my home State and the dis- point of order, with 30 minutes of time conference report accompanying H.R. aster we had. But let’s pay for it. That equally divided on that. 1141 before the Senate? is why I am reserving the right to ob- So there will be a vote on that point The PRESIDING OFFICER. The Sen- ject. of order and, I presume, the vote on ator is correct. Mr. HUTCHINSON. Mr. President, final passage. At that point, it is our Mr. STEVENS. That conference re- also reserving the right to object, I intention to go back to the juvenile port is not amendable? There are no share Senator ENZI’s concern and mak- justice bill. amendments in disagreement? ing this UC request to introduce a bill I say to the Senators who reserved The PRESIDING OFFICER. That is that would allow us to have offsets. We their right to object, I certainly under- correct. have an appropriations bill, as so often stand why they are doing it. I appre- Mr. STEVENS. Mr. President, I first is the case with these emergency ciate it and I want to support their ef- want to start off by commending the spending bills that come before us, fort. There is no question that more of chairman of the House committee, traveling like a freight train. The this bill should have been offset. I Congressman BILL YOUNG, for his lead- ‘‘freight train’’ has little stowaways know the chairman of the Appropria- ership in the conference on this bill. He hidden all through it. So in the very tions Committee, who is probably in was the chairman of this conference, short period of time that I began to the vicinity, does not agree with that. and through his efforts we have look at some of the little stowaways But I have indicated all along I achieved passage not only by the House hidden on this ‘‘freight train,’’ I found thought there should be more offsets. but we achieved the result of getting a $1.8 million for safety renovations of To Senators ENZI and BROWNBACK, bill out of committee. Chairman YOUNG the O’Neill House Office Building, $1.9 HUTCHINSON, GRAMS, and perhaps SES- and I have worked very closely in the million for the Northeast Multi-Spe- SIONS—and I am not quite sure if Sen- past. He chaired the defense sub- cies Fishery, $250,000 for the L.A. Civic ator MCCAIN is here to raise that con- committee before becoming chairman Center, $1.5 million for the University cern also—I certainly am sympathetic, of the full committee. I look forward to of DC, and $3.76 million for the House but there was objection heard from continuing that partnership during his page dormitory. These may all be good Senator DORGAN. tenure as chairman of the House com- things, but they are certainly not Mr. DORGAN. Will the Senator mittee. going through the right process. yield? We face a difficult task in reconciling There is $100 million for aid to Jor- Mr. LOTT. I will yield to the Sen- the funds needed to respond to hurri- dan; $77 million to the Census Bureau, ator. cane damage in Central America, the

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5644 CONGRESSIONAL RECORD — SENATE May 20, 1999 Federal Emergency Management Agen- cannot get to the regular appropria- of this bill. We have provided addi- cy and agriculture disasters—those tions bills until we conclude the action tional funds in this bill for the Kosovo FEMA disasters are national disasters of the Congress on the supplemental operation and for the victims of the declared by the President—and contin- and emergency matters in the bill be- war there in Kosovo. They are sort of ued military operations in Kosovo, in fore the Senate now. an insurance policy. Bosnia, in Iraq, and in the high state of Again, I know there are objections to We have faced this in the past. We alert in South Korea. this bill; there are objections to the went into Bosnia. We were supposed to This is not an easy period to be process we are following. Many of those be there 9 months and be out by Christ- chairman of this committee. We have objections are brought forward because mas. That is 5 years ago this Christ- what amounts to four major crises we do not have a point of order against mas. We have had to add money every going on at one time. We are trying to legislation on appropriations bills. year, take money from various por- maintain our defense capabilities to That is not my doing. I have sought tions of our appropriations process and preserve our interests worldwide. This to restore that point of order and I con- pay for the cost of Bosnia. is very difficult, apparently, for some tinue to support the concept of that We also have increased the level of Members to understand. It is a difficult point of order. But we have several our activity in the Iraq area. Even dur- process, at best, to handle a supple- matters included in the Senate-passed ing the period of the Kosovo operation, mental and an emergency bill together, version of the bill that were deleted by there continue to be retaliatory strikes but it does take consideration of the the conference. on Iraq because of the their failure to Members of the Senate to understand One of them was a matter that was abide by the cease-fire agreement. which versions in these bills are emer- very close to my heart, and that is the In South Korea, the North Koreans gency and which are just a normal sup- Glacier Bay provision which was of- are continuing to rattle the cage, as far plemental. fered by my colleague, Senator MUR- as we are concerned, and we are on a They have been joined together. The KOWSKI. high level of alert in that area. President has sent us two bills and the What I am saying is there are mat- What I am telling the Senate again is House has passed two bills. They ad- ters before the Senate some people ob- this bill reflects those pressures on our dress the needs and the formal requests ject to. There are matters not in the defense forces. We want those people of the President. The Senate passed bill that people object to, and one of who are defending this country to one bill, the Central American agri- them is that Alaska provision of my know we support them when they are culture bill, in late March, prior to the colleague. Obviously, a conference re- out there in the field representing our Easter recess. At that time, before the port is always a compromise. That is interests. The funds provided in excess recess, I urged that we have a chance why we go to conference. We have dis- of the President’s request are contin- to come to the floor and pass that sup- agreements with what the House has gency emergency appropriations for plemental. We knew there was going to done, the House has disagreements agriculture, for defense, for FEMA and be a second supplemental, but we could with what we have done, and we meet for the refugees. The amounts added by not get the time on the floor and the in conference and try to resolve the the House and the Senate can only be Senate did not act on the separate problems. submitted if the President declares an Kosovo package. This bill, for instance, contains more emergency requirement exists. We are Due to the emergency nature of the money for defense needs than were pro- going to get into that question of the funding for military operations and the posed by the Senate. After we went to emergency requirement here when the availability of the first bill, it was our conference with the House, we con- Senator from Texas raises his point of intention to merge the two bills into a cluded they were right in seeking addi- order. But we worked in conference second single bill in conference, which tional moneys for our defense readi- very hard to assure adequate resources we have done. That is consistent with ness. There is no question it also con- will be available through the remain- rules of the Senate and the House. tains more funding for refugees and for der of this fiscal year to meet the needs These were matters which were emer- agricultural relief than was proposed in the areas we visited, in the Kosovo gency in nature, and we have added by the House. The House has come to- area, and to meet the needs of the mili- them as emergencies. wards the position of the Senate on tary worldwide. Some of our systems Now, as I think Senators are aware, both refugees and agriculture relief. are being taken from the areas I have there are many ideas in how we can ad- Again, I think that is the process of described before—from South Korea, dress other needs in this bill. Supple- compromise that should take place in a even from Bosnia and from Iraq—to mental bills have routinely been conference. This conference report move them into the area of the conduct amended by both the House and the needs to be passed today. The men and of the hostilities in and around Kosovo Senate. Questions have been raised women of the Armed Forces must un- and Serbia. Those funds that are need- about some of the matters in these derstand we support them, regardless ed on a global basis are in this bill. bills—assuming that we have no right of our points of view on the war that is Some of them, as we know, the Presi- to add any amendments to emergency going on in Kosovo. dent did not request. bills. Refugees ousted from their homes We believe we have taken action. Now, this is both a supplemental and and their country by Serbian atrocities Hopefully we will not have to see an- an emergency appropriations bill be- need our help also. I was honored to be other emergency supplemental with re- fore the Senate. I hope Senators will able to go with other Members of the gard to the conduct of the Kosovo oper- keep that in mind. As most of the Sen- Senate to visit Albania. We saw the ation during the period of time we will ators are aware, these matters are camps in Macedonia. We visited with be working on the regular appropria- brought up by individual Members of the President of Macedonia and the tions bills for the year 2000. In effect, the Senate or the House and are con- Prime Minister of Albania. We went to we have reached across and gone in— sidered and adopted by majority vote. I see our forces in Aviano—that is our probably this bill should be able to am not that happy about some of the air base in Italy—and we visited with carry us, at the very least to the end of provisions of this bill but, again, I have the NATO people in Bosnia. this current calendar year. The initial the duty to carry to the Senate floor Many Senators here have also visited requests of the President took us to those amendments that were included the region since that trip I took with the end of the fiscal year on September by action of the conferees. I hope Sen- my colleagues and Members of the 30. ators will keep that in mind as we pro- House. There were 21 of us on the first I am happy to inform the Senate I ceed. trip. All the Senators who went there am told today the President will sign The conferees decided that some of know what needs to be done; there is this bill as soon as it reaches his desk. these matters that are before the Sen- no question in our minds. It is unfortu- He has specifically asked us to com- ate and were presented to us should be nate we cannot take more people over plete our work and pass the bill today. reserved in the fiscal year 2000 bill, there to let them see it, because I I understand he has a trip planned and which the Appropriations Committees think uniformly the people who saw it would be to everyone’s advantage if will start marking up next week. We the troubles over there are supportive we get this bill down to him today and

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 20, 1999 CONGRESSIONAL RECORD — SENATE S5645 have it signed. Therefore, I am pleased agement and Budget, the President fi- as this through and keep funding the we do have the unanimous consent nally gets them sometime in Sep- Department of Defense at the level it which does allow us to vote on this bill. tember of the year before. In January should be funded to assure their safe- I take it that will be sometime around or February, the beginning of the year, ty—not just normal safety—but every 3:20 we will vote on the bill. the President submits his budget which single system we can adopt that will I do earnestly urge every Member of will be made available the following save the lives of the men and women in the Senate to vote for this conference September, following October, going the armed services ought to be ap- report. To not vote for this conference through the September of the next proved. This is what this does. It gives report because of some difference, be- year. them the money they need to carry cause of the process, would send the In other words, what I am saying is through the remainder of this year. wrong message to the young men and this is the process. The money we are This year is going to be a very tough women who represent this country in spending now on a routine basis started year. Any one of those other crises uniform. One of the things that im- through the agencies in the fall of 1997, which are going on in Iraq, in Bosnia, pressed me when I was on the trips, came into the departments in the in South Korea, or other places could both to Bosnia and into the Kosovo spring of 1998, went through the Presi- erupt. I was told yesterday that we area, was if you go into the tents where dent’s process and got to OMB and have people in the uniform of the were presented to us, in terms of a these young people are living when United States in 93 different places process, to have a bill for the year 2000 they are deployed, do you know what throughout the globe now—93 different presented to us and considered in 1999. you find? You find computers. They are places—and any one of those places on the Internet. This appropriations process is a long process. I hope I have not shortened it. could erupt again while this Kosovo Right now, some of them out there conflict is ongoing. will be picking up just the words I am But it is a very long process. In the process of trying to estimate the needs, I do not want to hear anyone tell me saying. We are not back in the period, that we have provided too much like when I served in World War II in things are overlooked, concepts are de- veloped and, particularly in the defense money. We have not provided too much China, when we did not hear from home money. If the money is not needed, I but maybe once or twice a month at field, new involvements of our military erupt. Kosovo is a good example. We can guarantee you that this Secretary the most. We had to really just search of Defense and this Chairman of the to find news of what was going on at had no knowledge we would have that kind of operation, an immense oper- Joint Chiefs is not going to spend it. home and we were starved for news We have given them under this bill an from home. These people are force fed ation now, probably the largest engage- ment we have had, in terms of this enormous amount of discretion to news from home and many times what spend the money. We have not ear- they see are rumors that come across type of crisis, since the Persian Gulf war. Actually, I think before we are marked this money. We have suggested the Internet. We don’t need any more over, it may be more expensive than things in the report that we hope they rumors going out to the men and the Persian Gulf war was to the United will consider, but this is the money to women serving in the Armed Forces States. meet the needs of protecting our men overseas. In this bill is the pay raise. I recognize the comments that are and women in the armed services We are committed that the money is coming, particularly from my side of abroad, and it has to be viewed on that there for the pay raise. We have initi- the aisle, about greater consistency in basis. ated the concept of reforming the re- our appropriations process. I want peo- I urge every Member of the Senate to tirement system, which was one of the ple to look at the record. We have not vote for it and to forget petty dif- gripes we heard last year both in Bos- had an excess of supplementals. We had ferences. nia and Kuwait and Saudi Arabia. an omnibus bill last fall, and most of I am delighted to yield now to my This is a bill the men and women of the comments made on this floor are the armed services are watching. They good friend from West Virginia, a part- about the two omnibus bills that ended ner in this process of trying to get this are going to watch how you vote on up the fiscal year—the one my prede- this bill. And they should. It is not supplemental and emergency bill to cessor, Senator Hatfield, was involved the President. time for petty differences over process with and the one last year with which or committee jurisdiction. This is a The PRESIDING OFFICER. The Sen- I was involved. ator from West Virginia. time to act and give the people in the In both instances, if the Senators Armed Forces the money they need so Mr. BYRD. Mr. President, I thank look carefully, they will find the ap- the distinguished Senator from Alaska, they know they will have the systems propriations process reached a stale- and they will have the protections they the senior Senator, Mr. TED STEVENS, mate, and the stalemate had to be re- the manager of the bill and the chair- need when they go in harm’s way at solved on the leadership level with the the request of the Commander in Chief. man of the Appropriations Committee. President. That was not the two com- He is my longtime friend. I have served I urge we not only vote to pass this mittees that added that money. It was many, many years in the Senate and bill, but Senators listen carefully to a negotiation with the President, in on the Appropriations Committee and this point of order the Senator from both instances, by the leadership of the on various subcommittees of the Ap- Texas will raise, as it is raised against House and Senate, and I commend propriations Committee with Senator specific provisions of this bill. them for it. We had to get out of that STEVENS. Mr. President, there is no question in impasse or we would have had another my mind, as we look at this bill, it is impasse like we had previously when He was fair and he was dedicated to a different bill. When I woke up this there was an attempt to shut down the the positions of the Senate throughout morning, I looked in Roll Call and I Government. the discussions on the supplemental was interested to see the statistics on When this Government is at war, it is appropriations bill when it was in con- supplemental appropriations, 1976 not going to be shut down on my ference with the other body. He stood through 1996. We had no supplementals watch. I want everyone to know that. up for the Senate’s positions, and he in 1995. We had one supplemental in We are not going to shut down the Gov- was remarkably effective. I am proud 1996. I will get that number for 1997. ernment when there is a war going on. to associate myself with him. First of People who are saying we are having We are not even going to suggest it. all, he is a gentleman. His word is his too many supplementals—they are just Anybody who does suggest it better un- bond. His handshake is his bond. I like wrong. We have not had too many derstand he or she will not be here for that. supplementals. We go through a proc- long. The American people will not He is not so partisan that partisan- ess of predicting how much money we stand for that. Their sons and daugh- ship overrides everything else. We are will need. The departments of the Gov- ters are out fighting, and we ought to all partisan here to an extent, but to ernment start the process of sending fight to get them the support they some of us party is not everything, their requests to the President through need. party is not even the top thing. Party their agencies. They come up in the de- I am going to fight—I am going to is important, but there are other partment, they go to the Office of Man- fight as hard as I can —to get bills such things even more important.

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5646 CONGRESSIONAL RECORD — SENATE May 20, 1999 Mr. President, I intend to support erations in Southwest Asia for fiscal ference. I must say that he performed this emergency supplemental con- year 1999. his responsibilities very capably. Dur- ference report accompanying H.R. 1141. In light of the House action in rela- ing the many contentious debates that It is the result of a long and difficult tion to the Kosovo supplemental, and took place, he was always fair and conference with the House of Rep- in hopes of being able to move both the evenhanded and respectful of all mem- resentatives. There are a number of Central American emergency spending bers of the conference, just like our matters in this agreement that I do not bill, H.R. 1141, as well as the emergency own chairman, Senator STEVENS. Yet, support, and there is one provision funding for Kosovo, it was determined at the same time, he displayed the nec- which is not included in the agreement by the joint leadership that the Kosovo essary firmness in order to keep the but which I believe was as deserving as funding should be taken up directly by conference moving toward completion. any emergency contained in the con- the House-Senate conferees on H.R. So, I compliment Chairman BILL ference agreement. 1141. As a consequence, the Senate Ap- YOUNG for his excellent work on this That provision is the Emergency propriations Committee never marked difficult conference. Steel Loan Guarantee Program. Sen- up the funding measure for Kosovo, nor Let me again compliment Senator ators will recall that the Senate sub- did the Senate have an opportunity to STEVENS, but also I compliment the stitute to H.R. 1141 included the debate that measure at all—no oppor- ranking member of the House Appro- amendment that I offered to establish tunity to amend it, no opportunity to priations Committee, Mr. DAVID OBEY, a 2-year $1 billion loan guarantee pro- debate it, no opportunity to vote it up whom one will never find asleep at the gram to assist the more than 10,000 or down. In other words, the first time switch. He is always there. He is al- U.S. steelworkers who have already the Kosovo funding has been before the ways alert, combative enough, to be lost their jobs as a result of a huge in- Senate is today in the form of this con- sure, and loyal to his own body, the flux of cheap and illegally dumped ference agreement on H.R. 1141. House of Representatives, and the steel during 1998, last year. I generally do not support the han- Democrats whom he represented in the This matter had strong support by dling of appropriations matters in a conference. His work is always effec- the Senate conferees during the House- manner that does not allow the Senate tive and very capable. Senate conference. After a thorough to work its will on each of the issues in In closing, let me again say that discussion of the Emergency Steel appropriations bills, but in this in- Chairman STEVENS stoutly defended Loan Guarantee Program, the House stance, I agreed to allow this procedure the Senate position on all of the mat- conferees voted to accept this Senate to be followed because of the impor- ters throughout the conference and provision. Not all of the House con- tance of the matters contained in this also made certain that all Senate con- ferees. All the House Democratic con- particular conference report. ferees were able to express their view ferees and three of the Republican con- This conference agreement contains on each of the issues. ferees voted to accept this provision. appropriations totaling some $15 bil- I hope that the Senate will support However, that vote was subsequently lion, of which $10.9 billion is for the the conference report. As I say, there overturned the next day, and the Emer- support of our men and women in uni- are some things in it I do not like, gency Steel Loan Guarantee Program form in Kosovo and Southwest Asia some things that were left out of it remained a matter of contention until and $1.1 billion is for Kosovo-related that I very much wanted and believe in the very end of the conference. humanitarian assistance. These and believe constitute as much of an In order to expedite the completion amounts represent an increase of $6 bil- emergency as some of the other items of this very important emergency bill, lion—$6 billion—above the President’s that are designated as such in the con- not everything which I support in the request for Kosovo-related appropria- ference report. But I want to support Senate, but I am going to support the tions. The $6 billion in emergency fund- this. I urge all Senators to support it. bill, and because of the need to get it ing above the President’s request con- I yield the floor. to the President as quickly as possible, tains a congressional emergency des- The PRESIDING OFFICER. The Sen- I agreed to drop the Emergency Steel ignation, but will only be available for ator from Arizona. Loan Guarantee Program in return for obligation if the President agrees with Mr. MCCAIN. Mr. President, thank a commitment from the House and that emergency designation, only if the you. Senate congressional leadership that President also requests these funds and Mr. President, I ask unanimous con- this loan guarantee provision would be declares them emergency spending. sent that a statement of mine con- brought up as a freestanding emer- In addition to the $12 billion for our cerning the objectionable provisions gency appropriations bill in the very Kosovo-related expenditures, both in contained in the bill be made part of near future. military and humanitarian assistance, the RECORD following my remarks. Pursuant to that agreement, I hope the pending measure also includes $574 The PRESIDING OFFICER. Without and expect that such an appropriations million in emergency agriculture as- objection, it is so ordered. bill will be brought up in the Senate sistance programs, some $420 million (See Exhibit 1.) prior to the upcoming Memorial Day higher than the administration’s re- Mr. MCCAIN. Mr. President, as a recess. I hope, because it is vitally im- quest. For the victims of Hurricane former Member of Congress once said, portant, that we act expeditiously, this Mitch in Central America and the Car- ‘‘Every disaster is an opportunity.’’ being a real emergency. ibbean, the conference agreement in- This bill proves that statement re- The plight of many of the steel com- cludes $983 million, of which $216 mil- mains true today. panies in this country is serious. The lion is to replenish Department of Jus- Scattered throughout this bill, which Speaker of the House has agreed to per- tice operation and maintenance ac- was supposed to be for emergencies mit a motion to go to conference with- counts which were used to provide im- only, is more than $1.2 billion in non- in 1 week of receiving the Senate- mediate relief to the hurricane vic- emergency, garden-variety, pork-barrel passed bill and has agreed to allow nor- tims. Finally, the agreement contains spending. When the Senate passed this mal appropriations conferees to be ap- $900 million in emergency funding for bill just two months ago, I could find pointed and to permit the resulting FEMA in order to address the needs of only $85 million in low-priority, unnec- conference report to be brought up be- the American people who suffered from essary, or wasteful spending. By the fore the Houses. the recent tornadoes in Kansas, Okla- time the conferees were done with it, Subsequent to Senate adoption of the homa, Texas, and Tennessee. the waste had grown by a factor of 14– substitute on H.R. 1141, the House Ap- Mr. President, as I have stated, this 14 times more pork-barrel spending was propriations Committee marked up a was a very difficult conference that deemed worthy of inclusion in this con- second emergency supplemental appro- consumed many days and late nights to ference bill. priations bill to provide emergency reach agreement. This was the first Mr. President, I have compiled a list funding principally to support the mili- time that the present chairman of the of the numerous add-ons earmarks, and tary operations, refugee relief, and hu- House Appropriations Committee, Mr. special exemptions in this bill. Now, I manitarian assistance relating to the BILL YOUNG of Florida, had an oppor- know that some of these programs may conflict in Kosovo and for military op- tunity to serve as chairman of the con- well prove meritorious, but there is no

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 20, 1999 CONGRESSIONAL RECORD — SENATE S5647 way for us to determine their merit be- too much money. This bill directs that I also want to note with interest the cause the process for doing so has been leftover money be used for restoration apparent prescience of the appropri- circumvented in this bill. of stream banks and maybe repairing ators in including an additional $528 For example, the bill contains $1.5 fire damage in Nebraska. million in unrequested emergency million to purchase water to maintain The media has reported extensively funding, for ‘‘any disaster events which sufficient water levels for fish and on a provision (which was added in con- occur in the remaining months of the wildlife purposes at San Carlos Lake in ference) allowing the Crown Jewel fiscal year.’’ Apparently, the appropri- Arizona, and an earmark of $750,000 for mine project in Washington State to ators have some inkling that bad the Southwest Border anti-drug efforts. deposit mining waste on more than the things are going to happen in the next I know that these are important pro- five acres surrounding the mine than is five months. grams, but are they the most impor- currently permitted. What hasn’t been Mr. President, I hope my colleagues tant programs in my state? The proc- reported is that this language also re- understand that designating spending ess by which these two earmarks were verses for several months any earlier as an ‘‘emergency’’ doesn’t make it added in conference on this bill makes permit denials for any other mining op- free. It still has to be paid for. The fact it impossible to assess the relative erations that were denied based on the is that most of the pork-barrel spend- merit of these programs against all five-acre millsite limit. ing in this bill comes straight out of other priority needs in Arizona and The bill contains language making the Social Security Trust Fund. At a across the nation. permanent the prohibition on new fish- time when the American people are The normal merit-based review proc- ing vessels participating in herring and worried about the fiscal health of So- ess, which requires authorization and mackerel fishing in the Atlantic—a cial Security, worried about whether appropriation, was not followed, and protectionist policy that was slipped in Social Security will be there when they these programs were simply added to last year’s bill and is now, apparently, retire, it defies logic that we are tak- this so-called ‘‘emergency’’ bill. The going to become permanent. ing money out of the Trust Fund for usual ‘‘checks and balances’’ were just The bill contains another provision these projects. The Trust Fund is esti- thrown out the window. that provides a special, lifetime exemp- mated to be bankrupt by the year 2032, Once again, I have to object to in- tion from vessel length limitations for and taking another billion dollars out cluding programs in appropriations a fishing vessel that is currently oper- of it clearly accelerates that fiscal cri- ating in the Gulf of Mexico or along bills that have not been authorized. sis. That is exactly the opposite of the south Atlantic Coast fishing for The Commerce Committee has jurisdic- what we should be doing, which is tak- menhaden—an issue that should be tion over the Corporation for Public ing the Trust Fund off-budget and put- dealt with by the authorizing com- Broadcasting. Yet, without even seek- ting more money into it to ensure ben- mittee, the Commerce Committee. ing, much less obtaining authorization The report directs that three facili- efits will be paid, as promised, to all from the Commerce Committee, the ties be built to house non-returnable Americans who have worked and paid appropriations put $38 million in this criminal aliens in the custody of the into the Social Security system. Mr. President, disasters should not bill for the CPB to buy a new satellite. INS—facilities which are much-need- be opportunities. It seems the Congress I have raised this issue before. There is ed—but then the conferees decided to a good reason for the two-tiered proc- go one step further and direct that one may still be suffering from ‘‘surplus ess that requires an authorization be- facility had to be built in the mid-At- fever,’’ a giddy lack of fiscal discipline fore appropriating any money for a lantic region. because of projected budget surpluses program—to eliminate unnecessary or Last year’s 1999 Transportation ap- into the foreseeable future. Last year, low-priority spending of taxpayer dol- propriations bill earmarked funding for we spent $20 billion of the Social Secu- lars. That process clearly was cir- a feasibility study for commuter rail rity surplus for wasteful spending in cumvented in this bill. service in the Cleveland-Akron-Canton the omnibus appropriations bill. I This bill contains the usual earmarks area, and the conference report ex- voted against the omnibus bill last for specific amounts of money of spe- pands on the use of those funds to year, and I will vote against this bill. cial-interest projects, such as: allow purchase of rights-of-way for a This bill is a betrayal of our responsi- An emergency earmark of $26 million rail project before the feasibility of the bility to spend the taxpayers’ dollars to compensate Dungeness crab fisher- project has even been determined. responsibly and enact laws and policies man, fish processors, fishing crew There are many more low-priority, that reflect the best interests of all members, communities and others neg- wasteful, and unnecessary projects on Americans, rather than the special in- atively affected by restrictions on fish- the 5-page list I have compiled, and is terests of a few. I cannot support a bill ing in Glacier Bay National Park in included in the RECORD. that makes a mockery of the Congress’ Alaska. Most of these add-ons are listed as power of the purse and contributes to Emergency earmarks of $3.7 million ‘‘emergencies’’ in this bill. Do these Americans’ growing lack of faith in for a House page dorm and $1.8 million programs really sound like emer- their Government. for renovations in the O’Neill House Of- gencies to you? Finally, I was very pleased to see the fice Building, which were added in con- A small number are offset by cuts in other Senators come to the floor. We ference. other spending, but that doesn’t make cannot continue this practice of adding $3 million earmarked for water infra- it right to include them in a non- appropriations in conference. We can- structure needs at Grand Isle, Lou- amendable bill that circumvents the not continue to circumvent the author- isiana, again added in conference. appropriate merit-based selection proc- ization process. I identified some 30 in- An emergency infusion of $70 million ess of selecting the highest priority stances in last year’s bill. It will stop, into the livestock assistance program, projects. sooner or later. We promised the Amer- which is redefined to include reindeer. Some of these programs, like the ican people when we regained the ma- Mr. President, I am sure that Santa page dorm, were not even in the bills jority we would not do this kind of Clause is happy today although even he that passed the Senate and House. thing, this kind of money, in this kind would blush not only at the process but They were simply thrown into this bill of unauthorized authorizations that the amount of money that is included in conference, at the last minute, in a circumvent the committee process. in this legislation. bill that cannot be amended or modi- I find it offensive as a committee Then there are the many objection- fied in any way. chairman. Most of all, I find it offen- able provisions that have no direct For the Coast Guard, this bill pre- sive as an American citizen who also monetary effect on the bill, but you sented the opportunity to pick up an- pays his taxes. can be sure there is a financial benefit other $200 million for operating ex- I assure Members and my friends on to someone back home. For example: penses and readiness. This, too, was a the Appropriations Committee, we in- Apparently, last year when we added last-minute add in conference of tend to take additional measures in the millions of dollars to help maple pro- ‘‘emergency’’ funding—again, an issue appropriations process. If appropria- ducers replace taps damaged in ice for the Commerce Committee to con- tions bills come to this floor without storms in the Northeast, we added a bit sider. proper authorization of expenditures of

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5648 CONGRESSIONAL RECORD — SENATE May 20, 1999 money or authorizations that are not Language directing the Department of In- istered length shall not apply to a vessel agreed to by the committee chairmen terior and the Department of Agriculture to used solely in any menhaden fishery which is who are authorizers, there are going to remove restrictions on the number or acre- located in the Gulf of Mexico or along the age of millsites with respect to the Crown Atlantic coast south of the area under the be a lot of problems around here. Jewel Project, Okanogan County, Wash- Last fall, when we added $21 billion authority of the New England Fishery Man- ington for any fiscal year. (Added in Con- agement Council for so long as such vessel is in unnecessary spending, some 30-odd ference) used in such fishery. (Added in Conference) reauthorizations, I said at that time in Language which prohibits the Departments Bill language directing Administrator of a letter to the distinguished chairman of Interior and Agriculture from denying General Services to utilize resources in the and my friend on the Appropriations mining patent applications or plans on the Federal Building Fund to purchase, at fair Committee that I will not stand for it basis of using too much federal land to dis- market value, not to exceed $700,000, the any further. I believe there are a whole pose of millings, or mine waste, based on re- United States Post Office and Federal Court- strictions outlined in the opinion of the So- lot of Senators on both sides of the house Building located on Mill Street in Fer- licitor of the Department of Interior dated gus Falls, Minnesota. (Added in Conference) aisle who are tired of this process. November 7, 1997. The limitation on the So- Report language I say that with all due respect for the licitor’s opinion is extended until September dedication, the difficulties and the ob- 30, 1999. (Added in Conference) A $28,000,000 earmark in FY 99, and a stacles that the chairman of the Appro- Specific bill language providing $239,000 to $35,000,000 earmark in fiscal year 2000 to the priations Committee and other appro- the White River School District #47–1, White Commodity Credit Corporation to carry out River, South Dakota, to be used to repair the Conservation Reserve Program and the priators have as they go through a very Wetlands Reserve Program. (Emergency) difficult process, but it must stop. damage caused by water infiltration at the White River High School. (Unrequested) The conference agreement provides I yield back the remainder of my A $3,760,000 earmark for a House Page Dor- $70,000,000 for the livestock assistance pro- time. mitory. (Added in Conference) gram as proposed by the Senate, and adds EXHIBIT 1 A $1,800,000 earmark for life safety renova- language providing that the definition of OBJECTIONABLE PROVISIONS CONTAINED IN tions to the O’Neill House Office Building. livestock shall include reindeer. (Emer- H.R. 1141, THE EMERGENCY SUPPLEMENTAL (Added in Conference) gency) APPROPRIATIONS AND RESCISSIONS FOR RE- An earmark of $25,000,000 to provide for the $12,612,000 for funds for emergency repairs COVERY FROM NATURAL DISASTERS AND construction and renovation of family hous- associated with disasters in the Pacific FOREIGN ASSISTANCE FOR FISCAL YEAR END- ing units at Fort Buchanan, Puerto Rico. Northwest and for the full cost of emergency ING SEPTEMBER 30, 1999 (Unrequested) replacement of generating equipment at Bill language Bill language, added by the conferees, di- Midway Atoll National Wildlife Refuge. recting that $2,300,000 be made available only (Emergency) Bill language directing that funds made for costs associated with rental of facilities Report language acknowledging the dam- last year for maple producers be made avail- in Calverton, NY, for the TWA 800 wreckage. age caused by Hurricane George to Kansas. able for stream bank restorations. Report (Added in Conference) (Unrequested) language later states that the conferees are $750,000 to expand the Southwest Border Report language urging FEMA to respond aware of a recent fire in Nebraska which High Intensity Drug Trafficking Area for the promptly to the appropriate disaster needs of these funds may be used. (Emergency) state of New Mexico to include Rio Arriba Language directing the Secretary of the the City of Kelso, Washington. (Unrequested) County, Santa Fe County, and San Juan Language where the Conferees support the Interior to provide $26,000,000 to compensate County. (Unrequested) use of the emergency supplemental funds to Dungeness crab fishermen, and U.S. fish Bill language directing $750,000 to be used assist organizations such as the National processors, fishing crew members, commu- for the Southwest Border High Intensity Technology Alliance for on-site computer nities, and others negatively affected by re- Drug Trafficking Area for the state of Ari- network development, hardware and soft- strictions on fishing in Glacier Bay National zona to fund the U.S. Border Patrol anti- ware integration, and to assess the urgent Park, in Alaska. (Emergency) drug assistance to border communities in on-site computer needs of organizations as- A $900,000,000 earmark for ‘‘Disaster Re- Cochise County, AZ. (Added in Conference) lief’’ for tornado-related damage in Okla- sisting refugees. (Unrequested) A $500,000 earmark for the Baltimore- $200,000,000 earmarked for the Coast homa, Kansas, Texas, and Tennessee. This Washington High Intensity Drug Trafficing earmark is a $528,000,000 increase over the Guard’s ‘‘Operating Expenses’’ to address on- Area to support the Cross-Border Initiative. going readiness requirements. (Emergency) Administration’s request and is earmarked (Added in Conference) for ‘‘any disaster events which occur in the Report language detailing partial site and Earmarks $250,000 in previously appro- planning for three facilities, one which shall remaining months of the fiscal year.’’ (Emer- priated funds for the Los Angeles Civic Cen- gency) be located in the mid-Atlantic region, to ter Public Partnership. (Unrequested) house non-returnable criminal aliens being Report language providing FEMA with es- Earmarks $100,000 in previously appro- transferred from the Immigration and Natu- sentially unbridled flexibility to spend priated funds for the Southeast Rio Vista ralization Service (INS). (Unrequested) $230,000,000 in New York, Vermont, New Family YMCA, for the development of a A $1,300,000 earmark, for the cost of the Hampshire, and Maine, to address damage re- child care center in the city of Huntington World Trade Organization Ministerial Meet- sulting from the 1998 Northeast ice storm. Of Park, California. (Unrequested) this amount, there is report language ac- Earmarks $1,000,000 in previously appro- ing to be held in Seattle, WA. (Added in Con- knowledging the damage, and the $66,000,000 priated funds for the Maryland Department ference) for buy-outs, resuting from damage, caused of Housing and Community Development for $1,000,000 earmarked for the management by Hurricane George to Mississippi, and re- work associated with the building of Caritas of lands and resources for the processing of port language strongly urging FEMA to pro- House and for expansion of the St. Ann Adult permits in the Powder River Basin for coal- vide sufficient funds for an estimated Medical Day Care Center. (Added in Con- bed methane activities. (Unrequested) $20,000,000 for buy-out assistance and appro- ference) $1,136,000 earmarked for spruce bark beetle priate compensation for home owners and Bill language permitting the Township of control in Washington State. (Unrequested) businesses in Butler, Cowley, and Sedgwick North Union, Fayette County, Pennsylvania A $1,500,000 earmark to fund the University counties in Kansas resulting from the 1998 to retain any land disposition proceeds or of the District of Columbia. (Added in Con- Halloween flood. (Unrequested) urban renewal grant funds remaining from ference) $1,500,000 to purchase water from the Cen- Industrial Park Number 1 Renewal Project. $6,400,000 earmarked for the Army National tral Arizona project to maintain an appro- (Added in Conference) Guard, in Jackson, Tennessee, for storm re- priate pool of stored water for fish and wild- $2,200,000 earmark from previously appro- lated damage to facilities and family hous- life purposes at the San Carlos Lake in Ari- priated funds to meet sewer infrastructure ing improvements. (Unrequested) zona. (Added in Conference) needs associated with the 2002 Winter Olym- A $1,300,000 earmark of funds appropriated An earmark of an unspecified amount for pic Games in Wasatch County, UT, for both under P.L. 105–276 under the EPA’s Programs Forest Service construction of a new for- water and sewer. (Unrequested) and Management for Project SEARCH water estry research facility at Auburn University, $3,045,000 earmarked for water infrastruc- and wastewater infrastructure needs in the Auburn, Alabama. (Unrequested) ture needs for Grand Isle, Louisiana. (Added State of Idaho. (Unrequested) Language directing that the $1,000,000 pro- in Conference) Report language clarifying that funds ap- vided in FY 99 for construction of the Pike’s The conference report language includes a propriated under P.L. 105–276 under the Peak Summit House in Alaska be paid in a provision which makes permanent the mora- EPA’s Programs and Management for lump sum immediately. (Unrequested) torium on the new entry of factory trawlers Project SEARCH water and wastewater in- Language directing that the $2,000,000 pro- into the Atlantic herring and mackerel fish- frastructure needs for Grand Isle, Louisiana, vided in FY 99 for the Borough of Ketchikan ery until certain actions are taken by the may also be used for drinking water supply to participate in a study of the feasibility appropriate fishery management councils. needs. (Added in Conference) and dynamics of manufacturing veneer prod- (Added in Conference) Report language which authorizes the use ucts in Southeast Alaska be immediately Additional bill language indicating that of funds received pursuant to housing claims paid in a lump sum. (Unrequested) the above-mentioned limitation on reg- for construction of an access road and for

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 20, 1999 CONGRESSIONAL RECORD — SENATE S5649 real property maintenance projects at Ells- The PRESIDING OFFICER. The Sen- ferees included $56.4 million for Title I worth Air Force Base. (Unrequested) ator from California. concentration grants ‘‘to direct the De- The conference agreement includes lan- Mrs. FEINSTEIN. I rise to make a partment of Education to hold harm- guage proposed by the Senate directing a brief statement. statutory reprogramming of $800,000 for pre- less all school districts that received liminary work associated with a transfer of The PRESIDING OFFICER. Who Title I concentration grants in fiscal Federal lands to certain tribes and the State yields time? year 1998.* * *’’ The report goes on to of South Dakota and for cultural resource Mr. BYRD. Mr. President, if I might say, ‘‘Neither the House nor the Senate protection activities. (Unrequested) just confer. bills contained these provisions.’’ The conference agreement includes a pro- How much time does the Senator This provision is very disturbing for vision proposed by the Senate that clarifies from California wish? several reasons. the scope of certain bus and bus facilities Mrs. FEINSTEIN. About 5 minutes. First, it was not included in either projects contained in the Federal Transit Mr. BYRD. Mr. President, I yield 5 the House or Senate bills. Therefore, it Administration’s capital investment grants minutes to the distinguished and very has not been considered by the author- program in fiscal year 1999. The conferees di- able senior Senator from the State of rect that funds provided for the Canton- izing committees of either house. It Akron-Cleveland commuter rail project in California, which is larger than all the has not been considered by the appro- the Department of Transportation and Re- nations of the globe except, how many? priations committees of either house. lated Agencies Appropriations Act for fiscal Mrs. FEINSTEIN. Thank you very There have been no hearings. It has not year 1999 shall be available for the purchase much. gone through the normal deliberative of rights-of-way in addition to conducting a Mr. BYRD. Are there six nations that process under which we hear from ex- major investment study to examine the fea- are larger than California? perts, weigh the pros and cons and cast sibility of establishing commuter rail serv- Mrs. FEINSTEIN. That is correct. votes. Quite frankly, this provision ap- ice. (Unrequested) Mr. BYRD. Six nations that are larg- peared ‘‘in the dark of night.’’ Mr. STEVENS. Mr. President, I am er than California. So the two Cali- Second, the hold harmless provision surprised by some of the items listed in fornia Senators really are here rep- contravenes an important provision of the Senator’s statement. This bill is resenting a State that is larger than the law, known as the census update, a both a supplemental and an emergency all of the nations of the world except requirement in law that the U.S. De- appropriations bill. six. I thank the distinguished Senator partment of Education must allocate A supplemental appropriations bill and I yield the floor. Title I funds based on the newest child that was submitted by the President in Mrs. FEINSTEIN. I thank the distin- poverty figures, figures that are up- March contained a request for $48 mil- guished ranking member. I appreciate dated every two years. Congress adopt- lion to replace the National Public his comments about my State. I also ed the census update requirement in Radio satellite system. It is in this bill compliment both the ranking member 1994 so that Title I funds—which the not as an emergency but as a supple- and the chairman of the committee for law says are to help disadvantaged mental appropriation. When we passed their drive, for their motivation, and children—truly follow the child, that this bill in March, the Senate version for their staying power to get this con- dollars be determined generally by the of this bill contained $18 million for the ference report done. number of children who are eligible. satellite system. That was less than Mr. President, the room was crowded. The holdharmless provision in this bill the President’s request. The President The hours were long. The views were before us, guaranteeing that school dis- made that request because the Public sometimes cantankerous. But both the tricts that got funds in 1998 will get Radio system satellite failed and radio chairman and the ranking member, I funds in 1999, even if their number of programs are currently being sent think, were steadfast in the desire to poor children has declined, violates the through an emergency backup satellite produce a conference report which requirement that funds be allocated that will not be available until around could, in fact, be approved by both bod- based on the most recent child poverty the middle of September, early fall. ies. data available. The provision in this The supplemental funding was re- I also pay tribute to the chairman bill effectively rewards ‘‘incumbents,’’ quested by the President and approved from the House, Mr. YOUNG. I had never despite their number of poor children, by the Senate at the level of $18 mil- seen him preside before. What I ob- despite merit or need. lion. The House insisted on the full $48 served, which I think is well worth not- Third, this provision disregards Title million. It is an item that is not des- ing, was his fairness, his equanimity, I’s eligibility requirements. Title I con- ignated as an emergency. and really his ability to move the proc- centration grants are supposed to be There are a series of other misunder- ess along which, without rankling, can especially targeted to concentrations standings, I think, with regard to this be a very diverse membership. I say the of poor children, under the law. Dis- bill, and I will be happy to discuss same for Mr. OBEY, who really was tricts that have poor children exceed- them with the Senator from Arizona steadfast in pursuing his own views. ing 6,500 or 15% of their total school- later. I don’t disagree with him about I support this report. It contains the aged children are eligible for these legislation on appropriations bills. The $12 billion for Kosovo. I am especially grants, which are in addition to the point of order under the rules that pleased to note that the supplemental ‘‘regular,’’ basic Title I grants. Guaran- were previously in place against legis- contains funding for the documenta- teeing funds to districts, no matter lation on the appropriations bills was tion of war crimes, including rapes what the number or percent of poor destroyed through a maneuver here on that appear to have been committed as children in those districts, spreads lim- the floor of the Senate before my be- part of Serbia’s brutal campaign of eth- ited funds to districts that are not eli- coming chairman. We have had a tough nic cleansing. As the ranking member gible because they do not have con- time trying to get that put back into and the chairman have pointed out, it centrations of poverty. It effectively our system. I will be happy to help re- contains the much-needed disaster as- takes away funds from districts that do store the point of order against legisla- sistance and the $574 million in agricul- have high concentrations of poor chil- tion. tural funding to provide a measure of dren. It overrides the eligibility re- I don’t look with favor on the omni- assistance to very hard-pressed farmers quirements we have set and agreed on bus process that occurred last fall and throughout this great country. in law. occurred once before I became chair- I do want to speak about one small In my state, some school districts man. But clearly, my job is to carry item. As we debate the conference re- could benefit from this ‘‘hold harm- forward the bills as they come out of port on the emergency supplemental less’’ provision because the number of the Senate and out of the House and appropriations bill, I want to express poor children changed; it went below out of the conference by a majority my concerns about the inclusion of a the eligibility threshold of the Title I vote. Under the current circumstances, ‘‘hold harmless’’ provision for what are concentration grants program. Like there is not a point of order in the Sen- called concentration grants authorized most Senators, I do not want any ate on legislation against appropria- by Title I of the Elementary and Sec- school district in my state to lose edu- tions. ondary Education Act. cation funds. Mrs. FEINSTEIN addressed the In chapter 5, on page 91 of the con- But we either have rules or we don’t. Chair. ference report (Report 106–143), the con- We have eligibility criteria or we don’t.

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5650 CONGRESSIONAL RECORD — SENATE May 20, 1999 If the current eligibility rules are I hope my colleagues will join me in lieve that they would support it. At my wrong or are not working, we should ending this practice so that our chil- behest, the conference committee change them in the authorizing proc- dren can get the education Congress in- added managers’ language calling for ess, a review which the Health and tended in creating the Title I program the restoration of this borrowing to the Education Committee is currently un- in the first place. Social Security Trust Fund out of fu- dertaking. We should not set up eligi- I thank the Chair, and I thank the ture general fund surpluses. But the bility rules and then flagrantly ignore ranking member. language is not mandatory, and may them, override them or ‘‘freeze’’ in Mr. GORTON addressed the Chair. well be ignored. We should not use So- place funds to districts that do not The PRESIDING OFFICER. The Sen- cial Security to pay for a war in the meet the requirements. We should not ator from Washington. Balkans. rewrite the rules in the ‘‘dark of night’’ Mr. GORTON. Mr. President, I am For these reasons, and in spite of its outside the normal legislative process. authorized to yield myself 5 minutes many good and important provisions Fourth, this provision violates the off of the time of Senator STEVENS. on other issues, I oppose this supple- principle that funds should follow the Eleven billion dollars in this bill are mental appropriations bill. child. Title I was created for poor, dis- earmarked to pay for the costs of the Mr. President, I suggest the absence advantaged children. That is its funda- war in the Balkans and its con- of a quorum. mental purpose and funding to states is sequences, direct and indirect. That The PRESIDING OFFICER. The determined largely by the number of war was begun in folly and has been clerk will call the roll. poor children, children that all agree conducted since with an almost incred- The legislative assistant proceeded have great educational needs. This ible degree of incompetence. I have op- to call the roll. amendment sends funds to districts posed the war from the beginning and Mrs. HUTCHISON. Mr. President, I merely because they got funds in the will not support it now. ask unanimous consent that the order previous year, not because the districts The conflict was begun because of for the quorum call be rescinded. have needy children and not in propor- Serbia’s refusal to sign an agreement The PRESIDING OFFICER. Without tion to the number of poor children granting autonomy to the people of objection, it is so ordered. they have. Kosovo and protecting its citizens. Mrs. HUTCHISON. Mr. President, I Finally, this provision is very unfair Other demands, including the free right rise to speak in favor of the emergency to states like mine that have a very of NATO troops to travel through any appropriations bill because it is an high growth rate in the number of poor part of Yugoslavia, were impossible for emergency, it is necessary. I have been children. In California, the number of any sovereign nation to agree to. reading all of the press reports about poor children grew by 52 percent from Our goals were worthy. But they the bill and criticisms of the bill be- 1990 to 1995. In Arizona, poor children were not of sufficient importance to cause it is too large or perhaps too grew 38 percent from 1990 to 1995. In vital American interests to warrant much money has been spent on one Georgia, 35 percent. In Nevada, 56 per- the use of our armed forces in combat. area or another. But the fact is, we cent. That is why Congress included a This proposition is perhaps best illus- have emergencies in our country that requirement for a child poverty update. trated by the President’s refusal to use are not covered by the budget. We have This amendment is very unfair to those all of the means necessary to attain his had more emergencies in our agri- children. This amendment takes the goals, choosing to cause death and de- culture area than we ever could have funds away from the poor children for struction to the Serbs, and suffering, foreseen. You can’t pick up the paper which the funds were intended. dislocation, and death to the very peo- that you don’t read about a terrible The PRESIDING OFFICER. The Sen- ple we purport to protect, than to risk tragic tornado, and we are coming into ator’s 5 minutes have expired. American lives in order to succeed. hurricane season. So we are putting Mrs. FEINSTEIN. If I may have 30 This is no way to wage a war. more money into FEMA. We have had seconds to wrap up. But vital American interests have floods in my home State. We must deal Mr. BYRD. I yield an additional been seriously and adversely affected with these as they occur, and clearly minute. Mrs. FEINSTEIN. I thank the distin- by the war itself. We have destabilized on an emergency basis. guished ranking member. Macedonia and Montenegro, and per- A good part of this bill is for agri- Even though it ‘‘freezes in’’ funding haps other nations in the Balkans as culture. We are also helping our neigh- to districts—including some in my well. We have damaged relations with bors in Central America who were rav- state—that got funds last year, even Russia and may have pushed it along aged with a terrible hurricane and tor- though they do not qualify, it makes a the road to reaction. We have put our- nadoes. We are trying to do the things mockery of the basic purpose of the selves on the defensive with respect to we have promised we would do. But Title I program, its eligibility rules China when we should have the high since we started this emergency appro- and the requirement to use recent pov- ground in many of our differences. We priation, we have also had a new emer- erty data. If Congress continues to have fueled anti-American sentiment gency, and that is the situation in override these basic rules of the au- around the world. Kosovo. We are seeing, every day, what thorizing law, we are effectively oper- If we win, we get to occupy Kosovo is happening there. ating with no rules, or at least, con- for a generation and to spend billions Mr. President, it is no secret that I stantly changing rules. Districts will rebuilding it; if we lose, we are humili- have spoken out strongly against the not know whether they are eligible or ated and NATO is weakened. way we got into this Kosovo operation. what they can or cannot count on. This In addition, this war appropriation I have spoken out against going into an is just plain wrong. In my state, even comes to the Senate in a form in which operation when we didn’t have a good though 39 districts would have their it cannot be amended. I, for one, am de- contingency plan. I have spoken out funding ‘‘frozen in’’ by this provision, nied the opportunity to attempt to ear- against so much of our policy in the next year, California will have 166 new mark a modest portion of this money Balkans. I just came back from the school districts that will become eligi- to arm the Kosovo Albanian rebels. It Balkans, just over the weekend, and I ble. If these ‘‘hold harmlesses’’ keep is inconceivable that we should trigger met with our soldiers on the airfield in appearing in the dark of night, these this ethnic cleansing, refuse to inter- Albania, the ones who are going to be eligible districts, with concentrations vene on the ground to defend the supporting our humanitarian effort of poor children, could be deprived of Kosovo Albanians, fail even to attack and, hopefully, be part of our defenses funds to which they are entitled. their persecutors effectively, and top it there, whatever we may do. I went to Because this is a conference report, off by refusing to aid those who wish to Aviano, Italy, and met with the troops under our procedures, I am not allowed fight for their own liberties. who are doing so many of these air op- to offer an amendment to delete this Finally, of course, this entire emer- erations that we are seeing day after provision. gency appropriation comes straight out day after day. And, of course, there is But let me put my colleagues on no- of our Social Security surplus. I am no question that our troops are doing a tice that I find this provision and this not sure that the American people are great job. They don’t make the policy; procedure very objectionable. at all aware of this fact. I cannot be- they just do the mission they are

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 20, 1999 CONGRESSIONAL RECORD — SENATE S5651 given. Nobody can question their sin- we are talking to each other about our hurting, for the people in Central cerity, their great attitude, and their principles, which is our right to do, but America who are hurting, for the peo- commitment to our country. You will at the end of the day, it is most impor- ple in the Balkans who are hurting, to never meet a young man or woman in tant that we have the emergency ap- help promote peace in the Middle East, the military who isn’t there because propriations which would give our kids and to continue to appreciate that we they love our country. who are on the front line and their live in the greatest nation on Earth. So when I think about this supple- commanders everything they need so We need to make sure we keep the se- mental appropriation—and I know I as to know that we are not going to curity and the freedom of our country have spoken against the mission itself, pull the rug out from under them, that on our watch. the way it has come about—and I re- they will have the equipment, they will It is our responsibility to pass this member looking into the eyes of the have the airplanes, they will have the bill and talk about the policy and talk young men and women who are on the helicopters for their own security while about our differences, and our Con- front line, I think, now, can I vote not they are protecting yours and mine. stitution that provided that we do this. to give the money to them to have the So let’s talk policy. Let’s talk about Thank you, Mr. President. I yield the equipment they need to do the training never going into an operation like this floor. they need, to have the incentives that again without a contingency plan. The PRESIDING OFFICER. The Sen- they need to be doing a very tough job Let’s talk about the treasure we have ator from Wisconsin. in a very tough neighborhood? Well, spent in this country to try to solve Who yields time? Mr. BYRD. Mr. President, how much the answer is no, I can’t vote against this problem. And let’s not stop with time does the Senator wish? paying for their security, because they Kosovo, because the money and the Mr. FEINGOLD. Mr. President, I ask are the security for me and my family troops that we have put in harm’s way for 15 minutes. and for every one of us who is lucky cannot be lost for us to put a Band-Aid Mr. BYRD. Mr. President, I yield 15 enough to live in the greatest country on Kosovo. Let’s finish this job now. minutes to the Senator. on Earth. But when we have stopped the atroc- The PRESIDING OFFICER. The Sen- So they have volunteered to give ities and when the Serb troops have ator from Wisconsin is recognized to their lives so that we may live in free- started leaving Kosovo, and when an speak for 15 minutes. dom. Do you think for one minute I international peacekeeping force Mr. FEINGOLD. Mr. President, I would vote not to give them the equip- moves in, let’s take the opportunity, thank the Chair, and I thank the Sen- ment they need to do that job? It let’s seize the moment to do something ator from West Virginia. would be unthinkable. So while we de- bigger than putting a Band-Aid on Mr. President, I rise to offer some bate how we pay for it or who is re- Kosovo. Let’s look at the Balkans and comments on the emergency spending sponsible, in the end, I am going to do what we can to try to help them bill we have before us. Many of us had vote for this bill, because I am going to form areas of government that have to hoped that the almost grotesque expe- support the troops who are in the field. change so that those people will be able rience of last year’s omnibus appro- I am going to continue to argue with to have jobs, start farming their land, priations bill might have shamed Con- the administration that we need to to live in security. That is what I want gress into refraining from the kind of learn the lessons about how this oper- for the Balkans. fiscally irresponsible spending and ca- ation has been handled, and I think we But continuing to say we can amal- tering to special interests that charac- will. I think there is a glimmer of hope gamate the Balkans as if they were terized that legislation. Apparently, it that perhaps Mr. Milosevic has seen America is not going to have a long- was a vain hope. We are back at the that we are going to win and pro- term chance for success, because we same disgraceful work barely seven longing it will only hurt his own peo- don’t understand what they have just months later. ple. So there is a glimmer of hope, and been through in the last 5 years. We Mr. President, few would argue the a glimmer of hope is better than total don’t understand what it would be like need for many of the core provisions of darkness. I think we need to seize on to force people to live next door to the legislation, especially the urgently that glimmer of hope and try to come each other when their mothers have needed humanitarian relief in Central to the first agreement that we must been raped, when their fathers have America, our current military and hu- have from Mr. Milosevic—that he will been brutally murdered, when their manitarian operations in the Balkans, stop the atrocities against the people families have had to flee in terror. and for victims of natural disasters of Kosovo. Let’s start today by supporting our here at home. Regrettably, those le- I just visited with the people of troops. Let’s start today by keeping gitimate provisions are completely Kosovo. I visited with them in Mac- open the glimmer of hope for peace. eclipsed by dozens of others that are at edonia. I visited with them in Albania. And then let’s take one step at a time best highly questionable and at worst Those people have been through more to try to help these people become a grossly irresponsible. than any one of us will ever know or contributing part of Europe so that Mr. President, first and foremost understand. What I want now is the they can do what every one of us wants among this latter group are the bil- atrocities to stop for the ones who are to do; that is, live in peace and free- lions in additional funding for the mili- still there. The ones we met with are in dom, to have jobs, to support our fami- tary that was not requested by the ad- refugee camps. They are not com- lies, and to give our kids a better ministration. fortable, but they are safe. I want to chance than we have. That is what the Mr. President, to say there is a dou- try to help the people who are still in Kosovar Albanians want. It is what the ble standard when it comes to fiscal Kosovo, and the atrocities on them to Serbs want. They are the good people prudence in Congress is to say the stop so that we can then allow the peo- of Serbia—not President Milosevic. ocean is damp. We saw it last year in ple who have fled their country in ter- That is what the Moslems in Bosnia the omnibus appropriations bill, we ror to be able to go back in and rebuild want. That is what the Croats want. It saw it again when this body took up their homes, rebuild their economy, so is what the Albanians want. And they and passed an unfunded military pay that they will be able to have a liveli- should be able to have it. That should and retirement increase even before we hood, so that they will be able to raise be our goal. had passed a budget resolution, we saw their children in their homeland with- I am going to support this bill. I am it still again during the budget resolu- out fear of a despot who would commit not going to say there are not legiti- tion when military spending received a the atrocities that there is no question mate differences about certain parts of special exemption from the tough new in my mind have been committed in it. Sure there are. That is why 100 of us emergency spending rules we adopted, the last 6 months and, indeed, for many are elected independently to represent and sadly, we see it now in this bill. years in this part of the world. the views we have—the views of our As has been noted by others, includ- So, Mr. President, while we are de- States. But we are required to come to- ing my distinguished colleague from bating policy, while we are debating gether. I hope the Senate will do the the other House, Wisconsin Represent- from where the money is going to come right thing and come together to do ative DAVID OBEY, what we are prob- all of which is legitimate debate, while what is right for the farmers who are ably witnessing is an effort to load as

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5652 CONGRESSIONAL RECORD — SENATE May 20, 1999 much military spending into this bill gram, though I would certainly want to Of course, this is just one example, under the pretext of an emergency in know something more about it before one of dozens of extraneous provisions order to make room for special interest endorsing still another new democracy that have been slipped into this emer- military spending provisions in the De- building effort. But, Mr. President, this gency supplemental bill. I am not talk- fense appropriations bill later this proposal has not gone through the nor- ing about a lot of different bills; it is summer. mal legislative process. It has not been just what is going on in this bill. Mr. President, put simply, this emer- held up to the scrutiny of a public re- As others have noted, these unrelated gency supplemental measure uses So- view by the appropriate committees. riders have become business as usual. cial Security Trust Fund revenues to Mr. President, if one were asked This is especially true with respect to help lard up an already corpulent de- where the new Russian Leadership Pro- antienvironmental policy. This is not fense budget. gram were to be housed, one might rea- the first time I have expressed con- Almost as troubling as this reckless sonably guess somewhere in the State cerns regarding legislative riders in ap- use of Social Security revenues to pay Department, perhaps in USAID. Those propriations legislation that would for the military budget is that this a bit more familiar with the array of have a negative impact on our Nation’s technique isn’t an exception. It has be- duplicate programs we have might environment. I am sorry to say with come the custom. stroke their chin wisely and suggest respect to one of these policies, the de- Mr. President, our budget caps have that it would probably be included in laying of the implementation of new become a sham. We agree to those the National Endowment for Democ- mining regulations, this is not even the tough caps with great acclaim and fan- racy, a quasi-governmental agency first time such a rider has been in- fare, only to circumvent them casually that many of us believe duplicates serted into an appropriations bill. on a regular basis with the emergency services provided elsewhere in govern- The merits of this policy, this very provisions of our budget rules. ment. important policy relating to mining, Mr. President, as much as I oppose But, Mr. President, if you guessed should be debated at length on another raising the budget caps, it would be far the State Department, or NED, you occasion. I do want to note that the better if Congress and the White House would be wrong. For the next year, this rules that safeguard our public lands were to raise those caps in an honest new Russian Leadership Program is to with respect to mining badly need up- and open manner, than to continue the be housed in the Library of Congress. dating, if only to keep pace with the pretense that the caps have meaning The Library of Congress, Mr. Presi- changing mining technology. One such only to circumvent them through the dent. technique, the use of sulfuric acid min- Mr. President, as some may know, we abuse—I say ‘‘abuse’’—of the emer- ing, caused grave concern 2 years ago already have numerous educational gency funding designation. in my own State when it was appro- Mr. President, while the doubling of and other exchange programs with priated for use in private lands in the the military budget request is cer- Russia. Agencies and Departments neighboring Upper Peninsula of Michi- which have received funding from the tainly the dominant flaw in this bill, gan. Congress for exchange programs with there are other provisions that deserve Regulations also need to take into Russia include, but are not limited to: notice as well. They represent what is account other land uses that would be the Departments of Commerce, De- most unseemly about the emergency displaced by mining, and they need to fense, Education, Justice, State, and appropriations process—special inter- do more to require meaningful cleanup. Treasury; the Agency for International est provisions that relate to no true Currently, there is no requirement to Development, the Environmental Pro- emergency, but avoid the scrutiny of restore mine lands to premining condi- tection Agency, the Federal Emer- the normal legislative process and in- tions. This leaves taxpayers holding gency Management Agency, the Fed- the bag for the mining industry’s mis- stead capitalize on human suffering or eral Trade Commission, the Marine takes. an international crisis, finding their Mammal Commission, the National Obviously, this kind of a change re- way onto what we have come to call Aeronautics and Space Commission, quires a full, careful, and open debate. must-pass bills. the National Endowment for the Arts, It just can’t get the kind of attention Mr. President, let me note that it the National Endowment for Democ- it needs when it is quietly slipped into may be that some of these extraneous racy, the National Science Foundation, an emergency supplemental appropria- provisions have merit. But they should the Nuclear Regulatory Commission, tions bill that we are only going to de- be subject to the same fiscal scrutiny and the Peace Corps. bate for 3 hours. Of course, that is pre- we ask of any proposal. They should be Mr. President, I appreciate the tre- cisely the reason the advocates of the paid for. The standing committees mendous impact that educational cul- rider have done it this way. They see should review and authorize these pro- tural exchanges have had on our rela- their opportunity. They don’t want a posals, and the Appropriations Com- tionship with Russia. I have to wonder full and careful and open debate—spe- mittee should propose a level of fund- if we really need to create still another cial interests that push this policy ing for each of them that makes sense exchange program. Even if we deter- know it will do them best and they will in the context of the overall budget. mine that the program has great merit, get it done best behind closed doors, Mr. President, by circumventing this I think serious questions can be raised away from the light of open debate. process, the advocates of these provi- about whether this ought to be admin- In this connection, I think my col- sions reveal their distrust of Congress istered by the Library of Congress. leagues should be aware that the PACs and possibly their own apprehension It doesn’t end there. According to the associated with the members of the Na- that their provisions may not be able authorizing language in this legisla- tional Mining Association and other to gain passage on their merits. tion, the Librarian of Congress is given mining-related PACs contributed more One such provision is the so-called authority to waive any competitive than $29 million to congressional cam- Russian Leadership Program, a new bidding when entering into contracts paigns from January 1993 to December program, Mr. President, newly author- to carry out this program. In other 1998. Mining soft money contributions ized by this legislation which also pro- words, this program is effectively totaled $10.6 million during the same 6- vides it with $10 million in funding. I shielded from any expertise or effi- year period. Mr. President, that is understand the program is intended to ciencies that might be brought to bear nearly $40 million in campaign con- enable emerging political leaders of by existing firms or nongovernmental tributions in recent years from an in- Russia to live here in the United States agencies with experience in this area. dustry that stands to benefit from this for a while to gain firsthand exposure There we have it: In this bill, a rider that has been stuffed in this bill to our country, our free market sys- brand-new program that has com- which we are only going to debate for tem, our democratic institutions, and pletely avoided the review of the ap- 3 hours. other aspects of our government and propriate standing committees estab- And so it is with too many of these day-to-day lives. lished in an agency, that is wholly in- provisions. Mr. President, offhand, that doesn’t appropriate, with virtually no restric- It should come as no surprise that a sound like it is necessarily a bad idea. tions on its administration. This is a process characterized by secret nego- I might be able to support such a pro- heck of a way to legislate. tiations and backroom deals should be

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 20, 1999 CONGRESSIONAL RECORD — SENATE S5653 dominated by special interests and There were about 100 million taxpayers I will, later today, raise a budget produce such questionable policy. in 1980. So the average taxpayer was point of order against this appropria- These interests have succeeded in pre- paying about 50 cents. The average ap- tion bill. Why do I object to this appro- senting Congress with a take-it-or- propriation amendment was costing priation? First of all, you cannot spend leave-it deal, and they are betting we about $50 million; there were 100 mil- $14 billion beyond the spending caps in will acquiesce for fear of delaying the lion taxpayers; so each taxpayer was actual cash outlays, without doing a true emergency assistance that I and having a cost imposed on them of lot of things that almost everybody is everyone else have said is truly ur- about 50 cents. going to be in favor of. But here is the gently needed. As best I could figure, the average basic problem. We set out, in 1990, in a Of course, I realize this measure is beneficiary was getting about $700. budget agreement, a little loophole. I likely to pass. I hope it does not. But I Members don’t have to have a degree would have to say I was worried about cannot endorse this package or the in mathematics or any fundamental it when it happened. But the loophole process that brought it to the floor by understanding of economics to under- was allowing the President and Con- voting for it. I ask my colleagues to stand that if you have 100 million peo- gress to get together and declare emer- consider calling the bluff of the inter- ple all losing 50 cents each, and then gency spending, to designate spending ests that have succeeded in loading you have beneficiaries who are getting, as an emergency and therefore get this bill up with extraneous matters on average, $700 each, it doesn’t take a around the binding constraints on that could never command a majority lot of imagination to understand why spending that we had written into the in Congress on their own. in 1980 we were losing on every spend- budget. That provision went into effect If we can defeat this measure and in- ing amendment. The reason being, the in 1990. And in 1991 we declared $900 sist on a clean, true emergency bill, we average taxpayer could benefit only by million of emergency spending. But in just might be able to shame those who 50 cents if the amendment were de- 1992, with the Presidential election, have participated in crafting it and feated. That wasn’t enough to activate with the election of Bill Clinton, and maybe even prevent this kind of abuse them to write a letter in opposition. with the fundamental change that oc- in the future. The average beneficiary was getting curred since then, here is what has I yield the floor. about $700, as best I could figure, on happened to spending that we have an- Mr. GRAMM. Mr. President, I ask these votes on amendments. For $700 nually designated as an emergency, unanimous consent for 20 minutes to they were willing to do quite a bit, es- and therefore outside the budget caps, speak against this bill. pecially through groups that rep- and outside any binding constraint Mr. DOMENICI. I will not object. resented them where they would have that we all solemnly voted for as part Mr. President, Senator STEVENS has thousands of members, sometimes tens of the budget process. In fact, the left the floor and I am here in his of thousands of members, who were spending levels that I will be trying to stead. Please enlighten the Senate as getting $700 each. defend today with my point of order to the time situation pursuant to the So it very quickly became evident to were adopted 98 to 2 on June 27 of 1997. unanimous consent request. me that we were fighting a losing bat- Only two Members of the Senate voted The PRESIDING OFFICER. Senator tle on spending. That ultimately gave against making the commitment to STEVENS has 39 minutes, Senator BYRD rise to our efforts to try to elevate this hold the line on spending. I am today has 42 minutes, and Senator DORGAN to a national issue where, rather than going to be offering a point of order to has 15 minutes. voting on all these little amendments try to hold the line on that commit- Mr. GRAMM. Mr. President, I ask for that cost taxpayers 50 cents each, we ment we made. 20 minutes. could turn it into a big issue where we But here is what happened. Begin- Mr. DOMENICI. I have no objection. were talking fundamentally about the ning in 1991 we had $900 million des- The PRESIDING OFFICER. The Sen- future of America, which is what budg- ignated as an emergency in a govern- ator from Texas. ets are about. And, in fact, in 1981 when ment that was spending, in 1991, maybe Mr. GRAMM. Mr. President, obvi- Ronald Reagan became President, we $1.2 trillion. It was not very much ously appropriating money is a very were able to adopt a budget that dra- money by comparison. In 1992, we de- difficult task. I had the privilege for 7 matically reduced the growth in gov- clared $8.3 billion of spending to be years to serve on the Appropriations ernment spending, that reformed enti- such an emergency that it did not even Committee. During that time I had the tlements, and that cut taxes across- count as part of the budget process; great privilege of serving as chairman the-board by 25 percent. And I would that it was exempt from the cap. By of Commerce, State, Justice Appro- argue, probably more than anything 1994 that number had grown to $12.2 bil- priations. Probably more than most else, that and Ronald Reagan’s opposi- lion that, in 1994, we designated as an Members of the Senate who don’t cur- tion to regulations and the rolling emergency. rently serve on Appropriations, I think back of burdensome regulations, and Because of our action at the end of I have some understanding of the dif- the monetary policy of the Fed, ex- last year in passing a $21 billion emer- ficulty our colleagues have in appro- plained why we are in the happy condi- gency funding bill, we have already priating money. Let me also say that tion we are in today with the current violated the budget for fiscal year 1999 the funding issues are the most impor- state of the economy. above the level that we committed to tant and the most difficult issues we But what I discovered in 1981 was the on June 27 of 1997. We have already vio- debate. only way you can win on these issues is lated that budget by $15 billion in I will share with my colleagues and when you are debating the big issue in- budget authority, which is the portion anybody who might be following the stead of the individual spending pro- of the $21 billion that the President has debate an experience I had in 1980. I gram. The budget has become our way already released by concurring in the was a second-year Member of the House of trying to rein in spending. One of emergency designation. If we adopt and I had been an economist prior to the vehicles we have in that budget this bill unchanged, as it is written and coming to Congress. I kept noticing process is spending caps, where we de- now is before the Senate, we will de- that on the issues that really bate how much money we are going to clare another $14.8 billion in budget au- mattered—the spending issues on spend on discretionary programs and thority as emergency, which will mean amendments—we were consistently los- we set it in law and then we judge that in 1999 alone, we will bust the ing on virtually every one of those spending based on that number that we spending cap by $29.8 billion, all of votes. I ran sort of a running total for have in fact set into law. In order to which will be designated as an emer- about 6 months on those votes. try to beef up our strength to try to gency, and all of which will be exempt Here is what I concluded, as best I hold the line on spending, we estab- from our budgetary process. can remember. The average vote on lished budget points of order. In order First of all, isn’t it amazing that we spending that really mattered cost to try to enforce them we established have seen the level of emergency about $50 million. These were little supermajority budget points of order, spending grow in 1991 from $0.9 billion, add-on amendments that were voted on with 60 votes required in order to vio- to $29.8 billion? What this really shows in 1980 in the House of Representatives. late the budget. is we have lost control of the budget

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5654 CONGRESSIONAL RECORD — SENATE May 20, 1999 process. This loophole is literally de- Why it matters is that every penny of gency designation to allow us to spend stroying our ability to control spend- that money is coming out of Social Se- beyond the budget. ing. curity. We do not have a surplus today A decision was made by the Appro- What are these items that are de- except for the fact that Social Security priations Committee not to do that. clared as emergencies, items that were is collecting more money than it is They could have done it. The level of so critical that we had to pass an emer- paying out. In fact, Social Security is reductions in other programs would gency supplemental appropriation in collecting $127 billion this year more have been minuscule. But the basic re- order to fund them? Let me just give than it will spend. We have already sponse from the Appropriations Com- you some of the ones from last year spent $16 billion of that on something mittee, with all due respect, has been: that have already busted the budget by other than Social Security. We are get- We are not going to pay for these pro- $15 billion. Then I will give you a few ting ready to spend another $14.8 bil- grams, we are not going to offset them from this year. Army research into lion from this bill on something other and, basically, if you don’t like it, do caffeinated chewing gum; the National than Social Security. something about it. Center for Complementary and Alter- The point is, if we had not passed the That has basically been the message, native Medicine; grasshopper research; emergency supplemental bill last year, and people have been up front and hon- manure handling and disposal; onion which ended up taking $17 billion away est about it. The only thing I know to research—those are the kind of items from Social Security in this year, we do about it is to oppose the bill and to that were included in the emergency would have had in this year the first use the budget which we adopted and of measure that we passed last year that time ever in American history where which I am proud—it is the best budget has caused us to violate this year’s we actually had a Social Security sur- that has been written since I have been budget already by $15 billion. plus available to either lock up in a in Congress or certainly the best budg- Let me go over some of the items lockbox so it could not be spent or use et since the Reagan budget. that make up this supplemental appro- it to save Social Security. The problem is, I do not see any will- priation bill. ‘‘National Public Radio, We do not have that ability now be- ingness on the part of our colleagues to $48 million to purchase satellite capac- cause of the emergency bill we passed enforce the budget. It is as if somehow ity; $1.3 million for the World Trade last year, and now we are passing an- writing a good budget was enough. Organization ministerial meeting in other bill that will take $14.8 billion. Every day I read in the paper, often Seattle.’’ Would anybody have us be- The point I am making is this: We from members of the Appropriations lieve that we planned that meeting and cannot have it both ways. We cannot Committee, that they do not have any we suddenly discovered, after years of say we want to lock this money up for intention of living within these num- planning, that we had to pay for it? Social Security and spend it at the bers. Would anybody believe that this should same time. You can say you want to Some people are saying: OK, let this suddenly be contained in an emergency spend it and that this spending is crit- $14.8 billion go and then the next time bill? No. But what they would believe ical and that it is absolutely essential we will resist. If you are going to resist is we always knew we had to pay for it we fill up these lakes and build these this never-ending spending spree and but we did not put it in the budget, dormitories and that we fund repara- this plundering of the Social Security knowing we would put it in an emer- tion payments to Japanese South trust fund, you have to begin to resist. gency bill and therefore we could get Americans from World War II, that we We are averaging over $10 billion a around spending constraints. repair high schools, which I never knew year of spending we are not even count- ‘‘Filling up San Carlos Lake; the pur- was a function of the Federal Govern- ing as part of the budget, and I believe chase of a post office and a Federal ment. that has to end. court house in Minnesota; moderniza- You can say those are emergencies I am going to make a point of order tion at Washington International Air- and they are important enough that we which simply makes the point that port.’’ Modernizing an airport is God’s are willing to plunder Social Security under the budget we wrote earlier this work, but does it belong in an emer- in order to fund them. That is a legiti- year, any Member of the Senate can gency bill? Don’t we fund that out of a mate position. It is not one with which raise a budget point of order identi- trust fund? What is it doing in an I agree, but it is a legitimate position. fying emergency designations in non- emergency supplemental bill? ‘‘Ren- What you cannot do is say we are going defense areas that are not offset, and ovating the U.S. House page dor- to lock this money away from Social that in order to overcome that point of mitory?’’ I do not doubt that is meri- Security or we are going to use it to order, those who want to spend that torious. If I did a survey among the save Social Security and then turn money, those who want to take that pages they might think it is a wonder- around and spend it. It is not legiti- money out of Social Security, will have ful idea. But is suddenly the world mate to do both. What we are trying to to get 60 votes to waive that point of going to come to an end if we did it in do in this Congress is say we want to order. this year’s regular appropriation? My save the money for Social Security and I do not deceive myself into thinking guess is we will not spend a penny of it we are trying to spend it at the same we are going to get enough votes to until this year’s appropriation bill is time. sustain this point of order. I realize enacted anyway, so why is it in this I do not hold myself out as being how the system works. But I think it is emergency appropriation? It’s in this more righteous than anybody else, but important that we begin to raise ques- emergency appropriation so we do not that is turning a little more sharply tions about what is going on in the have to count it toward the spending than I can turn. I still remember the Senate. I do not know how we are caps next year. ‘‘$1.5 million for the press conferences where we stood up going to save Social Security if we University of the District of Colum- and said we want to lock this money keep spending the Social Security sur- bia.’’ Then there is funding for the ma- away. Here we are today spending it. plus, nor do I see how we are ever going jority whip’s office—that is in the What am I trying to do in my point to give tax relief if we—— House let me make clear—and the of order and what will it do? First of The PRESIDING OFFICER. The Sen- House minority leader’s office, $333,000 all, there is not a point of order under ator’s 20 minutes have expired. each. Why isn’t that in the appropria- the budget resolution against defense Mr. GRAMM. I ask unanimous con- tion bill for the legislative branch of spending. There is a point of order sent that I may take 71⁄2 minutes off Government? Why are we not funding against nondefense spending. The trag- my 15 minutes on the point of order I that through the normal budget proc- edy of this bill is that we could have will raise and use that 71⁄2 minutes ess? The answer again is we put these offset all the nondefense spending in now. things in emergency funding measures this bill. There was a point at which, The PRESIDING OFFICER. Without in order, basically, to take them out of before we started piling on more and objection, it is so ordered. the process. more spending, we could have, with Mr. STEVENS. Mr. President, if the Why does it matter? Why does it $441 million, offset all of the non- Senator will yield, I have great prob- matter that we are getting ready to defense spending in this bill, in which lems now. I understand the Senator bust our spending caps by $29.8 billion? case we would not have had an emer- wants to vote on this point of order,

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 20, 1999 CONGRESSIONAL RECORD — SENATE S5655 and there are 30 minutes on that. We are 29 nondefense emergency designa- have a decision at that point as to then have time left for the debate on tions in this bill that are in violation whether they really want these pro- the bill itself. This vote then, I take it, and that are subject to a point of order, grams if they have to fund them. My will occur sometime around 25 after 2, and I raise the point of order against guess is for many of them, they will the way I look at it. I put the Senate each of these 29 designations. not. My guess is, if you have to fund on notice that I am going to ask that The PRESIDING OFFICER. The Sen- these programs, you will decide you do the Senate stand in recess or stand off ator from New Mexico. not really want them all. this bill from the hour of 3:30 p.m. until Mr. DOMENICI. Mr. President, pursu- Why have I made this point of order? 4:15 p.m. I have not done it yet, but I ant to section 206 of H. Con. Res. 68 and And why is it important? Why it is im- want everyone to know we have to go section 904 of the Congressional Budget portant is that our budget is so dif- off this bill. Our committee cannot be Act, I move to waive all points of order ferent from real budgets in the real on the floor during that period of time against this conference report. world. Every time we want to bust our because of a very important meeting The PRESIDING OFFICER. There budget, we say we have an emergency. the committee has that we cannot can- are 30 minutes equally divided. But American families have emer- cel. Mr. GRAMM addressed the Chair. gencies every day. They are not able to Mr. GRAMM. Will the Senator yield? The PRESIDING OFFICER. The Sen- bust their budgets. What we basically Mr. STEVENS. Yes. ator from Texas. do here would be equivalent to a fam- Mr. GRAMM. I will be very happy to Mr. GRAMM. Mr. President, let me ily—they have written out their budg- have this vote on waiving the point of be sure to clarify: There are 29 provi- et, and they decide to buy a new refrig- order at any point that will conven- sions in the bill that are subject to a erator this year or they are going to go ience the Senator. There is nothing point of order because they are not on vacation this year or they are going magic about doing it now. I had funded. to buy a new car this year; and Johnny falls down the steps, breaks his arm. thought at the end of this 71⁄2 minutes Let me explain to my colleagues The way the Government does it, that I would raise the point of order, what this point of order does and what they say: Well, that is an emergency, we could go ahead and have this vote it does not do. so we are going to waive our budget. and dispose of it, and therefore there This point of order does not kill the We just won’t have to count that as will be no trouble being off the bill or emergency supplemental appropria- part of what we are spending. But that potentially finishing the bill before the tions bill. This point of order does not is not the way families work. Families meeting. If the Senator wants to delay strike any funding measure in the have to sit back down around their it, I will be happy to do that. The time emergency supplemental appropria- tions bill. What this point of order kitchen table, get out an envelope and is not of any importance to me. What- a pencil, and they have to figure out ever will convenience the Senator. does, by striking the emergency des- ignation for these 29 unfunded, non- that if they have spent $400 setting Mr. STEVENS. That is 1 hour 6 min- Johnny’s arm, they are not going to be utes beyond that. I serve notice to the defense provisions, is that it will trig- ger an across-the-board cut in all non- able to buy that refrigerator or they Senate, as manager, I cannot be here are not going to be able to go on that between the hour of 3:30 p.m. and 4:15 defense programs to fund these items. That across-the-board cut will fund vacation. They do not like it, but that p.m. We will go ahead and have the is what they have to do, because that is vote when Senator GRAMM’s time ex- $3.4 billion of unfunded programs. It will do it, according to the Office of the real world. pires, but then I will ask the leader to All I am asking here is that on these Management and Budget, with a 1.25- give us consent to do something in that $3.4 billion worth of programs, if they percent across-the-board cut in discre- period of time so we can keep our are so good and they are so important, tionary nondefense programs. meeting as scheduled. The Senator has let’s pay for them. It is not as if we are 1 Obviously, our bill—if this point of another 7 ⁄2 minutes now, as I under- going to do great violence to the budg- order is sustained—will differ from the stand. et of the United States if we are re- House bill. Under the procedures of our Mr. GRAMM. On this. Why don’t I go quired to pay for it. We are talking budget the bill would go back to the ahead and raise the point of order and about a 1.25-percent across the board House, which could adopt the bill with take my 15 minutes and explain it, if reduction in order to pay for these pro- this point of order made and therefore that is OK with the chairman. grams. Mr. DOMENICI. Mr. President, what require the across-the-board cuts to My view is that if you really wanted has the Senator been doing? I thought offset this new spending, or the House these programs, you would be willing we gave him 20 minutes so he can do could amend the bill to throw out the to pay for them. If you are not willing that. point of order, and the bill would come to pay for them, we ought not to be Mr. GRAMM. The Senator gave me 20 back and we would vote on the bill spending it. minutes to speak against the bill. I again and see if we could sustain it. So I want to reserve the remainder of have done that. I am ready to raise the So that is basically what we are my time and conclude by just saying point of order. doing. this. If you meant it when you set Mr. DOMENICI. And speak 15 more This point of order does not kill the those caps on spending, if you meant it minutes? supplemental appropriation, it simply when you said you want to lock away Mr. GRAMM. I have a right to under pays for it. It simply says, in the $3.4 this money for Social Security or use the unanimous consent request. billion of programs that are not fund- it for Social Security reform, we have Mr. DOMENICI. I misunderstood ed, that under the Budget Act you can an opportunity today to save $3.4 bil- when I quickly gave the Senator 20 make a point of order that they are not lion that belongs to Social Security. It minutes. funded, and insist on that point of does not belong to general government. Mr. GRAMM. If the Senator wants order so that 60 Members of the Senate It does not belong to all of these me to yield the floor so he can speak would have to vote to say we do not projects we are funding here. It belongs now—— want to fund these programs, we want to Social Security. Mr. DOMENICI. No. to bust the budget, and we are willing If you want to save that $3.4 billion Mr. STEVENS. There are 30 minutes to take the money out of the Social Se- for Social Security, if you want to lock on his motion to waive. curity surplus in order to pay for it— it away or use it to save Social Secu- Mr. GRAMM. I get half the time on which is what you will be saying if you rity, vote to sustain this point of order. the motion to waive since I am against vote to waive this Budget Act point of I hope my colleagues will vote to sus- waiving. order. Have no doubt about that. tain this point of order, because I think Mr. President, I raise a point of order If we sustain this point of order, it is important. I think if we do not that the conference report contains there will be a 1.25-percent across-the- stand up now, we will now be at $29.8 nondefense emergency designations in board cut in the same accounts, same billion by which we have overspent the violation of section 206 of House Con- section of the budget, nondefense dis- 1999 budget before we have ever passed current Resolution 68. I send a list of cretionary, to fund these programs. a single regular appropriations bill—all those designations to the desk. There The Appropriations Committee will in the name of emergencies.

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5656 CONGRESSIONAL RECORD — SENATE May 20, 1999 So if we are ever going to stand up gratulations and a few thoughts on how the war or you don’t like the war, it and stop this plundering of Social Se- to make it perhaps a little better, we costs money. It isn’t predicted in the curity and stop this runaway spending stood shoulder to shoulder that we family checkbook that in the middle of train, we have to do it now. I urge my wanted to save the Social Security the month you are going to have a war, colleagues to vote with me if you want trust fund. Nothing has changed. Noth- because families don’t have wars. They to protect Social Security and if you ing has changed. don’t go out and buy more tanks and want to live up to the budget. The Senator from New Mexico is more airplanes, when they have a dis- I reserve the remainder of my time. proud of the budget that is going to op- aster. The PRESIDING OFFICER (Mr. erate for the year 2000, the new millen- That is point No. 1—the budget is not VOINOVICH). The Senator from Alaska. nium. It is going to be a tough budget, out of control. Mr. STEVENS. Mr. President, I ask and we are going to try to live with it. Point No. 2—the overwhelming per- for just 2 minutes on this motion to But I do not believe we should leave centage of this particular bill is for the waive. I thank the Senator from New the floor today with a lot of Ameri- defense of our Nation. Many of us are Mexico for making that motion to cans, if they were listening, thinking proud that we put more money in than waive. that the budget of the United States is the President had asked us for. We My point in addressing the Senate out of control. thought the President low-balled the now is to inform the Senators that, ba- Sometimes my good friend from request because he didn’t want to be sically, this point of order deals with Texas overstates the case. And by over- embarrassed about this war, and so he the moneys that are in the bill for PL– stating the case, sometimes, instead of has far too little money. We put in $5 480 food aid, for refugee assistance, for being as effective as he could be, he is billion more in this bill. Take that to farm aid, aid for the Wye River, aid to a little less effective. the American people and ask them: Jordan, for the Central America and Nobody looking at the budget of the Would you do that, or would you not do Caribbean emergency due to Hurricane United States as it pertains to the ac- that? Would you believe Senator counts we are talking about, defense Keith, and for the FEMA disasters that GRAMM’s reasoning for saying let’s cut have taken place throughout our coun- and appropriated domestic accounts, some other American programs to pay try. thinks it is out of control. As a matter for that? All of those are matters that could of fact, the whole world looks at this By the way, the sequester which he is not have been contemplated in 1947. We budget, the one that the Senator from speaking about, the across-the-board controlled $1.8 trillion on a 2-year pe- Texas is saying is out of control, and cut which will be done by the Office of riod. And the Senator from Texas is ob- says, how do you do it? You are doing Management and Budget, the Presi- jecting to the fact that these events, so well. dent’s people, it will not be 1.25 percent that have taken place totally unex- As a matter of fact, the defense for all the rest of the accounts. Be- pectedly, are going to cost $29.6 billion. spending which is in this budget—part cause the year is so far down, it will be He is talking about 16 one-hun- of the budget that the Senator is talk- almost 4 percent, 3.75 percent, or some dredths of 1 percent of the total spend- ing about—is at the lowest level and $3 billion. Is that what we should do ing that we control. In other words, es- under control, the lowest level since when we have emergencies, cut all of timates that were made have been ex- World War II, the end of World War II, Government across the board 3.75 per- ceeded now because of unforeseen cir- in terms of the percent of our gross do- cent, not when the budget starts, but cumstances in Central America, in mestic product that goes to defense. when the budget year is half over with farm aid, in terms of the assistance to Likewise, the domestic spending that or more than half over with, just say Jordan, in terms of FEMA disasters, he is alluding to, out of control, says we are going to cut it? Families do not and national disasters declared by the he, well, let me tell you, it is the low- do that either, if you want to talk President, and have consumed 16 one- est in history in terms of the percent of about families. They don’t come along hundredths of 1 percent more money GDP. We are doing a great job of con- when they have all their children’s than we estimated. trolling this part of the budget. bills paid for and everything else and He is wrong in talking about the bill He and I may come to the floor and say that we are going to cut 3.75 per- for the year 2000. We have not gotten to discuss another issue where we might cent out of it and spend it for some- the year 2000. This does not have any agree, but it has nothing to do with thing else. They don’t have that kind impact on the year 2000 except in terms this bill, nothing to do with these ideas of problem. That is what we are going of defense. It aids us in defense trying that he is alluding to today about the to be confronted with for American to deal with defense matters. budget. They have to do with entitle- These are things that the Budget Act ments and mandatory spending. So for programs in education, in construc- rightfully said there is a time when those who think the budget has gotten tion, in highways, in everything. you can have emergencies, when they kind of big, we have to face up to where It is just not worth it, in this Sen- are unexpected items that have hap- it is that it is getting its pot belly. It ator’s opinion. The longer you wait and pened. is not getting it from these two ac- delay this bill, the more the demands There are a lot of things in this bill counts, defense and domestic discre- are going to be, not less. They will be that are not emergencies; they are sup- tionary spending. That is the truth. more. plemental; they are supplemental The Senator referred to families and Let me just give you one more. If we items. We can argue about them, but their budgets. I noticed some people are out of control, every country in Eu- they are not involved in what the Sen- were listening to him almost rope and every industrial democracy in ator from Texas is doing. An opinion enraptured thinking about their own the world has already gone out of this about lumping all those things in the checkbooks. To compare a family world. They are all spending more than bill is one thing, but to deal with this checkbook with a great American we are as a percentage of their budgets. concept of knocking out the emergency country that has a war going on in Their budgets are much higher than clause is wrong. I hope the Senators Kosovo that we didn’t know about 6 ours. And that is why we are doing so will support the motion of the Senator months ago and expect us not to have well—because our budgets are low, and from New Mexico. to spend some money for that is to our taxes must remain low. The PRESIDING OFFICER. The Sen- compare an individual American fam- To be sure on my comments about ator from New Mexico. ily in their kitchen with their check- how low defense spending is and how Mr. DOMENICI. Mr. President, not book to a country that is at war and low domestic spending is versus other too long ago Senator GRAMM and I needs money to fight the war. That is years and other nations, I have that on stood on the floor shoulder to shoulder what is principally behind this appro- two pieces of paper. I ask that those preparing a budget for the United priations bill. The overwhelming per- two documents be printed in the States. Not too long ago, I came up centage of this spending is for the de- RECORD. with the idea of a lockbox for Social fense of our Nation, if that is why we There being no objection, the mate- Security. Once my friend, Senator are in Kosovo, because we have some- rial was ordered to be printed in the GRAMM, saw it, a few words of con- thing to defend. And whether you like RECORD, as follows:

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00024 Fmt 0624 Sfmt 0655 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 20, 1999 CONGRESSIONAL RECORD — SENATE S5657 Total government—Federal, State, local— comparing America to Japan. I am nondefense portions of this bill. I would spending as a percentage of GDP (1998) comparing what America is doing rel- have raised a point of order against all Percent ative to what Congress promised the the emergency designations in the bill United States ...... 31 American people we would do. had the point of order existed. I don’t England ...... 40 I do say that when we are spending, want people to think this is somehow France ...... 54 in emergency spending in 1999, three Germany ...... 47 nondefense versus defense. I believe in Japan ...... 37 times as much as we have ever spent a strong defense. My dad was a ser- Canada ...... 42 before, that suggests to me that some- geant in the Army for 28 years 7 thing is out of control. As we all know, months and 27 days. I have voted for Percentage of GDP we read every day in the paper where defense. I have helped write budgets Defense Nondefense Members are saying there is no way we that rebuilt defense. But I want to pay can live up to these spending caps, and 1980 ...... 5.0 5.2 for defense. 1985 ...... 6.2 4.0 that this is only the beginning of our I think where the difference is, I am 1990 ...... 5.3 3.5 violation of the budget. My view is this 1995 ...... 3.8 3.8 willing to cut other programs to fund 1998 1 ...... 3.2 3.4 ought to be the beginning of the fight defense. But I don’t understand why we to preserve the budget numbers we 1 The lowest percentage since WWII, both defense and nondefense. are not willing to take it away from adopted. something else to fund defense but we Mr. DOMENICI. The issue now is not Let me tell you how the budget is out are willing to violate our spending caps whether you want to vote for this bill of control. It is not out of control the to fund defense. And if this war is so vi- or not. The issue is whether you want way we keep our books, even though tally important—let me make it clear to support a motion to waive the point we are beginning to lose control by des- that I don’t see the vital national in- of order, a very specific, new point of ignating all the spending as an emer- terest here. I don’t see this as a vote on order; I helped draft it. It is a nice gency. But if we used accrual account- the war. But let me make it very clear, point of order. Whether you want to ing, like American business has to, if this war is so vital, we ought to be waive it or not, that is the issue. If you with Medicare and Social Security, we willing to cut other Government pro- want to vote against the bill, you can would be running huge deficits today. grams to fund it. The idea that we still do that but, frankly, you should I agree with our colleague from New ought to take the money out of Social Mexico. Many of our worst problems move to waive this so that when those Security to fund this war, I think, is are in areas like Social Security and people who want to vote for this bill wrong. vote for it, they are not confronted Medicare. But the point is, we have to So, again, this is a hard issue. I don’t with having to cut Government 3.75 have Presidential leadership, we have doubt the sincerity of our colleagues percent in order to accomplish the pur- to put together a program to deal with who are trying to do a difficult job in poses suggested here by my good friend those problems; and it takes a con- writing these appropriations. But there certed effort to do that. But the one from Texas, Senator GRAMM. are two reasons I am here making this area that we can control by ourselves How much time do I have remaining? point of order. No. 1, we busted the is discretionary spending. The point is, The PRESIDING OFFICER. Six min- budget by $21 billion on the last day of if we don’t have the will to prevent $3.4 utes 4 seconds. the last Congress. We are already at al- billion of new spending, how are we Mr. DOMENICI. I will yield the floor most $30 billion of busting it now. We going to have the will to reform Social and reserve the remainder of my time. have to stop this from happening at The PRESIDING OFFICER. The Sen- Security or Medicare? In terms of comparing the checkbook some point. Let’s do it now. ator from Texas. Mr. STEVENS. I ask that the Sen- of a family to a great nation and a Mr. GRAMM. Mr. President, I thank ator yield me 2 minutes. great economy, I think it is a good my colleague and friend from New Mr. DOMENICI. I yield 2 minutes to comparison. In fact, Adam Smith once Mexico for helping me see that in an the chairman. effort to derail this point of order that observed: Mr. STEVENS. Mr. President, let’s we didn’t do something that could un- What is wisdom in every household can go back to what we are talking about. hardly be folly in the economy of a great na- dercut the whole budget. I am very tion. If a family had a $16,000-a-year income grateful for his help on that. and had a 16 one-hundredths of 1 per- Where can we find a better blueprint I want to disagree with the points cent overage in their expenditures that for fiscal responsibility than looking at that have been made by my two col- year, they would have to borrow $20. working American families sitting leagues and do it in such a way as to We are talking about 16 one-hun- around the kitchen table? The fact not be disagreeable. dredths of 1 percent in excess of the that they are dealing with thousands of First of all, our dear colleague, the dollars and we are dealing with billions budget. And it is for items that are chairman of the Appropriations Com- of dollars doesn’t fundamentally emergencies. What family would not mittee, says that the violating expend- change things. They have to set prior- borrow $20 to meet an emergency? Is it itures here that are not offset are only ities. They have to say no. And they disaster relief emergency? Yes. Is the sixteen-hundredths of a percent of have to say no to their children, the Central America-Caribbean expendi- overall Government spending. Well, my people they love, and to real needs. ture an emergency? Yes. The Wye point is, if it is that small an amount All I am saying is that we need to say River accord for Jordan, was that an of money, why don’t we pay for it? In no more often so that working families emergency? Yes. Is farm country in a budget of $1.7 trillion, we are in es- can say yes more often. I want to save trouble? Is that an emergency? Yes. All sence saying that $3.4 billion of non- Social Security so we don’t have to we are saying is we are going to deal defense spending is so important we are double the payroll tax. I want to save with that $20 out of $16,000. That is the willing to violate the budget in terms Social Security so we don’t have to cut comparison for an average family. of spending beyond our cap. But it is benefits for the elderly. But we can’t Mr. President, the thing that bothers not important enough that we are will- do that if we keep spending the Social me most about this is, we have to con- ing to cut somewhere else to fund it? It Security surplus. template change. I will make one seems to me if it is that important, we In terms of across-the-board cuts, if statement to you. If the New Madrid ought to be willing to pay for it. it is not worth cutting to pay for, then Fault that runs through the center of As to whether the budget is out of why is it worth spending? If it is not this country suffers an earthquake control relative to much of the world, worth taking it from a lower priority, again—the last time it went off, the our budget is not out of control. I agree is Social Security the lowest priority? church bells rang in Boston because of with our colleagues. I am not making a Is taking this money out of the Social an earthquake that took place going statement trying to send the stock Security surplus of lower significance through the area west of the Mis- market down at 2, nor do I think any than funding all the thousands of other sissippi. It changed the Mississippi statement I could make would be capa- programs we fund? I don’t think so. River. It went backwards. It started a ble of doing that. But I am not com- The final point. This is a point of new channel which it has today. Can paring America to Honduras. I am not order under the Budget Act against the you imagine the amount of money we

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5658 CONGRESSIONAL RECORD — SENATE May 20, 1999 would have to have? That is why the propriations subcommittees and de- We have recently seen the allocations Budget Act provides money for emer- bated on the floor of the Senate. Con- in the House of Representatives. The gencies. If the Senator is trying to say gress must allow the regular process to allocations in the Senate are por- you have to have 60 votes to overcome take place and not sneak things into tending for very, very severe cuts. that, now, that is wrong. I hope we appropriations bills. I chair the Subcommittee on Labor, have them today, Mr. President. This I tried to offer legislation that would Health and Human Services. The Presi- is an emergency, and this money is provide those offsets, but an objection dent’s budget is slightly in excess of $90 needed by the Department of Defense, was raised. I want to ensure that Con- billion. The allocation preliminarily and the agencies need it. gress does the right thing and pre- marked up for my subcommittee is $80 Thank you very much. serves the Social Security surplus. billion. If that is to happen, we are Mr. DOMENICI. Does the Senator This is what the lock box legislation going to have some really drastic, dras- from Texas have any time remaining? would prevent. This is what my legisla- tic cuts, cuts which the American peo- Mr. GRAMM. I don’t think I have tion would prevent. I ask my col- ple are going to have to evaluate as any. leagues not to waive the Budget Act. they are making their wishes known in The PRESIDING OFFICER. The Sen- Mr. FEINGOLD. Mr. President, I sup- our representative democracy to the ator’s time is up. ported Senator GRAMM’s point of order Members of the House and Senate. Mr. DOMENICI. Mr. President, in because, while some of the spending We have budget caps. I would like to conclusion, Senator GRAMM makes a programs in this bill may have merit, live within those budget caps. But to lot of good points. I believe we make they should not be funded by Social Se- do that, we are going to be looking at some good points, also. I don’t believe curity Trust Fund balances. The point these kinds of reductions in spending: we ought to, at this stage of the budget of order would not prevent these pro- On Safe and Drug-Free Schools, there year, adopt a point of order that will grams from being funded, but would would be a cut of $66 million from the send us back to all of the Government force Congress to find adequate offset- Drug and Violence Prevention Pro- programs, some of which many of us ting spending cuts to pay for those pro- gram. grams, or those spending cuts would be don’t like, some of which many of us Here we are today on a juvenile imposed automatically at the end of love, most of which are halfway crime bill where we are trying to deal the fiscal year. with the problems of juvenile crime, through a year. I don’t believe we Mr. STEVENS. Mr. President, I ask ought to go back and have them cut 3.7 and at the same time we are looking at for the yeas and nays on the motion to a budget which is going to cut funding percent across the board. waive. One thing about missing our budget of $66 million from the guts of that The PRESIDING OFFICER. Is there a kind of a program—drug and violence targets—the so-called caps, Mr. Presi- sufficient second? dent—the overwhelming percentage of prevention. There is a sufficient second. We are looking at cuts on the Job supplemental appropriations have been The yeas and nays were ordered. Corps of $150 million from a $1.3 billion for real emergencies, or emergencies Mr. STEVENS. Mr. President, I ask program. that the President of the United States unanimous consent that the vote take When we talk about the Job Corps, asked us for and in which we con- place at 15 minutes after 2, in 7 min- here again we are talking about deal- curred. That is what the Budget Act utes, and I yield that time until the ing with juveniles who may have gone says; caps are binding except for emer- vote to the Senator from Pennsylvania, astray. gencies; emergency money is not sub- Mr. SPECTER. The vote will take place If you have a juvenile offender with- at 2:15, in 7 minutes. ject to caps. That is what we have here. out a trade or a skill, a functional illit- The PRESIDING OFFICER. Without I hope we pass this appropriations erate who leaves prison, that indi- bill today and fund what our military objection, it is so ordered. The vote will be at 2:15. vidual is going to go back to a life of desperately needs to replenish the crime, and is going to get the first gun Kosovo war and replenish the military The Senator from Pennsylvania is recognized. he can put his hands on. And here we equipment and the time that was spent are talking about an enormous cut in in Central America for the disaster Mr. SPECTER. Mr. President, I thank my distinguished colleague, the the JOBS Program, which is designed that killed 10,000 of our neighbors in specifically against that problem. Central America. Those are predomi- chairman of the Appropriations Com- mittee, for yielding me the time. We have enormous cuts in child nant items in this bill. There are a lot I support the waiver on the point of care—$131 million in our efforts to of small ones that are difficult to jus- order. The conference committee la- whip the welfare program and send wel- tify, but in a real sense they don’t real- bored extensively and diligently to fare mothers to work. Child care is in- ly amount to the essence of this bill, come up with the bill that is on the dispensable. which is emergencies we cannot con- floor at the present time. It was a Special education—a favorite of all template. tough, contentious, argumentative Senators—would be cut by $480 million. I yield back whatever time I have. conference. While not perfect, we con- The National Institutes of Health, Mr. ENZI. Mr. President, I rise to ferees did the very best we could. At the crown jewel of the Federal Govern- offer my support to Senator GRAMM’s some points on Wednesday night of last ment, perhaps the only jewel of the point of order against the supplemental week, it looked a little like ‘‘Saturday Federal Government—instead of having appropriations conference report. As I Night Live,’’ except it was Wednesday. a $2 billion increase, which the Senate have said before, we must provide the C-SPAN was in the conference room re- said we ought to have in the sense of offsets for the nonemergency portions cording and videocasting across the the Senate, the National Institutes of of this conference report. There is cur- country to the few who might have Health would be reduced by $1.8 billion, rently $13.3 billion of nonemergency been inclined to watch. which would result in approximately spending that has not been offset, in Having been a party to that con- 6000 fewer grants at a time when med- violation of the Budget Act. I believe ference and having struggled through ical research is on the verge of solving that Congress must protect the Social the issues of the necessity for military enormous problems of Parkinson’s with Security surplus and ensure that the spending and the emergency programs the new stem cells estimated within money is there for future generations, that are involved in Hurricane Mitch the 5- to 10-year range. not spend it on items that are clearly and the tragedies in Oklahoma and The PRESIDING OFFICER. The Sen- nonemergency items. Kansas—Kansas being my native State ate will be in order. We have been spending the last few —the conference committee did the Mr. SPECTER. I thank the Chair. years talking about fiscal discipline very best it could. Some of those who were called to order and the spending caps. Now that we This bill ought to be enacted in toto. may be the ones who ought to be lis- have a surplus, Congress must resist Since that requires a waiver initially, tening to what needs to happen in our the temptation to circumvent the reg- that ought to be undertaken. appropriations process if we are to ular appropriations process. Many of We are really looking at broader, achieve the goals of our lofty rhetoric. the items contained in the report complex issues as we face the appro- But interrupting, the juvenile vio- should have been considered by the ap- priations process for fiscal year 2000. lence bill on the culture of violence-

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 20, 1999 CONGRESSIONAL RECORD — SENATE S5659 we have programs which are designed The PRESIDING OFFICER. The Sen- ment for the prosecution of this con- to deal with that. The way we are ator from Alaska has 12 minutes. The flict in Kosovo, if there were $2 billion heading, we are going to be cutting the Senator from West Virginia has 42 min- or $3 billion or $5 billion or $6 billion heart out of the precise programs in- utes. The Senator from North Dakota more available, then I believe we tended to deal with that culture of vio- has 15 minutes. should have a better debate on the pri- lence. Mr. STEVENS. I ask the Senator orities of the use of those funds. I, for These are issues which I hope the from West Virginia if we can make a one, believe we have an urgent, urgent American people will understand so list of who is going to be recognized, need in rural America to provide a bet- that their views may be felt in our rep- because almost all the time is allo- ter safety net to give family farmers a resentative democracy. cated, as I understand it. I yield 5 min- chance to make it through this price We would all like to stay within the utes of my time to the Senator from depression. I believe that is the pri- caps. We would all like to economize. Virginia, Mr. WARNER. I reserve 7 min- ority. But when we take a look at a $10 bil- utes of the time. Can the Senator allo- We had a vote in the conference on lion cut which hits labor, safety pro- cate his time? the Senate side, and we lost 14–14 on a grams, and health and education, those Mr. BYRD. Yes. Let me see how proposal that would have added nearly are matters which have to be decided much time I have left. I have 45 min- $5.5 billion for some price supports to by this body reflecting the views of our utes promised. build a bridge across those price val- constituency. Mr. STEVENS. The Senator has 42 leys during these troubled times in I again thank the chairman for yield- minutes, but I will give him 3 of my rural America. We lost 14–14. I wish we ing the time. minutes. had won. I yield the floor. Mr. BYRD. All right. Nearly $5.5 billion to $6 billion was The PRESIDING OFFICER. The Mr. STEVENS. Please tell us what added to this package for defense question is on agreeing to the motion. they are. spending that was not requested. It is On this question, the yeas and nays Mr. BYRD. Senator CONRAD, 5 min- not that the money is not available, it have been ordered, and the clerk will utes; Senator LANDRIEU, 5 minutes; is that a different priority was at- call the roll. Senator HARKIN, 8 minutes; Senator tached to the spending of this money. The legislative clerk called the roll. GRAHAM, 71⁄2 minutes; Senator DODD, 5 I will tell you why I feel so strongly The yeas and nays resulted—yeas 70, minutes; Senator DURBIN, 5 minutes; about this. I come from rural America. nays 30, as follows: Senator WELLSTONE, 5 minutes; Sen- I come from a small town. We raised [Rollcall Vote No. 135 Leg.] ator BOXER, 5 minutes. some cattle and horses. Last Thursday, YEAS—70 Mr. STEVENS. Is the Senator reserv- my brother called a florist in a little Akaka Durbin Mack ing some time for himself? town called Mott, ND. Mott, ND, is 14 Baucus Edwards McConnell Mr. BYRD. Senator DORGAN has 15 miles from my hometown of Regent. Bayh Feinstein Mikulski minutes for himself outside this. Regent has 300 people and Mott is a Bennett Frist Moynihan Mr. STEVENS. Does that allocate Biden Gorton bigger town and always was, even when Murkowski fully the Senator’s 42 minutes? Bingaman Grassley Murray I was growing up. Mott is about 800 Bond Harkin Reed The PRESIDING OFFICER (Mr. people. Boxer Hatch Reid ENZI). It does. My brother called the florist on the Breaux Helms Roberts Mr. STEVENS. I urge the Senators to Bryan Hollings Main Street of Mott. There is one little Rockefeller Byrd Inouye take their time starting now. florist shop. He said: My brother and I Campbell Jeffords Sarbanes Mr. DORGAN addressed the Chair. Schumer want to order flowers to be delivered to Chafee Johnson The PRESIDING OFFICER. The the cemetery at Regent for our mother Cleland Kennedy Shelby Cochran Kerrey Smith (OR) Chair recognizes the Senator from and father for their graves on Memo- Collins Kerry Snowe North Dakota. rial Day. We do that each year, and we Conrad Kohl Specter Mr. DORGAN. Mr. President, as I also do so on Mother’s Day and Fa- Coverdell Landrieu Stevens begin, I pay tribute to the Senator Craig Lautenberg Thurmond ther’s Day. Daschle Leahy Torricelli from Alaska, the chairman of the Ap- My brother said he told the woman DeWine Levin Warner propriations Committee, Mr. STEVENS, who runs and owns the floral shop: By Dodd Lieberman Wellstone and the Senator from West Virginia, the way, I forgot to call you this year Domenici Lincoln Wyden YRD Dorgan Lott Mr. B , and other of my colleagues. on Mother’s Day. I was going to have I see the Senator from Mississippi on you deliver some flowers for Mother’s NAYS—30 the floor, Mr. COCHRAN, and so many Day. Abraham Graham McCain others who in that conference spent Incidentally, this floral shop always Allard Gramm Nickles Ashcroft Grams Robb hour after hour, day after day ham- apologizes when we call because she Brownback Gregg Roth mering out a conference agreement. says: We have to charge you a $2 deliv- Bunning Hagel Santorum Especially the chairman and the rank- ery fee. It is 28 miles. Burns Hutchinson Sessions ing member. I recall one evening sit- My brother said: I forgot to call you Crapo Hutchison Smith (NH) Enzi Inhofe Thomas ting there at 1 in the morning, and this year to deliver flowers for our Feingold Kyl Thompson they were still there exhibiting the mother’s grave on Mother’s Day, but I Fitzgerald Lugar Voinovich kind of patience that is quite extraor- would like you to deliver them on Me- The PRESIDING OFFICER. On this dinary in order to resolve all of these morial Day. vote the yeas are 70, the nays are 30. many issues. The woman who owns the flower shop Three-fifths of the Senators duly cho- Much of the discussion was about the said: That’s all right, we delivered sen and sworn having voted in the af- victims of Hurricane Mitch, the respon- some on Mother’s Day because we firmative, the motion is agreed to. sibility to respond to our neighbors in know you call every year and we Mr. STEVENS. Mr. President, I move this hemisphere who have been hit thought you just forgot. Later on, we to reconsider the vote. with such a terrible disaster, the mili- were going to send you a bill, and if Mr. BYRD. I move to lay that motion tary needs with respect to the air- you paid it, that was all right, and if on the table. strikes in Kosovo, and the prosecution you did not, that’s all right, too. The motion to lay on the table was of that conflict, the needs for spring That probably does not happen across agreed to. planting loans in farm country, and a America, but it happens in my part of The PRESIDING OFFICER. The Sen- range of other issues. the country, in rural America, where ator from Alaska. I support many of those areas, but I family farmers and Main Street mer- Mr. STEVENS. Mr. President, if we am not going to support the conference chants work together in a lifestyle could, for the orderly presentation of report because I believe, as I indicated that is really quite wonderful. People the balance of the argument on this in the conference committee, that if do things, people help each other, but bill, I inquire, how much time remains there are resources above that which there is no amount of help in farm on each side? was requested for the Defense Depart- country these days that can reach out

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5660 CONGRESSIONAL RECORD — SENATE May 20, 1999 and say to family farmers who are for. For many, it was the fourth, fifth things. And I am for all of that. I sup- struggling to make a living: We will year that happened. port all of that. I support our men and help you with the price of your grain. Lowell Nelson was interviewed on women in uniform and support this We know you are trucking that grain this program. He is one of those farm- mission. to the elevator these days and are told ers. But then we also say there is another there is no value; we will help you. He was born, raised and had his own sons $5 or $6 billion we want to add to that. That is not what is happening. In on this land, a fertile 400 acres he bought And I say, if there is $5 or $6 billion fact, they are going to the elevators from his brothers 35 years ago after his dad around that can be used in this discre- today to find out the grain market has died. But this spring [is the first spring] he’s tionary way, then I want the priority collapsed and they are getting Depres- not planting anything. to say: We want to continue to invest sion-era prices, at the same time the He cannot. He is ruined. He said: in America’s family farmers. current farm program, freedom to Well, I had been putting it off [this deci- You think this country is going to be farm, is pulling the rug out from under sion] for quite [a long] time and I had gotten a better, stronger place when we don’t these farmers with respect to the safe- a lot of urging, you know, from my wife to have family farmers left? When cor- ty net. We need to help. make a decision and I had just been putting porations farm America from Cali- If we want family farmers in our fu- it off. It’s a decision I didn’t want to make. fornia to Maine, you think food prices ture, we need to help. If we want to His wife said: are not going to go up? And it is more preserve this kind of lifestyle, yes, of One night he was out in the field and all of than just farming. These folks con- family farms and Main Street of our a sudden called me on the [shortwave] radio tribute in every way to their commu- small towns, we need to do something and wanted me to come over just to ride nity. They contribute to a way of life to help. with him [on the tractor] and I knew some- that we are losing in this country. Yet, I want to read a few things from Ted thing was wrong and it was shortly there- after that he decided he’d better get some somehow, when we talk about all of Koppel’s program ‘‘Nightline’’ on Tues- medical help. these fancy economic theories, nobody day, May 18. They did a program on the talks about the family as an economic The interviewer asked Mr. Nelson: farm crisis. They pointed out—while unit—nobody. all of the good news comes to the How badly did you scare yourself? The economic unit in this country is Washington Post and the New York He said: the large corporation. They are all get- Times, just open them up and read all Real bad. ting married, as you know. There is all the wonderful news, our economy is The interviewer asked: this corporate romance going on all growing, unemployment is down, infla- What do you mean? over America. Every day you wake up tion is down, virtually everything else and see a new couple of corporations He said: is up, a lot of good news—but the farm have decided to get hitched and get belt does not experience that good Thinking that it may be better off not bigger. being here. news. Family farmers are in desperate What about the economic unit that trouble and small towns are shrinking. The reason I mention the really matters in the center of this The rural economy is in desperate ‘‘Nightline’’ program, they interviewed country in America’s farm belt that trouble. these folks. These are real people in grows America’s food? That makes Ted Koppel on his program had farm- desperate trouble—just in desperate America’s communities strong? That ers and others talking. I will share trouble. We have a country whose econ- helps build America’s churches? That some of that with my colleagues: omy is growing and thriving and ris- puts life on main streets on Saturday Here’s what many farmers see happening, ing—full of good news. The stock mar- night? What about those economic the prices they can sell their crops for falling ket hits record highs. Everybody says units? What about family farmers? and predicted to stay low.... wheat prices this is a terrific economy. Then you Last year, we passed an emergency are down 42 percent. drive out down a country road, and bill. About half of that money is not Now, ask yourself, how would you talk to a family who has struggled for yet in the hands of family farmers. It feel or your family feel if you had a 42- 20, 30, 50 years, and you see what is will be there in a matter of weeks, I percent cut in your income? Would you happening. guess, through the USDA, through this feel that the economy is doing real A big guy stood up at a meeting I had formula. But it is $1.5 billion short of well? one day. He had a big beard, a tall fel- what was promised. We should have at Corn prices are down 38 percent. Oats and low, a strong fellow. He said: You least added that to this piece of legisla- barley down 32 percent. know, my granddad farmed my farm. tion. We should have at least added In constant dollars, these are prices My dad farmed it for 40 years. And I some additional support to say to fam- that we received in the family farm in have farmed it for 23 years. Then his ily farmers, when prices collapse at De- the Great Depression. eyes teared up and his chin began to pression-level prices, we are going to At the start of the program, Ted quiver, and he could not continue any- reach out a helping hand, extend a Koppel interviewed a fellow. He talks more. When he finally got the words helping hand to you to say you matter about a guy who works with farm fami- out, he said: And I can’t keep going to this country. lies, tries to help them. Willard Brunell anymore. I’m broke, so I have to sell We had an opportunity to do that and said: the farm. did not. A 14-to-14 vote, and how I re- I think the scariest one was back a few That may not matter to some, but it gret losing that vote—but in this busi- years when I got a phone call from a farm matters to me. ness, in this system, you win some and wife [who] said my husband just left with a A woman wrote me a couple of weeks you lose some. My hope is that those gun and he’s driving away. He said he’s going ago and said: We had our auction sale who felt it not appropriate, those who to his tractor. [He said] I was there with him on our farm, and my 17-year-old son 20 minutes and it was quite a ways away. I felt it was not the time to respond to got him out of his tractor. He sat in my lit- would not get out of bed to come down- this need now will, a week from now or tle car and we spent two hours in that car stairs. He refused to come down and a month from now, decide that it is trying to talk him down and he told me ex- help at the auction sale because he was time to respond. actly how he was doing, going to do it. He so heartbroken. He knew he would This is not Democrat and Repub- had the gun with him. . . . never be able to do what his dad did. He lican. We have had bad farm programs They get more than 50 calls a month knew he would never be able to farm under all kinds of administrations— in this fellow’s church talking about that farm. She could not get him out of Democratic administrations, Repub- that kind of desperation. bed he was so heartbroken. lican administrations. I want the farm- In Minnesota and North Dakota, I tell you all of that because we pass ers to get the price from the market- where Ted Koppel’s program was taped, a supplemental bill and we say: All place as well. That would be my fer- is some of the richest farmland in the right, on defense, the Defense Depart- vent hope. But when the marketplace entire world. Last year, one in every ment needs $6.1 billion to prosecute collapses, we must help. three farmers grew a crop that cost this war in Kosovo. We must restore Let me make a final point. I think it more to produce than they could sell it munitions and planes and do other is fascinating that at a time when

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 20, 1999 CONGRESSIONAL RECORD — SENATE S5661 somehow the economic unit of the fam- Every Member of the Senate has ecuted is not now the question. We ily, with respect to agriculture, does young men and women involved in the must support our military forces who not seem to matter, that which the conflict in Kosovo or over the general are risking their lives daily to carry family farm produces in this country is Balkan region or over Iraq or standing out the missions they have been as- used by everybody else to make record guard, as they are, in other far, remote signed. profits—the railroads make record areas of the world to protect freedom. Mr. President, the conflict in Kosovo profits hauling it; the cereal manufac- That is what this bill is all about. has been ongoing since March 24, when turers make record profits putting air Let me add one other feature, and the NATO use of force began. Since in it and puffing it up and putting it on then I will yield the floor, because that time our pilots and the pilots of the grocery store shelves and calling it many are anxious to speak. our allies have flown thousands of com- puffed wheat—the farmers go broke. Each year, the Department of De- bat missions against Milosevic’s mili- The manufacturers get rich. Or they fense plans for the next year and the tary machine. We have already spent sell a steer for a pittance or sell a hog year following as to how many avi- billions of dollars—on both aircraft op- for $20, an entire hog. You can buy a ators, for example, they will train to erations and munitions—in support of hog for $20 at the bottom of the hog keep the cockpits filled. Last year, the Operation Allied Force. These funds market, and then go to the store and number of pilots we had to keep to are now coming out of the readiness ac- buy a ham that cost you $30 or $40. Buy maintain the flying status of sufficient counts of our military services. With- a small ham at twice the price you men and women fell by 1,641. That out this supplemental, there would be bought the entire hog for. number of young men and women further and unacceptable degradation Something is fundamentally wrong, trained as aviators decided they no of the readiness of our forces. and farmers know it. So everybody who longer could remain on active duty and The conference agreement provides touches these products make record would return to civilian opportunities. $10.9 billion for defense, including $2.2 profits and are getting bigger and rich- Many of those decisions were dictated billion above the President’s request er; and the folks who start the tractor by their concern for their families. But for aircraft flying hours, spare parts, and plow the ground and plant the stop to think of what it costs every depot maintenance and munitions, in- seed, and then hope all summer it does American taxpayer to replace that in- cluding sophisticated precision-guided not hail, the insects don’t come, that it dividual in that airplane, to train the missiles and bombs, which allow our pi- rains enough and doesn’t rain too number of new recruits to be pilots or lots to be more effective at reduced much, and that they, by the grace of navigators or to take to sea in those God, might get a crop, wonder whether risk—both to them and to innocent ci- combat airplanes. vilians on the ground. they will be able to sell it in the fall I ran that calculation. It costs rough- and make any kind of profit. Mr. President, I know that some of ly between $2 million to $6 million, de- my colleagues have expressed concern So I cannot vote for this conference pending on the type of aircraft, to report. But having said that, I deeply regarding the funds provided in this train a man or a woman to become an bill for pay raises, pay table reform and admire the work of the Senator from aviator, $2 million to $6 million. If you Alaska and the Senator from West Vir- retirement reform. I firmly believe multiply the average of that times that all my colleagues would agree ginia and others who participated in it. 1,641, it is $9 billion just to replace the The priorities, in my judgment, needed that we have very serious problems of aviators. That same drain on trained recruiting and retention in our mili- to include the priorities I have just dis- manpower, womanpower in the mili- cussed with respect to helping family tary services. I believe the problems tary occurs in other branches of the are of such magnitude—indeed, we have farmers, and they do not, regrettably. service where perhaps their training is Mr. President, I yield the floor. a hemorrhaging of skilled personnel Mr. WARNER addressed the Chair. not as costly to the taxpayer but $9 bil- leaving our military—that this situa- The PRESIDING OFFICER (Mr. lion just to close the gap for those fly- tion qualifies as an emergency. As an ing aircraft. VOINOVICH). The Senator from Virginia. example, both the Army and the Navy Let us think about the families, as Mr. WARNER. Mr. President, I rise failed to meet their 1998 recruiting my good friend from North Dakota de- in strong support of this conference re- goals and the Army, Navy, and the Air scribed, the farm community. Let us port. I say to my good friend from Force project that they will not meet talk about the military, what those North Dakota, I had oriented myself to their recruiting goals for 1999. one set of remarks, but I listened care- wives and their children, what those aviators are doing in harm’s way Last year, 1641 more pilots left the fully to his, as I frequently do. He cer- service than the Department of Defense tainly speaks from the heart about his today. They are carrying out the or- ders of the President of the United projected. It costs about $6 million to people. I remember the floods that his train a single pilot. The cost to replace State experienced years ago. I feel as if States, as Commander in Chief of the Armed Forces. This Nation is but one these 1641 pilots is more than $9 billion. I am on the farm, the family farm, We must act to stop this hemmorhage with him. And you talked about that of 19 nations locked together in the first combat operation in the 50-year of pilots and other skilled military per- family. sonnel. We must send a signal now that So while we may be at odds on this history of the North Atlantic Treaty we in the Congress intend to take care bill, I want to take the same theme and Organization. of our military personnel and their talk about a family. I want to talk This is a critical moment for fami- families. about a military family. This bill has lies, be they farm families or military in it provisions for a military family. families. I know that there are Senators who I want to talk about that wife here in Mr. President, as I said, support the are concerned about this process, and the United States, or in other places of emergency supplemental appropria- there are Senators who disagree with the world, with their children, whose tions bill now before the Senate. As some of the items in this emergency husband is flying an aircraft right at chairman of the Committee on Armed supplemental. I share some of these this minute in harm’s way. It could be Services, I join with my colleague and concerns. But, Mr. President, as I stat- the reverse, because women are flying close working partner on defense mat- ed earlier, our Nation is at war. We can aircraft in harm’s way in this conflict ters, the chairman of the Appropria- argue the process and our other con- over the Balkan region, over Iraq. tions Committee, to urge all our col- cerns at another time. Mr. President, this country is at war. leagues to support our military forces I believe that now is the time for the And for that wife at home, war is hell. by voting for this bill. Senate to show its support for our men For that individual in the cockpit, war I support this bill for one simple rea- and women in uniform who are, as we is hell. son—we are at war. As we speak, we speak, carrying out their assigned mis- The purpose of this emergency legis- have military forces engaged in com- sions under difficult and dangerous lation is to provide the dollars nec- bat—going in harm’s way—in the skies conditions. I will vote for this bill, and essary to alleviate to some extent the over the Balkans and Iraq. Whether or I strongly urge my colleagues to do strain on the families and those in the not there is agreement on how these likewise. cockpits. risk-taking operations are being pros- Mr. President, I yield the floor.

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5662 CONGRESSIONAL RECORD — SENATE May 20, 1999 Mr. BYRD. Mr. President, I yield 5 Hundreds have received help but, I will be working—along with other minutes to the distinguished Senator right now more than 300 farm families colleagues on both sides of the aisle— from Louisiana. in Louisiana are waiting for their to see that we do all we can in the area Ms. LANDRIEU. I thank the Senator emergency loan applications to come of housing in Central America. from West Virginia. I appreciate his through. And although more assistance Helping Central America rebuild is of work on this very important measure may still be needed, those loan pay- special concern in Louisiana. With one for our country at this time. ments are crucial to help our farmers of the largest Honduran communities I was here in the Chamber and got to stay in business. outside Honduras, New Orleans is hear the remarkable speech of the dis- Mr. President, hurricane victims in sometimes referred to as ‘‘the third tinguished Senator from North Dakota. Central America are also waiting on largest Honduran city.’’ He is absolutely correct. There is not this emergency package. In fact, Brought to our State through trade enough money in this supplemental ap- they’ve been waiting for more than 6 with the port, these enterprising people propriations bill to address the devas- months. have been a source of strength to our tation that we are experiencing The winds and rains of Hurricane community for many years now. So throughout rural America. My State in Mitch claimed the lives of more than this package is of utmost importance particular has been hard hit because of 10,000 people, and left an estimated 1 to them and so many others back weather-related disasters, the worst million homeless. It completely wiped home. drought in over a century occurred last out hundreds of schoolhouses, bridges, Before yielding the floor, Mr. Presi- year. roadways, and churches. But after vis- dent, let me also express my support It is my hope that in the months iting Honduras and Nicaragua, I can for the increase in military spending in ahead we will all, on both sides of this assure you the numbers fail to convey this supplemental. aisle, Democrats and Republicans, be the full extent of the devastation. Over the last decade, we have seen a more mindful of the tremendous dif- Besides the obvious humanitarian slow, steady decline in the recruitment ficulty that rural America is experi- reasons, helping our Central American and retention of our military men and encing and come up with additional neighbors recover serves the long-term women. We have allowed the dispari- and real ways of helping that lead us to interests not only of the United States ties between military and private sec- a more market-oriented approach but but the entire Western Hemisphere. tor to grow so large that our service Within the past few decades, we have recognize that there are some safety men and women are being lured away. seen Central America move from con- nets and some bridges that need to be For instance, B–52 pilots at flict to peace, from authoritarian gov- put in place that are not there yet, and Barksdale Airforce Base in Shreveport, ernments to democracies, from closed it is causing great pain throughout LA, can go right down the street to the to open economies. Now this progress America. Shreveport International Airport and is at risk. However, I want to point out that in sign on with a commercial airline with In the past, the United States has this supplemental, partly because of better salaries, pensions, and benefits. played a strong role in encouraging It is imperative that we reverse this the fine work by the Senator from economic development in Central trend. Mr. President, my hope is that North Dakota and others, we have America. added a half billion dollars for much- Nearly four decades ago, President these military spending increases will needed farm relief. It is not enough, Kennedy traveled to Costa Rica to an- mark a good step forward in helping us but it is better than nothing. Farmers nounce his ‘‘Alliance for Progress’’ to recruit and retain the best and the in my State in Louisiana and in many promote the expansion of agriculture brightest. States around the Nation are depend- exports throughout the region. In closing, let me say again how im- ing on us today to vote favorably to- Since then we have pursued a variety portant this Emergency Supplemental ward this measure and to send them of other measures designed to help Package is to farmers in Louisiana and this help. Every day in my office the these countries diversify their econo- other rural communities in America. phone rings with farmers needing their mies and boost exports. And as we consider the interests of our emergency assistance that was prom- While these policies have not always Nation and this hemisphere—and the ised to them last year but not forth- been successful, the United States has future of the fragile democracies in coming. always shown its willingness to help them—on the edge of this new century, It is estimated from our agriculture lift these economically depressed na- let us make sure we honor our ties of commissioner that there are over 300 to tions to a more prosperous standard of friendship with the nations of Central 400 farmers that are just barely holding living. America. on, waiting for these checks and this The point is—the United States has a The PRESIDING OFFICER. The Sen- assistance so that they can make fu- long history of helping our Central ator from West Virginia is recognized. ture plans. American friends move further down Mr. BYRD. Mr. President, I yield 5 It is important. It is not enough the path of development. Now—per- minutes to the distinguished Senator money in this bill, but it is better than haps—that friendship is being tested by from Illinois, Mr. DURBIN. what it started out to be. Because of the devastation that has decimated Mr. DURBIN. Mr. President, first, I the leadership, a half billion dollars their towns and villages and the com- thank the Senator from West Virginia has been added. I am happy to say that merce that flows through them. and my leader on the Appropriations a great deal of that money will go to But, as we all know, friendships be- Committee, and my friend, Senator help Louisiana and other States in our come stronger when they are tested. STEVENS from Alaska, who is not area. And I am glad that the United States is present on the floor; he is also the This package includes much-needed responding like good friends should. chairman of this important committee. emergency assistance to farmers in I am also particularly pleased that You can measure the values of a na- Louisiana and other agriculture States this supplemental package will be used tion by the way it spends its money. If still reeling from last year’s extreme in part to addresses the problem of per- you take a look at this bill, you will weather conditions. manent housing in Central America. see that the values of America are Mr. President, I will never forget the During a historic meeting—hosted by strong in many areas. We are prepared faces of farmers in my home State as Senators LOTT and COVERDELL—held in to spend $6 billion to make sure that they showed me acre after acre of the LBJ Room several months ago, the men and women in uniform in scorched row crops, or how shocking it four Central American Presidents made Kosovo have the very best. Were it my was to see the horrible cracks and cra- it clear that permanent housing is son or daughter, I would demand noth- ters in what was once fertile soil. among the highest priorities for their ing less. I am sure we all feel the same. This package, Mr. President, includes recovery. The numbers say it best: We are spending hundreds of millions additional assistance to replenish the Mitch destroyed 700,000 homes, severely of dollars for humanitarian relief. Isn’t fiscal year 1999 emergency loan ac- damaged 50,000 and left 35,000 people in it typically American that no matter count, which has been depleted due to temporary housing—tents, schools, what our sacrifice, we are willing to the severity of this crisis. churches. help others, whether it is the refugees

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 20, 1999 CONGRESSIONAL RECORD — SENATE S5663 in Kosovo or those suffering from the to it. We have to be able to reach out real progress on debt reduction. We hurricane in Central America. to those kids who show up at school should not use the fact that we have Many other good things are in this every day with a world of hurt, a world our men and women in harm’s way bill. I was happy to be part of an effort of problems, kids who probably see overseas as an excuse to go on a spend- to provide financial assistance to those school as the only shelter, the only ing binge here at home. Many of the who have been in the pork production nurturing environment, in their lives. projects in this bill have merit. If it is industry and have been hard hit during These kids need a helping hand, and an emergency, it ought to be in this the last year. Senator BOND and I have with this helping hand they can be bet- bill. And we ought to take out the non- worked for $145 million to try to help ter students and better Americans. emergency spending, pass a clean bill, some of these farmers to face the We missed an opportunity in this bill and get the emergency spending where toughest times in their lives. Net farm by denying one penny for those it is needed, especially to our military. income in Illinois is down 78 percent. schools. We missed that opportunity. I In short, Mr. President, providing Farmland in Illinois is some of the best am sorry to say that this bill does not substantial emergency funding for our in the country, yet farmers have seen include it. But I promise you this. As troops in Kosovo is the right thing to this dramatic decline in income. With long as I serve in the Senate, I will join do. Providing long-overdue emergency all these good things in the bill, it with those in the Senate and, I hope, funding for the victims of Hurricane would seem fairly obvious to vote for it others in the House, who come to the Mitch is the right thing to do. And pro- without reservation. I wish I could. I realization that there is no greater pri- viding desperately needed emergency plan on voting for it, but with serious ority than our children. funding for our nation’s farmers is the reservations. Let me tell you what I yield back the remainder of my right thing to do. But combining these they relate to. time. legitimate emergency requests with When this bill came from the White The PRESIDING OFFICER. Who billions of dollars of nonemergency House, the President asked for $6 bil- yields time? spending—no matter how meritorious lion for military and humanitarian as- Mr. BYRD. Mr. President, I yield 3 the individual project—is the wrong sistance, and then the House added $5 minutes to the distinguished Senator way to do it. billion in military spending which the from Virginia, Mr. ROBB. With that, I yield back any time I President didn’t ask for. Among other The PRESIDING OFFICER. The Sen- may have. With great regret, I an- things in this bill is $500 million for ator from Virginia is recognized. nounce that I am unable to support the military construction around the world Mr. ROBB. Mr. President, I thank the bill, although I fully support many of that is not authorized, not requested. distinguished Senator from West Vir- the priorities the bill includes. It is put in here. ginia and the ranking member on the The PRESIDING OFFICER. Who When I went to the conference with Appropriations Committee. Like our yields time? Senator BYRD and Senator STEVENS, other colleagues, I commend him and Mr. BYRD. Mr. President, I yield 71⁄2 the Senate side of the aisle said we are the distinguished Senator from Alaska minutes to Mr. GRAHAM. going to propose an amendment that I for their hard work on this particular The PRESIDING OFFICER. The Sen- offered—$265 million for American proposal we will be voting on today. ator from Florida. schools. You have heard of all the I regret that I am not able to support PRIVILEGE OF THE FLOOR things I have mentioned. There is not a this particular bill because there is so Mr. GRAHAM. Mr. President, first, I penny in this bill for American much in it that I do support. I clearly ask unanimous consent that Colton schools—nothing. Are schools on our recognize the critical need for addi- Campbell be afforded floor privileges minds? You bet they are. Cities like tional spending for our military. In- during the duration of my remarks. Conyers, GA; Littleton, CO; Jonesboro, deed, we are not spending enough on The PRESIDING OFFICER. Without AR; West Paducah, KY; Pearl, MS; our military today, even with the objection, it is so ordered. Springfield, OR. The sad roster of emergency spending that is legiti- Mr. GRAHAM. Mr. President, I will schools in America that have been hit mately included in this bill for the cri- reluctantly support this legislation be- by school violence continues to grow. sis in Kosovo. We are going to have to cause it contains important issues. It I produced an amendment for $265 spend even more if we are going to contains the funding for our troops in million for two things—not radical new meet our commitments around the the Balkans. It contains the funds to suggestions but tried and true things world and provide the national security meet our humanitarian responsibilities such as school counselors so that kids that we’re expected to provide—and in- to our neighbors in Central America who are troubled and have a problem deed that we profess to be able to pro- and the Caribbean. It also retains a have somebody to turn to, and after- vide. We are not spending enough provision—which I know the Presiding school programs so that kids are super- money on ships, or planes, or ammuni- Officer has strongly supported—to vised in a positive, safe learning envi- tion, or on quality of life improve- clearly state that the funds the States ronment. The House conferees rejected ments for members of our Armed Serv- secured through their tobacco settle- that. Not a penny for schools, not $265 ices. We are going to have to address ments will be funds to be managed, ad- million. Not a penny for schools, but $5 those needs, even beyond what is pro- ministered, and prioritized at the State billion more in military spending than vided in this bill. level. this President requested. I am embarrassed by the fact that Mr. President, I share many of the Where are our values? Where are our we’re just now getting around to fund- concerns of my colleague from Vir- priorities? If our priorities are not in ing the emergencies that occurred as a ginia. I share those concerns because the schoolrooms and classrooms of result of Hurricane Mitch, and the what we are doing is to chip away at America, if they are not with our chil- needs of our farmers are acute and crit- the financial security of 38 million dren, where are our values? ical. There is simply no excuse for the Americans—38 million Americans who I salute what is in this bill. Much is delay in providing the emergency fund- receive Social Security income. Forty good. But it pains me greatly to stand ing in these areas. The concern I have percent of those 38 million Americans on the floor of the Senate and say that is with the process. We cannot con- would have fallen below the poverty in a conference committee only a few tinue to do business this way. If we de- line but for Social Security. days ago the idea of sending money to termine that this is an emergency Why is this relevant to this debate? America’s schools for America’s spending measure, we ought to make It is relevant because we are on the schoolchildren was soundly rejected by sure that what we are funding are true verge of draining an additional $12 bil- the House conferees. That makes no emergencies and take care of our other lion from the Social Security fund sense whatsoever. priorities through the normal author- through this legislation. We had three We will talk in the juvenile justice ization and appropriations process. choices when we started this debate. bill about how to reduce crime in We have the promise of a surplus. We One choice was to do the tough thing, America, how to reduce violence, and ought not to abandon the fiscal respon- to reprioritize our spending, to say we should. We will talk about gun con- sibility that brought us that promise that if it is important that we spend trol, and I support it. But there is more and has given us the chance to make money on our humanitarian needs in

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5664 CONGRESSIONAL RECORD — SENATE May 20, 1999 Central America and the Caribbean, rity—committed to a ‘‘lockbox’’ for So- our troops in Kosovo and the sur- then let us reduce spending somewhere cial Security—is again actively partici- rounding areas. else. pating in raids on the Social Security There is also in this conference re- I am pleased to say that for that ac- trust fund through the back door. port some much-needed farm assist- count we in fact have done so. Willie Sutton once was asked, ‘‘Why ance and disaster assistance for the We had another choice, which was to do you rob banks?’’ His answer: ‘‘That’s United States and Central America. say let’s raise revenue. If we can’t find where the money is.’’ However, I must say there are parts of an area where we think it is appro- We may manufacture the strongest the bill to which I register my stiff op- priate to reduce spending, then let’s be vault to protect the Social Security position. prepared to pay for this emergency. surplus from Willie Sutton. But if we First, this bill forfeits the oppor- Third, we could say let’s use the ac- let Jesse James continue to steal the tunity to ensure that tobacco settle- cumulated surplus that we have, which money on the train before it gets to ment money is used to fight smoking today is a 100-percent surplus gen- the bank, we will have the same result. and to promote health—that is not in erated by the Social Security trust The money will not be there for our here. In fact, just the opposite. fund. As to the $12 billion in this legis- and future generations of Social Secu- Second, the bill provides only a frac- lation, we have elected the third course rity beneficiaries. tion of critically and urgently needed of action. Social Security is a federally man- farm assistance. Let me just talk for a Mr. President, this is not the first dated program. We have a legal obliga- moment about that subject. time we have done so. In fact, it is not tion to our children and grandchildren This is an emergency supplemental the first time in the last 8 months that to secure the surplus for its intended appropriations bill. We take care of we have done so. purpose—Social Security. We must as- emergencies in Central America and Last October, in the waning hours of sure that the budget surplus is not other places. But one of the very big- the budget negotiations, Congress squandered on questionable emergency gest emergencies facing us today is the passed a $532 billion omnibus appro- items in the future. emergency in American agriculture. priations bill. Mr. President, with your support and Export prospects are dismal. Exports Tucked into that bill was $21.4 billion that of Senator SNOWE of Maine, we for this year are projected to fall to $49 in so-called emergency spending. have introduced legislation which has billion, which is a 19-percent decline The effect of that designation then— as its objective to establish permanent from 1996. Asia still hasn’t recovered. as it is today—was to relieve Congress safeguards that will assure that non- Net farm income for major commod- of the necessity of finding some other emergency items are subject to careful ities could drop to $17 billion compared reprioritized spending to eliminate in scrutiny and not inserted into emer- to an average of $23 billion a year for order to pay for this emergency. gency spending bills to circumvent the the previous 5 years. Net farm income But because of the emergency des- normal legislative process. for major field crops will be 27 percent ignation, the $21.4 billion in October I urge our colleagues’ support for this below what it was for the last 5 years. could be approved without offsets, and legislation. It is true that there is some farm as- because of the emergency designation Mr. President, as we adjust to the sistance in this package, and I was today, we will approve an additional welcome reality of budget surpluses— pleased to work with my colleagues to $12 billion of expenditure without off- after decades of annual deficits and get it in the bill. But it is not enough, sets. burgeoning additions to the national and it is too late. Let’s look at the numbers. debt—we must never forget how easily The White House sent up the supple- In 1998, Social Security was $99 bil- this valuable asset can be squandered. mental appropriations request for addi- lion. The first use of that money was to For too long, the Federal Govern- tional farm loan funds and Farm Serv- offset $27 billion in deficit in the rest of ment treated the budget like a credit ice Agency funding on February 26. the Federal budget. An additional $3 card with an unlimited spending limit. Now here we are just getting to it, billion was used to pay for emergency Private citizens are warned against nearly three months later. outlays, leaving us with a total surplus falsely dialing 911. Congress should ex- This money was critically and ur- not of $99 billion but of $69 billion. ercise the same restraint in using its gently needed for the planting season. This year, 1999, we are projecting a emergency authority. Now we are just getting around to it, $127 billion surplus. Thank you, Mr. President. even though the planting season is well Again, we have used $3 billion to off- Mr. COCHRAN addressed the Chair. over halfway past. The farm assistance set deficits elsewhere in the budget, $13 The PRESIDING OFFICER. The Sen- that we have in the bill is good. Sure, billion for emergency outlays, and we ator from Mississippi. an aspirin is good, if you have a major are about to spend another $14.6 billion Mr. COCHRAN. Mr. President, I ask illness and you have some pain. But it for emergencies, reducing our surplus unanimous consent that an additional doesn’t get to the real root cause of it, from $127 billion down to $96 billion. 10 minutes be authorized for debate on and neither does the assistance in this And for the year 2000, we have already this measure, and that 8 of those min- bill. It falls far short of what is needed. carried forward some of the emergency utes be under the control of the Sen- I offered an amendment in the con- spending from 1999. ator from West Virginia, Mr. BYRD, and ference committee to address the deep- Again, we will be reducing the Social 2 minutes be under the control of this ening crisis in the farm economy. The Security surplus by $10 billion. This is Senator. amendment addressed a range of farm from where we are paying for these The PRESIDING OFFICER. Without income problems in the crop, livestock emergencies. objection, it is so ordered. and dairy sectors, and it dealt with ag- Mr. President, the repetitive misuse Mr. BYRD. Mr. President, I thank riculture’s economic crisis around our of the emergency process is continuing the distinguished Senator. nation, not just in one or two regions. to erode the Social Security trust fund. Mr. President, I yield 5 minutes to Regrettably, that amendment failed on This misuse is done in a manner that the distinguished Senator from Iowa, a 14–14 tie vote of Senate conferees. precludes most Members of Congress Mr. HARKIN. The amendment lacked just one vote. from any meaningful role in what has The PRESIDING OFFICER. The Sen- So we will be back again on whatever traditionally been accepted as emer- ator from Iowa. measures we can get up on the floor gencies. We have been denied the op- Mr. HARKIN. Mr. President, let me this year to provide critically and ur- portunity to participate in a deter- just say that being for or against this gently needed economic assistance to mination as to whether the proposed bill is basically a tossup, as far as I am our farm families and our rural com- emergency expenditure met the stand- concerned. It is one of those 51–49 types munities. ards of being sudden, urgent and un- of propositions. So that is how I am All I can say is that when it came to foreseen needs, which is the standard going to come down on the 51-percent the issue of Kosovo, we were willing to that has traditionally been used for side, and vote for the conference re- meet our obligations and respond to emergencies. port. the emergency. In fact, the conferees The same Congress that claimed to First of all, this is not a time to indi- had no trouble coming up with $5 bil- be saving the surplus for Social Secu- cate anything less than full support for lion more than what was asked for in

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 20, 1999 CONGRESSIONAL RECORD — SENATE S5665 military spending. But we couldn’t constitutes a congressional authoriza- President, that the Speaker of the come up with the money needed to help tion for the military action. I will not House refused to allow House conferees our beleaguered farmers and the rural vote for an authorization of money to accept a Senate amendment that economy. that may be construed as authorizing, would have freed up monies for pay- Finally, I also want to say a word or encouraging the expansion of, the ment of the United States debt to the about offsets for this bill. For the President’s military operations in United Nations. I find it somewhat puz- small portion of the bill that is offset, Kosovo. I will oppose the appropriation zling that House Republicans are on there was a beeline to go after pro- of almost $11 billion for a war I have record calling for a negotiated settle- grams that are vital to the most vul- consistently spoken out against. ment of the Kosovo conflict, yet are nerable in our society: food stamps and On March 23, I voted against Presi- not prepared to provide overdue pay- housing. Hunger and poverty remain dent Clinton’s decision to launch the ments to the organization that will persistent and pervasive problems in air campaign in Yugoslovia. On May 4, likely play a central role in imple- our society. Now we know these rescis- I voted against a resolution that would menting any peace agreement. I would sions are not genuine offsets, since have given the President blanket au- like to dwell on two major provisions there are not outlay reductions associ- thority to expand the operation. To of this bill which I support, namely the ated with them. So perhaps there is no date, I have not been convinced that aid to help Central America recover harm, but clearly these offsets should this war is necessary to protect a vital from the damage caused by Hurricane not lay the groundwork or create a national security interest, and I have Mitch and the funds to sustain our on- precedent for future rescissions that opposed efforts to escalate the conflict. going efforts in the Balkans. actually reduce program benefits. I have a number of secondary consid- The funds aimed at helping Central Again, on the whole, I will vote for erations with respect to this legisla- America recover from Hurricane Mitch the conference report. tion. I am concerned, for one, about stem from an emergency request the President made back in February. It is I just want to register my objections plundering the Social Security trust extremely embarrassing that it has to two major portions of the conference funds to pay for a war that involves no taken until May for the Congress to fi- report, farm assistance and tobacco, vital national security interest. If I be- nally get around to passing the nec- which I consider to be totally inad- lieved that vital national security in- essary legislation to provide relief for a equate. terests were at stake, I would consider natural disaster that occurred last fall. I yield the floor and yield the re- the argument to fund the war from the mainder of my time. I cannot overstate the degree to Social Security trust fund surplus. But which the storm ravaged Nicaragua, NEEDED SUPPORT FOR THE PAN AM 103 FAMILIES in the absence of a vital national secu- Honduras and other nearby nations. In Mr. KENNEDY. Mr. President, a sig- rity interest, I do not believe the Con- less than a week, Hurricane Mitch nificant provision in the 1999 Kosovo gress should pay for the war out of the claimed at least 10,000 lives—possibly supplemental appropriations bill will Social Security trust funds. as many as 20,000, left more than a mil- enable the Justice Department to pay I am also concerned about some of lion others without adequate food or for the travel expenses of the Pan Am the anti-environmental riders added to shelter, and set the economies of Nica- 103 families who wish to attend the up- the emergency supplemental bill in ragua and Honduras back as much as a coming Lockerbie bombing trial in The conference. These provisions should generation. The need for long-term Netherlands this summer. Existing law have been fully debated, and should international assistance is great. prevents the Department from using have gone through the normal legisla- In late October and early November federal funds to pay for this travel. tive process, instead of being slipped 1998, Mitch carved a slow, meandering Under this provision, the Justice De- into the bill in the dead of night. and deadly path through the Carib- partment’s Office of Victims of Crime I am disappointed that I can’t sup- bean. At the hurricane’s apex, Mitch’s will be able to use an existing reserve port this bill, because it contains fund- storm clouds stretched from Florida to fund to pay for the transportation ing for farmers hit by low commodity Panama and wind gusts topped 200 costs, lodging, and food at government prices. Some of this is funding that I’ve miles per hour. Meteorologists labeled per diem rates for immediate family argued for and, in fact, voted for in ear- Mitch a ‘‘Category 5 Hurricane,’’ the members of the Pan Am 103 victims. lier instances, including S. 544. But my highest such designation. The Department also plans to establish opposition to funding the military ac- Unlike other hurricanes, Mr. Presi- an 800 number and a web site to keep tion in Kosovo is firm. I can endorse dent, it was not Mitch’s winds which family members informed during the neither the authorization for the war, proved so deadly. By the time the trial. In addition, the Department nor the appropriations process that is storm crossed the Honduran Coast on plans to establish a compassion center, its genesis. October 29, 1998, its winds had slowed staffed with counselors, at the base in The PRESIDING OFFICER (Mr. to 60 miles per hour and the storm’s The Netherlands where the trial will be INHOFE). Who yields time? movement to a mere crawl. The tor- held, in order to help the families cope Mr. BYRD. I yield 5 minutes to the rential rain, however, did not abate. with the emotional strains of the trial. distinguished Senator from Con- The storm’s slow speed allowed it to The families of the victims of this necticut, Mr. DODD. continually pound the same area day terrorist atrocity have been waiting for Mr. DODD. I thank the distinguished after day. By the time the skies more than ten years for justice. They Senator from West Virginia. cleared, Mitch had dropped five feet of have suffered the deep pain of losing Mr. President, I rise to support the rain onto Honduras and Nicaragua. their loved ones, and that pain has Conference Report of H.R. 1141—the The massive flooding which followed been compounded by the Libyan Gov- Emergency Supplemental Appropria- claimed the lives of at least 10,000 Cen- ernment’s refusal for many years to tions Bill before us today. I do so reluc- tral Americans. That number, Mr. surrender the suspects accused of the tantly, however, because of the many President, is certainly shocking. Yet, bombing. Now the suspects are finally special interest riders that have been sadly, it is probably an understatement in custody and the trial will begin attached to this emergency legislation. of the actual loss of life. As many as soon. We can never erase the pain of In the final analysis I will support the twelve thousand other people in the re- the loss that the families have suffered, conference report because it provides gion are still missing and presumed but we can enable them to attend the critically important funds to assist dead. The Honduran government has trial and see that justice is finally American farmers, to support ongoing declared 5,657 dead and 8,052 officially done. I commend the House and Senate action against Yugoslavia, to relieve missing. In Nicaragua, at least 3,800 conferees for including this important the suffering of Kosovar refugees, and died. Smaller numbers perished in El provision to help these long-suffering to help Central America recover from Salvador, Guatemala and other coun- families. the devastating effects of Hurricane tries in the region. Mr. FITZGERALD. Mr. President, in Mitch. Mr. President, not since the Great the past, American presidents have ar- In light of all the other measures Hurricane of 1780, nearly 220 years ago, gued that a congressional appropria- that have been added to this bill, many has a storm claimed so many lives in tion for U.S. military action abroad of dubious merit, I deeply regret, Mr. the eastern Caribbean.

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5666 CONGRESSIONAL RECORD — SENATE May 20, 1999 Mitch also destroyed or damaged 338 the most solemn that this body or this States for leadership. They want to bridges, 170 in Honduras alone, leaving nation ever faces. And so, before I go know whether the United States will much of Honduras and Nicaragua ac- on, let me reiterate why the situation maintain its commitment to NATO and cessible only by helicopter. The lack of in Kosovo justifies, in fact demands, to this important operation. helicopters in the region and their lim- American military involvement. In refugee camps in Albania, Mac- ited capacity left thousands without Slobodan Milosevic has carved a edonia, Montenegro and elsewhere, adequate food and water for weeks place for himself amongst history’s hundreds of thousands of Milosevic’s while some of the food provided by most despicable tyrants. Serb forces innocent victims are listening; hoping international aid organizations rotted have murdered least 5,000 ethnic-Alba- that we will reaffirm our commitment at the airport. nian civilians and burned six hundred to them. Those who survived face the task of villages. To date, approximately 80 per- In the hills and forests of Kosovo, piecing the economy and mangled in- cent of Kosovar Albanians—more than men, women and children who are hid- frastructure back together. Meanwhile, 1.3 million innocent men, women and ing from soldiers and policemen are lis- more than a million people throughout children—have fled their homes in a tening to American radio broadcasts on the region, including one out of every desperate attempt to outrun Serb mili- portable radios. They are looking to five Hondurans, had to rebuild their tary and police forces. Nearly 750,000 the United States for hope and support homes and replace their personal pos- Kosovar Albanians have made it to the in their most desperate hour. relative safety of neighboring coun- sessions. And finally, tyrants around the tries and are now living under the most Honduran and Nicaraguan agri- world, but especially in Belgrade, are difficult of conditions. culture—a vital component of both judging our dedication to human rights economies—was decimated. Hurricane These numbers, however horrific, tell only part of the story. They cannot ex- and freedom. Mitch destroyed a quarter of Mr. President, we must send the Honduras’s coffee plantations and 90 press the pain of a family torn apart by blood-thirsty paramilitary policemen same message to all: The United States percent of the country’s banana plants. will not back down in the face of un- The entire shrimp farming industry or the pain of a young woman gang- raped by Serb soldiers. They do not ex- speakable evil. was destroyed. Damage to sugar and Just a moment ago, I mentioned that citrus crops was similarly heavy. The press the tears of a young child who spends each day wandering between the the President requested $6 billion for factories and farms of Honduras’s Sula the ongoing operation in the Balkans. Valley, which normally contribute 60 tents of a Macedonian refugee camp searching for his or her missing par- In just one month, however, that $6 bil- percent of the country’s GDP, were all lion bill has ballooned into a $14.9 bil- flooded. While Nicaragua was not as ents. They do not describe the pain, both physical and psychological, the lion monstrosity. The President’s badly damaged, the effects are still original request now represents well staggering: 20 percent of the nation’s victims of torture feel each day. Many members of Congress, myself under half of the total bill. coffee plantations were destroyed. included, have traveled to the region Regretfully, the majority of the new Newer crops such as citrus were com- and visited the refugee camps. We have spending is for non-emergency pro- pletely annihilated. seen the pain in the eyes of the refu- grams which fall far outside the origi- The process of rebuilding the shat- gees fortunate enough to have made it nal intention of the legislation. Such tered lives, infrastructure and econo- out of the killing fields of Kosovo. Mr. programs should rightfully be left to mies of Honduras and Nicaragua will be President, the look in the eyes of these the regular appropriations process. The long and expensive. The World Bank refugees defies description. issues this bill was intended to address and the United Nations Development The ongoing genocide in Kosovo is are simply too important to be em- Program estimate the total damage to antithetical to the most basic prin- broiled in political spending. Thus, the region at more than $5.3 billion. ciples on which the United States while I continue to support strongly While these numbers are difficult to stands. By acting to preserve the fun- the President’s original request, I sup- comprehend, they are even more damental rights of Kosovar Albanians, port the legislation before us with re- daunting given that the GDP of Nica- the United States is reaffirming our be- luctance due to the expensive, non- ragua is only $9.3 billion and that of lief that all people are endowed with emergency riders that were added dur- Honduras only $12.7 billion. certain inalienable rights, including I commend my colleagues for finding ing the House/Senate conference on the rights to life, liberty and the pur- this measure. the resources to assist our neighbors to suit of happiness. If, however, the the south who have called upon the Mr. President, the provisions of this United States chose to stand idly by in bill relating to Kosovo and Central international community in their hour the face of such grotesque evil, we of need. It is not only in their interest, America deserve our immediate atten- would draw into question our dedica- tion and support. The victims of moth- it is in our interest to assist them. It tion to human rights and our resolve to deserves our strong backing. er nature’s fury in our own hemisphere oppose dictators around the globe. and of Slobodan Milosevic’s genocide in The original intent of the President’s Our military, however, cannot effec- request for emergency appropriations Europe, as well as the brave American tively combat this evil if we in the men and women fighting under the from the Congress was to provide our Congress fail to offer them our support. American flag, need and deserve Amer- men and women in uniform with the One month ago, President Clinton sent ica’s support. For that reason I intend equipment and materiel they need to a request to Congress for $6 billion in to vote to support passage of this con- effectively strike the Yugoslav mili- order to fund our military operations ference report despite its imperfec- tary. While I am heartened by recent through the end of the fiscal year. That tions. reports of a possible diplomatic solu- money is included in this bill. tion, we must remain prepared to con- As we debate this issue, people far be- Mr. BYRD. Mr. President, the distin- tinue our military efforts in the ab- yond the walls of this chamber are lis- guished Senator from North Carolina, sence of an enforceable diplomatic so- tening to our words and watching our Mr. HELMS, has a very distinguished lution which meets NATO’s conditions. actions. Our men and women in uni- guest whom he wishes to present. I Mr. President, we must never take form throughout the region who are therefore yield for that purpose. the decision to send our service men putting their lives on the line each day I ask unanimous consent that no and women into harm’s way lightly. If want to know whether we in the Con- time be charged to the remaining a situation which is such an anathema gress will seize this opportunity to sup- speakers because of that fact, and I ask to the United States that it calls for port them. They need and they deserve unanimous consent following the intro- military action presents itself to us, the very finest equipment our nation duction by Senator HELMS, there be a however, we must vigorously support can muster—the type of equipment the recess of 3 minutes so Senators may our soldiers, sailors and airmen President’s original request will pay personally greet the distinguished through both word and deed. for. guest. As I just mentioned, the decision to In capitals across Europe, our allies The PRESIDING OFFICER. Without send our military into battle is one of are listening and looking to the United objection, it is so ordered.

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 20, 1999 CONGRESSIONAL RECORD — SENATE S5667 VISIT TO THE SENATE BY KING from California do that? Very simple: Mr. BYRD. I yield 1 more minute to ABDALLAH BIN HUSSEIN It is a very important bill that is be- the Senator. Mr. HELMS. Mr. President, the dis- fore us. Mrs. BOXER. So here we have a situ- I believe in what NATO is trying to tinguished Senator from West Virginia, ation where the Interior Department accomplish. I agreed with the Presi- as always, is gracious, and I thank him could use the money to help with our dent that we needed to find about $6 very much. As he indicated, we have parks and open space, and the oil com- billion for the military. It turns out it today a distinguished son of a distin- panies get another special rider on this is almost double that, that winds up in bill. It is the third time that has hap- guished father who has visited many this bill. The pay raise is taken care of. times. His Majesty, King Abdallah bin pened. Mr. President, I do not think I wanted to do an even higher pay that is the way to legislate. Hussein of Jordan. raise, but that pay raise—it is not an He has been visiting with the Senate Then we have an environmental rider emergency, it is an obligation. We have ORTON Foreign Affairs Committee and I placed in the bill by Senator G to back the pay raise in the regular ap- who now, I understand, is not even present him to the Senate. propriations bills. This is just another going to vote for this bill which has his f way to push dollars around. rider in it that does tremendous dam- I do not think it is fair to say that is RECESS age to the State of Washington by per- an emergency. I supported the funds in mitting a mine up there. Mr. HELMS. Mr. President, I ask there for America’s farmers, for Hurri- There are so many things in this bill unanimous consent the Senate stand in cane Mitch; those things were fine. But that do not belong in it. So it is with recess for 3 minutes. some of the riders in this bill really a heavy heart I say to my friends, for There being no objection, the Senate, were wrong, not only wrong in sub- whom I have great respect, I cannot at 3:37 p.m., recessed until 3:42 p.m.; stance but wrong to put in this bill. vote for this. I do not think everything For example, the rider that deals with whereupon, the Senate reassembled in there is truly an emergency. Yet I the tobacco funds from the tobacco when called to order by the Presiding think those things that were emer- lawsuit. It is not that I object that the Officer. gencies were left out. Federal Government will not get a Mr. BYRD. Mr. President, I yield 5 I look forward to working with my share of that—because I am willing to minutes to the very able and eloquent friends in the regular order so we can say it is fine, the Governors are the distinguished Senator from California, debate some of these important meas- ones who put their names out there and Mrs. BOXER. ures outside this so-called emergency they should get these funds. But to say The PRESIDING OFFICER. The Sen- designation. to the Governors who are getting our ator from California. I yield the floor. Mrs. BOXER. Mr. President, I rise for part of the reimbursement: By the way, Mr. CLELAND. Mr. President, I will spend it any way you like—we are the first time since I have been in the vote against the pending conference re- going to see Governors use that money Senate to oppose a supplemental appro- port because I believe it, and the policy to put a swimming pool in the Gov- priation. It hurts my heart because and process behind it, represent a ernor’s mansion; we are going to see there is so much in this bill that is shameful failure on behalf of our Amer- Governors use that to build a little good. But I have to say there is a lot in ican servicemen and women now in street in the neighborhood where this bill that does not belong in it, and harm’s way in the Balkans. there are some things left out of this maybe some of their donors live. I do not come from the school of This legislation before the Senate bill, one or two things, that I thought thought that Governors are better than today displays exactly what’s wrong were real emergencies that should have Senators. I think we run on a platform with Washington, including the United been in there. and most of us, most of us from both States Senate. There is much in the What started out as requests to fund parties, believe we need to take care of pending conference report on Supple- unexpected emergencies has turned the health care needs of our people. mental Appropriations which is ur- into a flurry of spending and riders Comes along this bill, comes along a gently needed and which I support. that simply do not belong in this bill. rider that says: Governors, you can American farmers need and deserve the The one area that I particularly cared spend that any way you want. Build a disaster assistance included in this leg- about, violence in our schools—which running track for your friends around islation. The Kosovar refugees need is an emergency by anybody’s measure the Governor’s mansion? Fine, no prob- and deserve massive resettlement and when parents are telling us, 75 percent lem, no strings. I have a problem with reconstruction assistance, of which the of them, they are concerned about that. We should make sure our Gov- pending measure provides at least a their children when they go off to ernors are taking care of the health down payment. Our servicemen and school—a very modest proposal by the needs of their citizens since part of women need and deserve the pay raise Senator from Illinois was turned down that money rightly comes from a re- it provides and above all, those who are by the House members of the con- covery that included Federal pro- on the front lines in the Balkans and ference after it was approved by the grams—Medicaid, as an example. elsewhere in the world need supplies Senate members of the conference. So Then there are three riders that deal and equipment. all kinds of dollars were found for with the environment in one way or However, in spite of these positive many things, but they could not find it the other. One has to do with oil royal- features, I will be voting ‘‘no’’ because in their hearts to do something about ties. This is about the third time that of the bill’s funding for an expanded, violence in the schools by providing antienvironmental rider has been open-ended war against Yugoslavia, some counselors, some afterschool placed in this bill, because colleagues which in my opinion, has not been ade- money so desperately needed in our know they cannot get the votes here. It quately and appropriately considered country today. is stopping the Interior Department by the Congress, and also because this I am happy for the Senator from from collecting the rent payments or important legislation has been used for West Virginia, that he was able to get the royalty payments from oil compa- petty provincial interests. In effect, a commitment for a crisis he is facing nies who drill on Federal land, tax- our servicemen and women are being in the steel industry in his State. I payers’ land. That money is being sto- held hostage while the bill has been agreed with him, that particular piece len from us. How do I know that? Be- loaded up with narrow amendments to of legislation and those funds should cause there have been lawsuits. And assist special interests, such as a gold have been placed into this bill, and every time the Federal Government mine in Washington state, a dormitory they were not. So I found this a very wins those lawsuits—I ask for 1 addi- for Congressional pages, and reindeer strange conference. I miss the Appro- tional minute, if I might. ranchers. priations Committee. I was on it for Mr. BYRD. Mr. President, how much While I have certainly observed this two beautiful years. So I sat and time do I have remaining under my same game of special interest influence watched at 1 in the morning as Sen- control? on the legislative process all too often ators and House Members debated. You The PRESIDING OFFICER. The Sen- since I have been in the Senate, this may wonder, why would the Senator ator has 18 minutes remaining. current case is particularly egregious

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5668 CONGRESSIONAL RECORD — SENATE May 20, 1999 because of the boldness of the special Too many Americans never came So, while I understand Senator interests and the apparent willingness home from that war, and others came GRAMM’s desire to make this bill fis- of too many of our national leaders to home unalterably changed in mind or cally honest and responsible, I cannot allow those interests to be placed body. I cannot in good conscience sit support his methods. Instead, we above consideration of the interests of here and watch it all appear to be hap- should defeat this bill and start again— our troops in the field. pening again. I will not support putting passing only what the Department of Our troops deserve better from all of American ground troops into Kosovo, Defense says they need to continue us. and I cannot vote for this conference their operations in Kosovo, only what I have spoken before my reservations report which, in my opinion, moves us is truly a domestic emergency, only about NATO’s current policy in the further in that direction. what is non-emergency and offset. Balkans and Congress’ abdication of Mr. KOHL. Mr. President, I rise in I have voted in support of the use of our Constitutional responsibilities strong opposition to the conference re- air power in Kosovo, a decision I made with respect to war powers. To say the port before us. It uses funds for undeni- solemnly, and I am willing to vote to least, neither of those reservations ably urgent needs—our operations in support funding the mission. This con- have been alleviated in this conference Kosovo, our rescue of struggling family ference report, however, contains report. farmers, our efforts to dig out from the money the Pentagon never asked for Our leadership, including both the hurricanes of last year and the tor- and that will never have an impact on Clinton Administration and NATO, nados of this month—to mask spending the situation in Kosovo. Almost five have failed to clearly state what our on unnecessary and unbudgeted urges. billion dollars in non-emergency de- mission is in the Balkans, what specific That is more than dishonest; it is dis- fense spending has been attached to the goals we intend to achieve, and how we graceful. It is like agreeing to let your President’s request without even allow- will end this mission. neighbors use your car to take their ing the Senate an opportunity to vote As perhaps the leading military ana- sick child to the hospital—if they also or debate these additions. Calling some lyst of the Vietnam War, Colonel Harry agree to pick up and pay for your gro- of these new military construction Summers, wrote in his excellent book ceries, your dry cleaning, a set of new projects an ‘‘emergency’’ is shameful. ‘‘On Strategy: The Vietnam War in tires for the car, and a pizza. Those projects cannot compare with Contest:’’ It is no surprise that people are cyn- the urgency in hurricane ravaged Cen- The first principle of war is the principle of ical about talk that comes out of tral America, the economic hardship ‘‘The Objective.’’ It is the first principle be- Washington. By adopting this con- faced by our family farms, or the plight cause all else flows from it. . . . How to de- ference report, we prove our work of refugees on the desolate hillsides of termine military objectives that will achieve means very little. We prove that the Albania. or assist in achieving the political objectives budget we endorsed just two months Obviously a great deal of munitions, of the United States is the primary task of fuel, and material have been expended the military strategist, thus the relationship ago was not a promise—it was pos- turing. We prove that we are more in- in our mission over Yugoslavia. The between military and political objectives is need to fund these operations, however, critical. Prior to any future commitment of terested in sound bites than sound ac- should not be an excuse to fund other U.S. military forces our military leaders counting. must insist that the civilian leadership pro- Mr. President, I understand that special-interest projects that were vide tangible, obtainable political goals. The there are genuine emergencies that re- never high enough priorities to be political objective cannot merely be a plati- quire us to spend beyond what we had placed in the tight military budget. tude but must be stated in concrete terms. anticipated for a given fiscal year. I Suddenly these projects are so impor- While such objectives may very well change will vote to fund such emergencies im- tant they are given emergency designa- during the course of the war, it is essential tion, when a few months ago they hard- that we begin with an understanding of mediately and work out the budget de- tails later. I also understand that there ly deserved mentioning, and were cer- where we intend to go. As Clausewitz said, tainly not worth including in the budg- we should not ‘‘take the first step without are supplemental spending require- et resolution Congress adopted in considering the last.’’ In other words, we ments that can come up during the March. (and perhaps, more important, the American year. And I will also support passing It is wrong for those who want a people) need to have a definition of ‘‘vic- supplemental appropriations bills and much larger defense budget to hold tory.’’ paying for them within the budget lim- Colonel Summers continues: hostage the emergency funds needed its we have set for ourselves. What I for the Kosovo operation, Central There is an inherent contradiction between find unconscionable is what we are the military and its civilian leaders on this America, and the devastated rural doing here today: attempting to get America—and it is wrong to go to the issue. For both domestic and international around the draconian budget resolution political purposes the civilian leaders want American taxpayers to pay their ran- maximum flexibility and maneuverability we passed in March by stuffing as much som. and are hesitant to fix on firm objectives. supplemental spending as possible in Thus, it is with some regret that I The military on the other hand need just this bill and then treating it as an must vote against this conference re- such a firm objective as early as possible in emergency. port. Regret, because there are a num- order to plan and conduct military oper- Given my strong feelings on this, I ber of very good things in this bill, in- ations. would like to clarify my vote to waive cluding funding that I worked hard to Mr. President, we’ve been here be- the Gramm point of order. Senator ensure would be there to help respond fore, and speaking personally, I know GRAMM, rightly I believe, raised many to the desperate situation of our family all too well the kind of price that is of the same issues that concern me. His farmer. paid by our men and women in uniform point of order, however, did a surgeon’s This bill provides $43 million for when our political leaders fail to lay job with a hatchet. His point of order Farm Service Agency personnel and out clear and specific objectives. More would have brought down spending $110 million and for the farm credit than thirty years ago, in Vietnam we that was truly emergency, and there- program requested by the Administra- also lacked clear and specific objec- fore was not offset—spending for hu- tion in response to the tremendous tives. We attempted to use our mili- manitarian aid for the Kosovar refu- credit crunch facing our Nation’s farm- tary to impose our will in a region far gees, for infusions of cash into the ers. The Farm Service Agency funds from our shores and far from our vital struggling farm credit system, for help- are needed to provide the support staff national interests, and without ever ing areas hit by natural disaster. The so USDA can deliver disaster assist- fully engaging the Congress or the point or order would also have brought ance promised to farmers last fall. The American people in the process. The re- down domestic spending that was not additional $110 million for USDA’s sult was a conflict where the politi- an emergency, but that the Appropria- farm credit program will provide essen- cians failed to provide clear political tions Committee went to great pains to tial loan guarantees to farmers as they objectives, but intruded in determining offset. There are over $2 billion in off- struggle through historically low military strategy, and where our policy sets in this bill, and the great majority prices. was never fully understood or fully come from cuts in nondefense pro- The conference report also includes supported by the American people. grams. $63 million for FY 1999 and FY 2000 to

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 20, 1999 CONGRESSIONAL RECORD — SENATE S5669 allow the USDA to provide technical cultural programs. Every single dollar in a mere 10 minutes, late at night assistance to landowners as they enroll of this aid is all the more critical be- among conferees without the necessary in USDA’s Natural Resource Conserva- cause Congress failed to support a expertise to determine whether this is tion Service environmental programs. funding level that would help producers the correct policy. Because of funding shortfalls, Wiscon- weather these difficult economic times. I want to add that I have spoken with sin’s NRCS has already stopped pro- I support the Harkin-Dorgan amend- officials at the White House who have viding technical assistance. That ment to add $5 billion to this agricul- shared their concern about these min- means thousands of acres of land, tural aid package during the con- ing provisions. I told them we must not ready to be returned to their pristine ference committee’s consideration of allow this action to be a precedent for state through the joint efforts of farm- this bill. Unfortunately, the amend- how we authorize new open pit mines ers and the USDA, are lying fallow. ment was rejected. Meanwhile, our on our public lands. We should debate Finally, I want to highlight another growers are left waiting for more reform of the 1872 mining law fully and provision I worked on in this con- meaningful assistance as they struggle in the bright spotlight of public review. ference report: food assistance to the under the so-called Freedom to Farm Protecting the public’s interest in Kosovar refugees. We have all seen the Act. their federal lands must be a top pri- news accounts, the pictures, and have This bill also contains vital funding ority. They agree. heard the terrible stories of tragedy for our military forces in the Balkans. I am also extremely disappointed this that the people in the Balkans are fac- I strongly support the Administra- bill will allow the states to allocate ing daily. Reports from that region in- tion’s original request for monies to the federal share of the multi-state clude hunger as another major problem support the Kosovo effort. I am fully agreement (MSA) with the tobacco that is hitting hardest among the chil- prepared to meet our responsibilities to companies to any program or project dren, the elderly, and the most vulner- our troops and personnel involved in they desire. I strongly believe we have able. Humanitarian food assistance, or this important NATO effort. It is un- missed an historic opportunity to re- PL–480 funds, have been diverted to fortunate the House insisted on adding verse the destruction caused by smok- Kosovo from other regions of the world billions of additional, unrequested ing. It is tragic to think that every day where serious needs exist. Funding for funding for defense projects, many of we delay reducing underage smoking, Kosovo food assistance was not in- which are unrelated to the NATO ac- 3,000 children will try this deadly cluded in initial versions of this bill, tion in the Balkans. I also endorse our habit. Five million children today will but without it, people in Africa, Ban- commitment to assist the millions of face illness and premature death due to gladesh, and other troubled regions refugees, who are victims of this unfor- smoking. Yet we are allowing the will continue to suffer from hunger and tunate conflict. states to spend the federal share on I, too, am pleased this bill provide deprivation. It is never good policy or any program they may chose. critical assistance to the victims of sense to rob Peter to pay Paul, but it is I am proud that in Washington state, Hurricane Mitch. This deadly and de- disgraceful when Peter and Paul are in- the state legislature and Governor structive hurricane decimated several nocent, starving children on opposite Locke chose to do the right thing and Central American countries, and has sides of the world. spend the settlement money working However, even with all these good been particularly difficult on families to eliminate the plague of tobacco. things, this conference report is the already surviving on subsistence levels. However, Washington state is only one harbinger of terrible things to come. The U.S. should have long ago signaled of three states using the MSA settle- By trying to slip so much non-emer- our commitment to lead the inter- ment funds to support public health ef- gency spending into this bill, the con- national effort to aid the victims of forts and smoking cessation. ference committee has acknowledged Hurricane Mitch. There is some irony in this debate that we cannot meet the genuine needs These important issues aside, I about the role of the federal govern- of our citizens within the budget that strongly oppose the rider on mining in- ment in spending so-called settlement was laid out in March. cluded in this bill. I do not accept the Mr. President, the American people argument put forth by several of my monies. The tobacco companies win deserve an honest budget, and they de- colleagues on the conference com- immunity from future prosecution or serve to know that we will meet their mittee that the supplemental appro- liability from the states of federal gov- emergencies in a forthright manner. I priations bill was the proper place to ernment and because of states’ inac- regret that we could not do that today. address an administrative interpreta- tion, the companies will be guaranteed If we pass this conference report, we tion of the 1872 Mining Law. Within a whole new generation of smokers. By will further and deservedly lose the this bill are two provisions that simply not standing firm and using these mon- trust of those who send us their hard are not emergencies and do not belong. ies to eliminate underage smoking and earned tax dollars. I urge my col- One is the further blockage of the De- reduce adult rates, the cost of care for leagues to vote no. partment of Interior’s implementing these individuals will be the burden of Mrs. MURRAY. Mr. President, I will regulations on hard-rock mining. the federal government and federal reluctantly vote for this supplemental The other provision is particularly taxpayers. As members of the Senate, appropriations bill for three primary troubling to me for it affects a pro- we will have to find the additional reasons: to provide our agricultural posed mine in my State of Washington. funding to pay for increases in Medi- producers at least a portion of the sup- Included in this bill is a provision that care, FEHBP, CHAMPUS, and VA port they need; to support our troops in blocks the Department of Interior from health care costs. Kosovo; and to assist the desperate enforcing a recent solicitor’s opinion I am disappointed that we could not Kosovar refugees and Hurricane Mitch interpreting allowable mill site reach an acceptable compromise that victims. I strongly oppose the mining acerage. That opinion reinterpreted the would have protected our children, al- rider added in the middle of the night 1872 mining law and limited the lowed states’ reasonable spending dis- to this emergency spending bill and am amount of mining waste companies cretion, and shielded the federal budg- saddened this Congress will not require could dump on public lands. For many et. I am hopeful we can continue to States to spend of the tobacco settle- years, my constituents and people work at the federal level to enact ment funds on actually preventing teen across the nation have been calling for tough, anti-tobacco restrictions, in- smoking or protecting public health. true reform of the 1872 mining law. cluding FDA regulation of tobacco and I very enthusiastically support the This late-night change is not what increased efforts by CDC to help the $109 million in this bill for direct and they have been asking us to do. The in- states reduce the burden of tobacco. guaranteed loans to provide credit for dustry knows these provisions would Let me address one more topic. This American agricultural producers. This not win approval in the normal legisla- bill transfers the Disaster Recovery and the other agriculture-related pro- tive process, so they sought riders on a Initiative (DRI) program, commonly visions in this bill are vitally impor- military and disaster relief appropria- known as the unmet needs program, tant to our growers, providing more tions bill. These are issues that deserve from HUD to FEMA. While I do not op- than $700 million for important agri- to be debated in full and in public, not pose this transfer, my concerns about

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5670 CONGRESSIONAL RECORD — SENATE May 20, 1999 it grew as Congress delayed its consid- ity to obtain information promptly and emergency aid is desperately needed, eration of this supplemental bill. Presi- methodically from fleeing refugee vic- and has not enabled OVC to provide dent Clinton declared two disasters in tims and witnesses and provide the in- emergency relief, crisis response or Washington state during calendar year formation to the U.S. Government, the training and technical assistance for 1998, including a slow-moving, on-going War Crimes Tribunal, and the public to victim service providers, as I intended. landslide in the Aldercrest community ensure that those responsible for these Accordingly, this week I offered an in Kelso. For a variety of reasons, atrocities will be held accountable. amendment to the juvenile justice bill, FEMA public assistance dollars will The funds will also enable the State S. 254—which was accepted in the man- not reach Aldercrest victims for some Department to provide documents to gers’ amendment—which would im- time. That makes the unmet needs refugees whose passports, identity pa- prove the law even further. It would money—now administered by FEMA— pers, and property titles were stripped ensure that OVC can provide efficient all the more critical. While I am frus- from them when Serb forces compelled and effective assistance—and really trated with the delay in this process, I them to leave Kosovo. Doing so will make a difference—for Americans am pleased we are moving forward once help counter President Milosevic’s cyn- whose lives are torn apart by acts of again. This conference report high- ical policy of ‘‘identity cleansing’’ and terrorism and mass violence occurring lights the conferees interest in ensur- facilitate the return of the refugees to outside the United States. ing Aldercrest victims get this disaster their homes. The funds are also in- In the meantime, the trial in the Pan assistance as quickly as is possible. tended to enhance our government’s ef- Am 103 case is getting under way, and Mr. President, this is a very difficult forts to ensure that victims receive the families of those victims need our vote for me. I chose not to sign the proper counseling for the unconscion- help now. This is an urgent matter, and conference report, but I support the able trauma they have suffered. I am glad that we are addressing it in bill to help our ailing agricultural pro- I commend the conferees for making this emergency bill. ducers, support our troops, and provide these additional resources available to OUTSTANDING CLAIMS assistance to refugees and disaster vic- achieve an effective human rights re- Mr. INOUYE. I have a few questions tims. sponse on Kosovo. for my colleague from Alaska on Sec- EFFECTIVE HUMAN RIGHTS RESPONSE TO Mr. LEAHY. Mr. President, in 1996, I tion 3021 of the bill which authorizes KOSOVO authored the Justice for Victims of the Attorney General to transfer funds Mr. KENNEDY. Mr. President, an im- Terrorism Act to provide assistance to available to the Department of Justice portant provision in the Statement of victims of terrorism and mass violence, to pay outstanding claims of Japanese the Managers on the 1999 Kosovo Emer- wherever it occurred. This assistance is Americans under the Civil Liberties gency Supplemental Appropriations limited to victims who are citizens or Act of 1988 and outstanding claims of Act recommends $13 million above the employees of the United States who are Japanese Latin Americans under the administration’s request for the Inter- injured or killed as a result of a ter- settlement agreement in the case of national Criminal Tribunal for the rorist act. Carmen Mochizuki et al .v. United States Former Yugoslavia. It also rec- Unfortunately, that legislation is not (Case No. 97–294C, United States Court ommends $10 million more than the ad- doing the job as we intended. There are of Federal Claims). ministration requested for the State still too many victims of terrorism Am I correct that this provision Department’s Human Rights and De- who are not getting the help they need would allow the Attorney General to mocracy Fund. and deserve—the help that Congress pay redress of $20,000 to Japanese The conferees on this legislation meant to give them in 1996. Among Americans who were interned by the have recommended these additional re- those left out in the cold are the fami- United States during World War II and sources to help support a more effec- lies of those killed in the downing of who filed a timely claim for redress tive human rights response to the Pan Am flight 103 over Lockerbie in under the Civil Liberties Act of 1988? Kosovo crisis. Many of us are deeply 1988, and the victims of last year’s em- Mr. STEVENS. That is correct. concerned over the escalation of bassy bombings in West Africa. Under the Civil Liberties Act of 1988, human rights abuses in Kosovo since Section 3024 of the emergency appro- the United States has paid redress to the breakdown of the Rambouillet ne- priations bill will provide a limited but more than 82,000 eligible individuals gotiations. The additional funding for immediate response by providing over the 10 year life of the program. El- the War Crimes Tribunal will enable it much-needed assistance to the families igible individuals under this Act had to to expand its investigative efforts to of the Americans who were killed in file a claim for redress by August 10, see that justice is done. the bombing of Pan Am 103. I am proud 1998. There were a number of individ- Justice Arbour has made a strong to have worked to get this emergency uals, however, who did not complete case that this funding is needed imme- provision included in the conference re- the documentation necessary for the diately for forensic investigative port. Department of Justice to determine, teams, mass grave exhumations, inves- Currently, in cases involving ter- prior to the termination of the Civil tigations, Albanian translators, equip- rorist acts occurring outside the Liberties Public Education Fund and ment, and other associated costs. United States, the Office of Victims of the expiration of the redress program America is the strongest support of the Crime (OVC) may only give supple- six months later, whether they were el- War Crimes Tribunal, and it is essen- mental grants to the States, for com- igible for redress under the Act. This tial for us to provide provide the addi- pensation of state residents. This for- provision would allow those individ- tional resources the tribunal needs mulation has not provided the intended uals, if they filed timely claims, to pro- without delay to ensure that those re- help to victims of terrorism who reside vide any necessary information to the sponsible for the gross violations of overseas and do not have a clear State Department of Justice, and allow the international law in Kosovo are residence, even though they are U.S. Department to complete its review of brought to justice. citizens. It is of little assistance to the their files. If the Department deter- I also strongly support the work of non-citizen victims employed by our mines that they are eligible, this provi- the State Department’s Human Rights embassies in Kenya and Tanzania, who sion allows the Attorney General to and Democracy Fund. The HRDF’s also deserve our support and assist- pay the claimants restitution under ability to respond quickly to emer- ance. And due to an overly restrictive the Act. gencies has enabled the Department to interpretation of the 1996 law by the Mr. INOUYE. In the case of Carmen begin documenting mass executions, Department of Justice, it has not pro- Mochizuki et al versus United States, rape, deportations, and torture. Unfor- vided help to the victims of the plaintiffs brought a class action tunately, its resources are stretched Lockerbie bombing and other victims against the United States seeking re- thin as a result of the large scale of of terrorist acts that occurred before dress for Japanese Latin Americans these atrocities. the Justice for Victims of Terrorism who were interned by the United the additional funds recommended by Act went into effect. States during World War II. The United Congress for the HRDF will enable the The current law has led to slower im- States settled this case. The settle- State Department to enhance its abil- plementation than I intended when ment provides that each eligible class

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 20, 1999 CONGRESSIONAL RECORD — SENATE S5671 member would receive a $5,000 restitu- even more importantly, to prevent tivities of concern to her and to others tion payment, to the extent there were more serious emergencies that will re- currently exists. The Statement of funds available in the Civil Liberties sult if this debris is allowed to obstruct Managers makes that point. However, Public Education Fund. Even though stream flows and cause flooding, ero- the purpose of her amendment is well this Fund has now terminated, does sion, and other economic and environ- taken in bringing to the attention of this provision also allow the Attorney mental problems. Could the Senators the Department that necessary admin- General to pay restitution to Japanese please explain how his conference re- istrative actions must be taken imme- Latin American individuals who are port addresses this situation. diately to address the emergency situa- found eligible under the Mochizuki set- Mr. KOHL. I thank the Senator for tion that remains. We do not here sug- tlement agreement and who filed time- her comments and I understand her gest that the Watershed and Flood Pre- ly claims covered by the agreement? concern about the need to provide de- vention Operations authorities be Mr. STEVENS. That is correct. Some bris removal assistance following the broadened to include ‘‘any’’ lands. In- of the class members in this lawsuit violent storms in her state and other stead, it is important for us all to rec- were paid $5,000 restitution before the states. The amendment of the Senator, ognize that reasonable steps by the De- funds in the Civil Liberties Education to which she refers, would have ex- partment should be taken to remove Fund were exhausted. However, there panded the statutory authority of the debris in question before it be- are a number of class members who NRCS to exercise debris removal ac- comes the cause of more substantial filed timely claims under the tivities on lands not covered by current losses in the future. Mochizuki settlement who were not law. This would not only have included Mr. COCHRAN. I thank the Senator provided with restitution because there the lands of which the Senator speaks, from Arkansas for raising this issue were no funds remaining. In addition, but could be interpreted to cover a and I appreciate the comments of my some class members were not able to wide array of other lands. It is our un- other colleagues on this subject. I complete the documentation necessary derstanding that statutory authority agree with the Senator from Wisconsin for the Department of Justice to deter- does exist for the debris removal ac- that the Department should exercise mine, prior to the termination of the tivities about which the Senator any preventive measures practicable as Civil Liberties Public Education Fund speaks, making bill language unneces- the best way to avoid more costly res- and the expiration of the redress pro- sary. However, certain administrative toration and rehabilitation in the fu- gram six months later, whether they actions by the Department will be nec- ture. were eligible for redress under the set- essary before these activities can be Mrs. LINCOLN. I thank my col- tlement agreement. This provision carried out. leagues for this explanation. would allow those individuals, if they From time to time, we are asked to Mr. GRAMS. Mr. President, I rise to filed timely claims, to provide any nec- provide emergency funds in response to oppose the 1999 Supplemental Appro- essary information to the Department natural disasters. Too often, there is a priations legislation. Let me make a of Justice, and allow the Department human cost to these disasters that we few brief remarks explaining why I will to complete its review of their files. If have no power to compensate. In other vote against it. I do so reluctantly be- the Department determines that they instances, the level of our assistance is cause some of this funding is nec- are eligible, or has already done so, appropriate and necessary for the task. essary, such as the agriculture spend- this provision allows the Attorney There are times, however, when the ing, and some is offset. I co-sponsored General to pay them restitution under sums required could have been reduced and strongly supported the Enzi the settlement agreement. had a little prevention been in place amendment to fully offset spending in Mr. INOUYE. I thank my colleague before the crisis struck. this bill. Since our colleagues on the from Alaska for the clarification on Obviously, the force of a tornado is other side of the aisle blocked this ef- this provision in the bill. such that mankind may never be able fort to be fiscally responsible, thereby CLEANUP FROM SPRING TORNADOES to control or overcome. The devasta- giving their support to this spending of Mrs. LINCOLN. Mr. President, I tion we all have witnessed this Spring Social Security surplus funds, I cannot would like to thank my colleagues, in several states including Arkansas, endorse this irresponsible spending. Senator COCHRAN and Senator KOHL, and more recently Oklahoma and Kan- The Concord Coalition, a bipartisan the chairman and ranking member of sas, was of such a magnitude in eco- watchdog of fiscal policy, calls this bill the Senate Appropriations Sub- nomic and human costs that calls for a ‘‘SAYGO’’ bill, and SAYGO stands for committee on Agriculture, Rural De- our assistance must not go unheard. spend-as-you-go. According to the Con- velopment and Related Agencies, for Now, however, we are faced with cord Coalition, ‘‘Congress is using the their help regarding clean up needs in choices about actions that might, at emergency spending loophole to create my state following the devastating tor- this point, prevent future damage and a new budgetary concept—spend as you nadoes that struck on January 21, 1999. future costs. go (SAYGO). I fully agree with the On that day, an estimated 38 tornadoes The debris of which the Senator de- Concord Coalition. Sadly, the term touched down in at least 16 counties in scribes is not only that which cur- ‘‘SAYGO’’ has captured the essence of Arkansas, a one-day record for the rently is obstructing stream flows or this legislation. number of tornadoes in a single state causing flooding or erosion, but it also However, there is nothing new about in one day. Eight deaths and scores of includes debris located in the imme- this practice. Congress has repeatedly injuries resulted. The storms damaged diate vicinity of those streams and wa- used this old trick on the American or destroyed two thousand homes, at terways. It takes little imagination to taxpayers as a way to expand govern- least 126 businesses, and various utili- envision another, far less intensive ment programs and escape budget dis- ties in eleven counties. As you might storm in the region that would cause ciplines. imagine, a tremendous amount of de- that debris to be removed directly into Let me remind my colleagues about bris is scattered throughout the dam- the steambed with substantial damage what happened last year. age area. and cost as a result, costs for which we As you recall, Mr. President, despite When the Senate considered S. 544, and the American taxpayers might the rhetoric of President Clinton and the supplemental appropriations bill very well be asked to compensate in Congress to use every penny of the which is now before us as the con- the near future. in this case, a little budget surplus to save Social Security, ference report to H.R. 1141, an amend- prevention today may save substantial last year, we spent nearly $30 billion of ment of mine was adopted that would sums tomorrow. That is why the Sen- the Social Security surplus for alleged direct the Natural Resources Conserva- ator is precisely correct and why we ‘‘emergency spending.’’ This was more tion Service (NRCS) to assist in the re- must ensure these needs are met. than one third of the entire Social Se- moval of debris left from those storms. The conference report now before the curity surplus for 1998. In last year’s It is extremely important that we pro- Senate does not include the bill lan- omnibus spending legislation alone, vide assistance necessary to remove guage the Senator offered earlier due Congress spent $22 billion, and nearly this debris in order to help restore to the fact that, as mentioned above, $9.3 billion in regular appropriations lands to a more productive state, but the statutory authority for those ac- was shifted into future budgets, a new

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5672 CONGRESSIONAL RECORD — SENATE May 20, 1999 smoke-and-mirrors gimmick, since we ations and support our troops in OBJECTIONABLE PROVISIONS CONTAINED IN are now hearing how impossible it will Kosovo and elsewhere. However, I don’t H.R. 1141, THE EMERGENCY SUPPLEMENTAL be to live within budget caps for FY believe we can use our immediate APPROPRIATIONS AND RESCISSIONS FOR RE- 2000. No wonder! needs as a vehicle for non-emergency COVERY FROM NATURAL DISASTERS AND FOREIGN ASSISTANCE FOR FISCAL YEAR END- In addition, few of these ‘‘emergency defense spending. General defense read- ING SEPTEMBER 30, 1999 spending’’ items were true emer- iness needs, such as a military pay BILL LANGUAGE gencies. Many of these dollars could raise and a pension benefits increase, is have been included in the annual ap- Bill language directing that funds made not an emergency and should be han- last year for maple producers be made avail- propriations process. dled through the normal budget, au- able for stream bank restorations. Report Last year’s irresponsible spending thorization and appropriations process. language later states that the conferees are used up the Social Security surplus we Again, if the spending cap is a problem, aware of a recent fire in Nebraska which were supposed to save, broke the statu- we should deal with that problem head these funds may be used. (Emergency) tory spending caps we promised to on, not by this back-door approach. Language directing the Secretary of the keep, and as a result made the caps Interior to provide $26,000,000 to compensate even tighter for this year. Further, this conference report is a Dungeness crab fisherman, and U.S. fish Clearly, that was a big mistake. Christmas tree that’s loaded not with processors, fishing crew members, commu- That’s why many of us believe we ornaments, but with plenty of non- nities, and others negatively affected by re- strictions on fishing in Glacier Bay National should end this practice before it be- emergency spending items under the guise of an emergency, totaling over Park, in Alaska. (Emergency) comes automatic and even more egre- A $900,000,000 earmark for ‘‘Disaster Re- gious in the future. In fact, that’s why $200 million. Even some emergency re- lief’’ for tornado-related damage in Okla- we passed this year’s Budget Resolu- lated funding is far above what is need- homa, Kansas, Texas, and Tennessee. This tion with a new enforcement mecha- ed and requested. For example, the earmark is a $528,000,000 increase over the nism which allows any Senator to raise President requested $370 million fund- Administration’s request and is earmarked a point of order against non-defense ing for FEMA, but the conference re- for ‘‘any disaster events which occur in the emergency designations in an appro- port has almost tripled that amount. remaining months of the fiscal year.’’ (Emer- This is not right. Attached is a copy of gency) priations conference report. In my Report language providing FEMA with es- judgment, this should include defense Senator MCCAIN’s list on the objection- sentially unbridled flexibility to spend as well. able provisions contained in this con- $230,000,000 in New York, Vermont, New Unfortunately, Mr. President, we are ference report. Hampshire, and Maine, to address damage re- repeating the same mistake in the 1999 My biggest concern is that we have sulting from the 1998 Northeast ice storm. Of Supplemental Appropriations bill. It promised the American people we will this amount, there is report language ac- knowledging the damage, and the $66,000,000 includes $15 billion of spending with an save every penny of the Social Security estimate of only $2.5 billion actually for buy-outs, resulting from damage, caused surplus exclusively for Social Security. by Hurricane George to Mississippi, and re- outlayed this fiscal year. So it is quite In the recently-passed budget resolu- port language strongly urging FEMA to pro- obvious this spending is a way to re- tion we included a provision to lock in vide sufficient funds for an estimated lieve some of the pressure on the FY $1.8 trillion of the Social Security sur- $20,000,000 for buy-out assistance and appro- 2000 spending caps. If the spending caps plus to save and strengthen Social Se- priate compensation for home owners and need to be lifted, let’s vote on that up curity. We are continuing to pursue So- businesses in Butler, Cowley, and Sedgwick front, not this way. I would not vote to counties in Kansas resulting from the 1998 cial Security lockbox legislation to Halloween flood. (Unrequested) lift the caps anyway, but it is a more prohibit Washington from continuing responsible way of handling what some $1,500,000 to purchase water from the Cen- to loot the Social Security surplus for tral Arizona project to maintain an appro- believe is a budget crisis. unrelated government spending. Now priate pool of stored water for fish and wild- The legislation was originally in- we are backing off from that promise, life purposes at the San Carlos Lake in Ari- tended to provide disaster relief to claiming we will make it up next year. zona. (Added in Conference) Central America and was later ex- I’ve heard that before. I believe this An earmark of an unspecified amount for Forest Service construction of a new for- panded to cover our military action in will damage our credibility and ac- Kosovo, which are necessary and im- estry research facility at Auburn University, countability with the American people, Auburn, Alabama. (Unrequested) portant spending. Even the agriculture as well as further endanger our already spending is necessary. But conferees Language directing that the $1,000,000 pro- damaged Social Security system. vided in FY 99 for construction of the Pike’s also added significant funding that is As I mentioned earlier, there are Peak Summit House in Alaska be paid in a not emergency-related and was not re- lump sum immediately. (Unrequested) quested by the President in the con- some good provisions I strongly sup- Language directing that the $2,000,000 pro- ference report. port in this bill. Frankly, some of the vided in FY 99 for the Borough of Ketchikan The conference report for this year’s provisions and funding will help my to participate in a study of the feasibility emergency spending bill includes $15 own state of Minnesota. But the non- and dynamics of manufacturing veneer prod- billion with only $1.9 billion offset. emergency spending which is not offset ucts in Southeast Alaska be immediately This means Congress is spending $13 overshadows these good provisions. I paid in a lump sum. (Unrequested) Language directing the Department of In- billion of the Social Security surplus, cannot in good conscience vote for this legislation. terior and the Department of Agriculture to which is over 10 percent of this year’s remove restrictions on the number or acre- Social Security surplus. Finally, the Concord Coalition chal- age of millsites with respect to the Crown The President requested $5.5 billion lenges us, I quote: ‘‘Fiscally respon- Jewel Project, Okanogan County, Wash- for military operations in Kosovo and sible Members of both parties should ington for any fiscal year. (Added in Con- Southwest Asia. But the conferees have put an end to SAY–GO by rejecting this ference) doubled that amount. As a result, Language which prohibits the Departments emergency supplemental.’’ They are of Interior and Agriculture from denying American taxpayers now have to pay right. Above all we must maintain the $10.9 billion additional for defense, mining patent applications or plans on the fiscal discipline and responsibility we basis of using too much federal land to dis- much of which should be considered in promised the American people. We pose of millings or mine waste, based on re- FY 2000 appropriations and was not an must keep our commitment to protect strictions outlined in the opinion of the So- emergency. These add-ons include $1.84 Social Security. I hope my colleagues licitor of the Department of Interior dated billion for military pay and pension in- will reject this measure. November 7, 1997. The limitation on the So- creases and $2.25 billion for spare parts, licitor’s opinion is extended until September depot maintenance and readiness train- Mr. President, I ask unanimous con- 30, 1999. (Added in Conference) ing. sent this list of objectionable provi- Specific bill language providing $239,000 to I believe we must allocate sufficient sions in H.R. 1141 be printed in the the White River School District #47–1, White RECORD. River, South Dakota, to be used to repair resources to ensure our national secu- damage caused by water infiltration at the rity and I am concerned about readi- There being no objection, the mate- White River High School. (Unrequested) ness. We must provide adequate fund- rial was ordered to be printed in the A $3,760,000 earmark for a House Page Dor- ing to maintain our military oper- RECORD, as follows: mitory. (Added in Conference)

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 20, 1999 CONGRESSIONAL RECORD — SENATE S5673 A $180,000,000 earmark for life safety ren- gram as proposed by the Senate, and adds Mrs. LINCOLN. Mr. President, this ovations to the O’Neill House Office Build- language providing that the definition of marks the third time I have been to ing. (Added in Conference) livestock shall include reindeer. (Emer- the floor to discuss the emergency sup- An earmark of $25,000,000 to provide for the gency) plemental bill. For months now I have construction and renovation of family hous- $12,612,000 for funds for emergency repairs ing units at Fort Buchanan, Puerto Rico. associated with disasters in the Pacific been trying to get my colleagues’ at- (Unrequested) Northwest and for the full cost of emergency tention about the extreme urgency of Bill language, added by the conferees, di- replacement of generating equipment at the items included in this bill. There recting that $2,300,000 be made available only Midway Atoll National Wildlife Refuge. are provisions included in this bill that for costs associated with rental of facilities (Emergency) were deemed an ‘‘emergency’’ back in in Calverton, NY, for the TW 800 wreckage. Report language acknowledging the dam- March of this year. In addition to the age caused by Hurricane George to Kansas. (Added in Conference) tornado-related funding we just ref- $750,000 to expand the Southwest Border (Unrequested) High Intensity Drug Trafficking Area for the Report language urging FEMA to respond erenced, I have received call after call state of New Mexico to include Rio Arriba promptly to the appropriate disaster needs of from farmers who have been anxiously County, Santa Fe County, and San Juan the City of Kelso, Washington. (Unrequested) awaiting the loan money that is tied Language where the Conferees support the County. (Unrequested) up in this supplemental appropriations use of the emergency supplemental funds to Bill language directing $750,000 to be used bill. Mother Nature does not wait for assist organizations such as the National for the Southwest Border High Intensity Technology Alliance for on-site computer Congress to act. The ideal planting Drug Trafficking Area for the state of Ari- network development, hardware and soft- window has already come and gone for zona to fund the U.S. Border Patrol anti- ware integration, and to assess the urgent several commodities in the South, and drug assistance to border communities in on-site computer needs of organizations as- Cochise County, AZ. (Added in Conference) yet, many producers have not been able sisting refugees. (Unrequested) A $500,000 earmark for the Baltimore- to put a crop in the ground because $200,000,000 earmarked for the Coast Washington High Intensity Drug Trafficking they do not have adequate funds for op- Guard’s ‘‘Operating Expenses’’ to address on- Area to support the Cross-Border Initiative. erating expenses. The money is in- going readiness requirements. (Emergency) (Added in Conference) Report language detailing partial site and cluded in this bill and it is critical that Earmarks $250,000 in previously appro- planning for three facilities, one which shall we act on this matter as quickly as priated funds for the Los Angeles Civic Cen- be located in the mid-Atlantic region, to possible. ter Public Partnership. (Unrequested) house non-returnable criminal aliens being While I am pleased that these funds Earmarks $100,000 in previously appro- transferred from the Immigration and Natu- are included, I am disappointed that priated funds for the Southeast Rio Vista ralization Service (INS). (Unrequested) Family YMCA, for the development of a more assistance is not provided to the A $1,300,000 earmark, for the cost of the agriculture community. If ever there child care center in the city of Huntington World Trade Organization Ministerial Meet- Park, California. (Unrequested) ing to be held in Seattle, WA. (Added in Con- was an emergency in this country, we Earmarks $1,000,000 in previously appro- ference) are seeing one now in rural America. I priated funds for the Maryland Department $1,000,000 earmarked for the management commend the distinguished ranking of Housing and Community Development for of lands and resources for the processing of member of the Senate Agriculture work associated with the building of Caritas permits in the Powder River Basin for coal- Committee, Senator HARKIN, on his ef- House and for expansion of the St. Ann Adult bed methane activities. (Unrequested) forts to provide additional assistance Medical Day Care Center. (Added in Con- $1,136,000 earmarked for spruce bark beetle ference) control in Washington State. (Unrequested) to farmers. I hope that my colleagues Bill language permitting the Township of A $1,500,000 earmark to fund the University will be ever mindful of the potential North Union, Fayette County, Pennsylvania of the District of Columbia. (Added in Con- consequences this country will face if to retain any land disposition proceeds or ference) we allow our producers to simply die urban renewal grant funds remaining from $6,400,000 earmarked for the Army National on the vine, and I strongly urge this Industrial Park Number 1 Renewal Project. Guard, in Jackson, Tennessee, for storm re- body to revisit the agricultural crisis (Added in Conference) lated damage to facilities and family hous- as soon as possible. $2,200,000 earmark from previously appro- ing improvements. (Unrequested) Some of my colleagues have chosen priated funds to meet sewer infrastructure A $1,300,000 earmark of funds appropriated needs associated with the 2002 Winter Olym- under P.L. 105–276 under the EPA’s Programs to use this bill, which is designed spe- pic Games in Wasatch County, UT, for both and Management for Project SEARCH water cifically for emergency needs, to fund water and sewer. (Unrequested) and wastewater infrastructure needs in the projects that would have a hard time $3,045,000 earmarked for water infrastruc- state of Idaho. (Unrequested) passing the laugh test of emergency ture needs for Grand Isle, Louisiana. (Added Report language clarifying that funds ap- spending. In spite of this, I will be cast- in Conference) propriated under P.L. 105–276 under the ing a vote in favor of this bill on behalf The conference report language includes a EPA’s Programs and Management for Project SEARCH water and wastewater in- of the brave servicemen and women provision which makes permanent the mora- representing our nation in the conflict torium on the new entry of factory trawlers frastructure needs for Grande Isle, Lousiana, into the Atlantic herring and mackerel fish- may also be used for drinking water supply in Kosovo, and on behalf of our na- ery until certain actions are taken by the needs. (Added in Conference) tion’s family farmers. appropriate fishery management councils. Report language which authorizes the use I thank the President, and I yield the (Added in Conference) of funds received pursuant to housing claims floor. for construction of an access road and for Additional bill language indicating that EMERGENCY COMMUNITY DEVELOPMENT BLOCK real property maintenance projects at Ells- the above-mentioned limitation on reg- GRANT FUNDING istered length shall not apply to a vessel worth Air Force Base. (Unrequested) The conference agreement includes lan- Ms. SNOWE. Mr. President, I rise re- used solely in any menhaden fishery which is guage proposed by the Senate directing a garding the conference report language located in the Gulf of Mexico or along the statutory reprogramming of $800,000 for pre- in the supplemental bill regarding the Atlantic coast south of the area under the liminary work associated with a transfer of authority of the New England Fishery man- transfer of emergency Community De- Federal lands to certain tribes and the State agement Council for so long as such vessel is velopment Block Grant funding from of South Dakota and for cultural resource used in such fishery. (Added in Conference) HUD to FEMA. Bill language directing Administrator of protection activities. (Unrequested) January 1998 will long be remem- The conference agreement includes a pro- General Services to utilize resources in the bered in the State of Maine because of vision proposed by the Senate that clarifies Federal Buildings Fund to purchase, at fair the scope of certain bus and bus facilities the extraordinary and historic Ice market value, not to exceed $700,000, the projects contained in the Federal Transit Storm that crippled the State. The United States Post Office and Federal Court- Administration’s capital investment grants combination of heavy rains and freez- house Building located on Mill Street in Fer- program in fiscal year 1999. The conferees di- ing temperatures left much of the gus Falls, Minnesota. (Added in Conference) rect that funds provided for the Canton- State under a thick coat of ice which REPORT LANGUAGE Akron-Cleveland commuter rail project in downed wires, toppled transformers A $28,000,000 earmark in FY 99, and a the Department of Transportation and Re- and snapped utility poles in two. At $35,000,000 earmark in fiscal year 2000 to the lated Agencies Appropriations Act for fiscal the peak of the storm more than 80 per- Commodity Credit Corporation to carry out year 1999 shall be available for the purchase the Conservation Reserve Program and the of rights-of-way in addition to conducting a cent of the entire State was literally in Wetlands Reserve program. (Emergency) major investment study to examine the fea- the dark. Vice President GORE best The conference agreement provides sibility of establishing commuter rail serv- summed up the situation during his $70,000,000 for the livestock assistance pro- ice. (Unrequested) visit on January 15, 1998, when he said,

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5674 CONGRESSIONAL RECORD — SENATE May 20, 1999 ‘‘We’ve never seen anything like this. colloquy between Senators BOND and from the 1998 supplemental and that This is like a neutron bomb aimed at D’AMATO, it was noted that $60 million Maine was slated to receive another the power system.’’ of this funding was meant specifically $2.158 million. HUD took this action de- The response from the federal gov- for the Northeast to help with the re- spite the fact that they had been in- ernment to our plight was for the most covery costs from the Ice Storm. Dur- formed by the VA/HUD Subcommittee part remarkable. The Federal Emer- ing the subsequent conference, that Chair and Ranking member, Senators gency Management Agency (FEMA), amount was dropped to $130 million, as BOND and MIKULSKI respectively, that the Small Business Administration, the House version of the bill only con- they ‘‘wait for final action by the Con- and the Department of Defense all an- tained $20 million for this purpose. gress on the program structure for the swered Maine’s call for immediate The Supplemental was signed into award of emergency funding for help. In addition, utility workers from law on May 1, 1998. On November 6, ‘‘unmet’’ disaster needs’’ and that ‘‘be- up and down the East Coast came to 1998, 11 months after the disaster and cause of a number of outstanding pro- work in freezing temperatures and haz- six months after the bill had been gram issues, we believe that HUD ardous situations to kill live wires and signed into law, HUD announced that it should ‘‘hold’’ all final award alloca- free remaining wires from downed trees was allocating approximately half of tions pending final congressional ac- and poles. These men and women the $130 million, including $2.2 million tion on S. 544.’’ So HUD’s allocation worked side by side with Maine’s util- for Maine. With an unmet need of more announcement was somewhat con- ity companies around the clock until than $70 million, this funding was sim- fusing as they did not have the author- ply unacceptable and made all the the lights were back on in every house ity to release the money. I request more so because HUD would not or in the State. unanimous consent that a copy of the could not explain the rationale behind I am here today, however, because HUD notice be included in the RECORD. the numbers. Phone calls were made, while the storm brought out the best in Secretary Cuomo told me on March meetings were held, letters were sent people across the State and in many 24 that the State should get their ap- federal agencies, we still have not re- and still we received no explanation. In the 1999 Omnibus Appropriations plication in response to the March 10 ceived the assistance we need from the bill adopted by Congress at the end of Federal Register in as soon as possible, Department of Housing and Urban De- the 105th Congress, $250 million was and the State delivered it to HUD on velopment. In fact the lack of help provided for emergency CDBG money March 25. from HUD has surpassed the storm in to cover disasters occurring in both On May 4, as conferees were working many people’s minds as the truly ex- FY98 and FY99. Secretary Cuomo told on the Supplemental, I received a let- traordinary event. me in a phone conversation on March 2, ter from Cardell Cooper, Assistant To understand fully, one has to know 1999 that he would use some of this HUD Secretary for Community Plan- the history. The Stafford Act which money to allow States dissatisfied with ning and Development, announcing provides FEMA’s guidelines for assist- their original allocation to reapply. that Maine would receive an additional ance covers public power companies. It This discussion occurred a few days be- $17,088,475 based on the State’s March will reimburse 75 percent of the costs fore the Senate Appropriations Com- 25 application under the March 10 Fed- related to a disaster. Because Maine mittee marked up the 1999 Supple- eral Register notice. This letter also and much of the Northeast have utili- mental that included language to noted that Maine’s money was subject ties that are investor-owned rather transfer the remaining CDBG emer- to Congressional action. than government-owned, we were ineli- gency funding from HUD to FEMA be- Mr. President, mere words cannot ex- gible to receive assistance from FEMA cause, according to the Senate Appro- plain the frustration that Mainers have for this purpose, despite the fact that, priations Committee report, experienced with HUD throughout this FEMA’s own Ice Storm ‘‘Blueprint for The Committee is concerned over HUD’s process. I am deeply grateful for the Action’’ noted that the greatest unmet continuing failure to implement an effective leadership that Senator BOND, Senator need from the storm is the cost of util- emergency disaster relief program for the MIKULSKI, Chairman STEVENS and the ity infrastructure. The ‘‘Blueprint’’ ‘‘unmet needs’’ of states with Presidentially- entire Senate Appropriations Com- declared natural disasters. Instead, the Com- also noted that ‘‘(The) HUD Commu- mittee have demonstrated in their nity Development Block Grant Pro- mittee believes that FEMA is the appro- priate Federal agency for addressing these willingness to work with us and to help gram can supplement other federal as- unmet disaster needs since FEMA has pri- us address Maine’s unmet needs. sistance in repairing and recon- mary responsibility for assessing and re- The conference report language on structing infrastructure, including pri- sponding to all natural disasters and for ad- this bill states that: vately-owned utilities . . .’’ ministering most primary programs of dis- The Department is directed to award the aster assistance. Utility reimbursement is of great remaining funds in accordance with an- concern to Maine as it was not only the In particular, FEMA is urged to review and respond appropriately to the needs of the nouncements made heretofore by the Sec- largest unmet need from the Ice Storm, Northeast for damage resulting from the ice retary, including allocations made pursuant but ratepayers in our State already storms of last winter. HUD failed to respond to the March 10, 1999 notice published in the pay the fourth highest utility costs in properly to these needs despite congressional Federal Register, as expeditiously as pos- the country. Without some federal concern over the ice damage. sible. help, ratepayers would have been called On March 5, 1999 I spoke again with This language directs HUD to live up on to cover utility infrastructure re- Secretary Cuomo when he called to ex- to its March and May promises of fund- pair costs through increased rates. press his concern that he could not ing for Maine to help pay for the unmet So the Maine Congressional Delega- publish the notice as OMB said that needs of the Ice Storm. tion joined with the delegations from the Senate Appropriations Commit- Mr President, with passage of the Vermont, New Hampshire and New tee’s actions on March 4 to transfer the Supplemental, Maine’s fifteen month York to obtain funding in the 1998 Sup- money from HUD to FEMA prevented journey for equity will hopefully end. plemental Appropriations Act to pro- him from doing so. After conversations We can now complete the recovery that vide money for the CDBG program to with OMB, I sent a letter to the Sec- began in January, 1998 and has dragged help our States complete their recov- retary detailing OMB’S response that on far too long. ery from the Ice Storm. Working with it was permissible to publish the notice Mr. ROCKEFELLER. Mr. President, I Senator BOND, Chairman of the VA/ as long as funding was not allocated. would like to comment today on the HUD Appropriations Subcommittee, On March 10, the Federal Register (p. Emergency Steel Loan Guarantee Pro- Senator MIKULSKI the Ranking Mem- 11943 to p. 11945) contained a notice gram which my distinguished colleague ber; and Appropriations Chairman STE- from HUD that provided a review for from West Virginia, Senator BYRD, VENS, we secured $260 million in the states unhappy with their original worked so hard to have included in the Senate’s 1998 Supplemental. funding allocation. Maine began work Senate-passed Emergency Supple- When the Senate considered this leg- at once on an application for this fund- mental Appropriations bill. Despite his islation, members from the Northeast ing. tireless efforts, the measure was spoke of the need for, and reasons be- On March 23, we learned that HUD stripped from the bill at the eleventh hind, this additional funding and in a had allocated the rest of the money hour for reasons which are beyond me.

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 20, 1999 CONGRESSIONAL RECORD — SENATE S5675 I take umbrage with the misleading which many steel producers are in billion of which is provided for fiscal moniker that some Members of the jeopardy of defaulting on because of year 2000. House Leadership have shamelessly the current crisis. Moreover, the cost The outlays flowing from this budget placed upon this vital program for par- of the program was $140 million to le- authority will reduce our budget sur- tisan political purposes. verage $1 billion in loans—that’s a good plus by $14.6 billion over the next five This program, far from being a hand- investment. I deeply regret that the years. In fiscal year 1999 and 2000, when out for any one company in my state of unwillingness of some Members of Con- the entire budget surplus is attrib- West Virginia or anywhere else, would gress to open their eyes to the plight of utable to the Social Security trust provide emergency relief for more than America’s steelworkers has resulted in fund, this bill spends $11 billion of the a dozen American steel producers who the loan program being removed from surplus. have been stricken by the effects of the this vehicle. That is very bad news for Additionally, $14.7 billion of the bill’s unprecedented surge in steel imports the many steel companies who stood to total spending is designated as emer- into the U.S. over the last year. This benefit from the program. Some of gency spending, so that it is outside of crisis, which has caused as many as them are now that much closer to join- the spending caps. $10.9 billion of the 10,000 layoffs at steel factories across ing the other four major American emergency spending is attributable to the nation and threatens as many as steel producers who have already been defense. 100,000 more jobs, has unfairly injured forced into bankruptcy by this crisis. Unfortunately, the efforts of my col- the credit ratings of America’s steel However, there remains time to re- league Senator GRAMM to remove the manufacturers by forcing them to com- verse this mistake. I hope that the nondefense emergency designations pete with dirt cheap foreign steel, Members of Congress, who did not un- failed earlier today. I supported him in which is often being sold in the U.S. at derstand the details of how this loan that effort, and I am disappointed that costs below that of production. program functions or the benefits that more of my colleagues did not join us. This legislation makes a mockery of If you ask me, this important crisis, it would bestow upon a large number of our budget process. I believe Congress without question, is appropriately clas- steel companies across the nation, will cannot continue to squander the econo- sified as an ‘‘emergency’’. If you ask reassess their position. We still have an my’s good fortune on a bigger, more the steelworkers who’ve either been opportunity to support this important invasive government. I believe the fis- laid off or who are the next to go, I bet program. I intend to work with Sen- cal restraints we all agreed to in 1997 they say the same thing. Ask their ator BYRD in moving this program on families and communities if this is an should be enforced, and I believe the another legislative vehicle. budget we passed just a few weeks ago emergency, and you’ll get the same an- Each of my colleagues knows how swer. The emergency is that our Amer- must be complied with. strongly I believe that this body must A soaring economy and the 1997 budg- ican steel industry is being pummeled act to address the import surge in a et agreement combined last year to by illegal foreign competition, and comprehensive way. However, I also produce the first budget surplus since that the imports are taking a very real know how vital the Emergency Steel 1969. What was Congress’ reaction? and devastating toll on the people who Loan Guarantee Program is to many We abandoned all fiscal restraint and depend on steel for their livelihood. U.S. steel producers. It is a critically passed a monstrous Omnibus spending The program that Senator BYRD pro- important stop-gap measure which bill which included a record $22 billion posed in the Senate-passed version of would allow companies like Weirton in emergency spending. the Supplemental Appropriations bill steel to remain in business long enough With CBO predicting an even bigger would have made it possible for many for the United States Senate to take budget surplus this year, $111 billion, of the most financially-unstable steel the tough and comprehensive action we are rushing to enact a $15 billion producers in this country to persevere which is necessary to protect our do- emergency spending bill. until we in the Senate can take deci- mestic industry from unfair foreign Since spending caps were instituted sive and comprehensive action to ad- competition. in the 1990 budget deal, Congress has dress the underlying cause of our do- Mr. President, I truly hope that we appropriated $132 billion in emergency mestic steel industry’s current predica- seize the opportunity to take up this spending; $70 billion since the end of ment—imports. The Emergency Steel measure again. Without it, steel com- the Gulf War. The average annual Loan Guarantee Program would have panies in a number of different states emergency appropriation from 1993 to made much-needed capital available to may soon find themselves the next vic- 1997 was $8 billion. those companies who have been the tims of our failure to aggressively en- I believe that Senators must decide if hardest hit by the import surge, and it force our unfair trade laws. they truly intend to abide by the budg- would have done so at minimal expense Mr. NICKLES. Mr. President, I do ets we pass, or simply ignore them. to the American taxpayer. The pro- not support the adoption of the con- As I have already mentioned, this bill gram just made good sense, and I was ference report on H.R. 1141, the fiscal includes $1.13 billion in new spending extremely disappointed to hear that year 1999 emergency appropriations for the Federal Emergency Manage- Members of the House Leadership in- act. ment Agency, partially offset by a $230 sisted that it be eliminated. My decision to oppose this bill was million transfer from the Community The argument was, from what I hear, not an easy one, Mr. President. This Development Block Grant program. that Senator BYRD’s provision was too legislation contains funding for our This $1.13 billion is in addition to the expensive and of benefit only to U.S. military forces in Kosovo, Iraq, $1.2 billion Congress has already appro- Weirton Steel Corporation in West Vir- Bosnia, and elsewhere around the priated to FEMA for fiscal year 1999. ginia. The fact is, Mr. President, that world. Regardless of my deep concerns While I support the work FEMA is Weirton was just one of more than a about NATO’s Kosovo operations, I re- doing to help my state recover from dozen companies which the Depart- alize that our military, already massive tornado damage, I believe the ment of Commerce determined would stretched to the limit by numerous for- funding in this supplemental is far be eligible for loans under this pro- eign deployments, needs the resources more than the agency needs. In fact, gram. All of these distressed companies provided by this legislation. Further, after touring Oklahoma tornado dam- have been doing everything in their this bill contains funding to help farm- age two weeks ago, the President asked power to survive the current crisis. I ers in Oklahoma who are finding it for an additional $372 million for know first hand the great lengths to hard to get credit, and it will make FEMA. I have been assured by FEMA which Weirton Steel has gone through sure disaster assistance for Oklahoma that they do not require resources be- simply to keep its head above water. In tornadoes does not deplete FEMA’s yond this request to accommodate the my state alone we’ve had nearly 1,000 funding reserves. Oklahoma disasters. layoffs as a direct result of the import Unfortunately, it is also fiscally irre- Unfortunately, the conferees on the surge. The Emergency Steel Loan sponsible. supplemental decided to pile on $758 Guarantee Program would have made H.R. 1141 provides $15 billion in new million more than the President re- it possible for companies across the na- spending authority, $13 billion of which quested. This extra funding has noth- tion to make upcoming debt payments is provided for fiscal year 1999 and $2 ing to do with FEMA’s current needs.

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5676 CONGRESSIONAL RECORD — SENATE May 20, 1999 It has everything to do with the appro- us. It is unfortunate that proponents of lenges. It used to be that way in the priations committee’s desire to ‘‘pre- turning over the federal share of the Senate. It’s not that way anymore. fund’’ the agency in an attempt to tobacco settlement to the states with- Now we fund our operations in Kosovo, avoid the fiscal year 2000 spending out any guidelines have taken this and we help the refugees, and we aid caps. backdoor approach. the hurricane victims, but at the same Mr. President, I commend the major- In essence, we have allowed our time we practice legislative extor- ity leader for his efforts to keep the hands to be tied by the states, who tion—we say to every Senator, ‘‘You cost of this bill down and remove some wish to use this money to cut taxes, fix want to vote for Kosovo? You want to of its objectionable provisions. How- roads and build new buildings, among vote for aid for hurricane victims? Go ever, I deeply regret that I cannot sup- other things. According to a recent ahead—but you have to vote to cut port this emergency supplemental survey conducted by the Campaign for vital housing programs for working spending bill. I believe we are losing Tobacco Free Kids, the majority of Americans across this country. And our grip on fiscal sanity, and I fear states, as of today, have no definite you need to vote to eliminate environ- that worse is coming later this year. I plans to spend a portion of the settle- mental regulations.’’ That’s not the plan to work aggressively throughout ment on programs to prevent children way we ought to do business in the U.S. this year to make sure we comply with from starting to smoke or to help cur- Senate, and I think it’s time we start the budget we enacted last month. rent smokers quit the habit. This ac- to talk about changing that course be- Mr. REED. Mr. President, I rise in tion is in direct contrast with the de- fore it contaminates public life any support of the supplemental appropria- sires of the majority of Americans who further. That is why I will cast my vote tions conference report. would like to see a major portion of against this emergency supplemental Mr. President, this bill is not perfect, this money set aside for tobacco pre- appropriations bill: to register my frus- and I realize that some of my col- vention and cessation programs and tration and my sadness with the way leagues do not believe it is worthy of health care to cover the cost of tobacco we now do business in the U.S. Senate. support. I disagree. This legislation related illness. In my state, Rhode Is- Before I say more about the damage meets several pressing demands that landers have resoundingly supported this bill does to so many of the vital we have a responsibility to meet. First, dedicating a significant amount of the areas of public policy in the United this compromise provides essential settlement for tobacco related activi- States, I must tell you that in many funding for our military operations in ties. respects I only have the liberty of vot- Yugoslavia as well as humanitarian aid I am saddened that we appear to have ing against this bill—of casting a sym- for Kosovo refugees. Without this fund- lost sight of the fact that the process bolic stone against legislative black- ing our fighting men and women will of suing the tobacco companies was not mail—because I know this bill will pass face equipment and material shortfalls so states could get more money for the Senate overwhelmingly. Critical and view a ‘‘no’’ vote as a lack of sup- roads or schools, but because for dec- investments for our troops in Kosovo— port for them and their mission. Sec- ades these companies purposefully de- which, as a veteran, as a citizen, and as ond, this legislation follows through on ceived the American public about the a senator, I have aggressively sup- a commitment we made to provide a dangers of smoking. As a result, gen- ported—will be made in spite of my long-overdue pay raise for our troops. erations of Americans have suffered vote against this bill. The truth is, if Third, this legislation provides disaster the adverse health effects of this cam- this were not the case, if my vote assistance to help our Latin American paign of deceit, and the federal govern- would have undermined in any respects neighbors recover from the hurricane ment spent billions addressing the our efforts in Kosovo, I would have had which struck that region so viciously health care needs of these folks. While to vote for this bill, in spite of the earlier this year, and it contains funds states were triumphant in reaching damage it does. I would have had to— to aid recovery from the recent spate this monumental agreement, what will regrettably—support this bill because of tornadoes here at home. Lastly, it the effort have been for if there is no we have a responsibility to support the extends the Airport Improvement Pro- change in teen smoking rates in this American troops we have committed gram which helps our nation’s airports country? overseas, and I would never stand by reduce aircraft noise and ensure avia- Lastly, I am concerned that the con- and allow the Senate to send what I be- tion safety. ference report contains a number of du- lieve is the wrong message to our However, I am disappointed that the bious environmental riders that should troops, and the wrong message to Conference Committee decided to re- be more fully debated as well as several Slobodan Milosevic about American re- tain the Hutchison-Graham tobacco budgetary off-sets that raise a number solve . I believe the United States, and settlement recoupment provision in of questions. In particular, as a Sen- NATO as a whole, must remain united this year’s Supplemental Appropria- ator who serves on the Banking, Hous- against the systematic killing, raping tions bill. This amendment clearly ing, and Urban Affairs Committee, I be- and pillaging of innocent Kosovar Al- does not deal with an ‘‘emergency’’ sit- lieve that the rescission of $350 million banian men, women, and children at uation and should, therefore, not be in- worth of Section 8 funds could jeop- the hands of Serb forces. The funding cluded in this legislation. I am also ardize the renewal of affordable hous- included in this supplemental appro- deeply concerned that we have not ing contracts for thousands of elderly priations conference report will pro- thoroughly considered the potential and low-income Americans, which vide support for the U.S. service men impact this provision will have on the would be a step backwards in our effort and women who are putting their lives federal budget in years to come. to increase the amount of affordable in jeopardy and will, I believe, give In essence, this provision usurps the housing in our nation. them a greater capacity to achieve our ability of the Congress to engage in a Thank you, Mr. President. military objectives in Kosovo. It will healthy debate about the use of the Mr. KERRY. Mr. President, I regret also provide the desperately needed re- federal share of the tobacco settle- that I have to come to the floor to cast lief for humanitarian efforts already ment. While many argue that the fed- my vote against the emergency supple- underway to assist the refugees in that eral government has absolutely no mental appropriations bill before the region. And these investments will be claim to this money, those assertions Senate today. When we face crises in made by the U.S. Senate, reflected in simply are not true. Current law dic- this country, when you have American our final tally. tates that the federal government men and women serving courageously I believe this Nation must have a bi- rightly has a say over the percentage it in Kosovo, when you have the borders partisan foreign policy, and that we contributes to the Medicaid program. in Macedonia and Montenegro over- can not afford to allow politics to en- Yet, instead of bringing this matter to flowing with refugees, and when you danger our troops. But I wish that the floor and considering it in an hon- have hundreds of thousands of hurri- more of my colleagues on the other est fashion, we are allowing an unprec- cane victims in Central America, you side of the aisle, those who included edented opportunity to make a real dif- would expect that the U.S. Senate provisions which cut directly against ference in the lives of millions of would be capable of coming together— the interests of low income working Americans completely slip away from unanimously—to address these chal- Americans and our environment, would

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 20, 1999 CONGRESSIONAL RECORD — SENATE S5677 also have a commitment to bipartisan- pay for emergencies which, by their na- The extraction of hardrock minerals ship on domestic issues of tremendous ture and by law, are not required to be like gold, silver and copper usually in- importance to so many working Ameri- offset with budget cuts. Only a very cludes the excavation of enormous pits cans struggling to keep their heads small portion of this $15 billion bill is and the use of toxic chemicals like cya- above water even in this great econ- offset with spending cuts. I am dis- nide, and its results have been destruc- omy we celebrate on the floor of the turbed, really, that some of my col- tive. According to the General Ac- U.S. Senate. The rescissions and leagues have chosen to make cuts to counting Office, there are almost changes in policy included in this Con- this program because they believe it is 300,000 acres of federal land that have ference Report will eventually hurt the politically vulnerable. HUD’s budget been mined and left unreclaimed. poorest Americans and will imme- should not fall victim to this type of Abandoned mines account for 59 Super- diately hurt our environment. That spending cut—and families struggling fund sites and there are more than 2,000 should not be acceptable in a Senate to stay off the streets shouldn’t fall abandoned mines in our national parks. which prides itself on its ability to do victim to this kind of politics. what is right for all Americans. I can I am not new to this game. I have The Mineral Policy Center estimates not in good conscience support these fought year in and year out against that the cleanup costs for abandoned measures. substantial cuts that have been made mines on public and private lands may I question what it says about our to the HUD budget. These cuts have reach $72 billion. Rather than reform commitment to helping those who are jeopardized the existing public housing the industry through comprehensive being left behind in this new economy, services and have undermined HUD’s legislation or proper execution of exist- that we could find the resources to pro- capacity to continue the Secretary’s ing executive branch authority, we will vide $983 million in disaster relief for ambitious program of reform or even once again block reform through a those whose lives were disrupted when just to make up for previous under- rider. Hurricane Mitch struck the Central funding of capital needs to meet our It is time that we put an end to this American nations of Honduras, Nica- Nation’s demand for affordable hous- policy of undermining the environ- ragua, El Salvador and Guatemala and ing. Last year, the Congress passed the ment, of gutting environmental protec- when Hurricane Georges struck in the first new section 8 vouchers in 5 years. tions, by slipping riders through the Caribbean last year—but we are cut- This rescission would reverse in large back door of every spending bill. We ting critical investments in housing for part the down payment Congress made ought to be a better Senate than that. working Americans. Hurricanes in Cen- in addressing unmet housing needs. At We ought to have our debates on the tral America have left almost 10,000 least 100,000 new vouchers are needed floor, in public, and if you want to pro- dead and have driven millions from to begin to address the outstanding mote a vision of an America where we their homes. The cost of damages to needs. This rescission moves us in the turn the environment over to polluters, businesses, hospitals, schools and indi- wrong direction. over to those who would destroy our vidual homes have been enormous. We As the ranking member of the Hous- natural resources, if that’s your vision, are right to provide assistance to the ing Subcommittee, as someone who then let’s debate it—and let’s end the victims of these hurricanes. But we sees first hand in Massachusetts the practice of environmental degradation ought to be able to do it without aban- struggles of so many families working through appropriations bills. doning thousands of our neediest citi- their fingers to the bone and trying to Before I yield the floor, I do want to zens here at home. stay off the streets, I can not support Today there are more than five mil- draw our attention to something in these draconian cuts in housing. this supplemental bill which I believe lion low-income Americans facing se- But this bill doesn’t stop there. Some is an important victory for Massachu- vere housing needs, receiving federal of my colleagues have included dan- setts, and for our fishermen. I am housing assistance. At least another 15 gerous environmental riders in this pleased that $1.88 million was included million Americans qualify for help but bill—in a practice that is becoming all for NOAA’s National Marine Fisheries do not receive it because of limited too common in this Senate. It wasn’t Service, NMFS, to promote cooperative budget appropriations. They suffer this way 15 years ago when I came management and research activities in from homelessness—600,000 Americans here, it wasn’t that way 30 years ago the Northeast multispecies fishery. homeless each night; 5.3 million Ameri- when Democrats and Republicans These funds will complement the $5 cans pay rents that are more than 50 worked together to write our first envi- million in emergency assistance that percent of their household income, or ronmental laws, but it’s that way was appropriated for Gulf of Maine live in severely substandard condi- now—even basic environmental protec- fishermen last November. tions—these are the severe housing tions have become a partisan fight— problems we once hoped to address. and the riders in this bill do serious Many in this Chamber know that too These families are one misfortune damage to our environment. Specifi- many fishermen in New England are away from homelessness. A child gets cally, the conference report includes experiencing economic hardship due to sick, a parent gets laid off—even for a three environmental riders that I be- new groundfish regulations recently week or two, the car breaks down, and lieve will set back environmental imposed in the Gulf of Maine. In order that family ends up on the streets. So progress, unnecessarily limit federal to help alleviate the negative effects of what are we doing in this supplemental revenues and undermine the legislative these new regulations, fishermen have appropriations bill? We’re rescinding process—and I oppose all of them. joined with NMFS in developing a $350 million from the Section 8 pro- The conference report extends the spending plan for the $5 million in gram that helps these families who are moratorium on issuing a final rule- emergency assistance. The plan pro- working through the tough times—and making on crude oil valuation until poses to compensate fishermen for lost we’re rescinding this money in spite of October 1, 1999. It restricts the imple- fishing opportunities that have re- the fact that the HUD budget in FY1999 mentation of the Department of the In- sulted from inshore groundfish clo- will already be almost $1 billion less terior Solicitor’s opinion on mining sures. Fishermen, in return, will make than it was in FY1994. This rescission that limits the number of millsites to their vessels available to take part in will result in a shortfall that will cause one five-acre millsite per patent. cooperative research projects. A por- the loss of subsidy and the displace- The environmental rider that I find tion of the $1.88 million will be used to ment of approximately 60,000 families. most egregious prevents the Depart- fund the cooperative scientific projects 60,000 families. It will make the current ment of Interior from issuing new rules that will be conducted by NMFS and waiting list crisis, where families must for hardrock mining on public lands. other institutions. In addition, some of sometimes wait years to find some re- This is the third time the Senate has the new funding will be used to employ lief, even more difficult to solve. attached such a provision to an appro- fishermen as scientific observers. This This isn’t the first time this has hap- priations bill. As a result, the hardrock new partnership will have a twofold pened. Year after year, HUD’s budget is mining industry continues to cause en- benefit. Cooperative research activities raided—targeted for cuts in 1995, in vironmental damage and costs the tax- will keep fishermen employed on the 1997, in 1998, and again this year—to payer. water while groundfish stocks recover,

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5678 CONGRESSIONAL RECORD — SENATE May 20, 1999 and this plan will promote a more con- Mr. BYRD. Mr. President, I ask unan- participation in NATO military oper- structive relationship between fisher- imous consent that the order for the ations in Kosovo and Yugoslavia. This men and NMFS with the goal of im- quorum call be rescinded. supplemental makes available $11.0 bil- proving management activities in the The PRESIDING OFFICER. Without lion in emergency, and contingency Gulf of Maine groundfish fishery. I ex- objection, it is so ordered. emergency, defense appropriations press my very real appreciation for the Mr. BYRD. Mr. President, I have no based on the crisis in Kosovo and the support of Senate Appropriations more requests for time. I yield my time closely related readiness crisis in our chairman, Senator TED STEVENS and back. armed forces. the Democratic ranking member, Sen- The PRESIDING OFFICER. The Sen- Of these funds, $10.8 billion are appro- ator BYRD, for including this provision ator from Mississippi. priated to the Department of Defense: in the conference report and for their Mr. COCHRAN. Mr. President, there The supplemental provides the $5.5 continued steadfast support of the New has been some conversation about dis- billion the President requested for England fishermen. aster assistance for farmers and com- military operations in Kosovo and De- In conclusion, let me just say that I plaints that this bill does not go far partment of Defense refugee assistance. fully support the American men and enough to address the needs in the ag- It also provides some very needed women who are putting their lives in riculture community for disaster as- readiness funding, specifically: $1.0 bil- jeopardy in the Kosovo region for a sistance. lion for procurement of depleted muni- mission which I believe in very deep- I point out to Senators that there are tions stocks; $1.1 billion for spare ly—as a veteran, I support their inter- funds in here that will provide guaran- parts, stocks of which have reached cri- ests very personally in fact. I would teed loans for those farmers who are sis proportions for some weapon sys- have liked to have seen the Senate having difficulty getting financing for tems; $700 million for overdue mainte- produce an Emergency Supplemental this year’s crop so that the Govern- nance of these same weapons systems; Appropriations Bill that we could all ment will guarantee the repayment of $100 million for recruiting to address vote for, unanimously. But this bill is that loan. That will allow them to get DoD’s retention crisis; $200 million to a far cry from that kind of legislation, loans they otherwise would not be able improve the declining training of mili- a far cry from the kind of bipartisan to get because of the inability to show tary personnel in high priority mili- foreign policy we demand from our that this year’s crop will produce a tary specialties, and $200 million to re- leaders in the United States. I am en- profit. pair aging bases. tirely disappointed that some members This is a real problem, and we are These are important additions that of the Senate have used this bill as a sensitive to that. We have had hearings clearly merit this additional funding vehicle to hurt low-income working on that subject, and we are aware of it. and an ‘‘emergency’’ designation. Some families and damage the environment In this conference report, we spell out, will argue that these adds for defense we all share. in addition to the funds I have talked are too much; others will argue, cor- Mr. President, we are a great country about already in the bill, the following: rectly I believe, that these readiness of Americans who care about each The conferees recognize the problems fac- increases are overdue. I have received other, who believe that we have a na- ing agricultural producers today and under- both official and unofficial reports of tional purpose and that part of the rea- stand that the actual needs for disaster as- extremely serious readiness problems sistance funds provided last year likely will son we are a special nation is that we in our armed forces. This additional exceed the projections of the Department of funding will just begin to address these help each other make it through the Agriculture. The Department of Agriculture times and make the most of our own has projected that net farm income will de- problems correctly. lives. We’re a great nation. We ought cline $3 billion below last year. The con- The legislation also makes $475 mil- to be a great Senate that reflects that ferees expect the administration to monitor lion available to the Secretary of De- sense of commitment to one another, the situation closely and if necessary, sub- fense for Military Construction for him and I look forward to the day when mit requests for additional funds to the Con- to use, under proper controls, as he those values return to this Chamber. gress for consideration. sees fit. Another $1.8 billion is provided The PRESIDING OFFICER. Who This acknowledges that the problems for military pay and pensions, subject yields time? are real. We know they are real. Last to authorization legislation that Con- Mr. BYRD. Mr. President, I have year was a big disaster in agriculture, gress may choose to enact. three additional speakers. I sent word and the Congress and the administra- Both of these latter additions are to them. Does the distinguished Sen- tion agreed to respond with a multibil- deemed ‘‘contingent emergencies.’’ The ator from Mississippi have any sugges- lion-dollar disaster assistance pro- money will only be expended if the tions at the moment? gram. Some of the farmers have not President agrees that the needs con- Mr. COCHRAN. Mr. President, I in- gotten the benefits of that program stitute an emergency and the funds tend to reserve our time until just be- yet. We provide funds to accelerate the should be spent for the stated purpose. fore the vote, if that is satisfactory. availability of those benefits from the The President need not spend these Mr. BYRD. Mr. President, if it is Department of Agriculture, and we are funds if he so selects. This, I believe, is agreeable with the distinguished Sen- meeting every request that has been an appropriate way to make these ator from Mississippi, I ask unanimous submitted by this administration for funds available. consent there be a recess for 3 minutes additional funds for that purpose. I strongly support these funds for our and it not be charged against the time. The conference is sensitive to those troops in the Balkans and for those in The PRESIDING OFFICER. Is there needs. We did reject an amendment other parts of the world who may soon objection? that was offered to increase the fund- find themselves also involved in this Mr. COCHRAN. We would just sug- ing, and we hope the administration troubling conflict. Regardless of our gest the absence of a quorum for that will let us know if additional funds are views regarding the conflict in the Bal- time. truly needed. kans, we must fully support our armed Mr. BYRD. We can’t call off a In many cases, it is impossible to de- forces being employed there and ensure quorum in 3 minutes if anybody ob- termine what the assistance needs will that their equipment and training is jects. be until after the crop year has begun. fully and completely supported. It Mr. COCHRAN. I do not intend to ob- In many places, we have not even seen would be dangerous and foolish to do ject and I hope no one would. planting, but we do think this is re- anything less. Mr. BYRD. Mr. President, I agree sponsive to that problem. The conferees also provide $1.1 billion with the Senator. I suggest the absence Mr. DOMENICI. Mr. President, I rise for humanitarian assistance to refu- of a quorum. in support of the conference report ac- gees from Kosovo. Congress provided The PRESIDING OFFICER. Without companying H.R. 1141, the fiscal year an additional $548 million above the objection, the time will not be charged. 1999 emergency supplemental appro- President’s request to aid refugees that The clerk will call the roll. priations bill. have fled Kosovo and the 20,000 that are The legislative clerk proceeded to The pending bill includes emergency temporarily resettling in the United call the roll. funding to finance the United States States. This is a significant infusion of

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 20, 1999 CONGRESSIONAL RECORD — SENATE S5679 resources to address an increasingly ica’s farmers following the $5.9 billion way we treat an OPIC program under desperate situation in the nations bor- in emergency aid approved by Congress title V of the Budget Act (The Federal dering Kosovo. last October. It is also important to Credit Reform Act), it violates section I commend the managers of the con- note that the conferees have taken 306 of the Budget Act. ference report for including the emer- swift action to ensure that sufficient We have consulted with CBO and gency aid to Central American coun- disaster aid through the Federal Emer- OMB, and both agencies say they will tries who suffered form the ravages of gency Management Agency, FEMA, is not change their treatment of OPIC Hurricane Mitch. This aid is for our available for Oklahoma, Kansas, and programs from past practices because neighbors who faced devastation of other Midwestern states that have been of this provision. Therefore I will not Biblical proportions last fall. The final severely damaged by recent tornadoes. aid package totals $814 million for the Mr. President, I will ask unanimous challenge this language, because I do not think the conference report will region. consent to print in the RECORD at the I remind my colleagues that the conclusion of my remarks a table by have any practical effect on credit re- United States has worked for more the Congressional Budget Office that form or our budgetary treatment of than a quarter of a century to help de- summarizes the spending in the pend- OPIC programs. velop democratic movements in this ing bill. I support this bill. It is largely an region. The need to move quickly and Mr. President, including offsets to emergency spending package that re- pass this funding cannot be overstated. some of the nondefense emergency and sponds to serious natural disasters at When I visited the region in December, non-emergency spending in the bill, the home and abroad, and to the NATO I was gratified to hear government net total of the final bill is $11.35 bil- military campaign in the Balkans and agencies and relief groups emphasize lion in BA and $3.7 billion in outlays the resulting tragedy of thousands of over and over again, ‘‘We want your for fiscal year 1999. An estimated $2.0 Kosovar refugees displaced during this help, not forever, but so we can begin billion in BA and $7.4 billion in outlays conflict. I urge the adoption of the con- to help ourselves and continue building will be expended in fiscal year 2000 ac- ference report. stable and democratic societies.’’ cording to CBO estimates of the bill. In addition to these critical items, Finally, I address an issue raised by Mr. President, I ask unanimous con- the final bill addresses the President’s the inclusion of a provision in the con- sent that the table to which I referred request for a $100 million appropriation ference report concerning the Overseas be printed in the RECORD. for Jordan under the Wye Peace Ac- Private Investment Corporation, OPIC. There being no objection, the table cord. The Congress also provides an ad- Because this language in the con- was ordered to be printed in the ditional $574 million for aid to Amer- ference report attempts to change the RECORD, as follows: SUMMARY OF FY 1999 SUPPLEMENTAL APPROPRIATIONS, H.R. 1141 [Conference agreement, by fiscal year, in millions of dollars]

1999 2000 2001 2002 2003 2004 2005 Beyond Total

Discretionary: Emergencies: Defense ...... BA 9,049 1,838 ...... 10,887 O 2,509 6,168 1,437 438 174 18 10 4 10,758 Nondefense ...... BA 3,733 43 ...... 3,776 O 1,073 1,090 741 497 346 226 24 10 4,007 Total emergencies ...... BA 12,782 1,881 ...... 14,663 O 3,582 7,258 2,178 935 520 244 34 14 14,765

Non-emergencies: Defense ...... BA 1 ...... 1 O 19 17 ¥13 ¥13 ¥4 ¥1 ¥1 3 7 Nondefense ...... BA ¥300 74 8 8 8 8 8 8 ¥178 O 76 85 18 ¥4 ¥5 ¥4 ¥4 ¥351 ¥189 Total non-emergencies ...... BA ¥299 74 8 8 8 8 8 8 ¥177 O 95 102 5 ¥17 ¥9 ¥5 ¥5 ¥348 ¥182

Total discretionary: Defense ...... BA 9,050 1,838 ...... 10,888 O 2,528 6,185 1,424 425 170 17 9 7 10,765 Nondefense ...... BA 3,433 117 8 8 8 8 8 8 3,598 O 1,149 1,175 759 493 341 222 20 ¥341 3,818 Total ...... BA 12,483 1,955 8 8 8 8 8 8 14,486 O 3,677 7,360 2,183 918 511 239 29 ¥334 14,583

Mandatory (1) ...... BA ¥1,135 ...... ¥1,135 0 ...... Total Bill ...... BA 11,348 1,955 8 8 8 8 8 8 13,351 O 3,677 7,360 2,183 918 511 239 29 ¥334 14,583 1 Includes Food stamp rescissions of ¥$1,250 million (assigned to appropriations committee) and grants-in-aid for airports supplemental of $115 million (assigned to authorizing committee). Source: Congressional Budget Office.

KOSOVO: A LONG ROAD TO NOWHERE? It also illustrates something seri- ously flawed and the only way we in Mr. MURKOWSKI. Mr. President, we ously gone wrong here in Washington, Congress can truly voice our opposition will soon vote on a $15 billion spending D.C. Only a small amount of these is voting where it hurts the most—the funds are subject to offsets—its as if pocketbook; and (2) this is a spending bill that will, among other things, fur- there is this notion, both in the Admin- bill gone mad—there is no fiscal ac- ther fund the war against Yugoslavia. istration and in Congress, that this is countability here, nor is there any no- Although the Administration requested ‘‘free money.’’ Well it’s not, Mr. Presi- tion of fiscal responsibility. some $6 billion for military and hu- dent. For every dollar spent, another This vote, at least for me, will be one manitarian needs for the Kosovo oper- priority loses out. And I can think of a of the toughest I have had to cast in ation, this amount has almost doubled, whole host of areas where this money my tenure in the United States Senate. and is well over $11 billion. Sadly, this would be better spent than in fighting I strongly support our military, and higher figure will not get our readiness a war in a part of the world where most am proud of our men and women in back where it needs to be—where we Americans can’t clearly identify on a uniform. I certainly do not want to could, at the drop of the hat, success- map. Tax cuts, Social Security, Edu- jeopardize our people who are charged fully wage two full scale wars at the cation, to name just a few. with carrying out this war. But even same time—as directed in the ‘‘Quad- I will vote against this bill for two so, this is not a vote against our mili- rennial Defense Review.’’ reasons: (1) our Kosovo policy is seri- tary—rather, it is a vote in opposition

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5680 CONGRESSIONAL RECORD — SENATE May 20, 1999 to the Administration’s seriously months before. There was a sense of op- Security. The Budget Resolution, flawed, if not inept Kosovo policy. timism that Russia might help broker which I strongly supported, called for No one disputes that Milosevic is a a diplomatic solution to Kosovo. The reduced debt and taxes, increased fund- bad person and that he should be possibility remains, but Russia is far ing for education and national defense, stopped. His brutal, persistent attacks less stable than previously thought: and maintaining the spending caps so on the Albanian Kosovar people is akin President Yeltsin survived an impeach- necessary to control spending. to Germany in the Second World War. ment proceeding, but he has again dis- Perhaps most importantly, the budg- But air strikes alone are not going to banded his government to the degree et resolution built in on-budget sur- do it—they will level Yugoslavia, de- that it is unclear who in Russia has the pluses from the year 2001 and beyond. stroy most of its infrastructure, ter- power to help negotiate an end to this This is significant because surpluses rorize its civilian population, and most crisis. that are accumulating in the Social likely, not be successful stopping The Chinese are no longer just a side- Security Trust Funds will no longer be Milosevic. line observer. While China has opposed used to finance on-budget operations of I do not believe that our war fighters’ the NATO bombings from the outset, it government. Social Security surpluses are being given sufficient latitude to didn’t have a dog in this fight until we should not be used to finance deficits make this mission a success. Their de- bombed their embassy in Belgrade. If a in the rest of government. cisions are subject to dual-review: (1) deal on Kosovo is reached, it will have The Budget Resolution stood in stark the ‘‘political’’ review of the White to pass muster with the Chinese who contrast to President Clinton’s budget, House; and (2) the ‘‘consensus’’ of our hold veto authority on the U.N. Secu- which, over the next five years, pro- NATO allies through every step of the rity Council. posed spending $158 billion of the So- war. We continue to bomb Iraq daily— cial Security surpluses on non-Social A few examples. General Clark’s re- stretching our Air Force readiness even Security programs. quest to deploy gunships continues to further. Saddam Hussein shows no The Budget Resolution, in addition be denied by ‘‘senior military advisors signs of letting up, and will most likely to preserving every penny of Social Se- in Washington, D.C.’’ Who are these use this as an opportunity to push us curity surpluses, also contained proce- people? The Joint-Chiefs of Staff? Or even further. dural hurdles blocking future budgets Sandy Berger and Madeleine Albright? And last, but not least, the Korean from spending Social Security sur- It took over a month to get Apache Peninsula continues to be a crisis in pluses. helicopters to the region; and they sit waiting. Starvation in North Korea is These procedures included a point of grounded because the ‘‘polls’’ show no rampant, food supplies are gone, and order against on-budget deficits and an support for a ground campaign. the country is undergoing one of the amendment calling for reducing the It seems to me that one of the first worst droughts in history. If the North debt ceiling by the amount of the So- priorities in waging a war is to cut off Koreans decide to engage us militarily, cial Security surplus—the lockbox pro- the supply lines of the other side—and we will be fighting three wars at the vision. oil, in particular, so that they cannot same time—beyond that envisioned by The Senate voted in favor of both the fuel their tanks and planes. our military strategists in the Quad- point of order and the lockbox by unan- Unbelievably, the NATO alliance re- rennial Defense Review, and perhaps imous votes during the budget resolu- fused to cut off the flow of fuel that much more than we are currently pre- tion. fires Milosevic’s war machine. Al- pared to do. In addition, the Abraham-Domenici- though the U.S. proposed a blockade to Again, we will soon vote on this sup- Ashcroft lockbox legislation, which is stop the oil, it was defeated by France plemental funding package. Over $15 still pending in the Senate, would put which opposed implementing a block- billion. And when the war is over, we these procedures into law, and ensure ade without a formal declaration of will be asked to vote on additional that Congress could not spend the So- war. funding to rebuild Yugoslavia. We will cial Security surpluses on non-Social We are executing massive, full scale probably vote to rebuild the Chinese Security purposes. air bombings every day; people are embassy in Belgrade. And if we approve Unfortunately, the supplemental ap- being killed; but the French believe a additional funds for the military cam- propriations package before us would declaration of war must be a pre- paign, the end costs of rebuilding undo some of the good work that we condition for a blockade. Yugoslavia will only continue to have already done this session. Our bombs have gone off course sev- mount. By not offsetting $13 billion of the eral times, hitting refugee convoys, the My vote does not undermine my sup- spending, the supplemental takes country of Bulgaria, and the Chinese port, concern or pride for our military. money from the Social Security sur- embassy in Belgrade—which is tech- But I do believe that a diplomatic solu- pluses, money that is necessary to pro- nically Chinese soil in Yugoslavia. tion to this problem should have been tect the Social Security trust funds. At least in the case of the Chinese found, can still be found, and must be Thus far, Congress has been com- embassy, it wasn’t the bombs at fault, found if we are to avoid the further es- mitted to stopping the raid on Social it was our intelligence. Although the calation of this war. Failure to do so Security. This Congress has passed a tourist maps in Belgrade accurately will cost us precipitously—not just in budget that is balanced without using place the Chinese embassy in that lo- dollars, but in American lives. Social Security funds. cale, our intelligence was using an out- I yield the floor. This conference report, however, not dated map that led them to believe it Mr. ASHCROFT. Mr. President, I rise only spends Social Security funds, but was a procurement center for the Ser- in opposition to the $15 billion supple- also contains $1.2 billion in traditional bian military. mental appropriations conference re- pork spending. The Chinese people are outraged, and port before us. The supplemental I refer to such spending as $45 million well they should be. But the American spends far more than is necessary to for Census funding, $3.76 million for the people should be just as outraged—not support our effort in Kosovo and, House page dormitory, and $1.8 million just by this bombing, but by the con- worse, will take vitally needed money for the O’Neill House building. tinued incompetence which has come out of the Social Security surplus, If this bill were just for Kosovo and to typify this policy. thereby raiding the Social Security true emergency spending, I would vote I fail to understand how waging this Trust Fund. for it. If this bill were fully offset, I war by NATO consensus is getting us Protecting the Social Security trust would vote for it. But this bill is nei- anywhere except more deeply involved fund is one of my highest priorities. ther all emergency nor all offset. This militarily, and less likely to find a dip- The Social Security system is expected bill, like the $21 billion omnibus appro- lomatic solution to this crisis. Mr. to go into deficit in 2014 and we will priation last fall, is an abrogation of President, wars should not be waged by need every dollar of that surplus today our responsibility to protect the Social consensus, and diplomacy should not in order to be prepared for the tomor- Security surplus. be directed by polls. rows ahead of us. Mr. President, this is not the way Internationally, the world is a much Until this point, the Senate has been that we should handle Congress’ re- less stable place than it was even two headed in the right direction on Social sponsibility over the federal purse

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 20, 1999 CONGRESSIONAL RECORD — SENATE S5681 strings. If we face real emergencies, we I am also glad that after a long delay emergency designation and we should should fund those emergencies. we have provided the necessary assist- pay for it with spending reductions. But funding those emergencies is not ance for Central American countries to However, of all the problems with free. We need to pay for all spending, recover from the devastation imposed this bill, I am most disappointed in the emergency or not. This is why I sup- last fall by Hurricanes Mitch and provisions related to the recent multi- port Senator ENZI’s attempt to make Georges. state tobacco settlement. These provi- sure that this entire appropriation is Mr. President, this bill also contains sions waive the Federal government’s offset. a provision that helps family members right to recoup its share of recovered If we do not offset our spending, the of the victims of the terrible Pan Am tobacco Medicaid costs without any money comes out of the Social Secu- 103 bombing to attend the trial of the guarantees that State governments rity surplus. There is no getting around charged criminals before the Scottish will spend even a penny of these settle- this fact. We must pay for any new court in the Netherlands. As you know, ment funds on tobacco control pro- funding. If we do not pay for it, it Mr. President, many New Jersey na- grams. comes out of the Social Security sur- tives were on that flight. These fami- Mr. President, these provisions— plus. lies have waited too long for justice to stuck into this large emergency supple- The Social Security program is too be brought, and I am glad that they mental appropriations bill—hand the important to be raided. While I recog- will be able to see it rendered first- tobacco industry a big victory. The to- nize the importance of emergency hand. bacco lobby wanted to avoid an effec- funding, particularly for Kosovo, I also The bill also provides $100 million for tive, nationwide anti-youth smoking recognize that spending needs to be Jordan, to help support its role in ad- effort. And unfortunately, it looks like paid for. vancing the Middle East peace process. their wish was granted. Mr. President, this request is not un- The region stands at a critical juncture Mr. President, some have character- reasonable. All across this great land, after the death of King Hussein and the ized this recoupment of Federal Med- when families face unexpected ex- election of Ehud Barak as Israeli icaid dollars as a Federal ‘‘money penses, they must offset their spending Prime Minister. I am glad we provided grab’’ of State dollars. Nothing could by readjusting their priorities. No fam- this down-payment for Jordan. Now we be further from the truth. ily in America would react to an unex- must follow through on our commit- It is without question that a large pected crisis by going out and spending ment for Israel and the Palestinian Au- portion of the state settlements with more money on other discretionary, thority per the Wye River Memo- the tobacco industry represents a re- non-budgeted items. All I am asking is randum the U.S. helped broker. covery of Federal funds. I should know, that the Congress do the same. Mr. President, despite these positive because I have been working with the This supplemental spends too much elements, the bill before us has many state attorneys general on these cases money and offsets too little of it. If we since they were filed. are to keep our financial house in flaws. It contains more than $6 billion in In fact, I introduced the first ‘‘To- order, and to protect the Social Secu- unrequested defense spending, far in bacco Medicaid Waiver’’ bill back in rity trust funds, it is time that we in excess of what it will take to prosecute 1996. At that time, I was joined by Mis- Congress started to change our behav- the air war against Milosevic. It sissippi Attorney General Mike Moore ior. If we are to maintain our Social Se- stretches the definition of what con- and Minnesota Attorney General Skip curity obligations, we need to learn stitutes an ‘‘emergency’’ to such an ex- Humphrey at the introduction of a bill how to spend less money, and offset tent that it mocks the notion of fiscal that would allow States to keep part of more. It is with regret that I feel obli- discipline. the Federal share of Medicaid. At the gated to oppose this conference report. This year’s concurrent resolution on time, there were only ten states suing, Mr. LAUTENBERG. Mr. President, I the budget established five explicit cri- and my bill was aimed at urging more support this supplemental emergency teria to guide the use of the emergency States to bring claims. appropriations bill. It is far from per- designation, which allows funding be- Mr. President, back then, none of fect, and I have serious reservations yond the discretionary caps. These cri- these pioneering state officials ever about some provisions. At the same teria relate to whether an item is (i) said that the Federal Government had time, the legislation would provide vi- necessary, essential, or vital (not mere- no right to Medicaid recoupment. It is tally important funding for our oper- ly useful or beneficial); (ii) sudden, a preposterous argument. The states ations in Kosovo, as well as several quickly coming into being, and not sued under the Federal Medicaid stat- other important provisions. So, on bal- building up over time; (iii) an urgent, ute—they knew that then and they ance, I have concluded that the bill de- pressing, and compelling need requir- know that now. serves my support. ing immediate action; (iv) unforeseen, Mr. President, there is no question Mr. President, of the $15 billion in unpredictable, and unanticipated; and under current law that a portion of new spending this bill contains, $12 bil- (v) not permanent, temporary in na- these settlements are Federal funds. It lion is to support our important mis- ture. is also important to note that the to- sion in Kosovo, to punish Slobodan Unfortunately, it is difficult to see bacco settlement signed by the States Milosevic for his brutal policy of eth- how some of this defense spending con- blocks the Federal government from nic cleansing, compel a political settle- stitutes an emergency. For example, seeking reimbursement for Federal ment, and facilitate the return of the while increasing military compensa- Medicaid costs caused by tobacco com- Kosovar Albanian refugees to their tion may be a laudable goal, it hardly pany misconduct in the future. So, in homeland. The tragedy in Kosovo rep- represents an emergency under these other words, the States waived our resents a turning point for NATO, Eu- criteria. rights too. ropean security, and American leader- I also am disturbed by the apparent Let me be clear: I think we should ul- ship in the 21st century. I am glad that disparate treatment of offsets. As my timately give this money back to the Congress has shown its support for the colleagues know, under the Budget States—but we must have guarantees President with the funding contained Act, funding for emergency spending that a portion of this tobacco in this bill for the military operation does not count against the discre- recoupment will be used to reduce and the humanitarian assistance. tionary caps and therefore does not youth smoking, assist children and The bill also contains funds to ensure have to be offset. For some reason, promote public health. that the International Criminal Tri- however, the Majority feels that offsets Mr. President, the provisions stuck bunal for former Yugoslavia can effec- are necessary—but for only for the ag- into this bill are bad policy and pri- tively investigate and prosecute the riculture and humanitarian emer- marily benefit one party: the tobacco perpetrators of the atrocities com- gencies, not the military portion. This industry. The losers will be America’s mitted in Kosovo and those in Belgrade double standard defies logic. If some- children. Because of this provision, who ordered them to carry out this thing is an emergency, no offsets more young people will begin to campaign of terror. They must be should be required. If it is not an emer- smoke. And many of them, ultimately, brought to justice. gency, then we should not use the will die as a result.

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5682 CONGRESSIONAL RECORD — SENATE May 20, 1999 Mr. President, that’s not right. And I I yield back any time I have and ask surplus that does not mean that the hope Congress will reconsider this deci- for the yeas and nays. battle has been won. It means that we sion in the future. The PRESIDING OFFICER (Mr. GOR- must continue to be watchful and en- Still, Mr. President, this conference TON). Is there a sufficient second? sure that the surplus continues to report does contain several other im- There is a sufficient second. grow. portant provisions, including funding The yeas and nays were ordered. Some of the items in this bill are for our operations in Kosovo. So, while The PRESIDING OFFICER. Is all true emergencies such as disaster relief I do so with some reluctance, I will time yielded back? in Oklahoma, livestock assistance and support it. All time having been yielded back, Hurricane Mitch relief. However, there Mr. COCHRAN. Mr. President, I yield the question is on agreeing to the con- are many items that are not emer- the remainder of our time to the dis- ference report to accompany H.R. 1141. gencies, like $48 million for a new sat- tinguished Senator from Alaska. The yeas and nays have been ordered. ellite for the Corporation for Public The PRESIDING OFFICER. The Sen- The clerk will call the roll. Broadcasting and $3.75 million for ren- ator from Alaska. The assistant legislative clerk called ovations to the House page dormitory. Mr. STEVENS. How much time do I the roll. have? There is $45 million for unanticipated The result was announced—yeas 64, costs associated with the census, to an The PRESIDING OFFICER. Three nays 36, as follows: minutes 12 seconds. accountant it seems that there needs Mr. STEVENS. I thank the Chair, [Rollcall Vote No. 136 Leg.] to be better cost control to prevent and I thank my good friend from Mis- YEAS—64 such things. There are millions of dol- sissippi for managing the bill for us as Abraham Feinstein Mikulski lars in examples of items that are not we had a distinguished visitor in the Akaka Frist Moynihan emergencies but have been designated Baucus Graham Murray as such. Many of these items should Appropriations Committee room. Bennett Harkin Reed Mr. President, there is a lot of con- Biden Hatch Reid have been debated in the fiscal year troversy about this bill, but I think Bingaman Hollings Roberts 2000 appropriations process. this bill represents the best of Amer- Bond Hutchinson Rockefeller Even while the economy is strong, I Breaux Hutchison Roth ica. We have reacted to crises abroad Brownback Inouye remain concerned about the debt that Sarbanes and crises in this country. Bunning Johnson Schumer we are in danger of passing on to our Byrd Kennedy There are items in this bill that are Shelby children and our grandchildren. In the not emergencies. While many people Campbell Kyl Chafee Landrieu Smith (OR) past, it seemed we were so tied to the are saying they should not be here be- Cochran Lautenberg Snowe immediate gratification we receive cause they are not emergencies, they Collins Leahy Specter from spending money that we didn’t Stevens are here because this is a supplemental Conrad Levin see the danger that looms in the not Coverdell Lieberman Thompson and an emergency bill. It is a bill that Daschle Lincoln Thurmond too distant future—the risk associated we can all vote for in good conscience, DeWine Lott Voinovich with spending ‘‘on credit’’ with reck- and I hope there will be an over- Dodd Lugar Warner less abandon. We still don’t acknowl- whelming vote for this. Domenici Mack Wellstone Durbin McConnell edge that danger. Again, I point out for the Senate that The genesis of this bill was to pay for NAYS—36 the men and women of the armed serv- the current military conflict in ices are aware of this bill. It means a Allard Feingold Kerry Kosovo. I fully support the troops and great deal to them. It is a symbol of Ashcroft Fitzgerald Kohl Bayh Gorton McCain I was prepared to vote to pay for the our commitment to the pay raise for Boxer Gramm Murkowski costs of supporting our men an women which we have already gone on record. Bryan Grams Nickles in uniform, but the supplemental goes It is a symbol that we are going to Burns Grassley Robb far beyond what I was prepared to sup- step forward to modernize the armed Cleland Gregg Santorum port. Many of these items are best left services. It is a symbol that we are Craig Hagel Sessions Crapo Helms Smith (NH) to the Department of Defense author- going to provide the money to assure Dorgan Inhofe Thomas ization bill or the Soldier’s, Sailor’s these people when they are sent over- Edwards Jeffords Torricelli and Airman’s Bill of Rights, which seas, whether it is Kosovo or in the Enzi Kerrey Wyden passed the Senate and contained a area of Iraq or in South Korea, or in The conference report was agreed to. much needed pay raise for the armed Bosnia—wherever it may be in those 93 Mr. LOTT. Mr. President, I move to services. The pay raise contained in the countries of the world that the Amer- reconsider the vote. supplemental jumps the gun. The ican service men and women are now Mr. HATCH. I move to lay that mo- House should have the opportunity to serving—we are going to stand behind tion on the table. consider the authorizing legislation be- them and give them all the support The motion to lay on the table was fore the money is appropriated. they need not only for their safety but agreed to. Just passing a balanced budget reso- for their comfort. f The passage of this bill will mean lution is not enough. Congress must OFFSET OF EMERGENCY SUPPLE- that we can now go ahead with the bal- continue to be on watch for attempts MENTAL SPENDING LEGISLA- ance of our necessary actions in the to violate not just the letter of resolu- TION Appropriations Committee. We have 13 tion, but the spirit through spending full bills that come forward. I hope this Mr. ENZI. Mr. President, as the sup- bills that are not offset. This Legisla- will be the last supplemental of this plemental appropriations conference tion will ensure that the bill fits under year. I join the majority leader in not report stands, it is currently $13.3 bil- the spending caps and that the surplus welcoming supplemental bills. But I lion out of balance. Only $2 billion of is protected. know there are times when it is nec- the spending in this bill is offset and As a body, we have been seriously de- essary; and this one is necessary. my bill will ensure that Congress fol- bating locking up the Social Security Anyone who looks at our involve- lows the rules and not dip into the So- surplus to ensure that the money will ment in the world knows that we can- cial Security surplus to fund all the be there to honor America’ contract not calculate in advance the costs of truly non-emergency items in the sup- with our senior citizens. Now we have a events, such as the Kosovo operation, plemental appropriations bill. bill that dips into the surplus to pay both militarily and in regard to refu- The legislation that I have intro- for a Christmas tree of items under the gees. These were things that came up duced imposes much needed fiscal dis- false pretenses of an emergency. This is after we planned expenditures for 1999 cipline. I have been working for a bal- exactly what the lock box was designed in the fall of last year. anced budget since I was first elected to prevent. I urge my colleagues to I urge the Members of the Senate to to the Senate and the supplemental be- support this legislation. vote for this bill. I urge that we, as gins the process of undoing that work. Mr. President, I ask unanimous con- quickly as possible, get it to the Presi- Congress must not go back to the old sent that the text of the bill be printed dent so he can sign it today. spending rules—just because we have a in the RECORD.

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 20, 1999 CONGRESSIONAL RECORD — SENATE S5683 There being no objection, the bill was Mr. President, under the Balanced No. 355, after 20 minutes of debate to be ordered to be printed in the RECORD, as Budget Act of 1997, Congress, the Presi- equally divided in the usual form; fol- follows: dent, and the American people agreed lowing that vote, if agreed to, the Sen- S. 1097 to cap the growth of our Government’s ate immediately agree to an amend- Be it enacted by the Senate and House of Rep- spending programs. In doing this we ment to be offered by Senator HARKIN. resentatives of the United States of America in were able to balance the budget and I further ask that following the dis- Congress assembled, head down the path of fiscal responsi- position of the above two mentioned SECTION 1. OFFSET OF EMERGENCY SUPPLE- bility. We have agreed under the law to amendments, if the Ashcroft-Frist MENTAL SPENDING. Not later than 15 days after Congress ad- these spending caps. We should not now amendment is agreed to, the following journs to end the first session of the 106th turn our backs on the commitment we be the only amendments remaining in Congress and on the same day as a sequestra- made to the American people, by going order and under a time agreement tion (if any) under sections 251 and 252 of the back on our word and breaking this equally divided, and all other provi- Balanced Budget and Emergency Deficit agreement with them. sions of the previous consent of May 14 Control Act of 1985, the Director of the Office Because of this commitment to the still be in place. of Management and Budget shall cause, in American people, Congress must not The amendments are as follows: The the same manner prescribed for section 251 of bust these spending caps. Bond amendment regarding the film that Act, a sequestration for fiscal year 2000 of all non-exempt accounts within the discre- In that same vein, at the zenith of industry, 30 minutes; the Biden amend- tionary spending category (excluding func- our success to have finally balanced ment, 45 minutes, with 30 minutes tion 050 (national defense)) to achieve a re- the Federal Government’s budget for under the control of Senator BIDEN and duction in budget authority equal to the first time in 29 years, we ought not 15 minutes under the control of Sen- $13,303,000,000 minus the dollar amount of re- look to spend $13 billion we don’t have. ator HATCH. imbursements identified in the report re- We can ill afford to use our first wave I further ask that following the dis- quired by section 2005 (efforts to increase of surpluses, especially the surpluses position of the above-listed amend- burden-sharing) of the 1999 Emergency Sup- plemental Appropriations Act. garnered from the Social Security ments, the bill be advanced to third trust fund to pay for this supple- reading and passage occur, all without Mr. GRAMS. Mr. President, I rise in mental. We can ill afford at this crit- any intervening action or debate. strong support of Senator ENZI’s bill to ical juncture to break our pledge to our Mr. DASCHLE. Mr. President, reserv- offset all of the nonemergency funding seniors over social security, not to the ing the right to object, and I will not in the supplemental with an across the public over keeping our budgets bal- because I think we need to move quick- board cut in non-defense discretionary anced. ly here, I want to thank all those who accounts. As one who vigorously opposed the In closing Mr. President, I believe are responsible for getting us to this omnibus appropriations bill of last Senator ENZI’s bill, of which I am an point. This has taken some cooperation year which resulted in spending far original cosponsor, is right on the on the part of both sides. I especially above our commitments, I was sur- mark. We need to use common sense in want to thank Senators HARKIN, prised that here we have yet another budgeting in our Nation’s Capitol. ASHCROFT, FRIST, BIDEN, WELLSTONE attempt to circumvent our budget Granted we have several emergencies and others who have been very helpful. principles—and to spend part of the So- confronting us, from the disasters that I have no objection. cial Security surplus nearly all of us have hit our constituents across the Mr. HARKIN. Reserving the right to pledged to devote only to Social Secu- land, the need to increase FEMA’s object, I am sorry that I did not hear rity. funding to meet these needs, des- the entire request, but the situation, as While there are true emergencies in perately needed funds for our farmers— I understand it, prior to right now, was the supplemental I support, such as the including my provision to the bill that that after the supplemental, we were agriculture spending and funds directly will help our farmers to qualify for dis- coming back to the Frist-Ashcroft related to our Kosovo operation, I aster funds, up to the need to support amendment and I was to be recognized. strongly oppose inclusion of other de- our troops in Kosovo. But—we must The PRESIDING OFFICER. The Sen- fense spending that clearly should be pay the bill. I support Senator ENZI and ator is correct. considered in the normal appropria- our other cosponsors, by calling for re- Mr. HARKIN. What does this do to tions process. And I oppose beefing up duced spending in other federal pro- that? the FEMA budget three times over the grams in order to fund these necessary Mr. LOTT. This would obviate that President’s request as well. What all of emergencies. This is truly the only way and we would move forward with the this is about is just a gimmick to claim this Congress can justify spending procedure that is outlined. We would we are not breaking the caps as we pro- money we don’t have. proceed to vote on or in relation to the ceed into the fiscal year 2000 appropria- Mr. LOTT. Mr. President, I have Ashcroft amendment with time equally tions process by providing some fund- sought recognition to make a couple of divided for 20 minutes, and then the ing now. The last estimate I saw indi- unanimous consent requests. Senate would immediately agree to the cated only $2.5 billion of this funding First, I want to commend the chair- amendment offered by Senator HARKIN. will be outlayed in this fiscal year. man of the Appropriations Committee Mr. HARKIN. As I understand it, So—why are we appropriating $15 bil- for his work on the supplemental ap- what you are saying is right now we lion? propriations. It is never easy for him, would have 20 minutes? Mr. President, I have no objection to but it is easy for us to second-guess Mr. LOTT. Right. Equally divided in this additional spending—if we pay for and be judgmental. In his unique way the usual form. it. Senator ENZI’s legislation, which I he does a magnificent job. Mr. HARKIN. Then you would vote have cosponsored does pay for it. This f up or down on the Frist-Ashcroft is the responsible thing to do, since amendment, and then there would be— VIOLENT AND REPEAT JUVENILE most of this bill—over $13 billion is not then what? ACCOUNTABILITY AND REHA- emergency spending. Mr. LOTT. Then we would go directly Those who believe in integrity of our BILITATION ACT OF 1999 to the agreement to accept the Harkin budget process and in the need to pre- The Senate continued with the con- amendment. serve Social Security will vote for this sideration of the bill. Mr. HARKIN. OK. I am OK with that. bill. Mr. LOTT. I believe the procedure is I must be very honest with you. I Mr. SESSIONS. Mr. President, I rise that Senator HARKIN would be entitled have been waiting some time to be able in support of Senator ENZI’s bill to off- to the floor, but this unanimous con- to at least make my case on the floor. set the supplemental appropriations sent agreement will take care of that I have been more than willing to set bill. problem and we will be able to move everything aside and to let the process Senator ENSZI’s bill is consistent forward. go ahead since yesterday. But I must with my belief that we must pay for I ask unanimous consent that the tell you that since yesterday I have this emergency supplemental bill with Senate proceed to vote on or in rela- been waiting to get at least 15 to 20 offsets. tion to the Ashcroft-Frist amendment, minutes where I could just lay out my

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5684 CONGRESSIONAL RECORD — SENATE May 20, 1999 case on the Frist-Ashcroft amendment call to action to us as families and is simply not true. Nothing in Federal on IDEA, the background of it. I just churches and schools, as communities, law limits them from immediately re- believe I have to. I want to be able to as leaders in government, to take posi- moving him and keeping him out as fully make my case against the amend- tive, constructive steps to make our long as that child is a threat to himself ment. I do not want to take a lot of schools places of learning and not of or others. Let me repeat that, the time, I do not want to filibuster it, but fear. But let’s not use these tragedies school can remove that child imme- I would like to have 15 or 20 minutes of Littleton and other schools to take diately and keep them in an alter- just to lay out my case. That is all. emotional, unfounded—although well- native setting indefinitely as long as Mr. LOTT. Mr. President, perhaps I intentioned-actions which actually will that child is a threat to himself or oth- could amend the unanimous consent make our schools and communities ers. It couldn’t be more clear than request to this effect, that we have 30 more unsafe and less secure. that. minutes on the Ashcroft and the Har- I want to make this point very, very We worked long and hard, 3 years of kin amendments, with each side get- clear. The Frist-Ashcroft amendment hearings, hammering out the IDEA bill ting 15 minutes. The Senator would is a dangerous, dangerous, dangerous in 1997. And we passed it here in the have 15 minutes, Senators ASHCROFT amendment. The Frist-Ashcroft Senate by a vote of 98 to 1, 98 to 1. We and FRIST would have 15 minutes, and amendment guts IDEA. It actually will have had no hearings on this amend- they would split it up between them- make our communities and our schools ment, none whatsoever. But we had selves. I modify my request to that ef- more unsafe. plenty of hearings to set up a frame- fect. The purpose of this bill is to help work in IDEA to make sure our schools Mr. DASCHLE. Mr. President, reserv- make our schools and communities and communities were safe. First, we ing my right to object, I support that safer. That is the purpose of the bill in wanted to make sure the schools were request. Just for clarification purposes, front of us. I must ask, is putting a safe. Second, we wanted to make sure Senator BIDEN wants to be sure that child with a disability on the street the communities were safe. Third, we the other part of the arrangement we and cutting off all services to that wanted to make sure students with dis- had, which was an up-or-down vote on child something that will make our abilities were held accountable for his amendment, would occur. I just communities more safe? Frankly, it their actions and that schools have the would clarify that for the record. I un- will have the opposite effect. flexibility to take appropriate and derstand that to be the case. This amendment, would, for example, timely actions. Last, we wanted to Mr. LOTT. That will be the way the lead to a child with an emotional dis- make sure that decisions were based on vote will occur. turbance being put on the street and facts relevant to the child, not just on The PRESIDING OFFICER. Hearing end the counseling and behavioral emotions. no objection, the unanimous consent modification services they had been re- Right now under the law, school au- agreement is agreed to. ceiving—end, them, cold turkey. No thorities can unilaterally remove a Mr. LOTT. I thank all involved. I more counseling or behavioral modi- child with a disability, first of all, for yield the floor. fication services. And this kid is now the first 10 days, and provide no serv- Mr. DASCHLE. If I could just ask the on the street. Tell me, is that commu- ices whatsoever. Second, if it is found majority leader, we had one Member’s nity safer? Obviously not, but that is that their actions were not a mani- request; Senator KERRY asked if he just what this amendment would lead festation of their disability, then of could have a period of time—I suggest to. Troubled children out on the street course he is treated in the same man- 10 minutes—prior to final passage, for with no supervision, no tracking, no ner as nondisabled children, and can be him to be recognized. education, no mental health services. kept out in an alternative setting for- Mr. LOTT. Would it be possible he This amendment targets a group of ever. could do that after final passage? The students who are more likely to be vic- reason why, and I understand—I would tims of school violence than perpetra- If it is found by that the child’s ac- like any Senator to be able to do that— tors. Again I want to point out: Not tion was a manifestation of their dis- we do have a number of Senators who any of the nine—now nine school ability, that child then is put into an would like to be able to leave by 6. You shootings—in the last 39 months was alternative setting for up to 45 days. are talking about airplanes. You are done by a child in special education. That alternative setting is determined talking about a son’s athletic event. It Not one. Yet we have this amendment by the local school districts. is the usual thing. To admit we have that targets kids with disabilities. This Now we heard yesterday that after 45 these sorts of requests is not always amendment is scapegoating—and I use days the kid will be put back in school. easy. that word, ‘‘scapegoating’’—scape- That is just not so—only if he or she is Mr. DASCHLE. Perhaps we can con- goating kids with disability. And it is no longer a danger. If that kid con- sult with Senator KERRY. destroying an important safety feature tinues to pose a danger to himself or Mr. LOTT. Perhaps we will not use of the Individuals with Disabilities others, the school can repeat that 45 all the time and we could stick it in Education Act. days again and again and again—for as there, but if he would be willing to at The supporters of the amendment say long as it deems necessary. least consider it after final passage it they need it because the law erected Finally, as I said, there is no way the would help a number of his colleagues. barriers that kept them from taking law prohibits anyone from calling the We will work on that. students who had guns in their posses- police to come take any student out I yield the floor. sion out of schools. We showed yester- who has a gun. I also want to point out, The PRESIDING OFFICER. Who day—and the authors of this amend- IDEA specifically provides that school yields time? ment agreed with me on this point— officials may obtain a court order any- The Senator from Iowa. that a child with a disability who time to remove a child with a dis- AMENDMENT NO. 355 brings a gun to a school can be re- ability from school or to change a Mr. HARKIN. Mr. President, we are moved from that school immediately, child’s current educational placement now back on the Frist-Ashcroft amend- just like any other child. We settled if they believe that maintaining the ment. I am not going to proceed until that yesterday. For a kid with a dis- child in the current educational place- we have order. I cannot even hear my- ability who brings a gun or firearm to ment is substantially likely to result self. school, right now, the principal can in injury to the child or others. So it is The PRESIDING OFFICER. The Sen- call up the sheriff or the police. They clear, current law addresses the issue. ate will be in order. Will the conversa- can come haul him away, book him, Frankly, we have a commonsense tions in the aisles be taken somewhere put him in jail, whatever the law is. structure now. And, again, it was care- else. So I hope no Senator votes on this fully designed to make schools and The Senator from Iowa. amendment thinking that under the communities safer. Mr. HARKIN. Mr. President, I know law as it exists today, a kid with a dis- The Senator from Missouri yesterday the recent school tragedies—again, ability who comes to school with a gun put up a chart showing the manifesta- even another this very morning—are a can’t be kicked out immediately. That tion determination process, how you

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 20, 1999 CONGRESSIONAL RECORD — SENATE S5685 have to go through all these processes. amendments to S. 254 would have precisely neighbors instead of criminals. We, there- Why do we do that? He made it seem that impact. fore, call on all our public officials to adopt like it was some bureaucratic maze, or As an organization of more than 500 vic- the policies described in Fight Crime, Invest jungle. The reason that we have this tims of violence, sheriffs, district attorneys, in Kids. Help schools identify troubled and police chiefs, leaders of police organizations disruptive children and provide children and manifestation determination is so we and violence prevention scholars, we urge their parents with the counseling and train- can address the behavior of the child you to oppose the Frist-Ashcroft amend- ing that can help get the kids back on track. with the disability, to determine why ment, and support the substitute to be of- These are not social scientists; these that child acted the way the child did, fered by Senator Harkin. are policemen from around the coun- and then to have the proper interven- Regardless of whether students have dis- abilities or not, schools already can suspend try. tions so that child does not behave Let me also read from the testimony that way in the future. That’s just or expel students who bring weapons to school. Nothing in the Individuals with Dis- of the Police Executive Research common sense and it should not be abilities Education Act (IDEA) prohibits Forum—a leading national organiza- eliminated as this amendment would schools from removing immediately a child tion of police chiefs and senior law en- do. who brings a gun to school. At the same forcement officials. Gil Kerlikowski, Who does that process help, and who time, the law recognizes sending the child who at the time was president of this does that protect? Does it not protect home or out on the street without edu- group and the police chief in Buffalo, the school? Does it not protect the cational services is not the answer. That’s New York testified at a recent congres- local community? Of course, it does. If why IDEA simply requires states to continue sional hearing on this topic. He said: we can intervene and provide the prop- education services. The Frist-Ashcroft er kind of psychological help, maybe amendment would eliminate this require- Students who are expelled or suspended ment for any child who brings a gun to from school and left at home or on the street even medical help, educational help so school. become my problem, and the problem of po- that the child with a disability modi- We should have tough sanctions for kids lice across this country. They have greater fies his or her behavior, it seems to me who bring a weapon to school. The safety of opportunity to commit crimes, abuse drugs, that is what we want. other students in the school must be para- or engage in disorderly behavior that affects Or are we saying under the Frist- mount. The Frist-Ashcroft Amendment may the quality of life in any given neighborhood. Ashcroft amendment: We do not care; sound tough to those who think all kids love They are also vulnerable to gangs and preda- if a kid with a disability brings a gun school. But giving a gun-toting kid an ex- tors who can victimize and exploit them in to school, we do not care about that be- tended vacation from school and from all re- ways that will impede any later efforts to havior; kick him out, put him out on sponsibility is soft on offenders and dan- put them on the right track. Today’s police gerous for everyone else. Please don’t give forces are ill-prepared to deal with these in- the street, cut off all his services? those kids who most need adult supervision dividuals—the rest of the criminal justice Is that going to make our commu- the unsupervised time to rob, become ad- system even less so. nity safer? Is that going to make our dicted to drugs, and get their hands on other I also have a letter from the Correc- schools safer? Is that going to protect guns to threaten students when the school tional Educational Association again bell rings. students? If there is a question about stating that the Frist-Ashcroft amend- that in anyone’s mind, I point to the Anti-truancy programs are often an impor- tant part of successful efforts to reduce juve- ment is more dangerous to our schools fact that the shooting in Oregon where and our communities. students were tragically killed was nile violence. The Frist-Ashcroft amendment encourages mandatory truancy. I ask unanimous consent that this committed by a kid who had been sus- To minimize the threat these youngsters letter be printed in the RECORD. pended without services from school. pose, we should require continued adult su- There being no objection, the letter He went home, got a gun, and came pervision as well as participation in mental was ordered to be printed in the health and behavioral modification pro- back to school. I ask, what if a child in RECORD, as follows: that circumstance was put in an alter- grams, and continued school attendance in an appropriate setting, to learn the skills CORRECTIONAL EDUCATION ASSOCIATION, native setting with supervision, with Lanham, MD, May 17, 1999. appropriate psychological help, behav- needed to make an honest living. The Harkin Amendment is consistent with this ap- Hon. BILL FRIST, ior modification, supporting services? proach. Otherwise expulsion often becomes a U.S. Senate, Would that kid have gone home to get graduation to a life of crime that threatens Washington, DC. the gun and come back to school? I the public immediately and for many years DEAR SENATOR FRIST. On behalf of the think the odds would have been great to come. teachers who labor in the nation’s prisons, that that kid would not. But instead he Please let me know if we can be of help in jails and juvenile facilities, let me implore was put on the street unsupervised— advising on what really works to keep kids you to withdraw your amendment and sup- from becoming criminals. port the Harkin amendment to S. 254. There just as this amendment allows for. are enough provisions in the current IDEA to That is the ‘‘level playing field’’ the Sincerely, SANFORD A. NEWMAN, deal with problems related to violent behav- supporters of this amendment advo- President. iors, such as carrying or threatening to carry cate. weapons into the school environment. In Mr. President, that is why over 500 Mr. HARKIN. Mr. President, these fact, your bill offers no remedy, whatsoever, police leaders from this country are op- are the policemen talking. Do you for changing the behavior which it seeks to posed to the Frist-Ashcroft amend- know why they are saying this? Be- punish. It removes the procedural safeguards ment. cause they know if Frist-Ashcroft is designed to assist the offending child to find I ask unanimous consent to print in adopted, they are going to dump these the necessary help he or she needs. Finally, kids on the streets—kids with prob- it punishes the child for his or her disability, the RECORD a letter from Fight Crime, not for the offending behavior. It is akin to Invest in Kids. The board of directors lems, emotional problems, kids with mental problems and behavioral prob- taking medicine from a sick person because includes the president of the Fraternal he or she has an obnoxious personality. Order of Police. It encompasses 500 po- lems, kids who are mentally retarded One of the strengths of IDEA is the proce- lice leaders—many of them the police and may have other problems. They are dure for dealing with behavior problems. chiefs in major cities from around the going to dump them out on the street. Carrying a weapon to school is a terrible be- country. It says in part: That is safe? That is going to make our havior problem needing immediate action by the whole school community. Dismissal from . . . we urge you to oppose the Frist- schools and our communities safe? school services denies a solution to the prob- Ashcroft amendment, and support the Please, someone tell me how that is so. lem. Why not require the IDEA procedure for [amendment] to be offered by Senator Har- That is why the police are opposed to any student with a behavior problem, wheth- kin. this amendment. er or not the student is in special education There being no objection, the letter I will read a portion of another state- or not? We need strong procedure to deal was ordered to be printed in the ment: with potential and real violence. Doing noth- RECORD, as follows: As police chiefs in America’s largest cities, ing solves nothing. FIGHT CRIME, we know that investments today to help kids Those of us in criminal justice realize that INVEST IN KIDS, get the right start are among America’s providing special education students with Washington, DC, May 17, 1999. most powerful weapons against crime. Qual- appropriate instructional services is one of DEAR SENATOR: should we really give kids ity child care, parenting, coaching, and the keys to change their negative behaviors. who bring firearms to school more unsuper- afterschool programs can help kids learn the Punishing a student without positive and ap- vised time? Senators Frist and Ashcroft’s values and skills they need to become good propriate assistance changes nothing. In

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5686 CONGRESSIONAL RECORD — SENATE May 20, 1999 fact, it just makes things worse. In attempt- but believes students should receive edu- and drug use rates also increase when chil- ing to help avoid future tragic situations cation services in an alternative setting. dren are expelled or suspended without edu- like Littleton, we must be careful to find National PTA supports Senator Harkin’s cation services. ways to locate, calm and help potentially amendment, which clarifies that schools On the other hand, we support Senator violent kids change. Please rescind your have the authority to remove any child who Harkin’s amendment to the juvenile justice amendment. brings a gun to school. The amendment also legislation which is presently being debated. Sincerely, states that all students should be provided The Harkin amendment, not an amendment STEPHEN J. STEURER, education services in an alternative setting. to IDEA, clarifies that schools can and Executive Director. Further, students would receive immediate should remove children who bring guns to Mr. HARKIN. Mr. President, I have a and appropriate intervention services, and school and that schools should provide them with immediate appropriate intervention letter from the Council for Exceptional thereby minimize the possibility of future violations by the student. and services, including mental health serv- Children saying: The National PTA asks that you oppose ices in order to maximize the likelihood that While we . . . strongly support the removal the Ashcroft/Frist amendment and vote for such child does not engage in such behavior of a student who endangers the safety or the Harkin alternative. or such behavior does not reoccur. The Har- well-being of themselves or other students, Sincerely, kin Amendment also reaffirms that nothing we strongly oppose the cessation of services SHIRLEY IGO, prohibits a school from reporting a crime to for any student. Vice President for Legislation. appropriate authorities. The Frist-Ashcroft amendment Mr. HARKIN. Mr. President, I have a Please reconsider your amendment and the negative effect it will have to the carefully ceases those services. What they say is number of other organizations whose constructed IDEA Amendments of 1997. We that the school districts may provide letters in opposition to this amend- need to implement IDEA, not amend it. Your the services—may. We already heard ment I want to print in the RECORD: amendment will seriously undermine the one Senator yesterday say how much the United Cerebral Palsy Association, benefits and protections of IDEA. Thank you this costs. It may cost too much, and Learning Disabilities Association of for your consideration. schools will say: It costs too much America, the ARC of the United States, Sincerely, money; we are not going to do it; let the American Association of Mental B. JOSEPH BALLARD, somebody else provide the services. Retardation, the Easter Seals of Mis- Associate Executive Director. And the kid falls through the cracks. souri, the Easter Seals of Tennessee, MISSOURI PLANNING COUNCIL That is what happens. and a number of others. I ask unani- FOR DEVELOPMENTAL DISABILITIES, If you do not think the police know mous consent they be printed in the Jefferson City, MO, May 17, 1999. what they are talking about or the RECORD. Hon. JOHN ASHCROFT, Council for Exceptional Children or the There being no objection, the letters Russell Senate Office Building Correctional Education Association, were ordered to be printed in the Washington, DC. DEAR SENATOR ASHCROFT: On behalf of the how about the Parent Teacher Associa- RECORD, as follows: Missouri Planning Council for Develop- tion? Do you honestly believe that the THE COUNCIL FOR mental Disabilities, I am writing this letter National PTA wants more dangerous EXCEPTIONAL CHILDREN, to support the Harkin Amendment to the Ju- schools? Here is a letter from the Na- Reston VA, May 17, 1999. venile Justice Bill. We believe this bill will tional PTA strongly—strongly—oppos- Hon. JOHN ASCROFT, result in safer schools since it clarifies the ing the Frist-Ashcroft amendment: U.S. Senate, Washington DC. schools’ roles in removing children who DEAR SENATOR ASHCROFT, On behalf of all The National PTA supports Sens. bring guns to school. We also support the students in special education and general provision of intervention and services, in- Ashcroft’s and Frist’s goal of keeping chil- education, we ask you to withdraw your dren safe in school. Their amendment, how- cluding mental health services, to reduce the amendment to the Individuals with Disabil- possibility of such behaviors reoccurring. ever, would allow for the expulsion of special ities Education Act Amendments of 1997 education students who possess a handgun in We have supported IDEA, formerly the (IDEA 1997). Amendment No. 348 would seri- Education for All Handicapped Children’s school, without ensuring alternative edu- ously jeopardize the integrity of this historic cation services are provided. National PTA Act of 1975, since it was introduced and be- piece of legislation. lieve that because of this strong legislation supports removing students who bring guns While we at the Council for Exceptional to school, but believes students should re- many children are now receiving the edu- Children strongly support the removal of a cation to which they are entitled. Because of ceive education services in an alternative student who endangers the safety or well- setting. this we cannot support legislation that being of themselves or other students, we would weaken this most important special National PTA supports Senator Harkin’s strongly oppose the cessation of services for amendment, which clarifies that schools education law. any student. Past incidents, such as the Thank you for the opportunity to provide have the authority to remove any child who tragic story of Kip Kinkle from Springfield, comment. Please call our office if you have brings a gun to school [and continues to pro- Oregon, prove that when a student is imme- questions. vide them services]. diately suspended without any type of serv- Sincerely, I ask unanimous consent the Na- ice, further tragedy is imminent. DON JACKSON, tional PTA letter be printed in the The final IDEA regulations, released Chairman. RECORD. March 12, 1999, offer schools substantial op- There being no objection, the letter portunities and strategies for addressing EASTER SEALS, problem behavior of students with disabil- was ordered to be printed in the May 17, 1999. ities including behavior that is dangerous or Hon. JOHN ASHCROFT, RECORD, as follows: involves drugs or weapons. When it is stated U.S. Senate, NATIONAL PTA, that children with disabilities cannot be dis- Washington, DC. Chicago, IL, May 17, 1999. ciplined, that is absolutely not the case. The DEAR SENATOR ASHCROFT: On behalf of U.S. SENATE, statute and the regulations clearly state Easter Seals Missouri, I write to you today Washington, DC. that when the behavior is not a manifesta- to inform you of our opposition to your leg- DEAR SENATOR: National PTA opposes tion of their disability, those children can be islation, the School Safety Act. amending the Individuals with Disability disciplined in the same manner as children While proposed as a solution to the rising Education Act (IDEA) as proposed by Sens. without disabilities. Furthermore, the stat- problem of violence in our schools, this legis- Ashcroft and Frist. The amendment will be ute and regulations state that a child who lation will only contribute to juvenile crime offered to S. 254, the juvenile justice bill cur- commits an offense involving drugs or weap- in our communities. Simply removing a rently being debated in the Senate. National ons that is a manifestation of their dis- child from school does little to address long- PTA asks that you vote NO on Ashcroft/Frist ability, the child can be removed from the term behavioral problems. In fact, suspen- amendment and vote YES to support an al- classroom and/or building for up to 45 days. sions and expulsions without education serv- ternative amendment sponsored by Senator There is nothing in the statute or regula- ices only transfer the problem from the Harkin. tions that prohibit another 45 day removal if school setting to the community setting. The National PTA supports Sens. that is appropriate. The only difference is Parents of children with disabilities want Ashcroft’s and Frist’s goal of keeping chil- that child will receive educational services. safe schools. They know that their children dren safe in school. Their amendment, would This amendment will not result in safer are too often the victims of inappropriate allow for the expulsion of special education schools or communities. In fact, every major conduct. Under the 1997 amendments to the students who possess a handgun on school, law enforcement agency reports that expel- Individuals with Disabilities Education Act, without ensuring alternative education serv- ling or suspending troubled children without any truly dangerous child can and should be ices are provided. National PTA supports re- education services only increases juvenile readily removed by school authorities. More- moving students who bring guns to school, crime. Drop out rates, incarceration rates over, the 1997 amendments add numerous

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 20, 1999 CONGRESSIONAL RECORD — SENATE S5687

new discipline provisions that strengthen the vents schools from removing students who THE SECRETARY OF EDUCATION, ability of school personnel to maintain a safe bring firearms to school. This statement is Washington, DC, May 17, 1999. and orderly environment, conducive to learn- totally incorrect and very misleading. The Hon. TOM DASCHLE, ing. newly-reauthorized I.D.E.A. allows school U.S. Senate, Easter Seals Missouri urges you to with- authorities to immediately remove all chil- Washington, DC. draw the Safe Schools Act. Thank you for dren, including children with disabilities, DEAR SENATOR DASCHLE: I am writing to considering our views. from the school setting for any violation of express my strong opposition to an amend- Sincerely, school discipline codes for up to ten days. In ment that Senator Frist has offered to S. 254, PATRICIA JONES, cases when a child has brought a weapon to the juvenile crime bill that the Senate is President and CEO. school or school function, school authorities now considering. This amendment, which is can unilaterally remove a child with a dis- similar to S. 969, Senator Ashcroft’s bill to NATIONAL ASSOCIATION OF ability from the child’s regular placement which I expressed my opposition last week, STATE BOARDS OF EDUCATION, for up to 45 days at a time. In addition, if would allow school personnel to suspend or expel children with disabilities from their Alexandria, VA, May 19, 1999. school officials believe that it would be dan- schools for unlimited periods of time, with- U.S. SENATE, gerous to return the child after the 45 day Washington, DC. out any educational services, including be- period, they can ask an impartial hearing of- havioral intervention services, and without DEAR SENATOR: The National Association ficer to order that the child remain in the in- of State Boards of Education (NASBE) is a the impartial hearing now required by the terim alternative setting for an additional 45 Individuals with Disabilities Education Act private nonprofit association representing days and can request subsequent extensions. state and territorial boards of education. Our (IDEA), for carrying or possessing a gun or principal objectives are to strengthen state It is incomprehensible to The Arc why the other firearm to, or at, a school function. leadership in education policymaking, pro- National School Boards Association would The Congress need not address the par- mote excellence in the education of all stu- want to mislead the Senate about this im- ticular issue that is the subject of the Frist dents, advocate equality of access to edu- portant civil rights law. As a result of these amendment, because it amended the IDEA just two years ago to give school officials cational opportunity, and assure responsible misperceptions, the Senate is considering an new tools to address the precise issue of chil- governance of public education. amendment to I.D.E.A. that would make NASBE would like to express its opposi- communities more dangerous, not safer. The dren with disabilities bringing weapons to tion to an amendment proposed by Senators Frist/Ashcroft Amendment currently being school or otherwise threatening teachers and other students. For example, school officials Ashcroft and Frist that will significantly debated as part of the Juvenile Justice legis- may remove, for up to 45 days, a child with alter the discipline provisions within the In- lation (S. 254) would allow schools to cease a disability who takes a weapon to school, dividuals with Disabilities Education Act educational services to children with disabil- and may request a hearing officer to simi- (IDEA), which will be considered by the Sen- ities. Every major law enforcement agency larly remove a child who is substantially ate during debate on the Juvenile Justice reports that expelling or suspending troubled likely to injure himself or others, if the bill S. 254 this morning. Currently, students children without educational services only child’s parents object to a change in the with disabilities who bring a weapon to increases juvenile crime. Drop out rates, in- child’s placement. Furthermore, the IDEA school can be shifted to an alternative set- carceration rates and drug use rates also in- allows hearing officers to keep these stu- ting for up to 45 days. The Ashcroft/Frist crease when children are expelled or sus- dents out of the regular educational environ- pended without educational services. amendment would change this policy so that ment beyond 45 days if they continue to pose students with disabilities could be expelled The current I.D.E.A. law and the final reg- a threat to the rest of the student body. I am for an entire year. While we certainly sup- ulations, just released by the Department of convinced that these new tools will be effec- port strict disciplinary measures for all stu- Education in March of this year, already pro- tive if given a chance to work. dents, we must oppose this proposal on the vide adequate protections to schools. The I am firmly committed to ensuring that all following grounds: new law, which your organization agreed to, our schools are safe and disciplined environ- Cessation of educational services, particu- should be given a chance to work. I.D.E.A. ments where all our children, including chil- larly to those most in need of intervention, has provided millions of students with dis- dren with disabilities, can learn without fear is not an appropriate response. Simply re- abilities the opportunity for a free and ap- of violence. But we should not let the tragic moving the offending student from school propriate public education enabling them to school shootings in Littleton, Colorado, and merely shifts the problem to the neighbor- become independent and productive citizens. other communities lead us to responses, such hood and streets surrounding the school. The Arc is extremely disturbed that your or- as the Frist amendment, that will harm chil- A weapons offense is best handled by law ganization would use children with disabil- dren with disabilities. enforcement and the judicial system. The ities as the scapegoat for recent school First, the Frist amendment would deny current IDEA law does not preclude school shootings. vital educational services to children with personnel from referring student violations Sincerely, disabilities who are removed from school, in- to the police where state and local laws BRENDA DOSS, cluding behavioral interventions that are de- would apply. President. signed to prevent dangerous behavior from The amendment undermines the com- recurring. Continued provision of edu- prehensive compromise reached on IDEA in cational services, including these behavioral 1997, of which the current disciplinary poli- NATIONAL ORGANIZATION OF BLACK interventions, offers the best chance for im- cies were a major consideration. During the LAW ENFORCEMENT EXECUTIVES, proving the long-term prospects for these final Senate vote on IDEA, Senate Majority Alexandria, VA, May 18, 1999. children. Discontinuing educational services Leader Trent Lott warned that any attempt Hon. TOM HARKIN, is the wrong decision in the short run and, in to modify the legislation would cause the U.S. Senate, the long run, will result in significant costs agreement to collapse. Changes made now Washington, DC. in terms of increased crime, dependency on would only encourage others to attempt to DEAR SENATOR HARKIN: On behalf of the public assistance, unemployment, and alien- revise other sections of the carefully crafted National Organization of Black Law Enforce- ation from society. We cannot afford to IDEA law in the future. ment Executives (NOBLE), this letter is to throw away a single child. Again, we urge you to oppose changing the support your substitute amendment to S. Second, the Frist amendment would undo IDEA disciplinary provisions under the 254. NOBLE represents more than 3000 minor- vital protections in the IDEA that were in- Ashcroft/Frist amendment to the Juvenile ity law enforcement managers, executives, cluded to protect children with disabilities Justice bill. If you have any questions, and practitioners at the local, state and fed- from widespread abuses of their civil rights. please have your staff contact David Grif- eral levels. We believe that students who are Under this amendment, for example, the fith, Director of Governmental Affairs, at suspended from school for carrying weapons IDEA would no longer require schools to de- 703/684–4000, ext. 107. Thank you for your con- must be placed in a supervised alternative to termine, when suspending or expelling a sideration. school and be required to participate in an child with a disability, whether the behavior Sincerely, appropriate mental health and behavioral of the child in carrying or possessing a fire- BRENDA LILIENTHAL WELBURN, arm is related to the child’s disability. Such modification program. Suspending these stu- Executive Director. a determination, which can currently be dents from school and putting them out onto made while the child has been removed from the streets would only serve to magnify the THE ARC, school, is needed to ensure that children are crime problem that currently exists. Your ef- Arlington, TX, May 20, 1999. not unjustly denied educational services dur- forts to ensure that this does not happen are ANNE L. BRYANT, ing their removal without considering the ef- strongly supported by NOBLE. Executive Director, National School Boards As- fects of the child’s disability on their behav- sociation, Alexandria, VA. Our organization urges you to continue ior. The manifestation determination re- DEAR MS. BRYANT: The Arc of the United your efforts to ensure that your substitute quired by the IDEA is an important tool States is very concerned with your May 17 amendment is incorporated into S. 254. schools use to appropriately understand the letter to Members of the U.S. Senate, in Sincerely, relationship between a child’s behavior and which you state that the Individuals with ROBERT L. STEWART, their disability in order to best implement Disabilities Education Act (P.L. 105–17) pre- Executive Director. behavior intervention strategies.

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5688 CONGRESSIONAL RECORD — SENATE May 20, 1999 We should be making every effort to appro- the very compromise that you worked so Mr. HARKIN. Mr. President, how priately reach out to our children and help hard to achieve in 1997. Therefore, we ask much time do I have remaining? prevent them from endangering themselves that you support Senator Harkin’s amend- The PRESIDING OFFICER. One and others. It is equally important that we ment. minute 7 seconds. appropriately address the needs of children Sincerely, Mr. HARKIN. I have used up 14 min- who have gone astray, violated the rules, and LANA KILE, put others at risk. The exclusion of children Chair. utes? with disabilities from school—without the WANDA WILLIS, The PRESIDING OFFICER. The Sen- impartial due-process hearing and the con- Executive Director. ator is correct. tinued services that the IDEA now requires— Mr. HARKIN. I reserve the remainder is the wrong response. AMERICAN ASSOCIATION of my time. I urge you to vote against the Frist amend- ON MENTAL RETARDATION, The PRESIDING OFFICER. Who ment. To: Senator THOMAS HARKIN. yields time? The Office of Management and Budget ad- From: M. Doreen Croser, Executive Director. vises that there is no objection to the sub- Mr. FRIST addressed the Chair. Re: Opposition to IDEA Amendments. The PRESIDING OFFICER. The Sen- mission of this report from the standpoint of Date: May 17, 1999. the Administration’s program. Thank you for all your hard work to main- ator from Tennessee. Yours sincerely, tain the integrity of the Individuals with Mr. FRIST. Mr. President, I yield RICHARD W. RILEY. Disabilities Education Act (IDEA). Your ef- myself 8 minutes. forts are greatly appreciated by the members This will be the last few minutes that STATE OF TENNESSEE, DEPARTMENT of the American Association on Mental Re- I have to speak on the Frist-Ashcroft OF MENTAL HEALTH AND MENTAL tardation! amendment and, thus, I want to, for RETARDATION, DEVELOPMENTAL We also want you to know that we oppose DISABILITIES COUNCIL, the Ashcroft/Frist Amendment because we the sake of my colleagues and others Nashville, TN, May 17, 1999. do not believe it will result in safer schools who are listening, explain what the Senator BILL FRIST, or communities. Drop out rates, crime, in- amendment is about. Dirksen Building carceration and drug use increases when This amendment is very simple. It is Washington, DC. children are expelled or suspended from about two things: No. 1, the safety of DEAR SENATOR FRIST: The recent path of school without education services. Clearly, all students; and No. 2, equal treat- the Individuals with Disabilities Education such suspensions or expulsions are not in our ment of children. Act (IDEA) has been an arduous one, as you society’s best interest. well know. We at the Tennessee Develop- Your proposed amendment to the juvenile I have a letter from the National mental Disabilities Council and many oth- justice legislation rather than to IDEA School Boards Association. As most ers, especially parents of students with dis- seems to be a sensible approach and we sup- people know, it represents 95,000 local abilities and the students themselves, re- port it. school board members. member your outstanding efforts to achieve Please share our support with your col- I will read from the first paragraph of a fair compromise around complex issues leagues and, again, thank you for all work the letter: during the recent IDEA reauthorization on behalf of children with disabilities. process. Because of your interest and atten- On behalf of the Nation’s 95,000 local school board members, the National School Boards tion, IDEA still ensures children with dis- LEARNING DISABILITIES Association urges you to support the Frist- abilities access to a free appropriate public ASSOCIATION OF AMERICA, education. Pittsburgh, PA, May 17, 1999. Ashcroft amendment to S. 254 that would en- The procedural safeguards contained in DEAR SENATOR: As President of LOA, the hance the safety of all students from gun vi- IDEA are critical in protecting the right of Learning Disabilities Association of Amer- olence. The amendment provides school offi- children with disabilities to receive a free ica, a national non-profit volunteer organiza- cials with the discretion to suspend or expel appropriate public education. Therefore, we tion dedicated to a world in which all indi- students covered by the Individuals with Dis- are distressed about your recent effort to viduals with learning disabilities thrive and abilities Education Act in the same manner amend IDEA concerning the suspension or participate fully in society, I ask you on be- as other students in cases where they bring expulsion of students with disabilities who half of all children with disabilities to: firearms to school. carries or possesses a gun or firearm to or at Oppose the Ashcroft/Frist Amendment to My colleagues, this amendment is a school, on school premises, or to or at a the Mental Health Juvenile Justice Act about the safety of all students and the school function. This is not to say that we (S254) now being debated on the Senate floor. equal treatment of children. believe that any student who carries or pos- This amendment, which would allow local sesses a gun or firearm should not be dis- schools to deny educational services, includ- Yesterday, we had a very good de- ciplined. Just as the positive principles of ing special education, to a child with a dis- bate, I thought, on the substance of the the IDEA should work for all students as ability who carries to or possesses a gun or amendment. I gave my remarks yester- schools are encouraged to include students firearm in school or a school function, would day, and I wish to also refer today to with disabilities in regular classrooms and to not reduce violence in schools and society. some statistics that I obtained not too afford them every opportunity for education, Testimony of law enforcement agencies dur- long ago from my own county, David- so should such egregious behavior by any ing the IDEA reauthorization process point- son County. student have consequences. ed out that expelling or suspending troubled However, we do not believe that the con- children without educational services results For the 1997–1998 school year there sequences enumerated by your amendment in increased juvenile crime in the short term were eight children in my home county to IDEA will have the desired outcome. They and increased drop out rates, incarceration who brought either a gun or a bomb to will not result in safer schools or commu- rates, and drug use in the long term. school, eight in that 1 year. Of those nities. In fact, every major law enforcement Support the Harkin Amendment to the eight, six were special education stu- agency reports that expelling or suspending Mental Health Juvenile Justice Act (S254) dents. What happened? The two who troubled children without education services which clarifies that, under IDEA 97, school were not special education students, only increases juvenile crime. Drop out can and should remove students with disabil- rates, incarceration rates and drug use rates ities who bring guns to school. Moreover because of the zero tolerance policy in also increase when children are expelled or after being in an alternative educational Tennessee, were expelled. They were suspended without educational services. placement for up to 45 days, the IEP team out for the remainder of the year. We believe that a better approach, for all may decide to move the child to a placement Of the six special education students, students, is articulated in Senator Harkin’s other than the school in which the infraction three were back in class. These are in- amendment to the juvenile justice bill. It occurred. The Harkin Amendment also reaf- dividuals who brought a bomb or a gun will assist schools to maintain safe environ- firms that nothing in IDEA prohibits a into the classroom already. ments conducive to learning. It clarifies that school from reporting a crime to appropriate Three of them were kept out of schools can and should remove children who authorities. bring guns to school and that schools should I would like to point out that none of the school. Why? Because their disability provide them with immediate appropriate children responsible for the eight school and bringing a gun to school were unre- intervention and services including mental tragedies in the past two years was a special lated. But three of the eight had this health services to maximize the likelihood education student being served under IDEA. manifestation process, and because of that such child does not engage in such be- However, it is also apparent that appropriate the disability, they were treated in a havior or such behavior does not reoccur. mental health interventions might have pre- special way and allowed back into the vented some of these tragedies. The Harkin amendment also reaffirms that classroom. nothing prohibits a school from reporting a Thank you for your consideration. crime to appropriate authorities. Sincerely, Yesterday I was caught a little off Senator Harkin’s amendment seems very HARRY SYLVESTER, guard, and I do not like that, I really consistent with the aim of IDEA and with President. do not like that. And I do not think the

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 20, 1999 CONGRESSIONAL RECORD — SENATE S5689 Senator from Iowa meant to say what am I concerned? Just because some- rying guns in and out of our schools he said. But he said those statistics body has not been killed yet because of quite some time ago. On the Ed-Flex don’t count. And then I said, well, let’s this loophole, I am not going to wait bill, which passed this Senate just a look at 1999, He said, no those statis- around until somebody has been killed. couple months ago, I put an amend- tics don’t count. And I said Why? And I want to prevent that from happening. ment to close another loophole which he said basically because the regula- This amendment is about the safety of would allow students who possessed tions just came out and we fixed that all students and to have all students guns in school—not just carried guns to loophole. treated fairly. school—to be removed from the school That bothered me, so what I did was The amendment closes the loophole environment. go back and call to see really when this that I just pointed out. I have dem- This responsibility for us to close law took place, the law that is oper- onstrated factually it is occurring in these loopholes is a serious one. It is a ating today. I found something very this legislation. So I want to dismiss responsibility that relates to school different, exactly the opposite of what all of the arguments the Senator from safety. That is what we are talking the Senator from Iowa told all of his Iowa made yesterday when he said it is about here. School safety is a responsi- colleagues. And I want to straighten not a problem. bility that we can work hard on, and I that out for the RECORD. It is very, This amendment will, in its ultimate am glad Senator FRIST of Tennessee very important. passage, end the mixed message that and I have been able to join on this The Senator from Iowa argued yes- the Federal Government, that we in amendment. terday that the statistics where indi- this body, send to American students It should not have taken this long. viduals with disabilities ended up back on the issue of guns in school. This is a simple amendment. This in the classroom within 45 days of hav- Under IDEA, a student with a dis- amendment merely allows local ing brought a gun to the schoolroom ability who is in possession of a fire- schools to treat all children who bring don’t apply and that loophole had been arm at school is treated differently guns to school in the same manner. It fixed. I found something very, very dif- from anybody else. Our amendment does not target children with disabil- ferent. says very simply that if you bring a ities—simply not so. It protects chil- In fact, the IDEA amendments of 1997 gun or a firearm to the school, you, as dren with disabilities. This is not a were signed into law on June 4, 1997. a student, are going to be treated the matter of scapegoating. This does not The Senator from Iowa and I were both same, and you are going to be treated say that any group of students is sub- there. It was a good day. We were both by the local principal or other authori- ject to more severe punishments than there. Yes, the regulations were writ- ties in the school. any other group of students. ten. And it really took too long, they Our amendment allows principals or This is a bill that provides for equity, just came out a few months ago. The other qualified school personnel the simply saying that principals and su- implication yesterday by the Senator flexibility to treat every student who perintendents should have the power, from Iowa was that they were written brings a gun or a firearm or a bomb without interference from the Federal only recently and, therefore, so they into the classroom the very same. Government, to remove students from could not apply. Our amendment does not enforce any school who come to school with a fire- In looking a little closer, the IDEA sort of uniform policy. We might like arm, an explosive or a gun. I believe we amendments were signed into law on to think that we in Washington can set need to make sure we close the loop- June 4, 1997. And on June 4, 1997, sec- good school policy, but this shows how hole in the Federal law that made it tion 615, the discipline provisions, went dangerous that can be by trying to set very difficult to discipline certain stu- into effect that day. So every statistic a uniform policy here for some subset dents who came in that setting. that I have given for the last 2 years of students. There are those who say: Well, the shows repetitively individuals with dis- The PRESIDING OFFICER. The Sen- law is this way and the law is that way. abilities, because of this special treat- ator from Tennessee has used 8 min- And they will argue about how the law ment, it is not their fault, it is the utes. is applied here in the Senate Chamber. fault of the law that they are ending up Mr. FRIST. I yield myself 1 more We have a lot of experience from back in the classroom. These are indi- minute. around the country about how the law viduals who brought a gun or a bomb to The PRESIDING OFFICER. Without is applied in the schools. The Senator school. objection, it is so ordered. from Tennessee has eloquently spoken Again, I was very disappointed, be- Mr. FRIST. Mr. President, the to the fact that as applied in the cause again and again he said on the amendment is a simple amendment: schools, you frequently find that indi- floor yesterday and I went back to the Equal treatment for each and every viduals who, if they were not the sub- RECORD again last night and found that student who brings a firearm, a gun or ject of an individualized education pro- the Senator from Iowa said: ‘‘I say to bomb, to school. It is an amendment gram, would be gone for a year because the Senator from Tennessee, that the which will have an impact, I believe, of a mandated expulsion, are back in school he is talking about was still op- help individuals in terms of safety in the classroom within 45 days, in spite erating under the old system.’’ our schools. of the fact that they brought a gun or Not true. Not true. We talked to the The amendment closes a loophole, a a bomb to school. director of high schools for Nashville, loophole that I have definitively dem- It is simply our intention to let local Davidson County, and the director onstrated does occur in our schools. If school boards and school officials de- stated very specifically that every a student brings a gun to school, they, cide how they should be able to make school in the Davidson County was op- if our amendment is agreed to, will be the school a safe place and not to re- erating under the IDEA amendments of treated the same regardless of their insert a student in the school environ- 1997 under advisement of their lawyers. educational status. ment who has threatened the safety In fact, let me read from the bill that Mr. President, I reserve the remain- and security of the school by bringing we signed last year. The 1997–1998 der of my time. a bomb or a gun to school. We must school year applied on June 4. The PRESIDING OFFICER. Who have zero tolerance for guns in school. This is from the bill that we signed yields time? I think we must let school officials de- on a great day, on June 4, 1997. It says: Mr. FRIST. Mr. President, I yield 7 cide on discipline policies. ‘‘Effective dates, these shall take effect minutes to the Senator from Missouri. We should not have taken this long upon enactment of this act,’’ on that The PRESIDING OFFICER. The Sen- on this amendment, but I am glad that day in June 1997. ator has 6 minutes 18 seconds remain- we are at this point. So all the statistics of eight individ- ing. After we vote on this amendment, uals were relevant. Two were expelled Mr. ASHCROFT. Thank you, Mr. there is a consent decree which is going because they did not have a disability President. to allow the Harkin amendment to be and of the six who had a disability, I thank the Senator from Tennessee voted on. three were back in the classroom with- for his leadership on this issue. I began The PRESIDING OFFICER. The Sen- in 45 days. That is the loophole. Why to be concerned about students car- ator has 3 minutes remaining.

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5690 CONGRESSIONAL RECORD — SENATE May 20, 1999 Mr. ASHCROFT. Mr. President, I ment we are about to vote on is a rec- a firearm, whether he knew what he yield myself 2 minutes of the remain- ipe for disaster. was doing or not, to be suspended or ing 3 and ask to be notified. It will increase crime. It will in- expelled without educational services. The Harkin amendment makes the crease drug use. It will increase the If a child with a disability—if any current law even worse by imposing a dropout rate. Why? I am really dis- child for that matter—is suspended or new requirement upon schools that appointed that anyone would say that expelled for having a gun or firearm in they couldn’t remove any child for we can take these kids who have severe school and subsequently not provided bringing a gun to school unless they problems, kick them out of school and with educational services and adult su- provide special services to the child. I cut off all supporting services and pervision—Would schools be safer? will oppose this amendment. make communities safer. The police Would communities be safer? Given When you tell people that you will chiefs who have to deal with the after- what happened outside of Atlanta make them special for bringing a gun math know better. That is why they today, we must shift the debate. Yes- to school, I think you do a great dis- are opposed to this amendment. We terday, our colleagues from Tennessee, service. You are not making victims know more than they do, and the Par- Missouri, and Iowa debated if, and for out of people by pulling them out of ent Teacher Association? Why are they how long, a child with a disability school. You are not making them un- opposed to the Ashcroft-Frist amend- could be removed from his school if he safe. If you tell them clearly that if ment? Because they realize it is a for- brought a firearm to school. I think they bring a gun to school that they mula for disaster. That is what it is. they agreed that under IDEA and under are not going to be allowed to stay in This is a dangerous, dangerous the Frist-Ashcroft amendment a child school, you will make them safer, and amendment and I strongly urge my col- with a disability could be removed you will make the school safer. leagues to vote against it. from his school. This is a school safety issue. It is an Mr. President, after the vote on this The crux of the remaining disagree- issue that requires our attention. The amendment—by unanimous consent— ment was services—why a child with a simple fact of the matter is, the cur- the Senate will adopt the Harkin disability who brings a gun to school rent law, as applied and as imple- amendment. This is an amendment I should get services, while his peer mented, is a real impediment to school have drafted and is cosponsored by the without a disability in the same situa- safety. distinguished ranking member of the tion, would not get services. We don’t There will be arguments that we HELP committee, Senator KENNEDY. solve anything by kicking any child have yet to have a student shoot some- Our amendment is supported by the po- out of school without educational serv- one under these circumstances. I can lice and other groups who oppose the ices. tell you that we have come very close. Frist-Ashcroft amendment because it There are two letters of opposition to I talked to one school superintendent would make schools and communities the Frist-Ashcroft on your desk. One is in my State who had such a student safer. I’d like to say a few words about from the National Association of State threaten seven other students in the it and its intent. Boards of Education and one from the classroom, to kill them. When the stu- Passage of our amendment is very National Parent Teacher Association. dent finally shot one of the other stu- important. It is very important, be- They make that simple point very well. dents, it wasn’t in the classroom. It cause it requires that all children— Ask yourself this question—If you was off the school premises so that it whether they have a disability or not— could prevent a child from committing really didn’t qualify under IDEA. But are not just dumped in the streets after a violent act for the first time or a sec- we don’t have to wait until there is they commit an act of violence, includ- ond time, by providing appropriate blood on the blackboard or on the floor ing bringing a gun or firearm to school. services, what would you do? The an- of the classroom in order to take steps Our amendment would require that swer is obvious. You would provide the to make sure we don’t have guns in the schools provide immediate and appro- services—to make your school safe, to classroom. priate supervision, tracking, edu- make your community safe, but most The truth of the matter is, we should cational, behavioral, health and re- importantly, to save the child. simply and clearly make it possible on lated services to these children in order In the rare instances when it occurs, an equal footing to say that no matter to reduce the likelihood that the child IDEA provides schools with the tools who the student is, there are no ex- will repeat their anti-social and dan- to control and prevent gun and firearm cuses, there are no special exceptions; gerous behavior. The interventions use by children with disabilities. IDEA if you bring a gun to school, the local would be tailored to the individual recognizes and promotes school safety. school authority should have the op- child. This is absolutely critical and is IDEA recognizes and promotes teach- portunity to take that student and to demonstrated to actually make a dif- ing consequences for wrongful behav- remove that student without regard to ference. It will save lives and money in ior. IDEA recognizes and promotes other status. the long run. It makes common sense. adult supervision of, engagement with, The PRESIDING OFFICER. The Sen- The Harkin amendment also author- and responsibility for children who ator’s time has expired. izes the funds necessary to assist our break school rules or criminal laws. Mr. ASHCROFT. Mr. President, I re- schools in providing this critical inter- I would like to review some key facts serve the remainder of my time. vention. about IDEA. IDEA permits school offi- The PRESIDING OFFICER. The Sen- So passage of the Harkin-Kennedy cials to immediately suspend a child ator from Iowa. amendment—which will occur by voice with a disability with a gun or firearm Mr. HARKIN. How much time re- vote after this roll call vote on the for 10 days without educational serv- mains? Frist-Ashcroft amendment—is a very ices. During that time, a manifestation The PRESIDING OFFICER. The Sen- important amendment. Its adoption determination review must be con- ator has 1 minute 4 seconds. puts the Senate on record as sup- ducted. First, to determine if the child Mr. HARKIN. Mr. President, I yield porting the recommendations and pleas with a disability understood the im- myself the remainder of my time. of the police, parents and teachers. pact and consequences of having a gun There is no loophole here. The equity Mr. JEFFORDS. Mr. President, I rise or firearm. Second, to determine if the they keep talking about is an equity in opposition to the Frist-Ashcroft child’s disability did or did not impair for danger. We keep hearing they are amendment pertaining to the Individ- the child’s ability to control his behav- for safety in schools. We all are for uals with Disabilities Education Act, ior. safety, of course. IDEA. I respect my colleagues’ inten- In effect, if the child knew what he Why is the National PTA opposed to tions. They want to make schools was doing, the law allows the child to this amendment? Why are 500 police safer. Their amendment would not be disciplined in the same manner as leaders around the country opposed to make schools safer, nor the sidewalks other children caught with guns or this amendment? Why is the National leading to the schools, nor their com- firearms. One distinction applies. This Association of the State Boards of Edu- munities. child with a disability, perhaps unlike cation opposed to this amendment? Be- Their amendment would allow a child his peers, would continue to receive cause they all know that the amend- with a disability caught with a gun or educational services. However, school

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 20, 1999 CONGRESSIONAL RECORD — SENATE S5691 officials have total discretion over the when they are accused of wrong doing. [Rollcall Vote No. 137 Leg.] details associated with providing these All parents want their child’s edu- YEAS—74 educational services. cation to continue, even if their child Abraham Enzi Lott If a manifestation determination re- did wrong. Allard Feinstein Lugar view establishes that the child did not Are we going to disregard some of Ashcroft Fitzgerald Mack Baucus Frist know what he was doing, the child America’s most vulnerable children in McConnell Bayh Gorton Murkowski could still be removed from his class- the name of political expediency, by Bennett Graham Nickles room and school and placed in an in- pretending that the Frist-Ashcroft Biden Gramm Robb terim alternative educational setting Bingaman Grams Roberts amendment will make schools and Bond Grassley for 45 days. After 45 days, if the child communities safer. Rockefeller Breaux Gregg Roth Brownback Hagel continued to be dangerous, the child’s In an ideal world, we would find a Santorum Bryan Hatch placement in the interim alternative way to work together to develop or ex- Sessions Bunning Helms Shelby educational setting could be extended pand, and fund, local agencies and or- Burns Hutchinson with the concurrence of a hearing offi- ganizations that would work collabo- Byrd Hutchison Smith (NH) Campbell Inhofe Smith (OR) cer. ratively to assist families and children Snowe In the wake of the tragedy in Little- in crisis, so that the crisis does not re- Cochran Johnson Collins Kerrey Specter ton, Colorado, in the wake of Atlanta, occur. Conrad Kerry Stevens hearing officers will give substantial In an ideal world, teachers and ad- Coverdell Kohl Thomas deference to claims from school offi- ministrators in America’s schools Craig Kyl Thompson DeWine Landrieu Thurmond cials that a child with disabilities con- would be thoroughly versed in the re- Dodd Levin Torricelli tinues to be dangerous. Concurrence of ferral procedures associated with Domenici Lieberman Voinovich a hearing officer at 45 day intervals is IDEA; and, if IDEA were fully funded, Dorgan Lincoln Warner a reasonable standard and an appro- tragedies with guns and firearms could NAYS—25 priate check and balance on the contin- be prevented. Akaka Harkin Murray ued use of an interim alternative edu- We don’t have an ideal world, but we Boxer Hollings Reed cational setting. must try to make a positive difference, Chafee Inouye Reid There is no forum or procedures for one day at a time, especially in the Cleland Jeffords Sarbanes Crapo Kennedy due process in the Frist-Ashcroft lives of children. Schumer Daschle Lautenberg Wellstone amendment. How is a child with a dis- The PRESIDING OFFICER. The Sen- Durbin Leahy Wyden ability to prove his innocence? If ex- ator’s time has expired. Edwards Mikulski pelled without education services for 12 The Senator from Missouri. Feingold Moynihan months, what will be the impact on the Mr. ASHCROFT. I yield myself such NOT VOTING—1 child’s family? What will be the reac- time as I have remaining. McCain tion of the child’s next teacher? What Mr. President, the Senator from Iowa The amendment (No. 355) was agreed will be the impact on the child’s neigh- indicates there is not a loophole here. to. borhood? What will be the impact on Well, it is strange to me, but the sta- Mr. HATCH. I move to reconsider the this child as an adult? tistics indicate otherwise. vote. The real driving force behind the One county in Tennessee, clear evi- Mr. DASCHLE. I move to lay that Frist-Ashcroft amendment is the obli- dence, Davidson County, the home of motion on the table. gation to provide services, and not the Senator from Tennessee, Mr. FRIST, The motion to lay on the table was school safety. Local school districts do four people who squeezed through the agreed to. not want the responsibility for paying nonexistent loophole were back in class AMENDMENT NO. 368 for new services. If school districts do within 45 days in that setting. (Purpose: To provide appropriate interven- not now have interim alternative edu- I think we have to make sure that tions and services to children who are re- cational settings that can accommo- that nonexistent loophole, if that is moved from school, and to clarify Federal date children with disabilities, they do what we are talking about, gets closed. law with respect to reporting a crime com- not want to spend money to create It is impossible to have people coming mitted by a child) them. If school districts do not now through a door that is not there. There Mr. HATCH. Mr. President, we now have home-based programs or alter- is a loophole that needs to be shut. turn to the Harkin amendment. native school programs, they want ad- Last but not least, it is no accident Mr. LEAHY. Mr. President, I believe ditional money to have them. that the National School Boards Asso- if the Senator from Iowa will send his School districts do not see a windfall ciation wants us to pass this. This isn’t amendment to the desk, it will be ac- of new Federal dollars on the horizon. discriminating against one class of stu- cepted. So in the name of school safety, they dents or in favor of another. It simply The PRESIDING OFFICER. The bless the Frist-Ashcroft amendment. In says our priority for learning has to be clerk will report. the name of school safety, school dis- a safe and secure school environment. The assistant legislative clerk read tricts say it is acceptable for Federal This particular amendment would en- as follows: policy to close the school house door hance the safety of all students from The Senator from Iowa Mr. HARKIN, for on the back of a child with a disability, gun violence, according to the National himself and Mr. KENNEDY, proposes an whether the child knew why the door School Boards Association. amendment numbered 368. slammed shut or not. In the name of I urge my colleagues to vote in favor Mr. HATCH. I ask unanimous consent school safety, they say it is acceptable of this amendment. reading of the amendment be dispensed for Federal policy to leave open wheth- The PRESIDING OFFICER. All time with. er any agency gives the child and the has expired. The PRESIDING OFFICER. Without child’s family help, so that they can re- The question is on agreeing to objection, it is so ordered. cover from a gun or firearm episode amendment No. 355. The yeas and nays The amendment is as follows: that profoundly altered their lives. have been ordered. The clerk will call At the end, add the following: Helping children and their families in the roll. SEC. ll. APPROPRIATE INTERVENTIONS AND these situations is a community re- The assistant legislative clerk called SERVICES; CLARIFICATION OF FED- sponsibility. Schools are part of com- the roll. ERAL LAW. munities. They must do their part. Mr. NICKLES. I announce that the (a) APPROPRIATE INTERVENTIONS AND SERV- Other agencies and organizations must Senator from Arizona (Mr. MCCAIN) is ICES.—School personnel shall ensure that im- do their part. To abdicate responsi- necessarily absent. mediate appropriate interventions and serv- The PRESIDING OFFICER. Are there ices, including mental health interventions bility or shift responsibility is not ac- and services, are provided to a child removed ceptable. It makes no sense. any other Senators in the Chamber de- from school for any act of violence, includ- All parents want their children to be siring to vote? ing carrying or possessing a weapon to or at safe in school and out. All parents The result was announced—yeas 74, a school, on school premises, or to or at a want their children to have due process nays 25, as follows: school function under the jurisdiction of a

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5692 CONGRESSIONAL RECORD — SENATE May 20, 1999 State or local educational agency, in order nation, and intrude upon the right of law by imposing more federal respon- to— parents, teachers, school administra- sibilities. (1) to ensure that our Nation’s schools and tors, school boards, to set their own The Harkin amendment’s attempt to communities are safe; and discipline policies regarding weapons provide funding for the new procedures (2) maximize the likelihood that such child shall not engage in such behaviors, or such and violence in schools. Not only this, required under the amendment is dis- behaviors do not reoccur. but it jeopardizes the ability of schools ingenuous. (b) CLARIFICATION OF FEDERAL LAW.—Noth- to remove any student from class who The amendment authorizes ‘‘such ing in Federal law shall be construed— has a gun or firearm, and prevents sums as may be necessary for each of (1) to prohibit an agency from reporting a them from keeping their schools safe. the fiscal years 2000 through 2004’’ to crime committed by a child, including a The Harkin amendment would also pay for the ‘‘interventions and serv- child with a disability, to appropriate au- handcuff schools even more than the ices’’ that schools must conduct before thorities; or current IDEA law does regarding re- they can remove a student with a gun (2) to prevent State law enforcement and judicial authorities from exercising their re- moval of disabled students who possess from school. If the Senator from Iowa sponsibilities with regard to the application weapons. and others were unwilling to vote for of Federal and State law to a crime com- The Harkin amendment says that a giving schools more IDEA funding dur- mitted by a child, including a child with a school that takes action to remove a ing debate on the ed-flex bill earlier disability. child with a weapon from school ‘‘shall this session, what makes us think they (c) AUTHORIZATION OF APPROPRIATIONS.— ensure that immediate appropriate really would provide more funding at (1) AUTHORIZATION.—There are authorized interventions and services, including this time? to be appropriated to pay the costs of the mental health interventions and serv- In conclusion, the Harkin amend- interventions and services described in sub- section (a) such sums as may be necessary ices,’’ are provided to the child. This is ment actually makes current law for each of the fiscal years 2000 through 2004. a new requirement in addition to cur- worse by imposing a new set of require- (2) DISTRIBUTION.—The Secretary of Edu- rent IDEA law. ments on schools when they need to re- cation shall provide for the distribution of Current IDEA law requires that a move any child with a firearm from the the funds made available under paragraph school that removes a child from the classroom. He would require schools to (1)— regular classroom for 45 days for a provide ‘‘interventions and services’’ to (A) to States for a fiscal year in the same weapons possession must already con- non-disabled students who are expelled manner as the Secretary makes allotments duct a series of procedures in connec- for bringing a gun to school. And, he to States under section 4011(b) of the Ele- tion with the removal. Let me describe mentary and Secondary Education Act of imposes a new requirement upon 1965 (20 U.S.C. 7111(b)) for the fiscal year; and some of these procedures. schools that take action to remove (B) to local educational agencies for a fis- First, a school must conduct a func- IDEA students from school for weapons cal year in the same manner as funds are dis- tional behavioral assessment. Second, possession. tributed to local educational agencies under it must implement or modify a behav- At a time when parents, teachers, section 4113(d)(2) of the Elementary and Sec- ioral intervention plan for the child. school officials, and our children are ondary Education Act of 1965 (20 U.S.C. Included in this is the requirement asking for help in keeping our class- 7113(d)(2)) for the fiscal year. that the IEP team must meet to de- rooms safe, we cannot afford to take a Mr. ASHCROFT. Mr. President, in velop or modify an assessment plan to step backward and further handcuff our amendment, which we just passed address the behavior at issue. Third, schools from taking steps to get guns in the Senate, Senator FRIST and I pro- the school must conduct a manifesta- out of schools. We need to move for- posed important changes to federal law tion determination review to deter- ward by giving schools more authority to give schools more authority to re- mine if the child’s disability caused the to get—and keep—firearms out of the move from the classroom any student behavior at issue. classroom. For these reasons, I oppose who brings a gun or firearm to school. The Harkin amendment adds yet an- the Harkin amendment. Schools need current federal barriers other requirement to the list of proce- Mr. KENNEDY. Mr. President, I rise removed so that they can preserve a dures that a school must undertake to support Senator HARKIN in his safe and secure classroom for our chil- when removing a child with a weapon amendment to reduce juvenile crime dren. from the classroom, by requiring that by helping schools to maintain safe en- The Senator from Iowa has proposed schools ‘‘ensure that immediate appro- vironments while ensuring that trou- an amendment which makes it even priate intervention and services, in- bled students get the help they need. more difficult for schools to remove cluding mental health interventions Students who bring guns or other any dangerous student—including one and services,’’ are provided to the dangerous weapons to school should be who brings a gun to school—from the child. Why do we need to handcuff removed. But they should also be pro- classroom. I rise to state my opposi- schools even more with another proce- vided with the appropriate interven- tion to the Harkin amendment. dure? tions and services. The Harkin amendment makes the Additionally, the amendment says This amendment clearly supports the current law even worse by imposing a that these additional interventions and removal of a child from school who car- new requirement upon schools when services must be provided ‘‘in order to ries or possesses a weapon, including a they desire to remove any child—dis- maximize the likelihood that such child with a disability. abled or non-disabled—from the class- child will not engage in such behaviors, This amendment clearly supports an room for bringing a gun or firearm to or such behaviors do not reoccur.’’ We agency reporting a crime committed school, or for committing any act of vi- are not simply asking the schools to by a child, including a child with a dis- olence. try to reduce the likelihood of reoccur- ability, to the appropriate authorities. The Harkin amendment takes the un- ring behavior: we are requiring them to This amendment clearly supports law precedented step of telling schools maximize that likelihood. enforcement and judicial authorities in across the country that if they want to School principals, administrators, exercising their responsibilities with remove any child from school—even a teachers, school boards, and parents regard to crimes committed by a child, nondisabled student—for possessing a have told me about how difficult the including a child with a disability. weapon, or for committing any act of current IDEA makes it to discipline But this amendment, unlike the violence, schools must provide the students, and especially in the case of Frist-Ashcroft amendment, will ensure child with ‘‘immediate appropriate guns and firearms. that immediate, appropriate interven- interventions and services, including Senator HARKIN’s amendment adds tions, including mental health services, mental health interventions and serv- yet another layer of procedure. Rather are provided to a troubled child. ices,’’ in order to ‘‘maximize the likeli- than providing schools with more au- We know that when educational serv- hood that such child shall not engage thority to take actions school officials ices for students are stopped, those stu- in such behaviors, or such behaviors do deem appropriate to maintain a safe dents show increased drop out rates, not reoccur.’’ and secure classroom free from guns increased drug abuse, and increased This amendment would overturn the and firearms, Senator HARKIN’s amend- rates of juvenile crime and incarcer- discipline policies of schools across the ment is going backwards from current ation.

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 20, 1999 CONGRESSIONAL RECORD — SENATE S5693 I urge all my colleagues to vote in the economic challenges of the new garding teen death be printed in the favor of the Harkin-Kennedy amend- millennium. But if we do not address RECORD. ment. It will help to ensure that our their emotional needs or teach them There being no objection, the article schools remain conducive to learning the value of human life, then what was ordered to be printed in the and our communities remain safe. have we accomplished? RECORD, as follows: Mrs. LINCOLN. Mr. President, today As Theodore Roosevelt said, ‘‘To edu- [From the Arkansas Democrat Gazette, May I’m pleased to join my colleagues Sen- cate a man in mind and not in morals 18, 1999] ator HARKIN and Senator WELLSTONE in is to educate a menace to society.’’ STATE’S TEEN DEATH RATE NEAR TOP IN U.S., offering an amendment that will help Together, we must call for improve- STUDY SAYS reduce crime and violence in our na- ments, changes and accountability. (By Doug Peters) tion’s schools. This can be done, and it must be done. Being a teen-ager is risky, no matter This amendment specifically address- We can install more metal detectors where you are. es the issue of our children’s emotional and surveillance cameras in schools, In Arkansas, it can be downright dan- well-being, and what we as a nation, but we won’t get to the root of the gerous. can do to provide schools with the nec- problem. The youth of America are suf- Only two states and the District of Colum- fering and all the increased security in bia had higher rates of teen-age deaths by essary resources to help our kids. accident, homicide or suicide in 1996, accord- The lives of America’s children are the world may ease our minds, but it ing to a study of childhood risk factors re- very different than they were 20, 30 or won’t solve their problems. leased today by the Annie E. Casey Founda- 40 years ago. Before our children reach The United States Congress can lead tion. their teenage years, they’ve already the way. We can take common-sense According to the Kids Count 1999 study, 181 been exposed to drugs, alcohol, violent steps to see that tragedies like those in Arkansas teen-agers between 15 and 19 died movies and a general culture of vio- Colorado and Jonesboro become a dis- of such causes in 1996, for a rate of 94 deaths lence that influences their thoughts tant, painful memory. per 100,000. Arkansas’ rate is more than 50 I’ve traveled all over my home state percent higher than the national rate of 62 and actions. deaths per 100,000 teen-agers. Many have expressed that they are of Arkansas talking with educators and And while the national rate decreased even desensitized to violence in their school administrators about what’s slightly between 1985 and 1996, Arkansas’ everyday lives. happening in our schools. rate increased by 16 percent. And today’s students bring more to The one common denominator—the Only Mississippi, Wyoming and the Dis- school than just backpacks and lunch one thing they all tell me is—‘‘We need trict of Columbia had higher teen-age death boxes. They bring severe emotional more counselors in our schools. We rates in 1996, the most recent year statistics problems. need more qualified mental health pro- were available for all states and the District They disrupt classes, they have dif- fessionals to adequately deal with the of Columbia. Dr. Bob West, a pediatric medical consult- ficulty learning, they suffer from de- enormous and overwhelming problems ant for the state Department of Health, said pression, and they fight with teachers kids have today.’’ Arkansas’ increase appeared to be caused by and students. The National Institute of Mental increasing numbers of teen suicides and And when they do not know how to Health estimates that although 7.5 mil- homicides. deal with their feelings of anger and lion children under the age of 18 re- Between 1985 and 1989, Arkansas averaged rage, they may even kill. quire mental health services, fewer 18 suicides and 15 homicides a year among 15 Since the school shooting a year ago than 1 in 5 receive it. through 19-year-olds, according to Health in Jonesboro, I have been grappling The Harkin/Lincoln/Wellstone Department statistics. In 1996, 32 Arkansans in that age group committed suicide. An- with ideas to ensure that this type of amendment calls for $15 million in au- other 32 were murdered. tragedy never happened again. Unfor- thorizing funds for FY 2000. In order for Arkansas traditionally has a high rate of tunately, it did happen again and we as these services to reach children at a accidental deaths among teen-agers, West a nation have got to act. younger age, this money must be spent said. And although the number of traffic Children should not be afraid to go to in elementary schools. deaths among 15 through 19-year-olds school in the morning and parents Only qualified mental health profes- dropped from an average of 95 a year between should not be scared to send them sionals may be hired with this funding. 1985 and 1989 to 85 in 1996, the state’s rate re- there. Studies show that 71% of chil- Fortunately, these funds are eligible to mains significantly higher than the national average. dren ages 7 to 10 say they are worried urban, suburban and rural local school Traditionally, Arkansas accidental death they will be stabbed or shot while at districts. As we all know, rural and rates run about 40 percent above the na- school. suburban areas need our help as much tional average, West said. The Department of Education re- as inner city schools. West said that accidents in rural areas ported that in 1997, there were approxi- The additional school counselors, sometimes turn fatal because of a lack of mately 11,000 incidents nationally of psychologists and social workers will nearby trauma services. But location isn’t physical attacks or fights in which work hand-in-hand with an advisory the only factor, he said. Attitude also may weapons were used. board of parents, teachers, administra- play a role. Some people, he said, simply don’t see ac- I don’t claim to have all the answers tors and community leaders to design cidents as being preventable. on how to help our children, but I do and implement counseling services. ‘‘I think there are a lot of folks who think, think we should do more to get to the School counselors will involve the ‘If it happens, it happens,’ ’’ West said. root of the problem. parents of children who receive serv- ‘‘There doesn’t seem to be the willingness to We’ve got to look at the source of ices so parents can be more involved in do the kind of things that will keep you this problem; we must come up with the development and well-being of safe’’ such as wearing seat belts or installing some kind of preventive medicine, their children. smoke detectors. rather than using a haphazard Band- This legislation will help accomplish The dismal teen-age death rate helped Ar- kansas slip to 43rd overall in the Kids Count aid approach. that and will allow teachers to focus rating, an annual state-by-state ranking of Metal detectors and controlling ac- more on a student’s skills at writing risk factors to children’s well-being. Arkan- cess to guns can hinder their ability to and arithmetic, rather than on his or sas ranked 41st last year. act out, but doesn’t address their ill- her potential for violence. The survey wasn’t all bad news, though. ness to begin with. I will fight to see that this legisla- Mr. HARKIN. Mr. President, four And as the tragedies in Jonesboro, tion passes, so we can begin to make weeks ago, an unspeakable act of vio- Paducah and most recently as the hor- changes happen in my home state and lence occurred at Columbine High ror in Colorado has shown us—while across our country now, and not wait School in Littleton, Colorado when 12 much of our country is prospering eco- until the next tragedy. I hope my col- innocent students, a heroic teacher and nomically, we cannot allow our coun- leagues will work with me in that ef- the two student gunmen were killed. try’s economic success cause us to ig- fort. This incident was the 8th deadly school nore our social ills. Mr. President, I ask unanimous con- shooting in 39 months. We can train our children to use com- sent that an article by Doug Peters of The tragedy at Columbine High puters, to analyze stocks and to meet the Arkansas Democrat Gazette re- School is still very fresh in our minds

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5694 CONGRESSIONAL RECORD — SENATE May 20, 1999 and our hearts. Our thoughts and pray- During the same period, Des Moines of School Psychologists, the School of ers remain with the people of Little- elementary schools with a traditional Social Work Association of America ton, Colorado. crisis intervention counseling program and the National Association of Social The students of Columbine have re- had only a 21% reduction in office re- Workers. turned to classes in a neighboring ferrals. Mr. President, CNN and USA Today school. They have taken an important There were other changes as well. recently conducted a public opinion first step in the healing process. Unfor- Teachers in Smoother Sailing schools poll of Americans. They asked what tunately, the scars of this tragedy will reported fewer classroom disturbances would make a difference in preventing remain with them, their families, the and principals noticed fewer fights in a future outbreak of violence similar Littleton community and the nation the cafeteria and on the playground. to those that have occurred over the for a long time to come. The schools and classrooms had be- past 39 months. In the aftermath of this most recent come more disciplined learning envi- The leading response was to restrict school shooting, we must examine the ronments. It was clear that Smoother access to firearms. The second most causes of the outbreak of violence and Sailing was making a difference so the popular response—a response selected work on initiatives that will prevent counseling program was then expanded by 60% of those polled—was to increase such occurrences in the future. to all 42 elementary schools in Des the number of counselors in our na- During the course of the debate on Moines in 1990. tion’s schools. the pending legislation, Juvenile Jus- Smoother Sailing continues to be a We should heed the advice of the tice Bill we have already discussed success. American people. We have a desperate many of the issues related to violence. Smoother Sailing helps students need to improve counseling services in We must examine the impact that mov- solve problems in a positive manner. our nation’s schools. Our amendment is ies, music, television and video games Assessments of 4th and 5th grade stu- an important first step in addressing have on outbreaks of violence. We must dents show that students can generate this critical issue and I urge my col- also curtail the easy access to guns more than one solution to a problem. leagues to support the amendment. that enable individuals to commit such Further, the types of solutions were I ask unanimous consent a table of acts of violence. positive and proactive. We know that U.S. counselor-to-students ratios be We must also talk about how we can the ability to effectively solve prob- printed in the RECORD. prevent such heinous acts from hap- lems is essential for helping students There being no objection, the table pening again. I would like to take a few make the right decisions when con- was ordered to be printed in the moments to discuss one innovative pro- fronted with violence or drugs. RECORD, as follows: gram that can help us prevent violent Smoother Sailing gets high marks in acts from happening in the first place. surveys of administrators, teachers and U.S. COUNSELOR-TO-STUDENT RATIOS Two weeks ago, the Senate Health, parents. They report a high degree of [Maximum recommended ratio (250:1)] Education, Labor and Pensions Com- satisfaction with the program. Number of— Counselor- mittee, of which I am a member, held a 95% of parents surveyed said the U.S. States to-student 1 hearing on the important topic of counselor is a valuable part of my Students Counselors ratio school safety. We heard testimony child’s educational development. 93% Alabama ...... 780,999 1,688 463:1 Alaska ...... 136,196 231 590:1 from many experts about the extent of said they would seek assistance from Arizona ...... 864,226 1,046 826:1 the problem and began an important the counselor if the child was experi- Arkansas ...... 482,590 1,213 398:1 California ...... 6,157,320 5,208 1,182:1 search for solutions so that it will encing difficulties at school. Colorado ...... 723,591 1,121 645:1 never, ever happen again. Administrators credit Smoother Sail- Connecticut ...... 569,268 1,123 507:1 Delaware ...... 126,870 221 574:1 One of the witnesses was Jan Kuhl, ing with decreasing the number of stu- District of Columbia ...... 74,395 225 331:1 the Director of Guidance and Coun- dents suspensions and referrals to the Florida ...... 2,455,079 4,855 506:1 Georgia ...... 1,398,787 2,472 566:1 seling for the Des Moines School Dis- office for disciplinary action. In addi- Hawaii ...... 213,404 544 392:1 trict. Jan talked about an innovative tion, principals report that the pro- Idaho ...... 256,946 558 460:1 Illinois ...... 2,240,199 2,838 789:1 elementary school counseling program gram is responsible for creating an at- Indiana ...... 1,083,851 1,735 625:1 called Smoother Sailing and the im- mosphere that is conducive to learning. Iowa ...... 539,413 1,332 405:1 Kansas ...... 505,870 1,097 461:1 pact the program has had on students Experts tell us that to be effective, Kentucky ...... 706,820 1,272 556:1 in the Des Moines schools. there should be at least one counselor Louisiana ...... 888,620 2,703 329:1 Maine ...... 227,590 593 384:1 Smoother Sailing operates on a sim- for every 250 students. Unfortunately, Maryland ...... 911,929 1,825 500:1 ple premise—get to kids early to pre- the current student-counselor ratio is Massachusetts ...... 1,033,899 2,125 487:1 Michigan ...... 1,849,721 2,943 629:1 vent problems rather than waiting for more than double the recommended Minnesota ...... 925,347 915 1,011:1 a crisis. As a result, the district more level—it is 531:1. That means coun- Mississippi ...... 551,418 869 635:1 Missouri ...... 1,025,704 2,410 426:1 than tripled the number of elementary selors are stretched to the limit and Montana ...... 175,563 411 427:1 school counselors to make sure that at cannot devote the kind of attention to Nebraska ...... 327,982 757 433:1 Nevada ...... 293,979 560 525:1 least one well-trained professional is children that is needed. New Hampshire ...... 219,006 656 334:1 available in every single elementary In most schools, the majority of New Jersey ...... 1,408,761 3,231 436:1 counselors are employed at the middle New Mexico ...... 362,001 650 557:1 school building. New York ...... 3,211,827 5,467 587:1 Smoother Sailing began in 1988 as a and secondary levels. Therefore, the North Carolina ...... 1,316,796 3,025 435:1 pilot program in 10 elementary schools. situation is more acute in elementary North Dakota ...... 125,666 263 478:1 Ohio ...... 2,082,841 3,247 641:1 The program increased the number of schools where the student to counselor Oklahoma ...... 647,533 1,730 374:1 counselors in the elementary schools ratio is greater than 1000:1. I ask unani- Oregon ...... 591,539 1,268 467:1 Pennsylvania ...... 2,117,697 3,707 571:1 so there is one counselor for every 250 mous consent that a copy of this table Rhode Island ...... 170,732 307 556:1 students—the ratio recommended for be inserted in the RECORD at this point. South Carolina ...... 692,743 1,546 448:1 South Dakota ...... 150,243 345 435:1 an effective program. The participating Smoother Sailing was the model for Tennessee ...... 953,463 1,525 625:1 schools began seeing many positive the Elementary School Counseling Texas ...... 3,879,363 8,359 464:1 Utah ...... 490,706 594 826:1 changes. Demonstration Act, a section of the El- Vermont ...... 110,228 352 313:1 After two years, the schools partici- ementary and Secondary School Act. Virginia ...... 1,172,672 3,202 366:1 Washington ...... 1,047,132 1,804 580:1 pating in Smoother Sailing saw a dra- It reauthorizes the program and au- West Virginia ...... 313,685 604 519:1 matic reduction in the number of stu- thorizes $15 million to establish more Wisconsin ...... 1,004,584 1,884 533:1 Wyoming ...... 101,652 285 357:1 dents referred to the office for discipli- effective elementary school programs. The amendment I am offering with 1 Calculated ratio is based on 1996 data, counting guidance counselors nary reasons. as full-time equivalents. Produced by the American Counseling Association, During the 1987–88 school year, 157 Senators LINCOLN and WELLSTONE is Office of Public Policy and Information, 5999 Stevenson Avenue, Alexandria, students were referred to the office for supported by several organizations— Virginia 22304, Phone 703–823–3800. disciplinary action. After two years of the American Counseling Association, Source: ‘‘Digest of Education Statistics 1998’’ U.S. Dept. of Education. Smoother Sailing, the number of office the American School Counseling Asso- Mr. HATCH. Mr. President, we are referrals in those schools dropped to ciation, the American Psychological prepared to accept the amendment on 83—a 47% reduction in office referrals. Association the National Association this side.

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 20, 1999 CONGRESSIONAL RECORD — SENATE S5695 Mr. LEAHY. We accept the amend- (A) How the Federal Government and State (3) CERTIFICATION.—Each person who sub- ment. and local governments, through their taxing mits materials or information to the Com- The PRESIDING OFFICER. Under a power or otherwise, subsidize, facilitate, or mission pursuant to a subpoena issued under previous agreement, the amendment is otherwise reduce the cost to the motion pic- paragraph (1) or (2) shall certify to the Com- ture industry of producing violent, porno- mission the authenticity and completeness agreed to. graphic, or other harmful materials, and any of all materials or information submitted. The amendment (No. 368) was agreed changes that might curtail such assistance. The provisions of section 1001 of title 18, to. (B) How the motion picture industry mar- United States Code, shall apply to any false AMENDMENT NO. 345, AS MODIFIED kets its products to children and how such statements made with respect to the certifi- (Purpose: To establish a commission to marketing can be regulated. cation required under this paragraph. study the motion picture industry and (C) What standard of civil and criminal li- (4) TREATMENT OF SUBPOENAS.—Any sub- make recommendations to Congress and ability currently exist for the products of poena issued by the Commission under para- the President to promote accountability in the motion picture industry and what stand- graph (1) or (2) shall comply with the re- the motion picture industry in order to re- ards would be sufficient to permit victims of quirements for subpoenas issued by a United duce juvenile access to violent, porno- such products to seek legal redress against States district court under the Federal Rules graphic, or other harmful material in mo- the producers of such products in cases of Civil Procedure. tion pictures) where the content of such products causes, (5) FAILURE TO OBEY A SUBPOENA.—If a per- exacerbates, or otherwise influences destruc- son refuses to obey a subpoena issued by the Mr. BOND. I send a modified amend- tive behavior. Commission under paragraph (1) or (2), the ment to the desk on behalf of myself (D) Whether Federal regulation of the con- Commission may apply to a United States and Senator DOMENICI, and I ask for its tent of motion pictures is appropriate. district court for an order requiring that per- immediate consideration. (E) What other actions the Federal Govern- son to comply with such subpoena. The ap- The PRESIDING OFFICER. The ment might take to reduce the quantity of plication may be made within the judicial clerk will report. and access to motion pictures containing district in which that person is found, re- The assistant legislative clerk read violent, pornographic, or other harmful ma- sides, or transacts business. Any failure to as follows: terials. obey the order of the court may be punished (f) REPORTS.— by the court as civil contempt. The Senator from Missouri [Mr. BOND], for (1) IN GENERAL.—Not later than one year (i) PROCEDURES.—The Commission shall himself and Mr. DOMENICI, proposes an after the date of the enactment of this Act, meet on a regular basis or at the call of the amendment numbered 345, as modified. the Commission shall submit to the Presi- Chairperson or a majority of the members of Mr. BOND. I ask unanimous consent dent, the Speaker of the House of Represent- the Commission. reading of the amendment be dispensed atives, and the Majority Leader of the Sen- (j) PERSONNEL MATTERS.—The members of with. ate a report on the review conducted under the Commission shall serve on the Commis- subsection (e). sion without compensation, but shall be al- The PRESIDING OFFICER. Without lowed travel expenses including per diem in objection, it is so ordered. (2) RECOMMENDATIONS.—The report may in- clude recommendations of the Commission lieu of subsistence, as authorized by section The amendment (No. 345), as modi- only if approved by a majority of the mem- 5702 of title 5, United States Code, when en- fied, is as follows: bers of the Commission. gaged in the performance of the duties of the At the appropriate place, insert the fol- (g) POWERS.—The Commission may for the Commission. lowing: purpose of carrying out this section— (k) STAFF.—The Commission shall appoint a staff director and sufficient support staff, SEC. ll. COMMISSION ON ACCOUNTABILITY OF (1) conduct hearings, take testimony, issue THE MOTION PICTURE INDUSTRY. subpoenas as provided in subsection (h), and including clerical and professional staff, to carry out the duties of the Commission (a) SHORT TITLE.—This section may be receive such evidence, as the Commission cited as the ‘‘Motion Picture Industry Ac- considers appropriate; under this section. The total number of staff countability Act’’. (2) secure directly from any department or under this subsection may not exceed 10. (l) DETAILED PERSONNEL.—At the request (b) PURPOSE.—The purpose of this section agency of the Federal Government such in- of the Chairperson of the Commission, the is to establish a commission to study the formation as may be necessary for the Com- head of any department or agency of the motion picture industry and make rec- mission to carry out the duties of the Com- Federal Government may detail, without re- ommendations to Congress and the President mission under this section; imbursement, any personnel of the depart- to promote accountability in the motion pic- (3) use the United States mails in the same ment or agency to the Commission to assist ture industry in order to reduce juvenile ac- manner and under the same conditions as the Commission in carrying out the duties of cess to violent, pornographic, or other harm- the departments and agencies of the Federal the Commission under this section. ful material in motion pictures. Government; and (m) FUNDING.— (c) ESTABLISHMENT.—There is established a (4) receive from the Secretary of Com- (1) AUTHORIZATION OF APPROPRIATIONS.— commission to be known as the ‘‘Motion Pic- merce appropriate office space and such ad- There are authorized to be appropriated ture Industry Accountability Commission’’ ministrative and support services as the $1,000,000 to carry out this section. (in this section referred to as the ‘‘Commis- Commission may request. (2) AVAILABILITY.—Amounts appropriated sion’’). (h) SUBPOENAS.— pursuant to the authorization of appropria- (d) COMPOSITION.— (1) IN GENERAL.—If a person fails to supply tions in paragraph (1) shall remain available (1) COMPOSITION.—The Commission shall be information requested by the Commission, until expended. composed of 12 members appointed as fol- the Commission may by majority vote re- (n) TERMINATION.—The Commission shall lows: quire by subpoena the production of any terminate 60 days after the date on which (A) Four members shall be appointed by written or recorded information, document, the Commission submits the reports required the President. report, answer, record, account, paper, com- by subsection (f). (B) Four members shall be appointed by puter file, or other data or documentary evi- the Speaker of the House of Representatives. dence necessary to carry out its duties under Mr. BOND. Mr. President, we have (C) Four members shall be appointed by this section. The Commission shall transmit heard a lot about gun shows, pawn the Majority Leader of the Senate. to the Attorney General a confidential, writ- shops, and ammo clips these past few (2) CHAIRPERSON.—The Chairperson of the ten notice at least 10 days in advance of the days. We have been told that if we just Commission shall be jointly designated by issuance of any such subpoena. A subpoena tweak the law a little here, or add an- the Speaker of the House of Representatives under this paragraph may require the pro- other provision making something else and the Majority Leader of the Senate from duction of materials from any place within illegal that somehow people who gun among the members of the Commission. the United States. (3) QUALIFICATIONS.—At least one member (2) INTERROGATORIES.—The Commission down others in cold blood won’t do it of the Commission appointed by each of the may, with respect only to information nec- anymore. President, the Speaker of the House of Rep- essary to understand any materials obtained It’s as if wishing would make it so. resentatives, and the Majority Leader of the through a subpoena under paragraph (1), Thirty years ago we had very few gun Senate shall be the parent of a child under issue a subpoena requiring the person pro- laws, and surprisingly, no high school the age of 18 years. ducing such materials to answer, either shooting sprees to document every few (e) COMPREHENSIVE REVIEW.— through a sworn deposition or through writ- days, every few weeks, or every few (1) IN GENERAL.—The Commission shall ten answers provided under oath (at the elec- months. conduct a comprehensive review of the mo- tion of the person upon whom the subpoena But thirty years ago we also had tion picture industry with a focus on juve- is served), to interrogatories from the Com- nile access to violent, pornographic, or other mission regarding such information. A com- stricter discipline in schools, no school harmful materials in motion pictures. plete recording or transcription shall be officials worried about lawsuits if they (2) ASSESSMENT.—In conducting the review, made of any deposition made under this expelled a violent child, and parents the Commission shall assess the following: paragraph. who also exerted more control.

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5696 CONGRESSIONAL RECORD — SENATE May 20, 1999 Now we have a new gun law a year. I ask unanimous consent to have from the film. Just days after its premiere, We have school officials who fear law- printed in the RECORD a May 11, 1999, Money Train, itself based in part on real in- suits, and federal law which seems de- article by Michael Atkinson entitled cidents, inspired token-booth thieves to in- signed to keep violent kids in class- ‘‘The Movies Made Me Do It.’’ cinerate the clerk inside. High school rooms, rather than removed—although There being no objection, the mate- footballers were maimed and killed lying rial was ordered to be printed in the down on busy highways after viewing The I hope the Frist-Ashcroft amendment Program. Child’s Play and it first two RECORD, as follows: will make some improvements. And we straight-to-tape sequels hold the record for [The Village Voice, May 11, 1999] have an industry—in the name of en- the sheer number of dead: besides two-year- THE MOVIES MADE ME DO IT tertainment—that produces violence old Jamie Bulger, stoned to death by a pair (By Michael Atkinson) and violent pornography at such a pace of 10-year-old Chucky fans in Liverpool, and that no one has any idea of the breadth On March 5, 1995, Sara Edmondson, the 18- 16-year-old Suzanne Capper, burned alive in year-old scion of one of Oklahoma’s most Manchester by Chucky fans who played lines and width of exposure our kids now prominent political clans, holed up with her of the movies’ dialogue to here as she was have to it. 17-year-old boyfriend Ben Darras in her fam- being tortured, there is the dizzying slaugh- Movies, television, videos, music, ily’s cabin with a video Copy of Natural Born computer games. Killing, maiming, and Killers, a Smith & Wesson .38, and a reported ter of 35 Tasmainian vacationers by Martin destruction—all in the name of enter- 17 tabs of acid. It’s clear neither how many Bryant, a mental patient ‘‘obsessed’’ with tainment. times they watched the film nor what the Chucky. Why is anyone surprised in this new timetable had been for dropping all that But for sheer inspirational force, and the topsey-turvy world, that some students dope, but, over the next two days, the teen- highest number of captured impulse killers plan mass murders rather than plan- agers road-tripped south, first shooting who have directly credited the film Natural ning their graduation party. Hernando, Louisiana, cotton-gin manager Born Killers might be the one plus ultra of Today I thought it time to inject a Bill Savage, and then, the following day, copycat-killing source material. Besides the convenience-store clerk Patsy Byers. Ini- little dose of reality into these pro- Edmondson-Darras road trip, there have tially they had intended to go to a Grateful been killings in Utah, Georgia, Massachu- ceedings, and get us started down a Dead concert in Memphis, but got the date setts, and Texas (where a 14-year-old boy de- road which I believe needs to be ex- wrong. Edmondson got 35 years; Darras got capitated a 13-year-old girl), all involving plored. My amendment empanels an life. children who afterward quoted the film to Savage was DOA, and his hometown friend independent commission to study the firends and authorities. In Paris, a pair of John Grisham raised a public stink over the motion picture industry—from top to young lovers, Florence Rey and Audry Oliver Stone film, threatening to sue for Maupin, led the police on a chase that killed bottom—to see if the federal govern- product liability but never filing. Luckless, ment is subsidizing, facilitating or oth- Byers was left a quadriplegic and later died five; supposedly, Rey said, ‘‘It’s fate,’’ a la erwise encouraging the production of of cancer, but her family’s lawyer has filed a Woody Harrelson’s character Mickey, when violent, or pornographic materials. civil suit against Edmondson, Darras, caught. Another pair of Parisians, Veronique And if so, to make recommendations to Edmondson’s parents, Stone, and Time War- Herbert and her boyfriend Sebastien Paindavoine, lured a 16-year-old to his stab- Congress and the President to promote ner, maintaining that the film’s creators ‘‘knew.... or should have known’’ that vio- bing death with promises of sex; a scene accountability in the motion picture right out of Stone’s film. Herbert has even industry in order to reduce juvenile ac- lence would result from its being shown. In March, after bouncing around Louisiana named the Stone film in ther defense cess to violent, pornographic, or other courts, the case went to the Supreme Court There are scores of other examples—even harmful material in motion pictures. and was seen as good to go. Beavis and Butt-head has its ghosts, inno- Simply put, we want to discourage, not Here comes the flood. This April, the fami- cent bystanders killed by child-lit fires or encourage access to these materials. lies of three Kentucky girls left dead after child-tossed bowling balls. Hunt-and-kill At the outset, let’s make it clear the prayer-group shooting spree of 14-year- computer games, which provide ersatz com- that a great deal of what kids see on old Michael Carneal in 1997 have filed a $130 bat training, have also been cited in the the big screen is not harmful and it is million lawsuit against no fewer than 25 par- Carneal suit. Of course, in each case, the pre- ties, including five film companies involved done by talented people who are just as cise psychological role media played is never with the film The Basketball Diaries; a sin- clear—nor can it be, until we can map a concerned about our young people as gle scene allegedly incited Carneal to action. anyone else. However, there are hun- brain like a computer hard drive. In fact, The dream sequence, of Leonardo DiCaprio some of what the press has reported about dreds, if not thousands of releases each gunning down his classmates, should be im- the similarities between particular murders year that have profound effects on mediately familiar to even those who and particular films is flat-out wrong— teens who see them. haven’t bothered seeing the film, thanks to scores of scenes that never occurred in the news coverage of the Littleton rampage. Let us be very clear about one other Child’s Play 2 were said to have been reen- Littleton itself is destined to become the na- thing before we continue, because we acted in the Bulger murder. Still, when a tion’s mother lode of hydra-headed copycat— have head a lot about the gun industry Georgia teen yells out ‘‘I’m a natural born crime civil suits directed at the manufactur- killer!’’ to news cameras after being arrested and their so-called political power. ers of pop culture, just as the Klebold-Harris for killing an elderly man, the tie-in is hard Mr. President, they don’t hold a can- scenario immediately became something to to ignore. dle to the movie industry. Hollywood mimic in high schools from coast to coast. has the money, the glamour, the life- Copycat crimes have attained front-burner Legally, it may be impossible to prove in- style of the rich and famous. They have notoriety, and some day soon Hollywood’s tent on behalf of a filmmaker or a beyond-a- Beverly Hills, they generate publicity liberty will be pitted against the perceived reasonable-doubt cause-and-effect affiliation for a living, and they have access to welfare of America children. between specific movies and specific vio- It’s an old but neglected dynamic, and the Lincoln Bedroom. In fact, the NRA lence. How do you account for the millions of wherever you stand on the issue, itemizing unaffected consumers? What’s equally at actually brought in a famous actor in the carnage attributed to the influence of issue is the common cultural presupposition order to have some hope of getting a movies is chilling business. After The Birth that the entertainment media bear no culpa- fair hearing for its position. of a Nation hit big in 1915, the KKK enjoyed bility for those who wreak havoc in imita- But the most disturbing, and least a huge resurgence and lynching stats shot tion of it. Movies are movies, homicidal nuts discussed these past few days, is ex- up. James Cagney’s psycho gangster in are homicidal nuts, the crimes would occur actly who it is in this country that has White Heat (1949) was blamed for inspiring with or without a movie’s sensationalized glamourized guns and violence. It is Brit Chris Craig’s 1952 shooting of a police- prodding. So the wisdom goes. But is our re- certainly not everyone’s favorite bo- man. A clockwork Orange’s 1971 release was lationship with movies so simple, or is there followed by several rapes in England accom- in fact something deeper, darker, going on? geyman the NRA. It is not the panied by the rapists’ renditions of ‘‘Singin’ biathletes who compete in the Olym- Could it be that visual media aren’t merely in the Rain,’’ after which Stanley Kubrick a harmless, ephemeral diversion from re- pics. Quite simply, it is the entertain- permanently removed the film from British ality, but a powerful factor in that reality circulation. Magnum Force’s murder-by- ment industry. Guns, gore, and vio- bearing consequences we haven’t foreseen? lence, targeted not at soccer moms— Drano was reenacted in Utah, The Deer Hun- but to their sons. ter precipitated a rash of fatal Russian rou- Since most of the incidents we’re aware of And worse yet, it is not just gun use, lette duels, a fierce love of First Blood sent have children at their centers, this may prove to be true. According to University of but gun misuse which is glorified. Gun- a deranged Englishman named Michael Ryan tearing through his village commando-style, Michigan professor L. Rowell Huesmann, an toting murders as heros, out to right killing randomly. Taxi Driver spoke to John expert researcher on the relationship be- some perceived wrong. Who even knew Hinckley; RoboCop gave ideas to two sepa- tween violent media and violent behavior, what an Uzi or Tech 9 was until they rate killers, each of whom admitted that ‘‘It’s been well established that media vio- saw it in some show? their evisceration methods were adopted lence makes kids behave more aggressively.

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 20, 1999 CONGRESSIONAL RECORD — SENATE S5697 Of course, there’s no scientific way to evalu- Now I don’t believe we need any more see if it is possible to bring some dis- ate how media violence may have or many studies outlining the numbing effects cipline and responsibility to those who have not caused real violence, but there’s that movie and television violence are producing and marketing the in- definitely a relationship, a ‘‘priming’’ or sanity. As you all know, not everyone ‘‘curing’’ of behavior for certain individuals. have on our children. What we need to The reasons are well understood in psy- know is—are the American taxpayers in the film industry is proud of what chology: even as toddlers, if we see other subsidizing this numbing down of their colleagues produce for the public. kids push and hit to get what they want, we American youth? And if so, what can I have no intention of painting with a imitate it, we begin to learn scripts for that and should we do about it? broad brush, but the ones without dis- behavior. In addition, there have been stud- That is why our Commission looks to cipline—the ones that don’t care about ies: you show images of gore to young chil- people who are independent of the our children, should not be shielded dren, they have a universally negative reac- power and influence of the motion pic- from scrutiny just because they may be tion: their heartbeat goes up, their palms some of the best people to invite to sweat, and so on. You show it to them again ture industry. and again, and those indications go away. Clearly, advertising is directed at at- parties, vacations and fund-raisers. They adapt, they become desensitized.’’ tracting all audiences including our The Commission is proposed to be Dr. Carole Lieberman, a Beverly Hills- young. These wealthy and talented in- made up of 12 members appointed by based ‘‘media psychiatrist,’’ blames parental dustry people have a right to produce the President, the Majority Leader and patterns of consumerism. ‘‘There’s no ques- this material but we should not extend the Speaker and review the following: tion that parents see it happen. The Ninja them every courtesy when it comes to (1) How the government, through the Turtles were a significant sign: everyone polluting the minds of our young. tax code or otherwise, subsidizes, fa- could see how specific violent behaviors were cilitates or otherwise reduces the cost derived directly from that show. But they There is always parental responsi- still buy the kids the computer, the violent bility, but that does not excuse others of the production of violent, porno- CD games. It’s cognitive dissonance—they from acting responsibly as well. graphic, or harmful materials and know, but they don’t want their kids to be Does it, or does it not, take a village changes necessary to curtail such as- left out, to be unarmed.’’ to raise a child? Last I looked, Holly- sistance; It seems the entertainment complex wood is part of our village. So where is (2) How the movie industry markets knows, too: Last week, MGM announced the responsibility of those who produce to children and how such marketing they’d like to recall every copy of The Bas- can be regulated; ketball Diaries from store shelves but can’t the harmful material? Though the power of the motion pic- (3) What standard of civil and crimi- thanks to a prohibitive rights agreement nal liability currently exists and what that lasts until June 30. Even within the Hol- ture industry is great, we should take a lywood chambers, the cattle can get turn listening to parents instead of ac- standard is sufficient to allow victims spooked: Money Train scriptwriter Doug tors and show leadership instead of to seek legal redress against motion Richardson was voted down for membership cowardice. Some may object on behalf picture productions in cases where con- in the Academy thanks to the subway-booth tent leads to destructive behavior; of the wealthy merchants of carnage torching. ‘‘Nobody would say it was because (4) Whether federal regulation of con- and smut saying they have a constitu- of that incident,’’ Richardson says, ‘‘but no tent is appropriate; one would deny it. So, as a writer, am I sup- tional right to pollute the minds of our (5) What other federal action might posed to wonder if what I’m doing is drama children and have no responsibility as be taken to reduce the quantity of and or pornography? Science is going to have to an artist or producer to use their power juvenile access to movies containing get in up to its elbows in this, I think. It’s a to try and help our nation’s parents. very complicated issue, and doesn’t deserve violent, pornographic, or harmful ma- But I think they are wrong. Short- terials. sound-bite answers. Especially since there’s sighted and wrong. so much suffering. The amendment requires that a ma- And the suffering, not of Hollywood Thus if we adopt the Bond-Domenici jority report be made within a year of filmmakers told they shouldn’t make amendment, we will be saying it is enactment and requires that a min- ultraviolent movies but of families with time that parents, and grandparents— imum number of parents be appointed murdered children, may be what the debate not just Hollywood moguls—will have to the commission. Further, it author- should be about. ‘‘We could make a great an opportunity to participate in the de- izes a budget for professional staff to step forward by simply restricting the bate on how best to protect our chil- assist on these very complex issues. amount of violence to which children are ex- dren. And if this notion offends the posed,’’ Huesmann says. ‘‘That’s no great This would be a powerful commission constitutional dilemma. I wouldn’t be sur- Hollywood crowd and their ubiquitous with a broad mandate that could rec- prised if at this point Oliver Stone came presence in Washington—so be it. We ommend that we make merchants of forth and said, ‘Yes, the film obviously af- should make quite certain that the death liable for their work, that we fects some people in a certain way,’ and if he public is not contributing or facili- make the polluter pay; or outline ways did, that would be a significant first step.’’ tating the production of this sort of to discourage advertising to our chil- (Oliver Stone declined to comment.) material and not facilitating its mar- dren. We may not enact their rec- ‘‘Every study indicates a relationship,’’ Huesmann concludes. ‘‘Here’s a not greatly keting to our young people. Of, that if ommendations but I think it is time we known fact: that the statistical correlation we are, people understand it and decide hear the truth from parents—parents between childhood exposure to violence in it is good use of national resources. without connections to Hollywood. media and aggressive behavior is about the Now there are other thoughtful It is a balanced commission and the same as that between smoking and lung can- amendments to this underlying bill President will get his opportunity to cer.’’ which call on Clinton Administration make appointments. He must appoint a Mr. BOND. Mr. President, it outlines agencies to study advertising or anti- parent of a child but he can also ap- ‘‘copycat’’ acts of violence who fashion trust provisions. My amendment is de- point a first amendment absolutist and their criminal actions—murder and signed to get the best minds outside of he can appoint Oliver Stone to the rape—off brilliant ‘‘how to’’ works of the Clinton Administration and Holly- commission if he so desires. theater such as ‘‘Natural Born Killers’’ wood—and if you have any serious I know Members on both sides of the and ‘‘Basketball Diaries.’’ questions why, I think this past week- aisle share my frustration. They too We know that merchants of violence end’s multi-million fund-raising trip to have had parents tell them that each profit handsomely from some products Beverly Hills answers those imme- year it gets harder and harder to keep which hurt our children and cost our diately. the violent images out of their kids society. Who for a second believes that It is with a great sense of frustration lives. Not only movies and videos, but the 40,000 murders that our children that I come to you and that is because television, CDs, video games, radio, and witness on the TV screen during their I am tired of telling parents that there even print ads. childhoods does not have some terrible is nothing we can do to help shield The images are starker, the violence numbing effect. We can’t stop Holly- their kids beyond relying on the good more pronounced, the mayhem more wood from producing the insanity, but will and tender mercies of the same graphic. No parent can keep it all out we can attempt to discourage it and to ones making blood money off the trash. because it comes from everywhere. help them share in the burden that If the government can’t do anything What I am saying here today is that it their ‘‘profiteering at any cost’’ im- about it at this time, I think it is is time to start holding people respon- poses on society. worth letting someone on the outside sible for their choices, and that at a

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5698 CONGRESSIONAL RECORD — SENATE May 20, 1999 minimum, we should know if the par- Mr. LEAHY. Mr. President, I have to tax. Fortunately, the ‘‘excise tax’’ lan- ents of America are paying taxes to oppose this $1 million study of ‘‘how guage was taken out by the sponsor of subsidize the filth they then try to the Federal Government and State and the amendment, but the ‘‘power to keep out of their homes. local governments, through their tax- tax’’ language remains. The Bond-Domenici amendment is ing power or otherwise’’ helps support The PRESIDING OFFICER. The Sen- the right thing to do. or subsidize the cost of producing ‘‘vio- ator from California. Mr. President, I yield 4 minutes to lent, pornographic or other harmful Mrs. BOXER. Mr. President, I thank the Senator from New Mexico. materials.’’ Even though this is just a my friend, the ranking member for The PRESIDING OFFICER (Mr. study, I have serious concerns about yielding. I hope he will stay on the SANTORUM). The Senator from New researching the need for more taxing floor just a moment because I wanted Mexico. power. to ask him something. In this amend- Mr. DOMENICI. Mr. President, I Second, the juvenile crime bill al- ment, on page 4, is something that might not even take that long. ready contains a package of amend- completely astounds me. This commis- I want to compliment the Senator ments regarding the study of the mo- sion is going to look at whether the from Missouri for his proposal and just tion picture industry. Third, the causes regulation of the content of motion speak a little bit about a word that is of teen violence are complex and dif- pictures is appropriate. on a lot of people’s minds these days. ficult to handle with tax policy. Federal regulation—is this the Soviet In fact, many people are saying: Boy, it Fourth, the amendment provides broad Union? What are we doing? I ask my sure would be great if we could get re- subpoena powers. friend if this disturbs him that we sponsibility back into our schools so I appreciate that Senator BOND modi- would be considering the Federal Gov- our children could learn what responsi- fied his amendment by taking out the ernment regulating the content of mo- bility means. study of how another tax, an excise tion pictures. I think it would be great if we could tax, might be structured for ‘‘violent, Mr. LEAHY. I say to my friend from get the entertainment industry to California, what I also worry about is show a little responsibility. Some re- pornographic, or other harmful motion how you determine what it is. I heard sponsibility from those who make picture materials.’’ What is considered one Senator on the floor speak of hav- films and produce TV shows, produce harmful in Tulsa, may not be consid- ing more wholesome movies. I am all advertisements, produce many of the ered harmful in Niagara Falls, or vile computer games our young people Boise, or Key West. But in terms of the for that. There are a lot of movies that are using so they become excellent ‘‘power to tax’’ language still in the I consider absolutely classic. I like the sharpshooters, excellent killers. In amendment it is not clear if the Fed- ‘‘Quiet Man’’ with John Wayne. It was fact, some of these computer games eral Government, or towns or states, filmed near the part of Ireland from have made our children proficient at would tell movie producers what con- where my father’s family came. But shooting people right through the tent they considered ‘‘harmful’’ or there is violence, fighting, drunkenness head, one after another, because they ‘‘violent.’’ Thus while the ‘‘excise tax’’ a little bit here and there. What do you learned it on the computer game. language was just taken out the study determine it is? Does the market carry Everyone seems to be saying that our of the ‘‘power to tax’’ is still in the that? There are a lot of wholesome children need to learn greater responsi- amendment. And that raises a lot of films that make it. bility. Actually, Hollywood and those issues. I see some things that might be con- who produce television shows and mov- If this power to tax authority were sidered wholesome. One very popular ies, they are the ones in need of a new used what would that mean? It is not with children are Teletubbies, but yet sense of responsibility. I do not know at all clear how that would work. I do we heard one leading conservative reli- any way, under our Constitution, to not see why we should spend $1 million gious leader say that it should be stop what is happening. I do not know to study the ‘‘power to tax.’’ There taken off the air because he objected to if I would be wise enough to figure it were major fights years ago about one of the Teletubbies. out. But I tell you, the adults who are whether to censor the line in ‘‘Gone Maybe we have Teletubbies on one in the entertainment industry have to, with the Wind’’—‘‘Frankly, my dear, I side and televangelists on the other. sooner or later, look at themselves and don’t give a damn.’’ In many towns, Somebody suggested in one cartoon: say: What is our responsibility to the that line could have been taxed under a Teletubby Tinky Winky; Televangelist young people of this country? ‘‘power to tax’’ if they had it then. Dopey Wopey. But that is what I read Right now it seems there is none, Now, that line caused enormous num- in the paper. other than to make money. If the bers of debates and editorials. I suspect Do we take that off or tax it? Maybe adults in the entertainment industry that could have gotten a whopping tax after the $1 million this amendment re- continue to refuse to produce films back then. Or Clark Gable could have fers to we might have a better idea. I that are good for our young people, just said: ‘‘Frankly, my dear, I am am not too sure I want even my own even if it is more difficult to sell them, really annoyed.’’ communities to determine what tax if they refuse to go out and get innova- How would a new ‘‘power to tax’’ they will impose and the Federal Gov- tive people to write the kinds of things given to local, state or the Federal gov- ernment determine what tax they will that are salutary and healthy and help- ernment work? The earlier ‘‘excise impose and then have censor boards all ful, then I believe they are irrespon- tax’’ idea that was recently dropped over the place determining this one we sible. I believe they need a lesson in re- raised lots of questions also. I do not will tax a little itty-bitty, and this one sponsibility. Instead, they hide admi- know what editing of movies local gov- we will tax biggie bitty-bit. rably behind the Constitution. ernments might have ended up doing. I point out, we do already have in the I believe, if our forefathers who put Concerning the excise tax language, juvenile justice bill a package of the First Amendment in the Constitu- now dropped, I wondered would the amendments regarding the study of the tion, the freedom of speech that the en- local or the Federal government have motion picture industry, so that is tertainment industry hides behind, imposed the tax before the movie was going to be done anyway. could see what they produce, what they produced, after the movie was pro- Mrs. BOXER. I point out to my feed to our young people, what they duced, or during the editing of the friend, who is such an advocate of the feed to our society under the alleged movie? Or, would the States or the Constitution, that this is the third one. protection of that Amendment, I be- Federal Government have told the pro- We have investigation mania going on lieve they would reconsider and try to ducers ahead of time how much they here. This is the third investigation of figure some way to make sure we had a would tax them on each scene? If they the entertainment industry that is bit more responsibility built into this were to do it that way, could they take going to be voted on in this Senate; the aspect of the American free enterprise some scenes out or pay the extra tax, third investigation. Fortunately, on system. like a gas-guzzler tax? I understand the first one, we expanded it to include I yield the floor. there are a lot of violent battle scenes the gun industry. So there is one inves- The PRESIDING OFFICER. The Sen- in the new Star Wars movie. That tigation of the gun industry and how it ator from Vermont. would have had a pretty big gross to peddles its products to kids, and then

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 20, 1999 CONGRESSIONAL RECORD — SENATE S5699 there are three investigations of the third investigation of the entertain- the mayhem and violence and murder entertainment industry. But this is the ment industry. that is being marketed to their kids, to very first one where it says in this This is amazing to me. And this one their kids’ friends, to their kids’ neigh- bill—and I say to my friends, read it. is frightening to me, to think that the bors every time they turn around. They are going to look at whether Federal Government may now begin to We think it is time that somebody there should be Federal regulation of regulate the content of movies. I sim- looked at how we hold Hollywood ac- the content of motion pictures. ply think that the American people do countable. I am asking not that we in- Maybe the Senator from Missouri is not want to see their Government reg- vestigate. I believe there is enough evi- interested in writing movies, but I am ulating what can be said in a movie. If dence of these teenage killers, citing not. This is what it is about. None of us you do not like a movie, don’t go see it, the fact that they have been inspired was elected to be a movie writer. There as Senator LEAHY said yesterday. Don’t by movies, to know that something has is no bureaucrat I know who ought to spend your dollars on violence. Turn to be done. sit around and write movies. We now the movie channel. But to set up now a My good friend from California said, have three investigations of the motion third commission on the entertainment we are regulating content. I believe she picture industry in this bill. industry, this is just going over the was one of the leaders who argued for Let me tell you what they are. The top. And suggesting that they look at regulating the content of tobacco ad- first one was the Brownback amend- ways to regulate content, that is a vertising and said we are going to ment. I actually supported it. Every- frightening thought to me. eliminate tobacco advertising. That is body did. I thought: OK, we will have a I do not have much hope that this content. That is regulation. That is commission; it will look at youth vio- will be defeated because it seems to be regulation of speech. lence. That commission calls for the something we are getting used to here: Incidentally, you can regulate what Federal Trade Commission and the At- Let’s have an investigation; it’s easy; is going to children. We do regulate torney General, with all the powers of it’s easy; have an investigation. speech. We do not allow pornography their offices, to look at the marketing By the way, it is going to cost $1 mil- to go to kids. We do not allow tobacco tactics of the motion picture industry, lion. Do you know how many slots that advertising to go to them. I will tell the entertainment industry, and the could take care of for kids waiting in you something, when I see ‘‘Basketball video games industry and see if they line to get in afterschool programs? Diaries,’’ with Leonardo DiCaprio as a are, in fact, taking advantage of our Let’s use it on something that works. teenage hero walking into a classroom children. A million dollars on this commission. I in a black trenchcoat, with a gun, and Then we have the Lieberman Com- know my friend is a fiscal conserv- murdering his fellow students, I see mission, which is part of the managers’ ative. I hope when this bill gets to con- there is a message that Hollywood has amendment, which sits in this bill. I ference, they can take these three in- sent to our kids. If I could regulate it, have it in front of me. Mr. LIEBERMAN, vestigations and put them into one, be- if I could stop it, I would like to stop Mr. MCCAIN, Mr. BYRD, Mr. BROWN- cause this is simply amazing to me. it. BACK, Ms. LANDRIEU, et cetera. They I have every belief that the Senator’s I want to get a national debate going are establishing a national youth vio- commission will be adopted. The Sen- and ask and see how we can stop this lence commission and it refers to the ate is in the mood to launch yet an- filth being targeted at our kids. Does various powers of that commission. other investigation, point another fin- anyone think ‘‘Basketball Diaries’’ is That is investigation No. 2. ger and, ‘‘Yes, I voted against after- designed to attract older movie viewers Now comes along, in case we did not school, but I voted for that commis- like me? I do not think so. That is tar- do enough of this, investigation No. 3. sion; I am going to save our kids.’’ geted directly to kids. How do we deal Duplicative, I add, of the others, but a I am very surprised we are looking— with that? That is what the Domenici- lot more frightening, because it in- as a matter of fact, I did not even know Bond amendment asks. All of the ob- cludes the possibility of Federal regu- this was coming up until somebody fuscation and all of the misleading ar- lation of the content of motion pic- said it. I thought: Wait a minute, that guments put up by the good folks in tures. is confusing; we already have two in- Hollywood are not going to take atten- It refers to changing the law to seek vestigations. Now we have yet a third. tion away from the fact that they are legal redress against producers. My I know what I am saying is not pop- responsible. friend from Missouri can take comfort ular around here, but I worry when we Just in the last couple days the in the fact that we are already doing start talking about the Government President of CBS said he was going to what he wants to be done, with the ex- regulating content. That reminds me of withdraw a violent drama called ception of looking at the content. the old Soviet Union. That is gone. ‘‘Falcone.’’ I quote Leslie Moonves. I do not know whether this is going Let’s not follow that model. While it’s not fair to blame the media for to be accepted or if there is a vote. I hope people vote against this. the rampage, Moonves said that ‘‘anyone More than likely it is going to be Again, I do not hold out much hope, who thinks the media has nothing to do with adopted. Set up a commission. How but I hope people vote against this. I this is an idiot.’’ about doing something that will help? yield back my time. I suggest that tells the tale. How about keeping our kids busy after The PRESIDING OFFICER. Who I yield the remainder of my time to school? Oh, no, I only got two people yields time? the Senator from Utah. from the other side of the aisle. Keep Mr. BOND. Mr. President, I yield my- Mr. HATCH addressed the Chair. our children busy after school so they self 3 minutes. The PRESIDING OFFICER. The Sen- are not sitting in front of the tele- The PRESIDING OFFICER. The Sen- ator from Utah has 1 minute remain- vision? Oh, no, we couldn’t do that, ator is recognized for 3 minutes. ing. even though we have a million children Mr. BOND. One always is impressed Mr. HATCH. All the Senator wants to waiting in line to get into afterschool with the ability of Hollywood and their do is set up a Commission to review programs. obfuscation. We have heard some re- these matters. We have plenty of work But, oh, let’s have a third commis- sponses from the Hollywood commu- in this bill to take care of it. sion and beat up on the entertainment nity. They said this is a massive tax Now look, the first amendment is not industry and that is going to help keep bill. That is not what the purpose was. absolute. There are a lot of limitations our kids out of trouble. We amended the amendment so it does on the first amendment recognized by Look at the FBI statistics. That is not even refer directly to taxes. the courts: obscenity, pornography, when there is juvenile crime. This is a The Senator from Vermont men- fighting words, time restrictions, such juvenile justice bill. We do a little tioned and gave a wonderful rendition as nudity in television programming— something for afterschool in this bill, of ‘‘Gone With The Wind’’ and ‘‘Star that may be stopped, television pro- but it is just that, a little something. Wars.’’ We are not worried about ‘‘Star gramming that may be aired—indecent It will not take care of the backlog of Wars.’’ We are not worried about speech, exposure to children, and we all the children who are waiting, but, ‘‘Gone With The Wind.’’ We are worried could go on and on. It isn’t like this is oh, we can feel real good and set up a about parents who cannot stop all of something unprecedented.

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5700 CONGRESSIONAL RECORD — SENATE May 20, 1999 I think we have to look at these mat- The PRESIDING OFFICER. Without fore ‘‘engaging’’ the following: ‘‘possessing ters and see what we can do to change objection, it is so ordered. illegal drugs, or illegal drug paraphernalia, the culture in this society, because The amendments, en bloc, are as fol- on school property, or in vehicles operated by employees or agents of, schools or local that is what is wrong. It is a lot more lows: education agencies, or’’. important than guns or anything else. AMENDMENT NO. 369 ‘‘(b) COMPLIANCE DATE; REPORTING.— We have made it possible for these (Purpose: To amend the Gun-Free Schools ‘‘(1) States shall have two years from the kids to see all kinds of filth and vio- Act of 1994 to require a local educational date of enactment of this Act to comply with lence coming out of their ears. After a agency that receives funds under the Ele- the requirements established in the amend- while, they get so that it becomes part mentary and Secondary Education Act of ments made by subsection (a). ‘‘(2) Not later than three years after the of their lives. That is why this bill is so 1965 to treat possession, on school prop- erty, of felonious quantities of illegal date of enactment of this Act, the Secretary important. It is a lot more important of Education shall submit to Congress a re- than some of the assertions by some drugs the same as gun possession on such property) port on any State that is not in compliance people on behalf of their amendments. with the requirements of this part. But this is an amendment that I think At the appropriate place, insert the fol- ‘‘(3) Not later than two years after the date lowing: we ought to vote for. of enactment of this Act, the Secretary of ‘‘SEC . SAFE SCHOOLS. The PRESIDING OFFICER. The time Education shall submit to Congress a report ‘‘(a) AMENDMENTS.—Part F of title XVI of analyzing the strengths and weaknesses of has expired. the Elementary and Secondary Education approaches regarding the disciplining of chil- 1 The Senator from Vermont has 2 ⁄2 Act of 1965 (20 U.S.C. 8921 et seq.) is amended dren with disabilities.’’ minutes remaining. as follows: Mr. LEAHY. Mr. President, this side ‘‘(1) SHORT TITLE.—Section 14601(a) is AMENDMENT NO. 370 has how many minutes? amended by replacing ‘‘Gun-Free’’ with (Purpose: To amend section 10102 of the Ele- The PRESIDING OFFICER. Two and ‘‘Safe’’, and ‘‘1994’’ with ‘‘1999’’. mentary and Secondary Education Act of a half minutes. ‘‘(2) REQUIREMENTS.—Section 14601(b)(1) is 1965 regarding elementary school and sec- Mr. LEAHY. We yield back the time. amended by inserting after ‘‘determined’’ the ondary school counseling) The PRESIDING OFFICER. The Sen- following: ‘‘to be in possession of felonious At the end, add the following: quantities of an illegal drug, on school prop- ator yields back the remainder of their SEC. ll. SCHOOL COUNSELING. erty under the jurisdiction of, or in a vehicle Section 10102 of the Elementary and Sec- time. operated by an employee or agent of, a local ondary Education Act of 1965 (20 U.S.C. 8002) Mr. BOND. Mr. President, I ask for educational agency in that State, or’’. is amended to read as follows: the yeas and nays. ‘‘(3) DEFINITIONS.—Section 14601(b)(4) is ‘‘SEC. 10102. ELEMENTARY SCHOOL AND SEC- The PRESIDING OFFICER. Is there a amended by replacing ‘‘Definition’’ with ONDARY SCHOOL COUNSELING DEM- sufficient second? ‘‘Definition’’ in the catchline with ‘‘part’’, ONSTRATION. There appears to be a sufficient sec- by redesignating the matter under the catch- ‘‘(a) COUNSELING DEMONSTRATION.— ond. line with ‘‘part’’, by redesignating the mat- ‘‘(1) IN GENERAL.—The Secretary may The yeas and nays were ordered. ter under the catchline after the comma as award grants under this section to local edu- subparagraph (A), by replacing the period cational agencies to enable the local edu- Mr. HATCH addressed the Chair. with a semi-colon, and by adding new sub- cational agencies to establish or expand ele- The PRESIDING OFFICER. The Sen- paragraphs (B), (C), and (D) as follows: mentary school counseling programs. ator from Utah. ‘‘(B) the term ‘‘illegal drug’’ means a con- ‘‘(2) PRIORITY.—In awarding grants under Mr. HATCH. I ask unanimous consent trolled substance, as defined in section 102(6) this section, the Secretary shall give special that we stack this amendment along of the Controlled Substances Act (21 U.S.C. consideration to applications describing pro- with the Biden amendment to be voted 802(6)), the possession of which is unlawful grams that— upon at a time to be determined by the under the Act (21 U.S.C. 801 et seq.) or under ‘‘(A) demonstrate the greatest need for new two leaders. the Controlled Substances Import and Ex- or additional counseling services among the Mr. LEAHY. I agree. port Act (21 U.S.C. 951 et seq.), but does not children in the schools served by the appli- mean a controlled substance used pursuant cant; The PRESIDING OFFICER. Without to a valid prescription or as authorized by ‘‘(B) propose the most promising and inno- objection, it is so ordered. law; and vative approaches for initiating or expanding Mr. EDWARDS addressed the Chair. ‘‘(C) the term ‘‘illegal drug paraphernalia’’ school counseling; and The PRESIDING OFFICER. The Sen- means drug paraphernalia, as define in sec- ‘‘(C) show the greatest potential for rep- ator from North Carolina. tion 422(d) of the Controlled Substances Act lication and dissemination. CHANGE OF VOTE (21 U.S.C. 863(d)), except that the first sen- ‘‘(3) EQUITABLE DISTRIBUTION.—In awarding Mr. EDWARDS. On rollcall vote No. tence of that section shall be applied by in- grants under this section, the Secretary 137, I voted ‘‘no.’’ It was my intention serting ‘or under the Controlled Substances shall ensure an equitable geographic dis- Import and Export Act (21 U.S.C. 915 et seq.)’ tribution among the regions of the United to vote ‘‘aye.’’ I ask unanimous con- before the period. States and among urban, suburban, and rural sent that I be permitted to change my ‘‘(D) the term ‘‘felonious quantities of an areas. vote. This would in no way change the illegal drug’’ means any quantity of an ille- ‘‘(4) DURATION.—A grant under this section outcome of the vote. gal drug— shall be awarded for a period not to exceed The PRESIDING OFFICER. Without ‘‘(i) possession of which quantity would, three years. objection, it is so ordered. under federal, State, or local law, either con- ‘‘(5) MAXIMUM GRANT.—A grant under this The foregoing tally has been changed stitute a felony or indicate an intent to dis- section shall not exceed $400,000 for any fis- to reflect the above order. tribute; or cal year. ‘‘(ii) that is possessed with an intent to ‘‘(b) APPLICATIONS.— Mr. HATCH addressed the Chair. distribute.’’. ‘‘(1) IN GENERAL.—Each local educational The PRESIDING OFFICER. The Sen- ‘‘(4) REPORT TO STATE.—Section agency desiring a grant under this section ator from Utah. 14601(d)(2)(C) is amended by inserting ‘‘ille- shall submit an application to the Secretary AMENDMENTS NOS. 369 AND 370, EN BLOC gal drugs or’’ before ‘‘weapons’’. at such time, in such manner, and accom- Mr. HATCH. Mr. President, I send a ‘‘(5) REPEALER.—Section 14601 is amended panied by such information as the Secretary Helms amendment on safe schools and by striking subsection (f). may reasonably require. a Harkin-Lincoln amendment to the ‘‘(6) POLICY REGARDING CRIMINAL JUSTICE ‘‘(2) CONTENTS.—Each application for a SYSTEM REFERRAL.—Section 14602(a) is grant under this section shall— desk and ask for their immediate con- amended by replacing ‘‘served by’’ with ‘‘(A) describe the school population to be sideration. ‘‘under the jurisdiction of’’, and by inserting targeted by the program, the particular per- The PRESIDING OFFICER. Without after ‘‘who’’ the following: ‘‘is in possession sonal, social, emotional, educational, and ca- objection, it is so ordered. The clerk of an illegal drug, or illegal drug para- reer development needs of such population, will report. phernalia, on school property under the ju- and the current school counseling resources The legislative clerk read as follows: risdiction of, or in a vehicle operated by an available for meeting such needs; employee or agent of, such agency, or who’’. ‘‘(B) describe the activities, services, and The Senator from Utah [Mr. HATCH] pro- poses amendments numbered 369 and 370, en ‘‘(7) DATA AND POLICY DISSEMINATION UNDER training to be provided by the program and bloc. IDEA.—Section 14603 is amended by the specific approaches to be used to meet inserting‘‘current’’ before ‘‘policy’’, by strik- the needs described in subparagraph (A); Mr. HATCH. I ask unanimous consent ing ‘‘in effect on October 20, 1994’’, by strik- ‘‘(C) describe the methods to be used to reading of the amendments be dis- ing all the matter after ‘‘schools’’ and insert- evaluate the outcomes and effectiveness of pensed with. ing a period thereafter, and by inserting be- the program;

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 20, 1999 CONGRESSIONAL RECORD — SENATE S5701 ‘‘(D) describe the collaborative efforts to ‘‘(L) ensure that school counselors, school year a student determined to be in pos- be undertaken with institutions of higher psychologists, or school social workers paid session of felonious quantities of ille- education, businesses, labor organizations, from funds made available under this section gal drugs. We’re talking about quan- community groups, social service agencies, spend at least 85 percent of their total tities that indicate hard-core drug use, and other public or private entities to en- worktime at the school in activities directly hance the program and promote school- related to the counseling process and not or drug trafficking. We’re talking linked services integration; more than 15 percent of such time on admin- about dangerous, and predatory, behav- ‘‘(E) describe collaborative efforts with in- istrative tasks that are associated with the ior. We’ve simply got to get the people stitutions of higher education which specifi- counseling program. who bring these things into our schools cally seek to enhance or improve graduate ‘‘(3) REPORT.—The Secretary shall issue a out of our schools. programs specializing in the preparation of report evaluating the programs assisted pur- Now, I know that some of my col- school counselors, school psychologists, and suant to each grant under this subsection at leagues may be concerned with the school social workers; the end of each grant period in accordance consequences of turning disruptive stu- ‘‘(F) document that the applicant has the with section 14701, but in no case later than personnel qualified to develop, implement, dents out onto the streets for one year. January 30, 2003. I assure everyone that I understand and administer the program; ‘‘(4) DISSEMINATION.—The Secretary shall ‘‘(G) describe how any diverse cultural pop- make the programs assisted under this sec- that concern and direct their attention ulations, if applicable, would be served tion available for dissemination, either to the Alternative Education Grant through the program; through the National Diffusion Network or provision found in the underlying bill. ‘‘(H) assure that the funds made available other appropriate means. This demonstration grant provides under this part for any fiscal year will be ‘‘(5) LIMIT ON ADMINISTRATION.—Not more funding to state and local education used to supplement and, to the extent prac- than five percent of the amounts made avail- agencies to set up alternative edu- ticable, increase the level of funds that able under this section in any fiscal year cation in appropriate settings for dis- would otherwise be available from non-Fed- shall be used for administrative costs to eral sources for the program described in the ruptive or delinquent students. These carry out this section. services are designed to improve the application, and in no case supplant such ‘‘(d) DEFINITIONS.—For purposes of this sec- funds from non-Federal sources; and tion— academic and social performance of ‘‘(I) assure that the applicant will appoint ‘‘(1) the term ‘school counselor’ means an these students and to improve the safe- an advisory board composed of parents, individual who has documented competence ty and learning environment of regular school counselors, school psychologists, in counseling children and adolescents in a classrooms. This three-year demonstra- school social workers, other pupil services school setting and who— tion project will provide alternative personnel, teachers, school administrators, ‘‘(A) possesses State licensure or certifi- education to juveniles in trouble with and community leaders to advise the local cation granted by an independent profes- educational agency on the design and imple- or at risk of getting in trouble with the sional regulatory authority; law, such as students who are expelled mentation of the program. ‘‘(B) in the absence of such State licensure ‘‘(c) USE OF FUNDS.— or certification, possesses national certifi- for carrying firearms or drugs to ‘‘(1) IN GENERAL.—Grant funds under this cation in school counseling or a specialty of school. section shall be used to initiate or expand counseling granted by an independent profes- I applaud the efforts of Senator school counseling programs that comply sional organization; or HELMS for continuing to seek effective with the requirements in paragraph (2). ‘‘(C) holds a minimum of a master’s degree ways to curb the spiraling increase in ‘‘(2) PROGRAM REQUIREMENTS.—Each pro- gram assisted under this section shall— in school counseling from a program accred- drug abuse among our nation’s youth. ‘‘(A) be comprehensive in addressing the ited by the Council for Accreditation of Anyone familiar with my record on personal, social, emotional, and educational Counseling and Related Educational Pro- combating illegal drug use knows that needs of all students; grams or the equivalent; I am in favor of stiff penalties designed ‘‘(B) use a developmental, preventive ap- ‘‘(2) the term ‘school psychologist’ means to deter criminal behavior, and never an individual who— proach to counseling; more so than when we are talking ‘‘(C) increase the range, availability, quan- ‘‘(A) possesses a minimum of 60 graduate semester hours in school psychology from an about behavior that harms our school tity, and quality of counseling services in children. I think this amendment, the elementary schools of the local edu- institution of higher education and has com- cational agency; pleted 1,200 clock hours in a supervised which contains a specific exception to ‘‘(D) expand counseling services only school psychology internship, of which 600 the one-year expulsion rule by allowing through qualified school counselors, school hours shall be in the school setting; the chief administering officer of the psychologists, and school social workers; ‘‘(B) possesses State licensure or certifi- local educational agency to modify the ‘‘(E) use innovative approaches to increase cation in the State in which the individual expulsion requirement for students on children’s understanding of peer and family works; or a case-by-case basis, is a measured and ‘‘(C) in the absence of such State licensure relationships, work and self, decision- principled response to the scourge of making, or academic and career planning, or or certification, possesses national certifi- cation by the National School Psychology drugs in our schools. to improve social functioning; Like the original Gun Free Schools ‘‘(F) provide counseling services that are Certification Board; well-balanced among classroom group and ‘‘(3) the term ‘school social worker’ means Act, this amendment is motivated not small group counseling, individual coun- an individual who holds a master’s degree in only by a desire to punish those who seling, and consultation with parents, teach- social work and is licensed or certified by bring illegal objects into schools, but ers, administrators, and other pupil services the State in which services are provided or also to address the immediate threat to personnel; holds a school social work specialist creden- the entire student population created ‘‘(G) include inservice training for school tial; and by the presence of those objects. As counselors, school social workers, school ‘‘(4) the term ‘supervisor’ means an indi- with guns, felonious quantities—drug- psychologists, other pupil services personnel, vidual who has the equivalent number of years of professional experience in such indi- trafficking quantities—of illegal drugs teachers, and instructional staff; present a direct and serious hazard, ‘‘(H) involve parents of participating stu- vidual’s respective discipline as is required dents in the design, implementation, and of teaching experience for the supervisor or both to the individual possessors, and evaluation of a counseling program; administrative credential in the State of to the other students as well. For this ‘‘(I) involve collaborative efforts with in- such individual. reason, it is appropriate that sanctions stitutions of higher education, businesses, ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— be the same in both cases. labor organizations, community groups, so- There are authorized to be appropriated to Mr. HATCH. I ask unanimous consent cial service agencies, or other public or carry out this section $15,000,000 for fiscal that the amendments be accepted en private entities to enhance the program and year 2000 and such sums as may be necessary bloc and that any statements relating for each of the 4 succeeding fiscal years. promote school-linked services integration; to the amendments be printed at the ‘‘(J) evaluate annually the effectiveness Mr. HATCH. With respect to the appropriate place in the RECORD. and outcomes of the counseling services and amendment offered today by Senator The PRESIDING OFFICER. Without activities assisted under this section; HELMS, which amends the Gun Free ‘‘(K) ensure a team approach to school objection, it is so ordered. Schools Act of 1994, I must say that I The amendments (Nos. 369 and 370), counseling by maintaining a ratio in the ele- support this effort to make our schools mentary schools of the local educational en bloc, were agreed to. agency that does not exceed 1 school coun- gun and drug free. Mr. LEAHY. I move to reconsider the selor to 250 students, 1 school social worker The amendment would require an vote. to 800 students, and 1 school psychologist to educational agency that receives fed- Mr. HATCH. I move to lay that mo- 1,000 students; and eral funds to expel for not less than one tion on the table.

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5702 CONGRESSIONAL RECORD — SENATE May 20, 1999 The motion to table was agreed to. COPS Program; it can be used to pay I have spent, as has the Senator from Mr. HATCH. I understand we now overtime; it can be used to reimburse New Mexico who was on the floor, a move to the Biden amendment, the last current cops for college and graduate long time in this body. I think we both amendment before final passage. school courses up to a percentage of agree that if you take this job seri- Mr. BIDEN addressed the Chair. the total money here. ously and you sit in hearings year after The PRESIDING OFFICER. The Sen- Since the original crime bill was the year, day after day, month after ator from Delaware. Biden crime bill that became the 1994 month, unless you are an absolute AMENDMENT NO. 371 crime bill—we put in this COPS amend- idiot, you eventually learn something. (Purpose: To establish a 21st century ment. At the time, we were told by ev- Every single, solitary criminologist, community policing initiative) eryone, whether it was liberal news- every single expert, every single person Mr. BIDEN. I send an amendment to paper editorials saying, we have tried who testified before the Judiciary the desk and ask for its immediate con- this before and more cops don’t work, Committee in the 16 years I chaired it sideration. or conservatives arguing that this was or was a ranking member, said, we The PRESIDING OFFICER. The just a great big social welfare pro- don’t know a lot about crime but one clerk will report the amendment. gram—it was going to hire a bunch of thing we know: If there is a cop on this The legislative clerk read as follows: social workers—we have demonstrated corner and no cop on the other corner The Senator from Delaware [Mr. BIDEN] for that it had never been done before and and a crime is going to be committed, himself, Mr. SPECTER, Mr. SCHUMER, Mrs. it works when it is done. it is going to be committed where the BOXER, and Mr. KOHL, proposes an amend- I am reminded of the quote attrib- cop is not. ment numbered 371. uted to G.K. Chesterton. He said, it is The second thing we know: If you Mr. BIDEN. I ask unanimous consent not that Christianity has been tried have a cop in a neighborhood and they reading of the amendment be dispensed and found wanting; it has been found get to know the folks in the neighbor- with. difficult and left untried. hood, a simple thing happens—trust The PRESIDING OFFICER. Without The truth of the matter is, up to the gets built. They know the cop’s name. objection, it is so ordered. time of the crime bill of 1994, we had If they know who the cop is, they are (The text of the amendment is print- never made a full blown major commit- going to be more inclined to call the ed in today’s RECORD under ‘‘Amend- ment to help local law enforcement of- officer aside when a crime has been ments Submitted.’’) ficers increase their number. We have, committed and say, Officer John, I The PRESIDING OFFICER. The Sen- in fact, increased the number of cops know who did that. If it is a wave-by ator from Delaware has 221⁄2 minutes. wearing uniforms—of local police offi- and a cop is going by in a car and he is Mr. BIDEN. I beg your pardon? I cers, not Federal cops—by 100,000 cops. not a community cop, they don’t want thought I had 30 minutes. The crime rate has plummeted, not to take the chance of putting them on The PRESIDING OFFICER. I am solely because of that but, I would the line. sorry. The Senator from Delaware has argue, in large part because of that. I realize these are very simple, basic, 30 minutes. Now, I have been here long enough to trite-sounding things I am saying, but Mr. BIDEN. I thank the Chair. know that one of the dangers of being this program works. It works well. Mr. President, I send this amendment here long enough and having worked There are a lot of ideas here that on behalf of the primary sponsors: The hard on setting up a government pro- ended up being rejected because they Senator from Pennsylvania, Mr. SPEC- gram, which you thought about and do not pass the test of ‘‘not invented TER; the Senator from New York, Mr. conceived and worked on for years and here.’’ I realize there are some con- SCHUMER; the Senator from California, years to get adopted, is that you be- cerns, on the part particularly of my Mrs. BOXER; and the Senator from Wis- come a captive of your own program. Republican colleagues, that this may consin, Mr. KOHL; and others. So the Senator from Pennsylvania and be—and I am not talking about the This is a pretty straightforward I would talk, back in the early days Senator from Pennsylvania or anyone amendment. My amendment extends when he got here and I got here, about in particular—a program that is viewed for another 5 years the COPS Program community policing and how impor- as being identified with the Demo- which was created in the 1994 crime tant it was. cratic Party, the President; therefore, bill. As we all know, the COPS Pro- Cops didn’t want community polic- why do we keep it going for another 5 gram has put over 100,000 police officers ing. Mayors did not want community years? on the—well, they are not all on the policing. No one wanted it. My friend I respectfully suggest that there have street yet, but it funded 100,000 police from Pennsylvania talked about career been some incredibly good ideas that officers, of whom about 11,000 are in criminals and pointed out that only 6 have come out of the Republican cau- training now. I have put on the desk of percent of the criminals in America cus, including the block grant notion every Member of the Senate a list of committed over 60 percent of the vio- for police departments, including more the number of police officers, State and lent crimes in America. To both of us, flexibility to be given to local law en- local police officers, that have been it didn’t seem like rocket science. If forcement officers. I want my col- funded under the COPS Program in you focused on going after that 6 per- leagues to know—and I understand the their States. cent and you put more cops on the limitations my friend from Utah had in I have put on the desk of every Mem- street and you took them out of patrol being able to reach an agreement ber of the Senate the reduction in vio- cars and put them on a beat, that here—I was prepared to accept the lent crime, in property crimes, that would have a positive impact. community block grant portion of the has occurred in their State since the I didn’t have the experience my Republican program in order to get a crime bill of 1994, which was passed, friend from Pennsylvania had of being consensus in this process. We didn’t get and I would make the argument that a prosecutor. I might add, the office he there. I hope that when this passes, if we do not have to reinvent the wheel was the chief prosecutor of in Philadel- it passes, we can still, as we move on here; it works. Cops on the street phia tries more criminal cases in 1 year through this year, move on to that through the COPS Program work. than the entire Federal system tries in good idea as well. I didn’t try to incor- The COPS Program is going to expire a year. The entire Federal system tries porate it here because it is not my next year. Our amendment authorizes fewer cases than are tried in the Phila- idea, it is the idea of the chairman of $1.15 billion per year through the year delphia prosecutor’s office, the Phila- the Judiciary Committee and others on 2005. delphia DA. I didn’t have the experi- the Republican caucus with whom I Let me explain what it does. There is ence, but I was smart enough to listen have to agree. $600 million more for police on the to him. And I was smart enough to lis- Now, let me say this: One of the streets every year, which would give ten to enough people who have been things we learned from the COPS Pro- the States up to another 50,000 police out there and had the experience. So as gram and its functioning is that, as officers over the next 5 years. This hard as it is to believe, it took us about well as it works, it can be made to money, though, can always be used to 6 years to convince people that putting work better. I say to my friend from retain current officers hired under the local cops on the beat made sense. New York, Senator SCHUMER, he has

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 20, 1999 CONGRESSIONAL RECORD — SENATE S5703 been deeply involved. He carried this should be allowing the cops to take a years where the principal job was pros- load in the House when we did this in portion of the money they get and pay ecution, tough sentences for tough 1994. He was a leader on the COPS Pro- for the continuing education of law en- criminals, and dealing with career gram. What he and I have both found forcement officers. I still believe that criminals—that when we deal with of- out from our local law enforcement of- the greatest safety lies in educated po- fenders who are going to be released, ficers is that they need more flexi- lice officers who fully understand the we ought to have rehabilitation. It is bility. They need to be able to use this Constitution, who increase their edu- no surprise when a functional illit- COPS money in ways that go beyond cational background. So that is an- erate, without a trade or a skill, leaves hiring a new shield, to be able to keep other innovation in this bill. incarceration will go back to a life of cops who are on the beat and use this There is much more in it that I will crime. It is not only in the interest of money. They also want to be able to not bore the floor with at this time. I the individual to have rehabilitation, pay overtime, because they get the know a lot of people are trying to get but also in the interest of law-abiding same coverage as they would if they through this bill. I respectfully sug- citizens to avoid having that individual hired a new cop, if they are allowed to gest—and it is imprudent of me to say become a repeater. pay overtime. So we built into this ex- this—I think this is, in a substantive The same thing, candidly, applies to tension of the COPS Program more sense, the single most important first and second offenders. Where we flexibility. amendment we could add to this bill. have a career criminal—somebody who To the best of my knowledge—my I guarantee you—and I am willing to has three or more major offenses—then staff is behind me; I don’t have it in bet anybody in this body dinner—that I think life imprisonment and throwing front of me—I believe every major po- if we add another 50,000 cops out there away the key is the appropriate con- lice organization has endorsed this and and this technology, we are going to sequence. When we deal with juveniles, we ought to be aware of the so-called endorsed it on this bill, because it have a significantly greater impact on seamless web, to apply 50 percent of works. reducing juvenile crime than we would the funding which, of course, comes to The second thing—and I will shortly without it. It works, folks. Let’s not the attention of the appropriators. I yield to my friend from Pennsylvania, reinvent the wheel. and then I want to reserve time for my I have a parliamentary inquiry, Mr. considered submitting an amendment which would have called for a 50/50 split friend from New York as well—is that President. How much time remains in between the tough aspect of prosecu- there is $350 million in here for law en- control of the Senator from Delaware? tion and incarceration contrasted with forcement to get new technologies to The PRESIDING OFFICER. The Sen- rehabilitation, literacy training, and enhance crime fighting, such as better ator has 20 minutes 33 seconds remain- job training. I decided not to do that communications systems so cops in dif- ing. since it really is within the function of ferent jurisdictions can communicate, Mr. BIDEN. Mr. President, I yield 9 minutes to my friend from Pennsyl- the appropriators. and even the ability to target hot I have a comment on the vote in the vania and 9 minutes to my friend from spots, and new investigative tools like Senate to defeat the provision that was New York. I will reserve 2 minutes for DNA analysis. The cops have come to offered as an amendment yesterday. myself to close. me and they have said, this is what we This would have imposed, in this bill, a The PRESIDING OFFICER. The Sen- need; this is what we need. mandatory requirement on the States ator from Pennsylvania is recognized I am one who believes that as long as that all those 14 years and older be for 9 minutes. they keep doing the job as well as they tried as adults on a category of serious Mr. SPECTER. Mr. President, I have been, we should give them the offenses. That was defeated soundly. A thank my colleague from Delaware for tools they need. majority of Republicans voted against There is one last piece, and then I yielding me the time and for submit- it, and I voted against it, and I was will yield. The cops have been doing ting this amendment, which I have co- glad to see that amendment rejected on such a good job that the prosecutors in sponsored. I believe that police on the a number of grounds. One is that we Senator SPECTER’s old office are over- street constitute a very significant de- ought not to be dictating to the States whelmed. They are overwhelmed. You terrent effect—and that the 95,000 or how they construct their juvenile jus- put 100,000 more cops on the job, 545,000 100,000 police who have been added tice system. And we ought not to con- cops who have already been on the job across America have been a factor in dition Federal funding, which would be and who had not been in community reducing the crime rate—which we the stick to dictate the States as to policing but are all now community po- have noted in the past several years. I how they operate. lice, and you have had a phenomenal think that is one factor. The other concern I had was that impact on crime, but also a phe- The additional prison space, the fact being tough on crime is very, very im- nomenal impact on putting more pres- that more men and women are incar- portant, but there are a lot of vari- sure on the court systems in the State cerated—regrettably, but necessarily— ations on juveniles. The theory of the and local governments. I think has been a contributing factor. juvenile court was to treat an adjudica- So there is in this bill $200 million for The armed career criminal bill, which tion of delinquency as those under 18. community prosecutors to expand the provides for a sentence for 15 years to There is ample discretion in the juve- community policing concept to engage life for those found in possession of a nile court to have a juvenile tried as an the whole community in preventing gun and have committed three or more adult for a serious offense. That flexi- crime. These cops, as I said, have been serious offenses has been a significant bility ought to be left to the juvenile so successful with their jobs that the contributing factor. courts, and that flexibility and that de- next piece of the puzzle, the new bot- I would like to offer a comment or termination ought to be left to the tleneck, is State prosecutors. Local two about the bill. I compliment Sen- States. prosecutors, they need help. So the ator HATCH and Senator LEAHY, the Overall, I think this bill will be a next major piece of this bill is $200 mil- managers of the bill, for the work they step forward. The legislation that has lion for community prosecutors. have done. I am hopeful that within been enacted with respect to guns, I Lastly, you are only allowed to use a the authorized portions of this bill think, has to be viewed as only a part portion of the COPS money for this, comes to the appropriations process, of the picture. My own reluctance on but one of the things the cops have there will be an even 50/50 split on the restrictions on guns has come from come to us and said is, we have a lot of measures designed for prosecution and the fact that there has not been an ap- cops who want to increase their edu- incarceration, contrasted with meas- propriate response by the courts on cation; we have a lot of cops who want ures for rehabilitation, job training, tough sentences for tough criminals. to go back to college, who want to be and education. There are three layers that we have better cops. If you are a schoolteacher When we deal with juvenile offenders, to attack on this line. I have discussed in most districts and you go off and we deal with a category of offenders two. One is the life sentences and the teach school and you go off and get who will one day get out. I believe— long periods of incarceration for career your graduate degree, the school dis- based on the experience I had being dis- criminals. Second, is realistic rehabili- trict helps you pay for that. I think we trict attorney of Philadelphia for 8 tation for juveniles and other offenders

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5704 CONGRESSIONAL RECORD — SENATE May 20, 1999 who will be released from jail. Third, is have seen it work in every part of my Mr. NICKLES. Just a few billion dol- the violence that has gripped Amer- State. lars. ica—juvenile violence especially. Violence is down, property theft is Mr. BIDEN. Over 5 years—it is over After Littleton, CO, I called Dr. down, police officers are more fulfilled $1 billion. Koop, former Surgeon General, who in the job that they do. In my own Mr. NICKLES. $1.150 billion each commented to me that he had—as home State, in Buffalo, crime has been year. early as 1982—filed a report identifying slashed more than 30 percent; in Al- Mr. BIDEN. That is correct. juvenile violence as a medical problem. bany, 24 percent; in Nassau County, 24 Mr. NICKLES. That is to hire how I conferred with Surgeon General percent; in New York City, 44 percent. many cops? Satcher on the issue. We are trying to Talk to police chiefs, talk to ordinary Mr. BIDEN. It could hire up to 50,000 structure hearings on the Appropria- cops, talk to criminologists; they will cops. tions subcommittee I chair on health all point to the COPS Program. Mr. NICKLES. One-hundred and fifty and human services which funds the Of- My colleagues, this program expires thousand, or fifty thousand? fice of Surgeon General. Those three in the year 2000. If it is so successful, Mr. BIDEN. It could fund 50,000 cops lines, I think, have to be studied very and if we want to continue our fight for the entirety of the 5 years. But it closely—the sentencing for career against crime, we should be doing this. could also only hire 30,000 cops, if in criminals and rehabilitation for those Keep up tough punishment, keep up Oklahoma City they decide to use the who will be released and an effort to smart prevention, but continue to fund COPS money for overtime instead of understand and try to deal with the this successful program. hiring new shields. culture of violence we have in our soci- My colleague from Delaware is not Mr. NICKLES. What is the estimated ety today. being hyperbolic when he says this is cost, or subsidy, or the Federal pay- I thank the Chair, and I thank my one of the most important programs ment per cop? colleague from Delaware. I yield the that we passed. We need to continue it. Mr. BIDEN. It is roughly $50,000. floor, releasing the remainder of my And putting 30 to 50 new officers on the Mr. NICKLES. The first year? time. beat, particularly the middled-sized Mr. BIDEN. The first year—per year. The PRESIDING OFFICER. The Sen- and small cities, which have not ap- Mr. NICKLES. Let me back up. I will ator from New York is recognized for 9 plied because they haven’t had the reclaim my time, but please correct me minutes. chance that the larger cities have had, if I am wrong. I asked staff how much Mr. SCHUMER. Mr. President, I is vital. It will help economically dis- this subsidy cost, and they said the old thank the Chair, and I thank the Sen- tressed communities, which all of us program cost a total of $75,000 over 3- ator from Delaware not only for his represent—no matter what part of the year period—$50,000 the first year, generous use of the time—which I will country we are in—to absorb some of $15,000 the second year, and $10,000 the not need all of—but, more importantly, the long-term costs of new police hires. third year—for a total over a 3-year pe- for his leadership on this issue in 1994, And when crime goes down, which it riod of $75,000 in a Federal subsidy. and again today. And I thank my does, because of the COPS Program, Mr. BIDEN. That is correct. friend from Pennsylvania, as well, for there are more jobs in a community, Mr. NICKLES. The staff tells me that both of those things. there is better health in a community, under the proposed new authorization I have been in this Congress a long and the educational system works bet- that cost rises from $75,000 to $125,000 time; this is my 19th year. I have rare- ter in a community. It is good in every per police officer. Is that correct? ly seen a program be as effective as the way. Mr. BIDEN. I don’t know how they COPS Program. It has worked. It has COPS isn’t the only reason crime has get that number. brought police officers and, just as im- gone down. But, just the same, no one Mr. NICKLES. I am just getting it portant, new policing techniques from can reasonably claim it is not a good from staff. My point is that this is an the largest city to the smallest rural part of the reason. enormously expensive program. hamlet. Before this bill passed, Amer- I urge my colleagues in the strongest Let me ask the question a different ica, from one end of the country to the of terms to support this amendment to way. If I can have the Senator’s atten- other, was crying out: Do something continue this magnificently successful tion, I only have 7 minutes and I have about ending crime. program. to go kind of quick. Some said it is a local issue, not a I yield the remainder of my time. Can he tell how much the cost is per Federal issue. But the average person Mr. BIDEN. Mr. President, I would cop per subsidy per year? It is grad- didn’t care about that. The average like to reserve the remainder of the uated—100 percent the first year, and person just said to his or her govern- time. some other reduced percentage over ment: Please, in God’s name, do some- The PRESIDING OFFICER. The Sen- the next 2 years. Can the Senator give thing. Stop the robberies, stop the bur- ator reserves 9 minutes 4 seconds. us those percentages? Mr. SCHUMER. The time the Senator glaries, stop the auto thefts, and stop Mr. BIDEN. The same as the existing from Delaware so generously yielded to the murders. COPS Program. A number of us who were concerned me I yield right back to him. Mr. NICKLES. Let me reclaim my The PRESIDING OFFICER. The Sen- about this issue, including the Senator time. On page 10 of the amendment, it ator from Utah. from Delaware, the Senator from Penn- Mr. HATCH. Mr. President, I yield says ‘‘hiring cops.’’ It says the bill is sylvania, and myself when I was then such time as the Senator from Okla- amended by striking $75,000 and insert- in the House, just scoured the country. homa desires. ing $125,000. We tried to find out what worked—not The PRESIDING OFFICER. The Sen- The cost of this program—the sub- ideological, but something where we ator from Oklahoma. sidy of this program right now of the could have prevention or punishment. Mr. NICKLES. Mr. President, I thank current program, the one we have had We found out that community policing the former chairman of the Judiciary for the last 5 years—has been a Federal worked just about better than any- Committee, Senator BIDEN, who is on subsidy per cop of $75,000. That is a thing else. Yes, we should have incar- the floor. Maybe he can answer a cou- pretty generous subsidy. I believe the cerated more criminals—now we are— ple of questions. first year subsidy is $50,000. In Okla- and had tougher penalties. Yes, we I am trying to find out how much homa that may pay the entire salary of needed afterschool programs and this amendment costs. Can you tell me a cop. Maybe it doesn’t in some places. things to help. how much it costs a year? But it does in my State. Then the sub- The bill Senator BIDEN and I au- Mr. BIDEN. It will cost over 5 years sidy is reduced the next couple of years thored—he in the Senate and myself in $1.15 billion—total cost for 5 years. so that by the fourth year, the total the House—was called ‘‘tough on pun- Mr. NICKLES. Maybe I am reading cost of the program needs to be borne ishment, smart on prevention.’’ That the amendment wrong. The way I am by the city. was our credo. Probably the most im- reading the amendment, it says—— This subsidy is much greater. The portant and best program in that bill Mr. BIDEN. I beg the Senator’s par- Senator’s amendment says the subsidy was the COPS Program. As I say, I don. It is $1.150 billion per year. increases from $75,000 to $125,000. For

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 20, 1999 CONGRESSIONAL RECORD — SENATE S5705 $125,000, you can pay, frankly, probably ing more grants; 78 percent either receiving COPS MORE grants, 78 per- the entire 3-year salary in many could not demonstrate that they rede- cent, either could not demonstrate areas—certainly in rural areas. And ployed officers, or could not dem- that they redeployed officers or could some people said we purported to help onstrate they had a system in place to not demonstrate they had a system in them particularly. track the redeployment of officers into place to track redeployment of officers I just question the wisdom of doing community policing. At that point, the in community policing; 60 of 147 grant- it. COPS office counted 35,852 officers ees, 41 percent, showed indications of I have just two more comments. We under more programs toward the Presi- using Federal funds to supplant local are having the Federal Government dent’s goal of adding 100,000: we hadn’t funding, instead of using grant funds to provide for police in cities, and that is made it to 100,000. It says 60 of 147 supplement local funding; 83 of 144 not a Federal responsibility. I think it grantees—41 percent—showed indica- grantees, 58 percent, either did not de- is a mistake. tors of using Federal funds to supple- velop a good-faith plan to retain officer I also think it is kind of gratuitous ment local funding instead of using positions or said they would not retain to say this program is responsible for grant funds to supplement local fund- the officer at the conclusion of the the decline in crime rates. I think that ing. grant. might be a lot more attributable to a In other words, hey, Federal Govern- I believe there are some positive as- change in political leadership in the ment, thank you very much. You are pects to the COPS Program, but a $7 states and in the Congress. I know the helping meet our budgets, and we ap- billion program with serious questions mayor in New York City has had a dif- preciate the contribution. Meanwhile, concerning the management of the pro- ferent philosophy on crime which is it just so happens that we have a Fed- gram and the use of grants by recipi- greatly responsible for the reduction in eral Government that doesn’t have a ents should not pass the Senate with crime. Now he may take advantage of surplus, if you do not include the So- only a 45-minute debate. this program. In a lot of cities they are cial Security surplus. I want to work with my colleagues going to say: Hey, if you will help pay I don’t think we should be sub- on the law enforcement grant pro- for our police force, thank you very sidizing cities. I don’t think we should grams, but we should not try to do it much. get cities addicted to this program that on this bill. I will work with anyone But why should we be doing it? Is will never end, especially when you are who wishes to join me, but not on this that a Federal responsibility? talking about increasing the cost from bill. I plan to move a Department of The whole purpose of the program $75,000 per police officer to $125,000. I Justice reauthorization bill later this initially, if I understand it, was that don’t think we can afford that. year. If my colleagues truly wish to we were going to put 100,000 cops on the I urge my colleagues to vote no on work with me, I suggest to them we do street, but then phase it out. This was the amendment. this on that authorization bill. not going to be an addiction for cities. The PRESIDING OFFICER. The Sen- I reserve the remainder of my time. Mr. BIDEN. Mr. President, I reserve We would phase it out where the Fed- ator from Utah. Mr. HATCH. Mr. President, I rec- my remaining time. eral Government may pay 100 percent The PRESIDING OFFICER. The Sen- ommend to the Senator from Delaware the first year, but by the fourth year ator from Delaware has 9 minutes and that what we should have done is con- the subsidy is reduced to zero. Put an- the Senator from Utah has 5 minutes 14 sider this amendment—that is, the other way, where the Federal Govern- seconds. ment was paying most of the subsidy Senator’s legislative proposal—on the Mr. HATCH. I yield 3 minutes to the to get this thing started to hire new Department of Justice reauthorization distinguished Senator from Alabama. cops, but by the fourth year the cost bill, and deal with this issue at that Mr. SESSIONS. Mr. President, Sen- would be totally borne by the city. time, but only after hearings to see ator HATCH chairs the Judiciary Com- Now we are saying let’s extend it. Let’s whether we can resolve some of these mittee. It would be the responsibility just keep this thing going. Let’s have problems raised by the Inspector Gen- of that committee to give oversight to more Federal cops. eral. The Biden amendment reauthor- the COPS Program. It has been a 5- Then we passed an amendment yes- izes the Clinton administration’s COPS year program and requires a reauthor- terday, for the information of my col- Program. This amendment would cost ization. leagues, over my objection. But it in the neighborhood of $7 billion. It We just received, within the last passed by unanimous consent, unfortu- doubles the cost of this bill. I don’t op- month or 6 weeks, an inspector gen- nately. It said that we have a COPS pose more money to hire police and eral’s report from the Department of Program, and some of these cops are have law enforcement, but we need to Justice. This is President Clinton’s De- going into schools, and we will waive ensure flexibility in our grant pro- partment of Justice. It raised serious the requirement of local matching grams. The Biden amendment does not concerns about how this program is funds. In other words, the cops will be provide for adequate flexibility. The being managed and administered. paid for 100 percent by the Federal Congress has provided flexible grants When 78 percent of the recipients Government. That is now part of this to law enforcement through the local could not demonstrate they redeployed bill. We will waive the local contribu- law enforcement block grants. officers, or could not demonstrate they tion. So it won’t be just a partial Fed- Ironically, the President’s budget had a system in place to track the re- eral subsidy, it will be a total Federal zeros out funding for the block grant deployment of officers in the commu- subsidy. program. Here we are debating a $7 bil- nity policing, then we have a problem, Is that the Federal Government’s re- lion amendment. The Department of since the whole COPS Program was sponsibility? I don’t think so. Justice is proud of this program, but sold as a program to further commu- If we want to subsidize cities, sub- the Department of Justice’s Inspector nity policing. It was supposed to bring sidize cities. We are saying: Well, let’s General does not share their view. The new police officers on line. have the Federal Government do it. We Department of Justice’s Inspector Gen- We found 41 percent of the programs have a problem. Let’s just write a eral found serious mismanagement and inspected by President Clinton’s De- check. We don’t think the city should inappropriate use of funds. partment showed indicators of using be able to decide their own needs. Let me cite a few examples that the Federal funds to supplant local funds Maybe they need computers and cars, distinguished Senator from Oklahoma instead of using grant funds to supple- and not cops. Maybe they need a dif- referred to: ment local funding. ferent training program. But we are 20 out of 145 grantees, 14 percent, I am reading directly from the re- saying, no: you are going to have the overestimated salaries and or benefits port. cops. in their grant application. I won’t read These are very serious allegations. There is a study that was done by the all of this, but let me cite just a few To pass this amendment, $7 billion to inspector general, the IG. Maybe the more. reauthorize this program, in the dead Senator from Utah will allude to it. 74 of 146 grantees, 51 percent, in- of night without any hearing would be The IG’s research said—in just one ex- cluded unallowable costs in claims for a colossal blunder. It would be an abdi- ample—52 out of 67 grantees are receiv- reimbursement; 52 out of 67 grantees cation of our responsibility, especially

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5706 CONGRESSIONAL RECORD — SENATE May 20, 1999 in light of this scathing report by the you the story of Chief Jeff Lieberman The Chicago Police Department cited a inspector general’s office. The thought of Fountain City, Wisconsin. Chief Lie- number of local initiatives that made a of it boggles my mind. I can’t believe it berman polices a small town with big difference, including tracking every would be even suggested. city crime problems. Chief Lieberman gun used by juvenile offenders, and We ought to review, as we were sup- moved to Fountain City in 1992 and was using a towing ordinance in effect for posed to when the program passed 5 faced with an alarming juvenile crime narcotics and prostitution enforce- years ago, how it has worked. We rate. What could he do to decrease the ment. haven’t had any hearings on it. juvenile crime rate? While jails were Time and time again, the factor cited I yield the floor. being built and sentences were being by the successful police executives Mr. FEINGOLD. Mr. President, I rise stiffened, Chief Lieberman reached out traced the roots not to the Federal today in support of the amendment of- to the community. He embarked upon Government, but to local institutions, fered by my distinguished colleague a crusade to visit classrooms and teach citizens, and police chiefs imposing ac- from Delaware, Senator BIDEN. I would children about law enforcement and countability on their local police de- like to take this moment to highlight safety. To allow the children to relate partments. one element of Senator BIDEN’s amend- to him as they would to any other per- Perhaps the best example of all is New York City, where a new police ment, the extension and expansion of son and feel comfortable talking to chief successfully attacked quality-of- the Community Oriented Policing him, he would sometimes dress in life crimes and enforced accountability Services (COPS) Program. shorts and bring his dog to class. Not for the officers of the New York Police I have heard one consistent theme only has he won their respect, the chil- throughout the debate on this juvenile Department by setting standards of dren now show greater respect for their performance backed by a system of in- justice bill: a desire to stop, once and community. This success is reflected for all, the senseless schoolhouse centives and disincentives. New York by the fact that during his tenure, he City’s murder rate fell so fast its de- shootings like those that occurred in has reduced the juvenile crime rate by Littleton, Jonesboro and Paducah. crease alone accounted for over 25 per- an astonishing 99%. cent of the total nationwide drop in There is a growing sense among Ameri- Chief Lieberman has earned a reputa- cans that we are no longer safe in our homicides in 1996. tion in the community as a caring and In 1997, the 21.7-percent drop in mur- homes, in our schools, in our commu- compassionate citizen, as well as an ders in New York City represented 14.8 nities. But while we have heard sharply outstanding law enforcement officer. I percent of the total national decrease disparate views about issues like gun might add that Chief Lieberman was in murders. Yet, in New York City, control and content of video games in recently recognized for his effective which had 38,189 police officers in 1996, the debate so far, one sure way to re- community oriented policing by the they added precisely 342 Clinton cops duce crime and restore peace of mind is National Law Enforcement Officers by 1995. Only 28 of the 342 new cops through community oriented policing. Memorial Fund as the March 1999 Offi- were actually new hires. As you are aware, the COPS Program cer of the Month. I would like hearings on this matter. was established in 1994 to put more po- I do not believe the answer to the I would like another full authorization lice officers on the streets and to en- tragedies in Littleton, Jonesboro and bill. I hope our colleagues will not vote courage police interaction with the Paducah is one extreme or the other— to double the costs of this bill with this communities in which they work. This a ban on all guns or censorship of the particular amendment, as well in- program is a shining example of an ef- entertainment industry. The answer is tended as it is. fective partnership between local and to educate our young people, nurture The distinguished Senator from Dela- federal governments. It provides fed- them, protect them and give them ware knows that I have great feelings eral assistance to meet local objec- thousands more ‘‘Chief Liebermans’’ for him and for what he is trying to do, tives. It does not interfere with local across this country. Senator BIDEN’s but I also believe we ought to do it in prerogatives; it does not impose man- bill does just that. It provides for ex- the right way. dates. The program provides funding to panding the much-lauded COPS Pro- Mr. BIDEN. Benjamin Disraeli says counties, towns and cities to enable gram to ensure that we have 30,000 to there are three kinds of lies: lies, damn communities to put more police on the 50,000 ‘‘Chief Liebermans’’ in schools, lies, and statistics. street. Individual police and sheriff’s towns and cities across, not only Wis- I don’t know where my friends have departments have discretion over how consin, but the entire nation. I urge been. Every major police agency in the those funds are used, because they my colleagues to join me in supporting United States of America strongly en- know what problems their commu- this amendment and continuing our dorses this particular bill. The Na- nities face and the places they need drive to put more police officers on the tional Fraternal Order of Police, the International Association of Chiefs of help most. streets and in touch with their commu- Police, the National District Attorneys COPS has had a positive, and very nities. tangible, impact on communities I yield the floor. Association, the National Association throughout the country, including in Mr. HATCH. Let me make just a few of Police Organizations. my home state of Wisconsin, by put- more comments on this amendment. It You all ought to go home and speak to your chiefs. Find me in your State ting more police officers on our streets has been suggested by the amend- more than a handful of police officers and making our citizens safer. In the ment’s sponsors that the COPS pro- who will come and say this is a bad state of Wisconsin alone, COPS has gram is responsible for the decline in idea. Find me anybody in this country funded over 1,100 new officers and con- crime in our country. Now, crime rates who will say adding 92,000 cops on the tributed more than $70 million to com- are still far too high, and are very high street has not had an impact on crime. munities to make it happen. The COPS by historical standards. Be that as it Where have you been? What are we Program has succeeded because it helps may, we have seen some improvement talking about here? This doesn’t even individual officers to be a friendly and in the past several years. But has the pass the smell test. Those cops don’t familiar presence in their commu- COPS Program been responsible for matter? Ask Rudy Giuliani, who picks nities. They are building relationships even the modest improvements we have up the phone and calls me and says, with people from house to house, block seen? The evidence certainly suggests JOE, great idea, when the COPS bill to block, school to school. This com- not. passed. munity policing helps the police to do First of all, the program’s grants Mr. Riordan, a Republican mayor in their job better, makes the neighbor- have always been too spread out to Los Angeles: Great bill. hoods and schools safer and, very im- have more than a marginal impact on I wonder if anybody goes home to portantly, gives residents peace of crime rates. Second, law enforcement their States. My Lord, I don’t know mind. authorities themselves have been skep- where you all are. I look at these num- Let me illustrate the strong causal tical. For instance, in 1995, Chicago ex- bers. relationship between community ori- perienced sizable reductions in murder, Let’s talk about that report. Remem- ented policing and a reduction in the robbery, and assault well before the ber, I said there are three kinds of lies: crime rate. I would like to share with COPS Program ever got off the ground. lies, damn lies, and statistics.

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 20, 1999 CONGRESSIONAL RECORD — SENATE S5707 That report referred to by the inspec- says we will pay for all the money it [From USA Today, Apr. 13, 1999] tor general says 1.2 percent of the costs to put a cop in a school. Go home 100,000-COPS PROGRAM PROVES TO BE MOSTLY COPS Program could have been spent and tell the folks you do not want to HYPE better. Name for me a multibillion-dol- do that. Go home and tell the folks Nassau County, N.Y., needed more police, lar program the Federal Government that is simply a local requirement. or so it said. So, Uncle Sam ponied up $26 has ever conceived that has a 1.2-per- Inflexibility? The reason it is under million from President Clinton’s much- cent problem. $25,000 is flexibility. We want to give vaunted Community Oriented Policing Serv- Come on. As my daughter’s friends them more flexibility to use the mon- ices (COPS) program to help it add 383 police would say, Get real. What are we talk- eys they can use, still requiring the to the beat. And what happened? In an audit being ing about here? local municipality, the State, to put up compiled for the Justice Department, its Of- I was so amazed by the assertions their own money to do this. Come on, fice of Inspector General found that the ac- being made, I lost my train of thought name a program that has worked this tual number of county-funded police officers here. The inspector general’s report, well. Name a program that has had this went from 3,053 in May 1995 to 2,835 in May ‘‘Summary of the Findings of the IG,’’ much success. Name a program that 1998—a decline of 218. page II: has this little amount of waste. Name What’s going on? A lot of funny number In considering our COPS audit results it a program that has fewer Federal crunching at the expense of taxpayers and should be kept in mind that they may well strings attached to it. Name a pro- possibly crime-fighting. not represent the overall universe of grant- gram. When President Clinton initiated the $8.8 ees because, as a matter of policy, the COPS By the way: Oversight; oversight. We billion program in 1994, he promised it would put 100,000 more police on the street after program has referred to us for review those have had 5 years to have oversight. One riskiest grantees. five years. Then, communities pay their own of the reasons we have not had over- tabs. Do you get this? Unlike the Defense sight hearings, I suspect, is you do not But Nassau County is one of more than 100 Department, the Department of Edu- want to hear the results. Call in your communities where federal auditors found cation, any other Department, the At- mayors, call in your chiefs of police, costly problems. A final report detailing torney General’s Office said, we think call in your citizens, call in the PTA, them is expected this week. And initial re- maybe some of what we put out there call in the Marines. Call in anybody search for that report paints a bleak picture. may not be being used properly, so you you want. Say: ‘‘By the way, I’ll tell Richmond, Calif., for example, received go out and investigate for us. Give me $944,000 in COPS grants from 1995 to 1997 to you what we are going to do. We are add nine officers. It used the money to fund a break. going to cut funding for COPS, that’s When is the last time you heard vacant positions instead. Atlanta, federal what we’re are going to do.’’ I dare you. auditors found, used COPS money to replace someone at the Defense Department Come on. it own police funds, too. And auditors look- say: You know, we may have overpaid In New York City—I do not know ing at $400,000 in grants for Alexandria, Va., a contract; you ought to go inves- how many New York received. I will found no documentation that equipment pur- tigate. tell you what, New York State over chased with the grant money put more offi- When is the last time you heard this period received—I bring up the cers on the street as pledged. someone at the Department of Edu- subject because New York was men- Many of the communities have excuses. cation say: You know, we think we For instance, Nassau County is in fiscal cri- tioned —New York State has 10,550 sis. may have given a school district too cops. ‘‘But they did not make any dif- much money; go investigate. The discrepancies, though, indicate much ference, by the way. New York is safer of the hype for COPS is misleading. With the Attorney General of the because there is a Republican mayor. Two weeks ago, Vice President Al Gore United States of America, in the COPS That is the reason. COPS had nothing claimed COPS had already added 92,000 po- Program, there is a department called to do with this, nothing to do with lice, who were playing ‘‘a significant role in COPS. They said: We want you to look this. I want you all to know that, reducing crime,’’ Yet, as the audits indicate, at this. We could have made some mis- COPS had nothing to do with crime the numbers don’t add up. Many of the new takes here. We are not certain that going down.’’ police are fictitious. In addition, the admin- istration counted 2,000 police hired with every municipality used this money for Does everybody hear that? Is every- cops the way we wanted to use it. Go prior federal grants toward the 100,000 goal. body listening? ‘‘The additional cops Finally, a third of the counted positions look at it. have nothing to do with this.’’ That is have come from grants funding new civilian Now these guys are trying to hoist the Republican position. COPS do not positions and equipment, not police. Spo- them on their own request? have anything to do with this. If they kane, Wash., which wasn’t audited, says it By the way, 1.2 percent? I ask my do, the Federal Government should not added only a couple of dozen officers, though friend from Oklahoma, let’s look at the be involved. it was credited with adding more than 90. Defense Department; 1.2 percent? I will Let me conclude by saying this. My The reason: a $2.5 million equipment grant. lay you 8 to 5 I can find a 50-percent friend says, why should the Federal As for the claim that more police equals less crime, the evidence isn’t clear. waste of money in half the programs Government be involved? Because Fed- you support: 1.2 percent, what an in- Nassau County, despite its drop in police, eral policy is part of the problem. The has seen its crime rate drop as much as in dictment. Come on. You do not like the drug problem in America is a Federal New York City, which has increased its force COPS Program because it was not in- problem, not just a local problem. A by a third since 1992. And many communities vented there. significant portion of the crime is that didn’t accept any COPS grants saw By the way, I find it fascinating. One caused as a consequence of the inter- crime decline precipitously, too. of my friends said: You know, part of national drug problem, and it is a Fed- The COPS program has done little to ex- the problem here is this has nothing to eral problem, Federal responsibility. plain these discrepancies. It instead points do with COPS. It had to do with polit- I thank my friend. I hope my col- to support from police chiefs and national crime statistics as proof the program works. ical leadership. leagues will vote for this amendment. Guess who has been in charge. A guy The public naturally wants safer streets, I yield the floor. and the Clinton administration is trying to named Clinton. That is the first admis- The PRESIDING OFFICER. All time politically cash in again by pushing a new sion I have heard: Clinton reduced has expired. $6.4 billion plan to add up to 50,000 more po- crime, more than the COPS Program. The Senator from Utah. lice on the beat. But before Congress gives it More than the COPS Program. I find Mr. HATCH. Mr. President, I note the the money, it should demand that the ad- that not true, but kind of encouraging. distinguished Senator did not dispute ministration better monitor its grants and Look, COPS makes a difference. Ask the findings of the inspector general. results. Taxpayers shouldn’t be asked to pay your folks back home, ask the people I ask unanimous consent an editorial for police who may not even be there. in the gallery, ask the people out in from USA Today entitled ‘‘100,000–cops Mr. BIDEN. Mr. President, I ask the street, where would they rather program proves to be mostly hype’’ be unanimous consent the report of the IG have their money being spent? This printed in the RECORD. be printed in the RECORD. works. This works. There being no objection, the article There being no objection, the report By the way, this bill has a little pro- was ordered to be printed in the was ordered to be printed in the vision BARBARA BOXER has in here. It RECORD, as follows: RECORD, as follows:

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5708 CONGRESSIONAL RECORD — SENATE May 20, 1999

POLICE HIRING AND REDEPLOYMENT GRANTS Our audits focus on: (1) the allowability of local funding instead of using grant funds to SUMMARY OF AUDIT FINDINGS AND REC- grant expenditures; (2) whether local match- supplement local funding. The findings in- OMMENDATIONS, OCTOBER 1996–SEPTEMBER ing funds were previously budgeted for law cluded budgeting for decreases in local posi- 1998—EXECUTIVE SUMMARY enforcement; (3) the implementation or en- tions after receiving COPS grants (27 grant- I. BACKGROUND chantment of community policing activities; ees), using COPS funds to pay for local offi- (4) hiring efforts to fill vacant sworn officer In 1994, the President pledged to put 100,000 cers already on board (7 grantees), not filling positions; (5) plans to retain officer positions additional police officers on America’s vacancies promptly (22 grantees), and not at grant completion; (6) grantee reporting; streets to promote community participation meeting the requirements of providing and (7) analyses of supplanting issues. For matching funds (35 grantees). When grantees in the fight against crime. He subsequently the 149 grant audits, we identified about $52 signed the Violent Crime Control and Law use grant funds to replace local funds rather million in questioned costs and about $71 than to hire new officers, additional officers Enforcement Act of 1994 (Crime Act), author- million in funds that could be better used. izing the Attorney General to implement are not added to the nation’s streets. In- Our dollar-related findings amount to 24 per- stead, federal funds are used to pay for exist- over six years an $8.8 billion grant program cent of the total funds awarded to the 149 for state and local law enforcement agencies ing police officers. grantees. 83 of 144 grantees (58 percent) either did to hire or redeploy 100,000 additional officers In considering our COPS audit results, it to perform community policing. not develop a good faith plan to retain offi- should be kept in mind that they: cer positions or said they would not retain The Attorney General established the Of- (1) Are snapshots as of the grant report’s the officer positions at the conclusion of the fice of Community Oriented Policing Serv- issuance date. Subsequent communication ices (COPS) to administer the grant pro- between the auditee and COPS/OJP may re- grant. COPS and OJP started awarding com- grams and to advance community policing sult in correction to, or elimination of, the munity policing grants in FY 1994 and most across the country. Management of the issues noted during our audit; and grants last for about three years. If COPS COPS grants entails both program and finan- (2) May well not be representative of the positions are not retained beyond the conclu- cial management. The COPS office is respon- overall universe of grantees because, as a sion of the grant, then COPS will have been sible for: (1) developing and announcing matter of policy, COPS has referred to us for a short-lived phenomena, rather than help- grant programs, (2) monitoring pro- review what it believes to be its riskiest ing to launch a lasting change in policing. grammatic issues related to grants, (3) re- grantees. During FY 1998, we began 106 of 140 grantees (76 percent) either failed ceiving and reviewing applications, and (4) supplementing COPS requests for audits by to submit COPS initial reports, annual re- deciding which grants to award. The Depart- selecting about one-half of the grantees our- ports, or officer progress reports, or sub- ment of Justice’s Office of Justice Programs selves. Our results to date, however, may mitted these reports late. The reports are (OJP) is responsible for financial manage- still be skewed because of the number of au- critical for COPS to monitor key grant con- ment of the COPS program and is charged dits conducted on COPS-requested grantees ditions such as supplanting and retention. with: (1) disbursing federal funds to grantees, and because our selections were not entirely 137 of 146 grantees (94 percent) did not sub- (2) providing financial management assist- random. Some of our audits were also in- mit all required Financial Status Reports to ance after COPS has made an award, (3) re- tended to be targeted at suspected problem OJP or submitted them late. Without these viewing pre-award and post-award financial grantees. (Of the 149 audits we performed reports, OJP cannot monitor implementa- activity, (4) reviewing and approving grant through September 30, 1998, 103 were referred tion of important grant requirements. 33 of 146 grantees (23 percent) had weak- budgets, and (5) financial monitoring of to us by COPS or OJP. Although we selected nesses in their community policing program COPS awards. only 46 of the 149 audits summarized in this In order to meet the President’s goal of report ourselves, our results to date do not or were unable to adequately distinguish putting 100,000 additional police officers on differ markedly from the results in the COPS activities from their pre-grant mode of the street, COPS developed six primary hir- COPS/OJP referred audits.) It should also be operations. The findings suggest a need for ing and redeployment grant programs for noted that COPS and OJP do not always COPS to refine its definition of the practices state and local law enforcement agencies. agree with our findings and recommenda- that constitute community policing as well Hiring grants fund the hiring of additional tions. Upon further review and follow-up, as those that do not. After we issue our grant reports, COPS, police officers and generally last for three COPS and/or OJP may conclude that, in OJP, and the grantee are responsible for en- years. Redeployment grants are generally their judgment, a grant violation did not suring that corrective action is taken. By one-year grants and fund the costs of equip- occur. agreement with COPS, OJP is our primary ment and technology, and support resources Other findings include: 20 of 145 grantees (14 percent) overesti- point of contact on follow-up activity for the (including civilian personnel) to free existing mated salaries and/or benefits in their grant grants, although COPS works with OJP to officers from administrative duties and rede- application. The COPS office depends pri- address our audit findings and recommenda- ploy them to the streets. At the end of the marily on the information provided by the tions, particularly those that indicate sup- grant period, the state or local entity is ex- law enforcement departments that submit planting has occurred. The options available pected to continue funding the new positions the grant applications. When grantees over- to COPS and OJP to resolve our dollar-re- or continue the time savings that resulted estimate salaries and/or benefits, COPS over- lated findings and recommendations include: from the equipment or technology purchases obligates funds that could be available for (1) collection or offset of funds, (2) with- using its own funds. use elsewhere. Also, grantees may be using According to COPS, as of February 1999, holding funds from grantees, (3) bringing the the excess grant funds for purposes that are grantee into compliance with grant terms, or COPS and OJP had awarded approximately unallowable. $5 billion in grants under the six programs to (4) concluding that our recommendations 74 of 146 grantees (51 percent) included un- cannot or should not be implemented. To ad- fund the hiring or redeployment of more allowable costs in their claims for reim- than 92,000 officers, of which 50,139 officers dress our non dollar-related findings and rec- bursement. Types of unallowable costs in- ommendations, COPS and OJP can, in addi- had been hired and deployed to the streets. clude overtime, uniforms, and fringe benefits COPS obtains its ‘‘on the street’’ officer tion to other options, bring the grantee into not previously approved by OJP. When compliance with grant requirements or count by periodically contacting grantees by grantees overstate costs, COPS program telephone. waive certain grant requirements. When OJP costs are overstated and taxpayer money is submits documentation to us showing that it II. SUMMARY FINDINGS at risk. has addressed our recommendations, the 52 of 67 grantees receiving MORE grants (78 From October 1996 through September 1998, audit report is closed. percent) either could not demonstrate that the Office of the Inspector General (OIG) per- The report consists of the body of the re- they redeployed officers or could not dem- formed 149 audits of COPS and OJP hiring port; a detailed matrix setting forth the onstrate that they had a system in place to and redeployment grants totaling $511 mil- audit findings made during the 149 audits; track the redeployment of officers into com- lion, or 10 percent of the funds COPS has ob- the response of COPS and OJP to a draft of munity policing. The COPS office counts ligated for the program. We continue to per- the report, and our reply to their response. 35,852 officers under the MORE program to- form additional grant audits as our resources The PRESIDING OFFICER. The Sen- permit. Executive summaries of these audits wards the President’s goal of adding 100,000 are available for public review on our additional officers. ator from Utah. website: . A com- 60 of 147 grantees (41 percent) showed indi- Mr. HATCH. Mr. President, are the prehensive program audit of COPS’ and cators of using federal funds to supplant yeas and nays ordered on any of these OJP’s administration of the overall $8.8 bil- amendments? lion Community Policing Grant Program is fused because of conflicting statements made by Ad- The PRESIDING OFFICER. On the nearing completion and should be issued in ministration officials, who state that the goal is to Bond amendment only. the next few months.1 put 100,000 new officers on the street by the year 2000, and recent statements made to use by COPS of- Mr. BIDEN. Mr. President, I ask for ficials, who state that the goal is to fund 100,000 new the yeas and nays on my amendment. 1 In addition to expanding on issues contained in officers. The program audit addresses that issue at The PRESIDING OFFICER. Is there a this summary report, the program audit will report length and also addresses COPS’ and OJP’s moni- on COPS’ ability to meet the President’s goal to put toring of grantees and the quality of guidance pro- sufficient second? 100,000 additional police officers on the street by vided to grantees to assist them in implementing es- There is a sufficient second. 2000. The exact nature of the goal has become con- sential grant requirements. The yeas and nays were ordered.

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 20, 1999 CONGRESSIONAL RECORD — SENATE S5709 Mr. HATCH. I ask for the yeas and Mr. BIDEN. Mr. President, on the The motion to lay on the table was nays on final passage. Biden amendment, Biden-Kohl-Schu- agreed to. The PRESIDING OFFICER. Is there a mer-Boxer-Specter amendment, it is Mr. HELMS. Mr. President, I am sufficient second? very basic. Every major police organi- grateful to Senators HATCH, ALLARD, There is a sufficient second. zation in the country endorses this ASHCROFT, and SESSIONS who have The yeas and nays were ordered. amendment. It adds a total of $600 mil- spent countless hours over the past two VOTE ON AMENDMENT NO. 345, AS MODIFIED lion a year for the next 5 years for cops Congresses addressing the complex The PRESIDING OFFICER. The and $200 million a year for the next 5 issues of school safety and juvenile vio- question is on agreeing to amendment years for prosecutors. It is endorsed by lence. No. 345, as modified. every major police organization. I hope And, needless to say, I deeply appre- The yeas and nays have been ordered. my colleagues will vote for it. ciate their accommodating my con- The clerk will call the roll. I yield back the remainder of my cerns regarding a bill that I regard as The legislative clerk called the roll. time. among the most significant pieces of Mr. NICKLES. I announce that the The PRESIDING OFFICER. The Sen- legislation to be considered this Con- Senator from Arizona (Mr. MCCAIN) is ator from Utah. gress—and for their having included necessarily absent. Mr. HATCH. Mr. President, our bill is three of my amendments in the man- Mr. REID. I announce that the Sen- $1.1 billion per year. This is a $7 billion ager’s education package. ator from Louisiana (Ms. LANDRIEU) add-on. The fact of the matter is, we When enacted, these provisions will and the Senator from South Carolina are going to have a Department of Jus- improve access to public school dis- (Mr. HOLLINGS) are necessarily absent. tice authorization bill in the future. ciplinary records by other schools; ex- The result was announced—yeas 41, We will look at this and try to do it. pand the authority of schools to run a nays 56, as follows: We will have hearings on it, and we national criminal background check on [Rollcall Vote No. 138 Leg.] will do it the right way. It shouldn’t be their employees; and encourage State YEAS—41 done on this bill. and local governments to run such checks on all school employees who are Allard Domenici McConnell I yield back the remainder of my Ashcroft Enzi Murkowski time. charged with providing educational and Bennett Fitzgerald Roberts The PRESIDING OFFICER. The support services to our children. Bond Frist Rockefeller question is on agreeing to amendment Together, these provisions will make Bunning Gorton Roth Burns Grassley No. 371. The yeas and nays have been sure that local public, private, and pa- Sessions rochial schools are able to make in- Byrd Hatch Shelby ordered. The clerk will call the roll. Campbell Helms Smith (NH) The legislative clerk called the roll. formed decisions about these individ- Chafee Hutchison Specter uals—whether a student, a teacher, or Cochran Inhofe Mr. NICKLES. I announce that the Stevens Coverdell Kohl Senator from Arizona (Mr. MCCAIN) is other school employee—who pose an Thomas Craig Kyl unreasonable risk to the safety and se- Thurmond necessarily absent. Crapo Lott Mr. REID. I announce that the Sen- curity of our children. DeWine Lugar Warner ator from South Carolina (Mr. HOL- Mr. President, we all share a common NAYS—56 LINGS) is necessarily absent. responsibility to protect our children Abraham Feinstein Mack The result was announced—yeas 48, and a common hope that our children Akaka Graham Mikulski nays 50, as follows: will have a bright future. Though we Baucus Gramm Moynihan disagree on the wisdom of creating Bayh Grams Murray [Rollcall Vote No. 139 Leg.] Biden Gregg Nickles YEAS—48 more gun control laws, there are things Bingaman Hagel Reed that we ought to agree are necessary Boxer Harkin Abraham Edwards Lieberman Reid Akaka Feingold Lincoln and in our children’s best interests. Breaux Hutchinson Robb Brownback Inouye Baucus Feinstein Mikulski In this spirit, I introduced a bill in Santorum Bryan Jeffords Bayh Graham Moynihan the past two Congresses seeking to ex- Sarbanes Cleland Johnson Biden Harkin Murray tend the provisions of the Gun-Free Schumer Bingaman Inouye Reed Collins Kennedy Schools Act to illegal drugs. This Conrad Kerrey Smith (OR) Boxer Jeffords Reid Daschle Kerry Snowe Breaux Johnson Robb amendment is based on that bill and is Dodd Lautenberg Thompson Bryan Kennedy Rockefeller cosponsored by the distinguished As- Torricelli Byrd Kerrey Roth Dorgan Leahy sistant Majority Leader, Mr. NICKLES, Durbin Levin Voinovich Cleland Kerry Sarbanes Edwards Lieberman Wellstone Conrad Kohl Schumer and the distinguished Senator from Feingold Lincoln Wyden Daschle Landrieu Specter South Carolina, Mr. THURMOND. I trust Dodd Lautenberg Torricelli that this amendment will be looked NOT VOTING—3 Dorgan Leahy Wellstone Durbin Levin Wyden upon favorably by Senators on both Hollings Landrieu McCain sides of the aisle. Mrs. BOXER. Mr. President, I move NAYS—50 Mr. President, this amendment will to reconsider the vote. Allard Fitzgerald McConnell strike an important blow in the war Mr. LEAHY. I move to lay that mo- Ashcroft Frist Murkowski against drugs by helping to protect Bennett Gorton Nickles tion on the table. Bond Gramm Roberts America’s school-children from the The motion to lay on the table was Brownback Grams Santorum scourge of drugs in their classrooms. It agreed to. Bunning Grassley Sessions does this by requiring States to adopt Burns Gregg VOTE ON AMENDMENT NO. 371 Shelby a low mandating ‘‘zero tolerance’’ for Campbell Hagel Smith (NH) Chafee Hatch Mr. LOTT. Mr. President, I ask unan- Smith (OR) illegal drugs at school in order to qual- Cochran Helms imous consent that the remaining Snowe ify for Elementary and Secondary Edu- Collins Hutchinson Stevens votes—there are two of them in a se- Coverdell Hutchison cation Act (ESEA) funds. Zero toler- ries—be limited to 10 minutes in Craig Inhofe Thomas ance is defined as requiring any stu- length. Senators, please don’t leave the Crapo Kyl Thompson dent in possession of a felonious quan- Thurmond room. We are actually going to see if DeWine Lott tity of this contraband at school to be Domenici Lugar Voinovich we can do one in 10 minutes. It is this Enzi Mack Warner expelled for not less than one year. Its one right now. adoption will finally send a clear un- NOT VOTING—2 Mr. LEAHY. Mr. President, will the ambiguous message to students, par- distinguished majority leader allow a Hollings McCain ents, and teachers—drugs and schools minute on each side just prior to the The amendment (No. 371) was re- do not mix. vote? jected. Anybody who questions the necessity Mr. LOTT. Usually we do that. I hope Mr. LOTT. Mr. President, I move to of this measure should consider these that we will not exceed that. reconsider the vote. excerpts from the 1998 CASA National The PRESIDING OFFICER. Without Mr. NICKLES. I move to lay that mo- Survey of Teens, Teachers and Prin- objection, it is so ordered. tion on the table. cipals. This outstanding report was

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5710 CONGRESSIONAL RECORD — SENATE May 20, 1999 prepared by the National Center on Ad- that tracks the incidence of school work together. We in Congress are try- diction and Substance Abuse at Colum- crime and suggests ways to prevent it. ing to do our part—passing bills, appro- bia University under the direction of As bleak as the picture is, there are priating funds. But the Congress, like President Carter’s former HEW Sec- immediate steps that we can take to all of us, will do a better job when it retary, Joseph Califano. Under the reverse course. Those who are on the really listens to the American people, heading ‘‘Drug Dealing In Our ‘‘front lines’’ of our country’s drug war and listens to young people. Every Schools’’, the report states: have important things to contribute to young person has the capacity to grow For too many kids, school has become not the discussion. Overwhelmingly, stu- up to be a constructive citizen or a vio- primarily a place for study and learning, but dents, teachers and parents support the lent criminal. It’s our job—all of us—to a haven for booze and drugs. . . . Parents adoption of a zero tolerance policy for listen better. should shutter when they learn that 22 per- drugs at school. When we do listen, we find two issues cent of 12- to 14-year-olds and 51 percent of Among those surveyed, the CASA at the core: working in partnership, 15- to 17-year-olds know a fellow student at study found broad support for the adop- and improving the tools to help build their school who sells drugs. . . . Indeed, not tion of firm policies on random locker only do many of them know student drug the adult/child relationship. dealers; often the drug deals take place at searches, drug testing of student ath- How do we work together? There are school itself. Principals and teachers may letes, and zero tolerance policies. Re- many people who have answered this claim their schools are drug-free, but a sig- garding zero tolerance, 80% of prin- problem in communities all over the nificant percentage of the students have seen cipals, 79% of teachers, 73% of teen- Nation. They abandon turf issues and drugs sold on school grounds with their own agers and 69% of parents voiced sup- special interests, they listen, and they eyes. . . . In fact, more teenagers report see- port for the adoption of such a policy remember that the child is at the cen- ing drugs sold at school (27 percent) than in at their school. ter of the work. There are specific their own neighborhoods (21 percent). Additionally, 85% of principals, 79% things we can learn in Congress from In other places, the report details of teachers and 82% of students believe these communities—where to find the that students consider drugs to be the that zero tolerance policies are effec- money and time and energy to get the number one problem they face and that tive at keeping drugs out of schools work done together. illegal drugs are readily available to and that they would actually reduce How do we improve the relationships students of all ages. Exacerbating this drugs on their campus. Quoting from and connections that young people terrible situation, illegal drugs are not the CASA report again: make with adults? cheaper and more potent than ever be- If these students believe them [zero toler- It frustrates me that we cannot do fore. The CASA report goes on to state ance policies] so effective, these policies some fairly obvious things—for young that ‘‘one in four teenagers can get must make an impact on their decisions to people, families, teachers, and commu- acid, cocaine or heroin within 24 hours, not bring drugs on campus. Given this, it nities. seems that schools . . . should implement and given enough time, almost half (46 What can we do for students? Why is percent) would be able to purchase and strictly enforce zero tolerance policies. Perhaps in doing so they can increase their it that we can’t figure out ways of such drugs.’’ Clearly, eliminating drugs likelihood of eradicating drugs on their building meaningful roles for young from America’s classrooms is a nec- school grounds. people in their own education, and in essary first step to the restoration of It is not my position that this their own community? Why is it that if order in our schools. amendment, by itself, will eliminate you are too young to vote, you are not The harm that illegal drugs causes all drugs from our schools but it is taken seriously or treated as a citizen? our students in incalculable. Though clear that this is a long overdue step in Why is that when a child’s hand goes its’ ill effects, disruptions, and the vio- the right direction. up in the classroom, that child can’t lence associated with it are not limited This policy is firm but fair. The drug get the attention he or she needs from to those actually involved in the drug trade and the violence associated with a teacher? trade. The PRIDE survey, conducted by it have no place in America’s class- We can do some simple things. We the National Parents’ Resource Insti- rooms. Schools should foster an envi- can ask young people what they think tute for Drug Education, found a link ronment that is conducive to learning about how to prevent violence. We can between school violence and drugs and supportive of the vast majority of reduce class size. We can make sure when it demonstrated that: students who want to learn. Children that when we hire more teachers, we Gun-toting students were 23 times more and teachers deserve a school free of have better and smaller schools in likely to use cocaine; which to put them. We all have a role Gang members were 12 times more likely the fear and violence caused by drugs. to use cocaine; and Removing drugs and violence from in making these things happen. Students who threatened others were 6 our schools is a goal that we should all What can we do to better support times more likely to use cocaine than oth- agree on. The President, in his 1997 parents and families? We all know that ers. State of the Union address, said ‘‘we a strong family unit is the engine that Clearly, the connection between must continue to promote order and drives our economy, and that when it drugs and school violence is an irref- discipline’’ in America’s schools by works well, it is the best and cheapest utable as it is frightening. ‘‘remov[ing] disruptive students from prevention program out there. So why Mr. President, it should seem obvious the classroom, and hav[ing] zero toler- is it so difficult to improve the tools that many children take guns to school ance for guns and drugs in school.’’ I and information available to parents? because they are either involved in il- could not agree more with the Presi- All parents want to do their best, so legal activity or because they seek to dent on this point: it is time that the why is it off limits to talk about the defend themselves from those who are. Senate go on record in support of re- problems with our economy, to talk It is clear that any further effort to moving illegal drugs from America’s about how parents spend too much eliminate guns and violence from classrooms, by approving this amend- time at work and not enough time with schools must focus not merely on the ment. kids? Why can’t we do the simplest gun but on the reasons why students Mrs. MURRAY. Mr. President, there things to make life easier for people choose to arm themselves. My amend- was yet another tragedy in Atlanta who work harder and harder to provide ment does precisely that. this morning. This is one more violent for their family and spend less and less My home state of North Carolina has act that brings America together in time with their kids? not been immune to the ravages of ille- sorrow. We hope that it is also an op- We can start with something simple, gal drugs. In fact, ‘‘possession of a con- portunity to bring us together to learn like making sure parents don’t suffer trolled substance’’ has been either the some important lessons. What are peo- at work just because they want unpaid first or second most reported category ple—young people especially—saying leave time to go to a school conference, of school crime in North Carolina for to us all when they turn to violence to or take care of an emergency at their the past four years. That’s according to address their problems? child’s day care. We should improve the North Carolina State University’s Cen- This is an American challenge. We all Family and Medical Leave Act. Again, ter for the Prevention of School Vio- have to do our part—in partnership. We there are things we all can do to make lence, an outstanding organization must each do our job, but we must all these things happen.

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 20, 1999 CONGRESSIONAL RECORD — SENATE S5711 What can we do for teachers and away from crime through proven com- leagues will reconsider and give it their other educators? Why can’t we give munity-based prevention programs. support. them a small enough class so they get The bill also provides for Internet fil- In addition to my disappointment at to know each child, and can find 5 tering and screening software that will the lack of adequate resources for vio- extra minutes with the child who needs allow parents to regulate what their lence prevention, I have other concerns the most help that day? Why do we ex- children are viewing over the Internet. about this bill. pect our teachers to deal with every It also made transfers of several types I am very concerned about the fate of educational and social issue under the of firearms to children illegal. our youth serving time in prisons and Sun, but we can’t treat them as profes- As I have already said, I agree with other detention facilities. While we sionals? many of my colleagues who have said must certainly punish those who have We need to reduce class size. We need that there is no legislative ‘‘quick fix’’ committed crimes, we must make a se- to improve teacher training. We need to this terrible problem that is de- rious attempt at rehabilitation and not to improve teacher pay and profes- stroying so many young lives. The allow juveniles to turn into hardened sionalism. And, we need to think about issue of youth violence involves com- criminals in the course of their incar- one thing we can each do to act as a re- plex and interrelated factors. From ceration. It is well-known that juve- source to that classroom. Is there a prevention programs that involve par- niles who have contact with adults in phone call we could make? An edu- ents, teachers and communities, to prison are further indoctrinated into a cational tool we could buy for the strong law enforcement measures, life of crime or worse, assaulted or class? A day we could give to working there are many different tools we must even killed. Current requirements pro- for the passage of the school levy? use to attack the problem from all an- hibit juveniles, whether they were There are things we all can do. gles and prevent further tragedies like tried as adult or juveniles, from being What can we do to help communities the one in Littleton. kept in any adult jail or corrections in- support the adult-child relationship, We must punish those who commit stitution where they have regular con- and build connections for young peo- crimes, but we must also do all we can tact with adult inmates. ple? Why is it that we don’t have more to prevent crimes before they happen, The Hatch bill weakens that stand- adults participating in the lives of to intervene before small problems ard by allowing ‘‘incidental’’ contact young people? Why is it that a student grow to crisis proportions. We must and permitting construction of juvenile can walk from home to school to the give schools and law enforcement offi- facilities on the same site as those for mall to the quickie-mart and back cers the tools they need to identify the adults. Even convicted juveniles should home again and feel invisible and anon- warning signs that lead to juvenile vio- be protected from hardened criminals. ymous? Why can’t we allow our com- lence and to let youth know that crime Those youth who are the most success- munities into our public school build- is not an acceptable answer. ful in a mixed juvenile-adult environ- ings at nights and on weekends? While the bill does contain a ‘‘pre- ment will be the ones we will least We should expand community edu- vention block grant,’’ there is no guar- want back on the streets once they cation opportunities, and when we offer antee the money will be used for pre- have served their time. It is my under- tax incentives, they should be the right vention. Dollars from these grants standing that the Feinstein-Chafee ones that help communities invest in could be used to build more prisons or amendment improved this provision, young people. We should each make increase enforcement. While these are for which I am thankful, increasing sure to smile at young people, to keep laudable goals, without a guaranteed protection of our children while they an eye on them, to set high expecta- set-aside for prevention, a State could are in state custody. tions, and to give them meaningful op- fail to attack youth violence before it I also feel the Hatch bill critically portunities. Again, there are things we starts. We must reach out to prevent weakens measures to address dis- all must do. at-risk youth from starting down a proportionate minority confinement. All over America, there is a con- path of crime in the first place. While The legislation replaces references to versation going on around the kitchen we were unable to secure specific ‘‘minority’’ or ‘‘race’’ with the vague table, and on the school bus, and at the amounts for prevention, I am hopeful phrase ‘‘segments of the juvenile popu- mall, and around the water-cooler. We that States will use their discretion lation.’’ Further, the Hatch bill is less need to listen carefully to this con- and undertake prevention programs. instructive on what must be done to versation—to what is being said and An ounce of prevention is worth a address the problem of discrimination, asked for, and what is not. We need to pound of cure. essentially making the issue a mere act carefully, and invest wisely. But, Some of my colleagues have offered concern rather than a problem we must most importantly, each of us need to amendments to provide resources for correct. This is the wrong direction to keep this conversation going—to find effective violence prevention, and I am be heading if we truly seek to achieve out what to do and do it—until we cre- disappointed they have not been adopt- fair and unbiased treatment of all peo- ate the America we want for our chil- ed. Last week, Senator ROBB offered an ple within the judicial system. An dren and young people. And you know amendment that would have provided amendment to correct this problem one of the best, most overlooked re- funds for schools and law enforcement was defeated. sources for building the America we all to identify and effectively respond to The Hatch bill also contains very want? The young people themselves. juvenile violent behavior. It would troublesome provisions to allow the Let’s start by listening to them. have established a National Clearing- prosecution of children as young as 14 The juvenile justice bill fails to fully house of School Safety Information as adults, and gives prosecutors—not address these problems. While many and provided an anonymous hotline to judges—the discretion to try a juvenile amendments have been adopted that report criminal behavior and a support as an adult. Judges make judgments; focus on the right solutions, we failed line for schools and communities to prosecutors prosecute. It is obvious to achieve support for most of those call for assistance. who is better qualified to render an un- that would have focused this legisla- In addition, the Robb amendment biased decision on whether a 14-year- tion on those things that could best would have provided treatment pro- old should be considered an adult. solve youth violence. With that said, I grams that identify and address the There is another idea missing from will vote for the bill because I believe symptoms of youth violence to steer this bill. To solve youth violence we it has many positive provisions that juveniles away from criminal behavior. must all talk to the true experts: combat youth violence. It also would have provided authoriza- young people themselves. We need to The bill provides important block tion for afterschool programs, which listen to more than the student body grants to States to assist them in their have been very effective at keeping presidents and the class valedictorians. efforts to address juvenile crime. While high-risk youth off the street and in- We need to hear from ‘‘regular’’ kids. I prefer a high percentage of these volved in activities that assist in their I know that I have learned a tremen- funds be required for prevention, I education and growth. dous amount from doing that. Two know my State of Washington intends I am hopeful that similar legislation weeks ago, I met with 10th graders in to continue to invest in steering kids will be offered again and that my col- Kent, WA who told me some shocking

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5712 CONGRESSIONAL RECORD — SENATE May 20, 1999 things. They said that nearly all of It promotes gun safety with the Kohl/ its place. This provision may never them knew where they could get a gun Hatch/Chafee amendment to require take effect. When juvenile records are within a day. That is a sad statement the sale of child safety locks with all ‘‘on-line’’ is a long way away, and abut the lives of our youth. They are every new handgun. Child safety locks in the meantime many young criminals afraid and they are thinking about how can help save many of the 500 children will continue to have the ability to get to defend themselves with a gun. and teenagers killed each year in fire- a gun at 18 once they get out of jail. In the end, we were able, through the arms accidents, and the 1,500 kids each Each of these provisions was ad- Lautenberg amendment on gun shows, year who use guns to commit suicide. dressed in my juvenile crime bill, the to close one of the more glaring loop- Just as importantly, they can help pre- 21st Century Safe and Sound Commu- holes that allow young people and chil- vent some of the 7,000 violent juvenile nities Act. In addition, after much dren to get guns. After much flip-flop crimes committed every year with back-and-forth—and forth-and-back— on the issue by Republicans, a handful guns children took from their own we finally agreed to close the gun show of their courageous Members lent homes. This measure passed with an loophole once and for all. I am pleased enough support to this amendment by overwhelming 78 votes, twice the num- to see a bipartisan consensus start to Senator LAUTENBERG to close some of ber of votes a virtually identical pro- emerge over taking these steps to keep these guns show loopholes, but this was posal received last year. guns out of young hands. not until they had tried two amend- The bill also helps identify who is Second, we need to lock up the worst ments of substance on the issue. Fur- supplying kids with guns, so we can put offenders, including dangerous violent thermore, it took the Vice President of them out of business and behind bars. juveniles. Naturally, we can’t even the United States, acting in his role as Through the ‘‘Youth Crime Gun Inter- begin to stop violent kids unless we the President of the Senate, to cast the diction Initiative,’’ the Bureau of Alco- have police officers on the street to final vote to break the tie that will hol, Tobacco and Firearms has been catch them, and the state and local help keep kids and guns separate. working closely with cities like Mil- prosecutors, defense attorneys and Overall, S. 254 does much to tackle waukee and Boston to trace guns used courts we need to try them. To that the tough questions surrounding juve- by young people back to the source. end, this bill provides $100 million per nile justice. But as I have stated, there Using ATF’s national database, police year for state and local prosecutors, are a number of ways we could have and prosecutors can target illegal sup- defense attorneys and courts for juve- improved this bill. We need to focus on pliers of firearms and help stop the niles. Unfortunately, we missed an op- preventive measures that bring to- flow of firearms into our communities. portunity to extend the highly success- gether parents, kids, counselors and While I served as Ranking Member of ful COPS program—which is due to ex- teachers; provide resources to enable the Subcommittee for Treasury Appro- pire after next year—in this bill. Ex- people to identify and intervene in po- priations, we provided funding to ex- tending the COPS program will make tentially dangerous situations; and pand this initiative to 27 cities. This it easier to lock up dangerous juve- give law enforcement the tools it needs measure will expand the program to up niles, and I look forward to working to deal with the symptoms of youth vi- to 200 other cities and, with the in- with my colleagues to make that hap- olence not just the results of the vio- creased penalties outlined above, help pen. lence. stanch illegal gun trafficking. Of course, we can’t keep criminals off I hope in the future we can pass legis- And not only will this bill prohibit the streets unless we have a place to lation that will address the remaining all violent criminals from owning fire- send them. So this measure dedicates problems and can come up with even arms, no matter what their age, funding for juvenile prisons or alter- better solutions. We owe that much to through ‘‘Project CUFF’’ it also en- native placements of delinquent chil- our children. courages aggressive enforcement of dren—a long-needed measure for which Mr. KOHL. Mr. President, I am vot- this federal law by dedicating federal I have advocated since before the 1994 ing in favor of the juvenile crime bill, prosecutors and investigators to this Crime Act. S. 254, because on balance it comes task. This builds on a successful pro- This proposal also helps rural com- close enough to promoting the kind of gram, supported by the NRA, that has munities keep dangerous kids behind approach that we need to reduce juve- helped reduce gun violence in Rich- bars. Now, although the closest juve- nile violence—the type of plan that is mond, Va., and Boston through in- nile facility may be hundreds of miles already working to reduce crime in cit- creased federal prosecution, close co- away, federal law prohibits rural police ies like Milwaukee and Boston, and the ordination with state officials, public from locking up violent juveniles in type of strategy that will help us pre- outreach and fewer plea bargains. Still, adult jails for more than 24 hours. This vent future tragedies like the recent to be truly effective, this measure means that state law enforcement offi- school shootings in Jonesboro, AR, needs to be improved, so that we don’t cials either have to waste the time and Peducah, KY, Springfield, OR, Conyers, force it on uncooperating cities where resources to criss-cross the state even GA and Littleton, CO. There are many it’s unlikely to succeed. for initial court appearances, or simply causes of juvenile crime—poverty, a de- Unfortunately, the bill fails in its let dangerous teens go free. In my terioration of American families and stated intent to close an inexcusable view, that’s a no-win situation. This family values, increased youth access loophole that allows violent young of- measure gives rural police the flexi- to firearms, and the explosion of vio- fenders to buy guns legally when they bility they need by letting them detain lent images in our culture, just to turn eighteen. Under current law, vio- juveniles in adult jails for up to 48 name a few—and it would be naive to lent adult offenders can’t buy firearms, hours, or longer with parental consent, presume there is a simple solution. In- but violent juveniles can—for example, provided they are separated from adult deed, we need a comprehensive crime- even the kids convicted of the school- criminals. Working with Wisconsin’s fighting strategy to address all of these yard killings in Jonesboro, Arkansas— rural sheriffs, I first proposed a similar root causes and the entire range of ju- once they are released at age eighteen. extension three years ago. venile offenders and potential offend- Simply put, this has to stop, and the Moreover, this measure will help ers, from violent predators to children bill tries to do this—sort of. A provi- lock up gun-toting kids—and the peo- at-risk of becoming delinquent. That is sion declares that all violent felons are ple who illegally supply them with the approach this bill takes, more or disqualified from buying firearms, re- weapons. It builds on my 1994 Youth less. gardless of whether they were 10, 12, or Handgun Safety Act by turning illegal Let me explain the four keys to this just a day short of their 18th birthday possession of a handgun by a minor balanced, proven strategy: keeping at the time of their offense. However, into a felony. And the same goes for guns out of the hands of kids and of although the bill technically closes anyone who illegally sells handguns to criminals; punishment; prevention; and this loophole, because it only applies to kids. Both of these provisions were in reducing kids’ exposure to violence in violent crimes committed once juve- my juvenile crime bill. Kids and hand- our culture. nile records become ‘‘routinely avail- guns don’t mix, and our Federal law First, this bill will help keep fire- able’’ on-line, its indefinite effective needs to make clear that this is a seri- arms out of the hands of young people. date merely opens another loophole in ous crime.

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 20, 1999 CONGRESSIONAL RECORD — SENATE S5713 In addition, this measure makes it The bill also promotes innovative ment. This requirement, which I helped easier to identify the violent juveniles prevention initiatives by reauthorizing write in 1992, at most simply encour- who need to be dealt with more se- and expanding the Prevention Chal- ages states to address prevention ef- verely—by strongly encouraging states lenge Grant program (formerly known forts at minority communities. And it to share the records of juvenile offend- as Title V), which former Senator may be most important for its sym- ers and providing the funding nec- Hank Brown and I authored in 1992. bolic recognition of continuing racial essary for improved record-keeping. This program encourages investment, divisions that dominate our society The fact is that law enforcement offi- collaboration, and long-range preven- and our justice system, whether or not cials need full disclosure to make in- tion planning by local communities, the justice system is actually discrimi- formed judgments about who should be who must establish locally tailored natory. Still, it makes no sense to cast incarcerated, but current law allows prevention programs and contribute at away this provision without any hear- too many records to be concealed or to least 50 cents for every federal dollar. ings, any organized opposition, or any vanish without a trace when a teen And, in response to concerns I raised constitutional challenges to it over its felon turns eighteen. about the risk of watering down this seven-year history. I am hopeful that Finally, this measure includes my program with non-prevention uses, 80 the House, which has always been sup- proposal, cosponsored by Senator percent of its funding is reserved for portive of this provision, will insist on DEWINE: the Violent Offender DNA prevention—that is, programs address- restoring it in Conference. Identification Act of 1999, which will ing at-risk kids before they ever enter And while the bill is a step forward promote the use of modern DNA tech- the juvenile justice system. for prevention, we can still do better. nology to resolve unsolved crimes com- It also builds on our support for the Although some suggest that as much mitted by both juveniles and adults. valuable work of Boys & Girls Clubs by as 55 percent of the $1 billion in spend- Our measure will reduce the backlog of continuing to dedicate funding to the ing at the heart of the bill goes toward hundreds of thousands of unanalyzed Clubs and expanding funding to other prevention, in reality less than 30 per- DNA samples from convicted offenders successful organizations like the cent is dedicated to prevention ($160 by providing the funding necessary to YMCA. And it requires that at least 25 million through the 80 percent set- analyze them and put them ‘‘on-line,’’ percent of $450 million juvenile ac- aside of the Prevention Challenge so they can be shared between states countability block grant be dedicated Grant, $112.5 million through the 25 and matched with crime scene DNA to prevention. percent earmark from the Account- evidence. And, while all 50 states au- Of course, we shouldn’t blindly invest ability Block Grant, and $15 million for thorize collection of DNA samples, it in prevention programs, just because mentoring). To effectively reduce juve- closes the loophole that allows DNA they sound good. Quality matters. And nile crime, the ratio of prevention samples from Federal and Washington, it would foolish to throw good money spending to enforcement spending has D.C. offenders to go uncollected. The after bad. That’s why this measure re- to be a lot higher. Department of Justice estimates that quires at least 5 percent of all Preven- Finally, Mr. President, I express my upgrading our DNA databases alone tion Challenge Grant funds—and more appreciation to Senators HATCH and could solve a minimum of 600 crimes than 15 percent of FAST funds—be set LEAHY, and their staffs—Beryl Howell, tomorrow. aside for rigorous evaluations, so we Manus Cooney, Rhett DeHart, Mike Third, a balanced approach also re- can keep funding the programs that Kennedy, Bruce Cohen, Ed Pagano, quires a significant investment in work, and zero out programs that Craig Wolf, and, of course, Brian Lee, crime prevention, so we can stop crime don’t. Jessica Catlin, Kahau Morrison and before it’s too late. In fact, no one is Finally, this bill also aims to provide Jon Leibowitz of my staff—for their more adamant in support of this ap- us with a better understanding of how hard work in putting together this bal- proach than our nation’s law enforce- violence in our culture is marketed to anced bill, which is significant im- ment officials. For example, last year children, and it encourages industry to provement from where we were headed more than 400 police chiefs, sheriffs and take self-regulatory steps to reduce last Congress. I look forward to con- prosecutors nationwide endorsed a call this violence. For example, the Brown- tinuing to work with them when we for after-school programs for all chil- back amendment, which I move to conference. dren. And in my home state of Wis- consponsored, orders a joint FTC/DOJ Mr. ASHCROFT. Mr. President, I rise consin, 90 percent of police chiefs and study of the marketing practices of the to speak in favor of final passage and sheriffs I surveyed agreed that we need video game, motion picture, and tele- explain why I plan to vote for final pas- to increase federal prevention spend- vision industries to determine whether sage of S. 254, the Violent and Repeat ing. or not the industries are peddling vio- Juvenile Offender Accountability and This proposal promotes prevention lence to kids. In particular, it will help Rehabilitation Act of 1999. At the out- by concentrating funding in programs us determine whether or not the indus- set, I must make clear that I do not that already have a record of success tries are peddling violence to kids. In support every provision in this bill. and those that rely on proven strate- particular, it will help us determine There is much in this bill that is sim- gies, like the ones that give children a whether the video game industry is ply extraneous—provisions that do not safe place to go in the after-school marketing the same ultraviolent address the problem of youth violence. hours between 3 and 8 p.m., when juve- games to children that are rated Moreover, there are items included in nile crime peaks. ‘‘adults only.’’ this bill by amendment that I opposed. For example, it includes my amend- Mr. President, while explaining what There are also items that were in- ment to expand the Families and causes a tragedy like Littleton remains cluded through the manager’s amend- Schools Together (FAST) program, a a mystery, the question about how to ment, such as the creation of new fed- successful program that finds troubled reduce juvenile crime no longer is. We eral judgeships, that I oppose. youth and reconnects them with their have a good idea about what works. However, there are many provisions schools and families. FAST, which was And this bill overall is a step in the in this bill that I have long cham- created in my home state of Wisconsin right direction. Like any piece of legis- pioned and have worked hard to in- and is already being implemented in lation, of course, it isn’t perfect. For clude in the bill. Let me briefly sum- 484 schools in 34 States and five coun- example, we need to really close the marize these key provisions of this law: tries, helps ensure that youth violence loophole that allows violent juvenile ASHCROFT PROVISIONS IN S. 254 does not proliferate to our schools and offenders to buy guns. We need to ex- There are four main Ashcroft initia- communities by empowering parents, tend the COPS program so that we tives in the core Senate juvenile jus- helping to improve children’s behavior have enough police officers on the tice bill, S. 254. Those provisions are: and performance in school, preventing streets to catch and lock up dangerous (1) Trying juveniles as adults on the substance abuse, and providing support juveniles and criminals. We should re- federal level, (2) targeting adults who and networking for families by linking store the so-called ‘‘mandate’’ requir- use juveniles through increased pen- them to community resources and ing states to make efforts to reduce alties, (3) funding for improving juve- services. disproportionate minority confine- nile record system and incentives for

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5714 CONGRESSIONAL RECORD — SENATE May 20, 1999 recordsharing, and (4) Charitable Finally, the core bill includes my public or private. Teachers and admin- choice—preventing discrimination provision ensuring that faith-based or- istrators need to know who they are against faith-based organizations that ganizations have an equal opportunity dealing with and whether they have se- stand ready to provide counseling to to provide services to at-risk youth. curity risks in their midst. troubled youth. The experience of the past decade has FRIST-ASHCROFT IDEA AMENDMENT First, the core bill makes it easier made clear that government does not This amendment removes a loophole for federal prosecutors to try juveniles have all the answers for what ails our in federal law that prevents States as adults in federal court. Specifically, culture. No organizations should be ex- from disciplining an IDEA student in the bill provides local United States cluded from the process of trying to the same manner as a non-IDEA stu- Attorneys with new authority to try heal our violent culture, let alone dent, if an IDEA student brings a gun juveniles 14 and older who commit vio- faith-based organizations. The ‘‘chari- to school. The Senate passed this com- lent federal crimes and federal drug table choice’’ provisions in the bill do mon sense amendment 74–25. A number crimes as adults. This provision is an not provide for any special treatment of my colleagues also added my initia- important improvement in the law. for faith-based organizations, but they tives to the bill through their own Violent federal crimes and major fed- do ensure that faith-based groups will amendments. These include: eral drug crimes are not youthful indis- not be arbitrarily excluded when the cretions or juvenile pranks—these are HATCH/CRAIG COMPREHENSIVE CRIME PACKAGE government turns to non-governmental This amendment included a number serious adult crimes. The bill makes organizations to deal with at-risk juve- important steps to ensure that in the of Ashcroft mandatory minimums. Spe- niles. cifically, Ashcroft provisions in the bill federal system juveniles who commit The bill in its current form also in- raised mandatory minimums: adult crimes do adult time. cludes a number of important provi- (1) From 1 to 3 years for distributing Second, the core bill also targets sions that were added by amendment. drugs near a school zone (from 1 to 5 adults who would exploit children and These include: years for subsequent offenses). This ensnare them into a life of crime. One Semi-automatic assault rifles ban for provision was adopted from ASHCROFT’s sad consequence of a juvenile justice juveniles. The Senate overwhelmingly Protect Children from Violence Act, S. system that treats juvenile crime less adopted this Ashcroft amendment. The 2023. seriously than adult crime is that amendment had three major provi- (2) From 1 to 3 years for distributing adults try to game the system by using sions: juveniles to perform criminal tasks (1) Ban on juvenile possession of drugs to a juvenile (1 to 5 years for sub- with the greatest risk of detection. semi-automatic assault rifles. This sequent offenses). This provision was Adults use children as drug runners or provision extends the current limita- adopted from ASHCROFT’s Protect Chil- couriers precisely because the children tions (subject to the current excep- dren from Violence Act, S. 2023. are likely to end up back on the street tions) on youth possession of handguns (3) From 7 to 10 years for brandishing even if they are caught. The core bill to semi-automatic assault weapons. a firearm during the commission of a addresses this problem by including The provision does not affect a juve- federal crime. This provision was two provisions from my Protect Chil- nile’s right to possess hunting rifles. adopted from ASHCROFT’s Juvenile Mis- dren from Violence Act, S. 2023, from (2) Requirement that juveniles be use of Firearms Prevention Act, S. 994. the last Congress. Specifically, section tried as adults for weapons violations (4) From 10 to 12 years for dis- 202 increases the mandatory minimums in a school zone. Juveniles who commit charging a firearm during the commis- for adults who use juveniles to commit firearms violations near a school zone sion of a federal crime. This provision drug crimes from 1 year to 3 years for must be sent a clear message—such ac- was adopted from ASHCROFT’s Juvenile first-time offenders and from 1 year to tions will not be tolerated and will be Misuse of Firearms Prevention Act, S. 5 years for repeat offenders. Section 203 prosecuted to the full extent of the 994. doubles the penalties on adults who use law. The amendment also included two juveniles to commit crimes of violence (3) Increased penalties for unlawfully new Ashcroft mandatory minimum and trebles penalties for repeat offend- transferring a firearm to a juvenile sentences also adopted from S. 994: ers. with knowledge that it will be used in (1) A 15-year mandatory minimum for The core bill also includes important a crime of violence. maiming or injuring someone with a firearm during the commission of a provisions to facilitate the sharing of ASHCROFT EDUCATION PACKAGE juvenile criminal records. This legisla- The Senate overwhelmingly approved federal crime tion encourages States to keep records this comprehensive amendment which (2) A 5-year mandatory minimum for on violent juveniles that are the equiv- reflects not only specific Ashcroft ini- transferring a firearm with knowledge alent of the records kept for adults tiatives but the work product of the that it will be used in a crime of vio- committing comparable crimes. In ad- Republican Education Task Force, lence. dition, the bill conditions the avail- which Senator ASHCROFT chaired. The HATCH/FEINSTEIN GANG AMENDMENT ability of federal funds on States’ par- major Ashcroft initiatives in the pack- The Senate also overwhelmingly ticipation in a nationwide system for age include: passed the Hatch-Feinstein amendment collecting and sharing juvenile crimi- (1) Flexibility for local schools to ad- designed to target and punish gang vio- nal records. Under the bill, state au- dress school violence. This provision lence. The amendment included many thorities must make these criminal provides schools with the flexibility to provisions long-championed by records available to federal and state use existing education funds, and the ASHCROFT, including almost the en- law enforcement officials and school new education funds included in the tirety of the gang subtitle of officials to assist them in providing for Republican budget, to address security ASHCROFT’s ‘‘Protect Children from Vi- the best interests of all students and concerns as they see fit. Permissible olence Act,’’ S. 538, introduced on preventing more tragedies. Providing uses include everything from the in- March 4, 1999. judges and school officials with accu- stallation of metal detectors, to the Specifically, the amendment in- rate records is a critical step in pre- formulation of inter-agency task cluded the following Ashcroft provi- venting tragedies. School officials and forces, to the introduction of school sions: enhanced sentences for crimes judges have a right and a need to know uniform policies. committed as part of gang violence, when they are dealing with dangerous (2) School uniforms. Another new crimes for interstate gang activi- juveniles. Providing accurate records is Ashcroft provision makes clear that ties, the treatment of juvenile crimes not only an important role for the gov- nothing in federal law prevents local as adult crimes for purposes of the fed- ernment, it is a role that only the fed- school districts from instituting school eral laws imposing severe penalties on eral government can fulfill. Violent ju- uniform policies. armed career criminals, and increased veniles routinely cross state lines. The (3) School records. Another provision penalties for witness tampering. All of federal government has an important makes clear that student disciplinary these provisions were included in the role in ensuring that their criminal records should follow students to a new ‘‘Combating Gang Violence’’ subtitle of records cross state lines with them. school, without regard to whether it is ASHCROFT’s Juvenile Crime bill.

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 20, 1999 CONGRESSIONAL RECORD — SENATE S5715 In summary, this is not a perfect bill. gun owners may be forced to put their Balanced Budget Act of 1997, Congress There is much that is extraneous and safety, and that of their families, at decided that the overall caps on discre- some that is misguided. I am hopeful risk. It is certainly not unreasonable tionary spending would end after 2002, some of these provisions will be re- to imagine a single mother of small that the defense cap would end after moved in conference. On balance, how- children, depending on her gun for safe- 1999, and that the crime cap would end ever, this bill will help make our ty, panic-stricken as she struggles un- after 2000. This was decided as part of a schools places of learning, not places of successfully with her trigger lock in very carefully crafted compromise be- fear. the middle of the night after hearing a tween the Congress and the President, Mr. SMITH of New Hampshire. Mr. burglar break into her home. involving both mandatory and discre- President, I rise in strong opposition to Mr. President, these are but two ex- tionary spending, that has now led us final passage of S. 254, the Violent and amples of the grave harm that the gun to a balanced budget. Our ability to Repeat Juvenile Offender Account- control amendments adopted to this live within these discretionary caps ability and Rehabilitation Act of 1999. I bill by the Senate have done to the has played a significant role in pro- do so because I believe that the gun Second Amendment rights of Ameri- ducing not only a balanced budget, but control amendments to this bill that cans. When the heat of this moment is surplus for the foreseeable future. Thus have been adopted by the Senate will gone, and the passions so shamelessly I feel it is not appropriate at this time do lasting damage to the fundamental stirred up by the gun control lobby to extend only the crime cap without right to keep and bear arms, which is have subsided, I am afraid that many addressing the broader issue of the ap- guaranteed by the Second Amendment of those who supported these amend- propriate level of discretionary spend- to the Constitution of the United ments will realize that they have done ing. Moreover, I fear that raising the States. the Second Amendment serious and issue of the caps at this time will un- I am outraged, Mr. President, that lasting harm. Sadly, though, it will be necessarily complicate the passage of the gun control lobby in this country too late. this important juvenile justice legisla- has taken advantage of the tragedy Mr. President, I yield the floor. tion. last month at Littleton, Colorado, as AMENDMENT NO. 322 I know that I do not have to remind well as the incident today in Georgia, Mr. DOMENICI. Mr. President, I rise my colleagues how difficult it is going to mount an unprecedented assault on today to address an issue raised by the to be both this year and next to pass the Second Amendment rights of law- Hatch amendment number 322, which all 13 appropriations bills and stay abiding gun owners. They cast blame the Senate agreed to on Tuesday, May within the caps which we currently on law-abiding gun owners, while leav- 11. While I support both the underlying have in place for the next three years. ing the movie moguls and video game bill and this amendment, I am con- While I am supportive of funding for makers who promote wanton violence cerned about a portion of this amend- criminal justice programs, I am con- to children virtually unscathed. ment which is within the jurisdiction cerned that extending the crime cap Frankly, Mr. President, I am also of the Senate Committee on the Budg- will only make an already difficult disappointed by some of my colleagues et. The Hatch amendment contained task that much harder. I might also in my own political party here in the language which amends that portion of point out to my colleagues that by ex- Senate. I have spent a great deal of the 1994 Crime Bill which created the tending only the crime cap and not the time, over the past two weeks as the Violent Crime Reduction Trust Fund. overall cap, this legislation has the ef- Senate has debated this bill, arguing This portion of the amendment does fect of limiting crime spending for fis- privately with these colleagues and two things: (1) it extends the fund cal years 2003 through 2005 when there trying to persuade them to hold the through fiscal year 2005 and (2) it ex- will be no such limits upon any other line against this onslaught of gun con- tends the discretionary spending limits type of discretionary spending. trol amendments. Sadly, Mr. President, (albeit indirectly) through fiscal year I thank my colleague from Utah, I have not been successful. Neverthe- 2005 for the violent crime reduction Senator HATCH, for recognizing my less, I am proud to have stood up for category. As a result, the amendment concern with this amendment and I the Second Amendment, even, in one was subject to a point of order pursu- look forward to working with him on case, when I was only one of two Sen- ant to section 306 of the Congressional this issue when the bill is in con- ators to vote against a gun control Budget Act of 1974 because it contained ference. amendment to this bill. matter within the jurisdiction of the Mrs. FEINSTEIN. Mr. President, I I am particularly angered, Mr. Presi- Budget Committee and was offered to a rise to thank the distinguished man- dent, by what the Senate has voted to bill that was not reported by the com- agers of this bill, Senators LEAHY and do with respect to gun shows. Sadly, it mittee. I chose not to challenge this HATCH, for including the Feinstein- seems evident to me that the practical provision because I support the under- Chafee amendment regarding separa- effect of the Lautenberg Amendment, lying legislation and I have been as- tion of juveniles from adults in custody adopted earlier today when Vice Presi- sured by the Chairman of the Judiciary in the managers’ ‘‘technical amend- dent GORE cast the tie-breaking vote, Committee, Senator HATCH, that my ment.’’ I also wish to thank Senators will be effectively to ruin gun shows— concerns will be addressed when the AKAKA, FEINGOLD, KOHL, and JEFFORDS, to put them out of business. This, un- bill goes to conference. who agreed to co-sponsor our amend- fortunately, seems to me to be the aim Let me begin by saying that I sup- ment, for their support. of the Lautenberg Amendment. port full funding for crime fighting ef- This amendment resolves a major I am also deeply concerned about the forts. I am, however, troubled by this concern that many, many people had effects of the so-called ‘‘trigger lock’’ amendment because—in its attempt to with this bill, and will help speed the amendment. Even though the amend- ensure funds are available for these im- way to its final passage. ment appears only to require trigger portant programs it has stumbled into Our amendment is designed to locks to be sold with guns, the legal ef- a series of, as yet, unresolved issues re- strengthen the bill’s requirements for fect of the amendment may well be to garding the budget process: should the separating juveniles in custody from do great damage to the Second Amend- discretionary spending limits be ex- adult criminals. We should not be ment rights of law-abiding gun owners. tended beyond fiscal year 2002? If yes, counter-productive by allowing juve- This is because courts may construe should there be limits within the over- nile detention to be a school for crime, the amendment as creating a new civil all cap for items such as defense, high- nor should we be cruel in permitting negligence standard under which gun ways and mass transit, and crime? Cur- the victimization of youths by hard- owners will be seen as having a legal rent law (section 251(c) of the Balanced ened adult criminals. obligation to use their trigger locks or Budget and Emergency Deficit Control Under current law, juveniles cannot face legal liability if their gun is mis- Act of 1985) provides limits on discre- have any contact with adult inmates. used by some third party. tionary spending (the ‘‘caps’’) through None whatsoever. When a juvenile is in If, in fact, the law develops such that the end of fiscal year 2002. an adult facility, that juvenile cannot gun owners have a legal obligation to When the issue of the caps was last be within ‘‘sight or sound’’ of any use trigger locks, these law-abiding addressed during deliberations on the adult—ever!

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5716 CONGRESSIONAL RECORD — SENATE May 20, 1999 Why is that one of the four so-called The core protections help to prevent tween ‘‘incidental’’ and ‘‘inadvertent.’’ ‘‘core’’ requirements? these tragedies elsewhere around the Changing this exception to the Justice Because I remind my colleagues that country. Department standard has the same ef- we are talking about children. Yet, this bill as introduced would fect as the amendment which Senator Children who may or may not have have weakened the core protections for CHAFEE and I originally proposed, and committed a violent offense. children. I was puzzled by why the au- will provide much greater protection Children who may have been arrested thors felt the need to weaken the cur- for juveniles in custody. for the first time. rent standard. According to the latest 2. The amendment passed in the man- Children who perhaps are on the figures from the Justice Department, ager’s package then goes even further, wrong path but most likely never com- 48 of the 50 states are in compliance limiting even this exception to non- mit another offense ever: statistically, with the current standard for sepa- residential areas only. In other words, over two-thirds of juveniles arrested rating children from adults, including there is no exception at all in residen- never commit another crime. such large, rural states as Alaska and tial areas to the prohibition on phys- In the early 1970s, before there were Montana. ical contact between juveniles and protections for children who came into And yet this bill would have allowed adults. Specifically, the amendment contact with our court system, a num- for juveniles to be in close proximity to provides that the inadvertent/acci- ber of studies found that children in adult inmates. While it generally pro- dental exception applies only ‘‘in se- adult jails were subject to rape, as- hibits physical contact between juve- cure areas of a facility that are not sault, sodomy, murder, and other acts niles and adults in custody, there is an dedicated to use by juvenile offenders which sometimes, frankly too often, exclusion. And the exclusion to the def- and that are nonresidential, which may led to suicide. inition of prohibited physical contact include dining, recreational, edu- The Judiciary Committee at the time said that the term ‘‘does not include cational, vocational, health care, entry learned of numerous tragedies and out- supervised proximity between a juve- areas, and passageways.’’ This lan- right atrocities, including a report on nile and an adult inmate that is brief guage is taken almost verbatim from practices in Philadelphia which esti- and incidental or accidental.’’ the Justice Department regulations. mated that 2,000 sexual assaults oc- In other words, it permitted regular This amendment ensures that a juve- curred inside adult jails or ‘‘sheriff’s contact, planned contact, between de- nile cannot be in close proximity such vans’’ used to transport juvenile and linquent juveniles and adult criminals, as supervised ‘‘brief and incidental’’ pa- adults to court over a 26-month period. as long as it is deemed to be ‘‘brief and rades by adult cells or other planned or One juvenile was raped five times while incidental.’’ spontaneous actions by adults to trans- inside such a van. Senator CHAFEE and I were concerned port children from one area of a jail to The numbers tell the story. Children that this standard would have allowed another. in adult jails are 8 times more likely to juveniles to be paraded in front of Our amendment was endorsed by: commit suicide; 5 times more likely to adult inmates as they are being trans- The Department of Justice; the Chil- be sexually assaulted; twice as likely ported from one area of a facility to dren’s Defense Fund; the National Net- to be assaulted by staff; and 50 percent another. That means that every day work for Youth; and the National Col- more likely to be attacked with a the same youth could be required to laboration for Youth, an alliance of 28 weapon than are children in juvenile walk by the adult cell block. youth service groups, including Boy facilities, according to studies by the Adult inmates would have a chance Scouts, 4-H, Girl Scouts, American Red Justice Department and others. to tease, taunt, harass, use suggestive Cross, National Urban League, United In my state of California, we passed body language, expose areas of their Way and YMCA. our laws to keep juveniles out of adult private parts, spit, and otherwise scare A coalition of 22 other organizations jails in the mid-1980s in the wake of juveniles as they are being transported wrote to the Majority Leader, asking tragedies such as the case of Kathy through the facility. that the standard for separating delin- Robbins, a 15-year-old girl who hung Now some might think that’s OK. quent juveniles and adult criminals be herself when she was placed in an adult That to scare a child by exposing them strengthened, including: Minorities in jail in Glenn County for violating a ju- to adults may reduce the likelihood of Law Enforcement, National Associa- venile curfew. the child committing another crime. tion for School Psychologists, National After those reports were released, But, actually, these young children Council of Churches of Christ-Wash- Congress enacted the Juvenile Justice who might be tough on the outside, but ington Office, the Alliance for Children Delinquency Prevention Act and subse- not so tough on the inside, could be and Families, Campaign for an Effec- quent renewals of the law to ensure scared to death—meaning scared tive Crime Policy, and Covenant that children would be treated fairly enough to commit suicide—just as House. by the juvenile justice system and be Robbie Horn was in Oldham County, With the passage of this amendment, kept safely away from adults in jail. Kentucky. we have provided this protection, and Kentucky chose to forgo Federal Older gang members, or veteranos, substantially improved this bill. Cou- money and continue placing juveniles could pass messages on to younger pled with the passage of other amend- in adult jails. This chart shows the re- gang members to coordinate criminal ments that I offered, including banning sult: four suicides, one attempted sui- activities, or to intimidate them from imports of large-capacity ammunition cide, two physical assaults by other in- turning state’s evidence. magazines, the Federal Gang Violence mates, two sexual assaults by other in- The amendment which we have Act, the James Guelff Body Armor Act, mates, and one rape by a deputy coun- agreed upon remedied this. In fact, it is and anti-bombmaking legislation, this ty jailer. even better than what Senator CHAFEE bill now represents a great step for- Let me give you some of the names and I originally proposed. It makes two ward in the effort to reduce juvenile behind the numbers: changes, which bring the bill into line and violent crime. I ask that I be added In Oldham County, 15-year-old Rob- with the current Justice Department as a co-sponsor of the bill, and I urge ert Lee Horn, Jr. was put in jail for regulations: my colleagues to join me in supporting truancy and beyond parental control. 1. It eliminates any planned or reg- its passage. He was paraded through the jail in ular contact between juvenile EARLY CHILDHOOD DEVELOPMENT front of adult inmates who called out delinquents and adult criminals by Mr. KENNEDY. Mr. President, I sup- to him for sex. He hung himself. changing the exception to ‘‘brief and port Senator KERRY’s amendment on In McCracken County, a 16-year-old inadvertent, or accidental,’’ contact. early childhood development. The na- Todd Selke was put in adult jail for The minority report to last Congress’ tion’s highest priority should be to en- being a runaway and disorderly con- juvenile crime bill, S. 10, erroneously sure that all children begin school duct. He committed suicide. stated that the Justice Department’s ready to learn. Our governors realized In Franklin County, a 16-year-old regulations, like the bill, excepted this a decade ago when they said that runaway was raped by a deputy county ‘‘brief and incidental’’ contact. How- the country’s number one goal should jailer. ever, there is a world of difference be- be to prepare all children to enter

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 20, 1999 CONGRESSIONAL RECORD — SENATE S5717 school ‘‘ready to learn.’’ We aren’t In March, Senator STEVENS and I in- Senate finally has begun to show signs going to meet our school readiness troduced a bill, S. 749, cosponsored by of understanding that Americans want goals by the year 2000, but we must do Senators DODD, JEFFORDS, and KERRY, reasonable gun control policies in this all we can to reach this objective soon. to create an ‘‘Early Learning Trust country. We have made some progress We cannot afford to let another decade Fund’’ to improve funding for early by passing a ban on juvenile possession pass without investing more effectively education programs. This bipartisan of semiautomatic assault weapons and in young children’s educational devel- bill provides states with $10 billion a ban on the importation of high-ca- opment. over 5 years to strengthen and improve pacity ammunition clips. We saw most As we debate how to prevent youth early education programs for children Republicans join all Democrats in vot- violence, it is gratifying that Senators under 6. By increasing the number of ing to require that child safety devices on both sides of the aisle are recog- children who have early learning op- be sold with all handguns. And finally, nizing the importance of investing in portunities, we will ensure that many this morning, with a tie-breaking vote children while they are young. During more children begin school ready to by the Vice President, we passed the these early, formative years, construc- read. The ‘‘Early Learning Trust Lautenberg amendment to firmly close tive interventions have the potential Fund’’ will provide each state with re- the gun show loophole. to make the greatest impact. Early sources to strengthen and improve These are the kinds of measures that learning programs—including pre-kin- early education. Democrats in Congress have been advo- dergarten, Early Head Start, Head Governors will receive the grants, cating for years, and it is unfortunate Start, and other activities for young and communities, along with parents, that it took a tragedy like Littleton to children—are building blocks for suc- will decide how these funds can best be bring our colleagues in the majority cess. Scientific research confirms that used. Grants will be distributed based around to our way of thinking, but we in the first few years of life, children on a formula which takes into account welcome even these small steps in the develop essential learning and social the relative number of young children right direction. skills that they will use throughout in each state, and the Department of But small steps they are, Mr. Presi- their lives. health and Human Services will allo- dent, and we need to do much more. We Quality early education stimulates cate the funds to the states. To assist should reinstate the Brady waiting pe- young minds, enhances their develop- in this process, governors will appoint riod, which expired last November, to ment, and encourages their learning. a sate council of representatives from provide a cooling off period before the Children who attend high quality pre- the office of the governor, other rel- purchase of a handgun. We should pass school classes have stronger language, evant state agencies, Head Start, pa- a child access prevention law to hold math, and social skills than children rental organizations, and resource and adults responsible if they allow a child who attend classes of inferior quality. referral agencies—all experts in the to gain access to a firearm and that Low-income children are particularly field of early education. The state child then uses the firearm to harm an- likely to benefit from quality pro- councils will be responsible for setting other person. And we should firmly grams. priorities and approving and imple- close the Internet gun sales loophole, These early skills translate into menting state plans to improve early something the Senate failed to do last greater school readiness. First graders education. week. who begin school with strong language One of the great strengths of the I also believe that we should apply and learning skills are more motivated ‘‘Early Learning Trust Fund’’ is its the same consumer product regulations to learn, and they benefit more from flexibility. States will have the flexi- which apply to virtually every other classroom instruction. Quality early bility to invest in an array of strate- industry and product in this country to education programs also have impor- gies that give young children the build- guns. If toy guns, teddy bears, lawn tant long range consequences and are ing blocks to become good readers and mowers and hair dryers are subject to closely associated with increased aca- good students. Essentially, our pro- regulation to ensure that they include demic achievement, higher adult earn- posal does four things: (1) it enhances features to minimize the danger to ings, and far less involvement with the educational services provided by cur- children, why not firearms? I plan to criminal justice system. rent child care programs and improves introduce legislation to allow the Con- Investments in these programs make the quality of these programs; (2) it sumer Product Safety Commission to sense, and they are cost effective as builds on the momentum of states like regulate firearms to protect children well. Economist Steven Barnett found Georgia and New York, which are ex- and adults against unreasonable risk of that the High/Scope Foundations’ panding their pre-kindergarten serv- injury. I know my friend Senator Perry Preschool Project saved $150,000 ices; (3) it expands Head Start to in- TORRICELLI has introduced a bill to per participant in crime costs alone. clude full-day, full-year services to allow the Treasury Department to reg- Even after subtracting the interest help children of working parents begin ulate firearms. Whichever agency ulti- that could have been earned by invest- school ready to learn; and (4) it ensures mately has oversight, the important ing the program’s funding in financial that children with special needs have thing is that guns should no longer be markets, the project produced a net access to as wide a range of these serv- the only consumer product exempt savings of $7.16—including more than ices as possible. from basic safety regulations. $6 in crime savings—for every dollar in- This legislation will give commu- Mr. President, the NRA’s own esti- vested. nities what they have been asking for— mate is that there are over 200 million At risk 3 and 4 years olds in the High/ funding for coordinated services to guns in this country. That’s nearly one Scope program were one-fifth as likely, ‘‘fill in the gaps.’’ Communities needs for every American. But let’s remem- by age 27, to have become chronic this so-called ‘‘glue’’ money to ber that most Americans don’t own lawbreakers, compared to similar chil- strengthen their early education serv- guns. For most Americans, especially dren randomly assigned to a control ices, and this approach will give them in urban areas, a gun in a public place group. In other words, failure to pro- much needed support. As a result, in the possession of anyone other than vide these services multiplied by 5 many more children will benefit and a law enforcement officer usually times the risk that these infants and begin school ready to learn, ready to brings on a sense of fear, not a sense of toddlers would grow up to be delin- reach their full potential. protection. quent teenagers and adults. The nation’s future depends on how As the President said a few weeks Over 23 million children under 6 live well today’s children are prepared to ago, this fundamental difference in per- in the United States, and all of these meet the challenges of tomorrow. If we spective is at the heart of this gun de- children deserve the opportunity to are serious about improving our chil- bate. If we are to solve the problem of start school ready to learn. To make dren’s lives, I urge my colleagues to gun violence in this country, we have this goal a reality, we must make sig- support the Early Learning Trust Fund to come to a meeting of the minds be- nificant investments in children, long that Senator STEVENS and I will bring tween gun owners and non-gun owners, before they ever walk through the to the floor soon. between rural and urban America. schoolhouse door. Our children cannot Mr. REED. Mr. President, in the past Americans who live in urban and sub- wait, nor can we. week the Republican majority in the urban communities need to understand

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5718 CONGRESSIONAL RECORD — SENATE May 20, 1999 the legitimate use of firearms for hunt- eral grant funds for juvenile justice ac- about juvenile justice without talking ing and sports activities. But at the tivities. These four core principles in- about mental health. The two are inti- same time, members of Congress from clude: mately intertwined. mostly rural states must recognize the (1) Juveniles may not be within sight Studies find that the rate of mental immense pain and suffering that guns or sound of adult inmates in secure fa- disorder is two to three times higher cause in our nation’s urban areas, and cilities. The evidence is overwhelm- among the juvenile offender population they should work with us to convince ingly clear that youth held in adult than among youth in the general popu- their constituents that reasonable, tar- prisons are frequently preyed upon by lation. According to a 1994 Department geted gun restrictions can make a adult inmates. Compared to juveniles of Justice study, 73% of juveniles in world of difference by saving lives in in juvenile facilities, they are 8 times the juvenile justice system reported America’s cities and suburbs. more likely to commit suicide, 5 times mental health problems, and 57% re- I would also add that this is not sim- more likely to be sexually assaulted, ported past treatment for those prob- ply an eastern vs. western states issue. and 50% more likely to be attacked by lems. In addition, over 60% of youth in For example, the Washington Post re- a weapon. the juvenile justice system may have cently reported that in Florida, six of (2) States should not confine juve- substance abuse disorders, compared to the state’s most urban counties have niles for so-called ‘‘status’’ offenses, 22% in the general population. adopted measures to require a waiting such as truancy, that would not be I have prepared legislation to author- period and background checks on all punishable if committed by an adult. ize the Substance Abuse and Mental firearm sales at guns shows, while the (3) States should remove juveniles Health Services Administration rest of the state has not. Every sen- from adult jails and lockups: For the (SAMHSA), in cooperation with the De- ator, from every region of the country, same reasons I just mentioned, juve- partment of Justice, to award grants to has some constituents who legally use niles should not be held in adult jails state or local juvenile justice agencies firearms, and others who want nothing and lockups, with very narrow excep- to provide mental health services for to do with them and see them as a tions and even then for very limited pe- youth offenders with serious emotional deadly threat. My state is no different, riods of time. And, disturbances who have been discharged and I recognize that many of my con- (4) States should address the problem from the juvenile justice system. I be- stituents are decent people who hunt of disproportionate minority confine- lieve it is critical that we help local or- or sport-shoot safely. ment. ganizations to do several things to as- While much more needs to be done, This last issue is one I want to talk sist young offenders: (1) develop a plan and while we are still far from passing briefly about today, because it is the of services for each youth offender; (2) comprehensive gun safety legislation, area where I believe the bill before us provide a network of core or aftercare we have seen in the past week at least most dramatically changes federal pol- services for each youth offender, in- a few limited examples of how, working icy and clearly fails to uphold the long- cluding mental health and substance together, we can bridge the gap and ap- standing principles of our juvenile jus- abuse treatment, respite care, and fos- prove reasonable, targeted restrictions tice system. Nearly seven out of ten ju- ter care; and (3) provide planning and on gun access without taking away a veniles held in secure facilities in this transition services to youth offenders law-abiding, adult citizen’s ability to country are members of minority while these youngsters are still incar- own a gun. groups. cerated or detained. I hope that in the I also believe that gun dealers should African-American juveniles are twice context of this bill or the SAMHSA re- be held responsible if they violate fed- as likely to be arrested as white youth. authorization we can find room for this eral law by selling a firearm to a There is, without question, a con- important program. minor, convicted felon, or others pro- tinuing need to address minority over- I believe that a community-based hibited from buying firearms. Cur- representation in the juvenile justice network of mental health services will rently, there are over 104,000 federally system. We should keep the incentives reduce the likelihood that troubled licensed firearms dealers in the United in current law that encourage states to youth will end up back in the juvenile States. While most of these dealers are do so. Unfortunately, the bill before us justice system. By combining this in- responsible small business people, re- would replace those incentives with novative grant program with strong cent tracing of crime-related guns by language that encourages states to re- prevention programs to reach out to the Bureau of Alcohol, Tobacco and duce disproportionate representation at-risk youth before they come into Firearms (ATF) has found substantial of, quote, ‘‘segments of the popu- contact with the juvenile justice sys- evidence that some dealers are selling lation,’’ an ambiguous and unlimited tem in the first place, we can attack guns to juveniles and convicted felons. phrase that could be interpreted to the problem of juvenile delinquency This direct diversion of weapons from mean men, urban groups, or virtually from both directions. retail to illegal markets is taking any ‘‘segment’’ of the population. The In closing, let me say that we all rec- place both through off-the-book sales effective result is that over-representa- ognize that the problem of gun violence by corrupt dealers and through so- tion of minorities would no longer be among our young people is caused by called straw purchases, when an ineli- the focus of our efforts, and one of the many factors, some of which we may gible buyer has a friend or relative buy pillars of our federal juvenile justice not fully understand. We need more re- a firearm for him or her. policy would therefore be undermined. sources for prevention programs to To remedy this situation, I have in- I was disappointed that the Senate yes- reach at-risk youth before they come troduced legislation, the Gun Dealer terday failed to pass the Wellstone into contact with the juvenile justice Responsibility Act, that would provide amendment to ensure that states con- system in the first place, and we have a statutory cause of action for victims tinue to address disproportionate mi- seen an increased willingness on the of gun violence against dealers whose nority confinement issues. We have other side of aisle to provide those re- illegal sale of a gun directly contrib- been making some progress in this sources; we need a greater focus on utes to the victim’s injury. I believe area, and we need to continue that ef- mentoring and counseling for troubled this legislation will make unscrupulous fort. youth, and we’ve seen some movement gun dealers think twice about who Another area where I think we can do on that front as well; and yes, we need they are selling weapons to, particu- much more is in the provision of men- better enforcement of firearms laws larly minors, convicted felons, or any tal health services for young people and more effective prosecution of gun other ineligible buyer, either directly who come into contact with the juve- criminals, and there is no question or through straw purchases. nile justice system. My friend and fel- that we will see more resources pro- Our nation’s federal juvenile justice low member of the Health, Education, vided to make that happen. programs establish four core principles Labor and Pensions Committee, Sen- But anyone who honestly considers that have served as the foundation of ator WELLSTONE, spoke eloquently on the tragic events in Littleton one federal juvenile justice policy for this subject earlier this week. As he month ago, and the thirteen children years. States are required to uphold and I have discussed many times, you who die every day in this country from these principles in order to receive fed- cannot have a meaningful discussion gun violence, must concede that one of

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 20, 1999 CONGRESSIONAL RECORD — SENATE S5719 the biggest problems of all is that our trol’’ policies in areas intrusive which making the difference in Medicaid re- young people have far too easy and un- are the proper responsibility of state form and because of the efforts of state limited access to guns. We must do and local governments. leaders working with Congress, we now more to keep guns away from kids and Indeed, as syndicated columnist have comprehensive welfare reform. criminals by making sure that Brady David Broder pointed out in a January Also, just this year, we’ve seen the Law background checks are applied 11, 1995 article, ‘‘the unfunded mandate passage and signing into law of the across the board, by reinstating the bill is a worthy effort. But in the end, ‘‘Ed-Flex’’ bill, which gives our states Brady waiting period, by passing a the real solution lies in sorting out and school districts the freedom to use child access prevention law, by firmly more clearly what responsibilities their federal funds for identified edu- closing the Internet gun sales loophole, should be financed and run by each cation priorities and today we passed by holding dealers responsible for ille- level of government.’’ legislation preventing the federal gov- gal sales, and by applying to firearms I wholeheartedly agree. ernment from recouping the tobacco the same consumer product safety reg- It is imperative that we delineate the settlement funds back from the states. ulations that apply to virtually every proper role of government at the fed- But we must still do more. other product in this country. eral, state and local level. Today, we are voting on juvenile jus- Let’s do the right thing and pass a ju- Our forefathers referred to this dif- tice legislation that would impose cer- venile justice bill that includes every ferentiation as federalism, and out- tain new federal laws on what is now means possible to protect our children lined this relationship in the 10th and has traditionally been a jurisdic- and all of our citizens from youth vio- Amendment: tion of our state and local govern- lence. The powers not delegated to the United ments. Thank you, Mr. President. States by the Constitution, nor prohibited I have great respect for the managers Mr. VOINOVICH. Mr. President, prior by it to the states, are reserved to the states of this legislation; they have worked to being elected to the Senate, I served respectively, or to the people. incredibly hard to put together this the people of Ohio for two terms as The importance of the 10th Amend- bill which contains a number of good governor. Before that, I served for 10 ment was inherent to the framers of provisions meant to fight juvenile years as the mayor of Cleveland. I have the Constitution, who sought to pre- crime and a smorgasbord of other also been Lieutenant Governor, a serve for the states their ability to things that on the surface look very County Commissioner, a County Audi- pass and uphold laws that were specific appealing. tor and a State Legislator. to each individual state. In this way, Unfortunately most of them deal I have 33 years of experience at every states would keep their sovereignty with things that are the proper respon- level of government, which I believe over what we consider the ‘‘day to day’’ sibility of state and local government gives me wonderful insight into the re- running of society, reserving the more and violate in spirit and in substance lationship of the federal government comprehensive functions of the nation my interpretation of the 10th Amend- with respect to state and local govern- to the federal government. ment and frankly, the interpretation of ment. This was envisioned by James Madi- Alexander Hamilton. It is the main reason why, over the son, who defined the various roles of Hamilton, who was the greatest pro- length of my service to the people of government in Federalist Paper #45. He ponent in his day of a strong national Ohio, I have developed a passion for the wrote: government, saw law enforcement as a issue of federalism—that is, assigning The powers delegated by the proposed Con- state and local concern. If Hamilton the appropriate role of the federal gov- stitution to the federal government are few were alive today, he would be appalled ernment in relation to state and local and defined. Those which are to remain in at the use of the police power by fed- government. the State governments are numerous and in- eral agencies. That passion remains with me to this definite. The former will be exercised prin- cipally on external objects, as war, peace, ne- And to emphasize Hamilton’s view, day, and I vowed when I got to the Sen- gotiation, and foreign commerce . . . The we need only look at Federalist Paper ate that I would work to sort out the powers reserved to the several states will ex- #17: appropriate roles of the federal, state tend to all the objects which, in the ordinary There is one transcendent advantage be- and local governments. course of affairs, concern the lives, liberties, longing to the province of the state govern- I have committed myself to find ways and property of the people and the internal ments, which alone suffices to place the mat- in which the federal government can be order, improvement and prosperity of the ter in a clear and satisfactory light. I mean a better partner with our nation’s state state. the ordinary administration of criminal and and local governments. In a speech before the Volunteers of civil justice. One of my concerns has been the the National Archives in 1986 regarding Crime control is a primary responsi- overreaching nature of the federal gov- the relationship of the Constitution bility of local and state officials. They ernment into areas I have always felt with America’s cities and the evolution are on the front lines and they are best properly belong under the purview of of federalism, I raised a concern about suited to tackle the specific problems state and local government. Another of the trend in American government in their jurisdictions. my concerns has been the propensity of that I had witnessed since the 1960’s. I Juvenile crime control measures are the federal government to pre-empt our said: being enacted and carried out in the state and local governments. In many We have seen the expansion of the federal various states across the country. And cases, the federal government man- government into new, non-traditional do- sometimes it does take a tragedy such dated responsibilities to state and local mestic policy areas. We have experienced a as the one that occurred in Littleton, governments and forced them to pay tremendous increase in the proclivity of Colorado or the shooting this morning for the mandates themselves. Washington both to pre-empt state and local in Atlanta to spur states on, but they In regard to unfunded mandates, I, authority and to mandate actions on state fully recognize their responsibility to and local governments. The cumulative ef- and a number of other state and local fect of a series of actions by the Congress, provide for the safety of their citizens. elected officials finally got fed up the Executive Branch and the U.S. Supreme The states understand their role and enough to lobby Congress to do some- Court have caused some legal scholars to ob- the need to prevent any further in- thing about it, and in 1995, Congress serve that while constitutional federalism is crease in juvenile crime. They are re- passed the Unfunded Mandates Reform alive in scholarly treatises, it has expired as sponding to that need. Act. I was pleased to be at the Rose a practical political reality. Involvement by the federal govern- Garden representing our state and Mr. President, we have made progress ment in this matter often duplicates local governments at the signing cere- since I spoke those words 13 years ago. the efforts of our state and local gov- mony by the President. Not to the level sought by Madison, ernments. And while we now know the cost of but progress just the same. As I men- I’ll never forget, in 1996, when I was what the federal government is impos- tioned earlier, Congress has passed the Governor and I went to a crime control ing on the state and local governments, Unfunded Mandates Reform Act. We’ve conference in Pennsylvania with then- Congress has still got to do more to re- also passed Safe Drinking Water Act Majority Leader Bob Dole. He was run- verse the tide of ‘‘command and con- reforms in 1996. In addition, states are ning for President at the time. The

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5720 CONGRESSIONAL RECORD — SENATE May 20, 1999 head of the conference suggested 5 crime but could undermine state and So, if we are truly concerned about things the federal government should local anti-crime efforts.’’ lowering the incidences of violent do to reduce juvenile crime. It made Mr. President, I ask unanimous con- crime in America, I believe our focus sense to me, but when I looked at the sent that a copy of that letter be print- should be not only on the symptoms of recommendations, I realized that in ed in the RECORD at the conclusion of juvenile crime, but on the root causes Ohio, we were already doing the things my remarks. as well. We have to act first, and not that were recommended. The PRESIDING OFFICER. Without react later, if we wish to benefit our In 1994, we instituted a program objection, it is so ordered. kids. called ‘‘RECLAIM Ohio’’ which is an (See Exhibit 1.) To be sure, there are just plain, bad innovative approach to juvenile correc- Mr. VOINOVICH. Mr. President, the juveniles who need to be locked up. American Bar Association’s Task tions. This program stresses local deci- And, we need better information about Force on the Federalization of Crimi- sion-making and the creation of more juvenile offenders, profiles that will nal Law in its report issued at the end effective, less costly community-based help our courts deal with rough kids of last year stated that ‘‘more than correction alternatives to state incar- and get them off the streets. 40% of the federal criminal provisions ceration. But, I think part of the problem is enacted since the Civil War have been Under ‘‘RECLAIM Ohio,’’ local juve- enacted since 1970.’’ As a footnote, the youngsters aren’t getting the moral nile court judges are given the flexi- report indicates that more than a quar- and family and religious training at bility to provide the most appropriate ter of the federal criminal provisions home, responsibilities that are falling rehabilitation option. Since 1992, the were enacted over the sixteen year pe- more and more on our schools. population of juvenile offenders in riod of 1980–1996. In Ohio, we established a mediation Ohio’s youth correction facilities has Some change in the responsibility is and dispute resolution program in our dropped 20% as a result of this and legitimate, based upon the scope of kindergartens and first grades to get other innovative local and state pro- particular offenses. However, many kids to talk out their problems so they grams. changes have simply evolved from cur- don’t resort to violence. Mr. President, the success we have rent state and local laws that the fed- We did this because I am concerned, had in Ohio might never have come eral government has either co-opted or Mr. President, about how we can reach about if we had to divert our resources the Congress has directed federal agen- our kids, to help make them become towards a federally mandated program. cies to carry-out. decent, productive members of society. We have seen results with ‘‘RECLAIM As we continue to assign a greater What we need to do is draw a line in Ohio;’’ it is best suited for us. involvement for the federal govern- the sand, and proclaim that we are not In fact, our ‘‘RECLAIM Ohio’’ pro- ment in law enforcement, the impact going to allow another generation of gram was selected as one of the top ten on other resources is also strained, pri- children to fall by the wayside. We innovative programs in government by marily the federal court system. have to say ‘‘This is where it stops.’’ the JFK School of Government at Har- And for those who understand the We need to become a better partner vard University—worthy of replicating traditional role of state and local law with state and local government and elsewhere in the United States. enforcement, it becomes increasingly invest in our children at the most crit- In 1995, Ohio crafted its own com- frustrating to see the shift in pros- ical juncture of their lives—pre-natal prehensive juvenile crime bill. This bill ecuted crimes. to three—the time when parents and imposed mandatory bind-over provi- Earlier this month in testimony be- young children are forming life-long sions for the most heinous crimes and fore the Governmental Affairs Com- attachments and when parents and longer minimum sentences. mittee, Federal Appeals Court Judge other care-givers have an opportunity I believe we should heed the words of Gilbert S. Merritt said that his Court’s to construct lasting values. Senator FRED THOMPSON, who gave an docket and the case load of the U.S. I believe putting our efforts towards eloquent speech about this bill last Attorney’s office for his jurisdiction creating this powerful, enduring im- Wednesday. He said ‘‘Among other consists of ‘‘mainly drug and illegal pact on a young child’s physical, intel- things, [this bill] makes it easier to possession of firearms cases and other lectual, emotional and social develop- prosecute juveniles in Federal criminal cases that duplicate state crimes’’ and ment will do more to end the cycle of court. We have about 100 to 200 pros- that ‘‘federal prosecution of drug and crime and violence in America than ecutions a year of juveniles in Federal firearms crime is having a minimal ef- anything else the Senate could do. court. It is a minuscule part of our fect on the distribution of drugs and il- Mr. President, once more, I would criminal justice system.’’ To put that legal firearms.’’ like to congratulate the managers of in perspective, Senator THOMPSON Most compelling, Judge Merritt said this bill for the time and energy that pointed out that in 1998, there were ‘‘our law enforcement efforts would be they have put into this bill, but juve- ‘‘58,000 Federal criminal cases filed in- much more effective if Congress re- nile crime control is not the responsi- volving 79,000 defendants.’’ pealed most duplicate federal crimes bility of the federal government. Think about what Senator THOMPSON and tried to help local and state street Again, we need only look as far as says—58,000 total federal criminal cases police, detectives, prosecutors and the Constitution to determine which filed; some 200 prosecutions a year of judges do a more effective job.’’ crimes fall within the purview of the Judge Merritt suggested that before juveniles in Federal court. Do we hon- federal government— estly think that we’ll have an extraor- we federalize crime enforcement, we 1. Article 1, Section 8—To provide for should ‘‘concentrate federal criminal dinarily dramatic increase in juvenile the punishment of counterfeiting the law enforcement in only the following prosecutions under this bill? I have to securities and current coin of the ask: why on earth are we doing this? core areas: (1) Offenses against the United States United States; He further stated, ‘‘[This bill] would 2. Article 1, Section 8—To define and itself; allow juveniles as young as 14 years of (2) Multi-State or international punish piracies and felonies committed age to be tried as an adult for violent criminal activity that is impossible for on the high seas, and offenses against crimes and drug offenses—drug of- a single state or its courts to handle; the law of nations; and fenses, again, that are of the street (3) Crimes that involve a matter of 3. Article 3, Section 3—To declare the crime category, where we have laws on overriding federal interest, such as vio- punishment for treason. the books in every State of the Union.’’ lation of civil rights by state actors; For the remainder of crime that im- In a letter to the Chairman and (4) Widespread corruption at the pacts our nation, the 10th Amendment Ranking Member of the Judiciary state and local levels; and spells out quite clearly how we should Committee, the leaders of the National (5) Crimes of such magnitude or com- deal with it: Governors’ Association said ‘‘the na- plexity that federal resources are re- The powers not delegated to the tion’s governors are concerned that at- quired.’’ United States by the Constitution, nor tempts to expand federal criminal Mr. President, based on what I can prohibited by it to the states, are re- law. . .into traditional state functions see, this legislation does not meet served to the states respectively, or to would have little effect in eliminating these criteria. the people.

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 20, 1999 CONGRESSIONAL RECORD — SENATE S5721 Mr. President, we should follow the Flexibility: The current language in S. 254 groups interested in these amendments wisdom of our forefathers. offers some discretion to Governors over ap- to the Senators who are voting on pointments to state advisory boards over- EXHIBIT 1 them is coming from one side. Accord- seeing implementation of state programs ing to the Center for Responsive Poli- NATIONAL GOVERNORS ASSOCIATION, under the Juvenile Justice Act. Governors Washington, DC, May 14, 1999. should have sole discretion over creation, tics, gun rights groups, including the Hon. ORRIN G. HATCH, make-up and appointments to state advisory National Rifle Association, gave over Chairman, Committee on the Judiciary, U.S. boards. Some states have existing boards $9 million to candidates, PACs, and Senate, Washington, DC. that can fulfill this requirement. Further- parties from 1991 to 1998. The NRA gave Hon. PATRICK J. LEAHY, more, states should be given maximum flexi- $1.6 million in PAC contributions to Ranking Minority Member, Committee on the bility to implement the spirit and purposes federal candidates last year. Handgun Judiciary, U.S. Senate, Washington, DC. of the statute for the goals of delinquency Control, Inc. gave a total of $146,000. DEAR MR. CHAIRMAN AND SENATOR LEAHY: prevention, intervention, and protection of As the Senate considers juvenile crime legis- juveniles from harm. Also, S. 254 eases the With respect to Senator LAUTEN- lation, the nation’s Governors believe that monitoring requirements for state imple- BERG’s amendment to close the gun the federal government should improve its mentation of the Juvenile Justice program. show loophole last week, the Center support of states in combating youth vio- Program participation with core require- found that those who voted against lence. This endeavor requires the develop- ments: Governors believe that rules, regula- that amendment had received an aver- ment and implementation of programs and tions, definitions, responsibilities, and re- age of over $10,478 from gun rights policies that strive to prevent delinquency, porting requirements authorized in the legis- eliminate the presence of violence wherever groups, while those who voted for it lation should be reasonable and not impede averaged only $297. I say this not to children congregate, and ensure strong pun- states’ ability to effectively administer the ishment for those responsible for exposing programs promoted in the legislation. Fur- cast aspersions on any Senator’s vote, young people to delinquency, drugs, and vio- ther, the statute should be designed to en- but because I think the public record of lence. The first line of defense against youth courage full participation in the program by our debate on these issues would be in- violence is responsible parenting. Having all the states, but not penalize states that complete without this information. recognized this fact, the states’ priority in choose not to participate in some or all pro- There have been other improvements this area should be to establish comprehen- grams. sive services and programs that prevent made in the bill as a result of the de- The recent tragic events in Colorado, Or- bate here on the floor and negotiations youth from committing crime. Prevention egon, Arkansas, Kentucky, and Mississippi programs that build self-esteem through and other areas of the country have focused among Senators and the Managers. The achievement of worthwhile goals and offer the nation’s attention on the need for juve- final bill now reasonably protects the an alternative to violent and criminal activ- nile justice reform. We appreciate your tak- privacy of juvenile offender records. ity are critical to the successful reduction of ing our concerns under consideration as you The amendment to ensure the separa- juvenile crime. debate S. 254. tion of children from adult prisoners in There should be a safe environment for Sincerely, mixed prison settings also was adopted. children to grow and develop. This includes GOVERNOR THOMAS R. This good work, however, is not schools, parks, playgrounds, and any place CARPER, youth congregate. The rise in handgun vio- Chairman. enough to undo the harm that this bill lence especially in and around schools is of GOVERNOR MICHAEL O. will do to our nation’s children. concern to Governors. There should be swift LEAVITT, We have strong evidence that preven- and certain punishment for individuals who Vice Chairman. tion reduces crime. According to the illegally provide a firearm to a minor, or GOVERNOR JAMES B. HUNT, Children’s Defense Fund, in the first knowingly provide a firearm to a minor for JR., year after the Baltimore Police De- illegal use. Furthermore, there must be im- Chairman, Human Re- mediate seizure of guns illegally possessed partment opened an after-school pro- sources Committee. gram in a high-crime area, crime in by minors. Also, there should be strict pen- GOVERNOR MIKE HUCKABEE, alties for children below the age of eighteen Vice Chairman, that neighborhood dropped 42%. Cin- who illegally possess a firearm. Human Resources cinnati’s crime rate dropped 24% since S. 254, the Violent and Repeat Juvenile Of- Committee. it instituted violence prevention, edu- fender Accountability and Rehabilitation Mr. FEINGOLD. Mr. President, I rise cation, social and recreation programs. Act of 1999 will be among the legislative ini- And in Fort Worth, Texas, gang-related tiatives considered regarding juvenile crime. today in opposition to S. 254, the Juve- We would like to address some of the provi- nile Justice Bill. I oppose this bill be- crime dropped by 26% as a result of a sions in this legislation. cause it does far more harm than good gang reduction program. Federalization: The nation’s Governors are to the fundamental interests of our na- Now, the Hatch-Biden amendment concerned that attempts to expand federal tion’s children. takes us part of the way there by al- criminal law (Title I of S. 254) into tradi- The bill fails to do what the Little- lowing 25% of funding for juvenile tional state functions would have little ef- block grants to be allocated to preven- fect in eliminating crime but could under- ton tragedy screams out loudly and mine state and local anticrime efforts. Fur- clearly we should do: strive to prevent tion efforts. But frankly, that’s not ther, the Governors are concerned that fed- future schoolhouse tragedies and all ju- enough. We need to do more. Our chil- eral concurrent jurisdiction in criminal jus- venile violence. The bill is long on dren’s future demands that we do more. tice efforts can be used by the federal gov- prosecution and detention but short on The Juvenile Justice bill emphasizes ernment as a means to impose undue man- prevention. detention and intervention after juve- dates on state and local crime control and During debate on this bill, I was glad niles have already gotten into trouble. law enforcement officials. The bill, however, does not provide sen- Another federalism issue is raised by sec- to see that some of my concerns were tion 1802 the ‘‘Juvenile Criminal History resolved. After a contentious debate, sible, adequate funding for prevention Grants.’’ It needs language clarifying what the Senate finally closed the gun show programs. Programs that will help to information will be contained in the na- loophole. The Lautenberg-Kerrey ensure that kids will not turn to crime tional data bases, who will have access to amendment is a sensible regulation on and violence and will never have to ex- the data, how the data will be used, and to the sale of guns at gun shows. It does perience handcuffs slapped on their affirm states’ right to ultimately control ac- not prevent law-abiding citizens from wrists or the inside of a detention cen- cess to their own data under our federal sys- selling and buying guns at gun shows. ter. tem. Waiver: The formula in the accountability The Senate’s debate on guns in the This bill also deeply troubles me be- block grant of S. 254 (Part R—Juvenile Ac- last week had what I believe to be a cause it will put a halt to efforts to re- countability Block Grants, Subtitle B) re- sensible outcome. But I do want to duce discrimination in our juvenile jus- quires states to pass-through money to local point out one thing about the debate tice system. The bill ignores reality: units of governments handling juvenile jus- we have had on various amendments to we are throwing African-American kids tice functions. In many states, including this bill dealing with the topic of gun into jails at a higher rate than white Utah and Vermont, the juvenile crime func- control. Obviously, there are very kids who commit the exact same of- tion is administered at the state level of gov- ernment, working with the locals. S. 254 strong feelings about gun-related fense. This phenomenon is called dis- would allow the Attorney General to waive amendments on both sides, and the proportionate minority confinement. the pass-through requirement for these issues are complex. But the vast major- Our Nation has come a long way to- states. We support this provision. ity of campaign contributions from ward achieving racial harmony and

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5722 CONGRESSIONAL RECORD — SENATE May 20, 1999 equality, but we still have a long way a child will be tried as an adult after a communities. Second, it is fraudulent to go. In nearly every state, children of full hearing. If the prosecutor believes because it promises billions of dollars minority racial and ethnic back- that a child should be charged as an for new programs that will not be im- grounds are over-represented at every adult, the prosecutor goes to court and plemented because the money is simply stage of the juvenile justice system and puts on evidence to establish why the not available. receive harsher treatment by the sys- child should be tried as an adult. This To hold out the false hope that the tem. A California study has shown that is called a ‘‘waiver’’ hearing. The pros- federal government can, through the black youths consistently receive ecutor must show reason for the judge passage of yet another law, offer an harsher punishment and are more like- to waive the child into adult court. easy solution detracts from the impor- ly to receive jail time than white Now, under the Juvenile Justice bill, tant, and admittedly difficult, work youths convicted of the same offenses. the prosecutor would be able to charge that must continue in our homes, Current law requires states to identify children as young as 14 as adults if schools and communities. disproportionate minority confinement they have allegedly committed a fel- As difficult as it may be for many of in their states, to analyze why it exists ony. The child—not the prosecutor— my colleagues to accept, the cure for and to develop strategies to address the would request a hearing to prove to the the violence and disrespect for life that causes of disproportionate minority judge that he or should be treated as a is prevalent in our society, particularly confinement. The law does not require child. in our younger generations, will not be and has never resulted in the release of There is great wisdom in the current found in this body by passing another juveniles. Nor does the law provide for law. The decision to prosecute a child federal law. I wish it were that easy. quotas. And no state’s funding under as an adult is a serious one that will The cure will be found after a great the Juvenile Justice and Delinquency profoundly impact that child’s life and deal of soul-searching by our nation at Prevention Act has ever been reduced the sentence that will follow convic- all levels. Parents must re-engage in as a result of non-compliance. tion. It is better to leave that decision their children’s lives. Schools must In fact, the current law has been very to an impartial judge, not the pros- work harder to spot the warning signs effective. Forty states are imple- ecutor. displayed by our troubled youth and menting or developing intervention Finally, I must cast my vote against take action before tragedy occurs. And plans to address disproportionate mi- this bill because it creates yet another those who market gratuitous vio- nority confinement. This bill will bring federal death penalty. The Senate un- lence—whether it be through tele- to a halt this good work conducted by fortunately passed the Hatch-Feinstein vision, movies, video games or the the states. These states have just amendment, which will allow imposi- Internet—must consider the responsi- begun to address the disturbing reality tion of the death penalty against per- bility they have to society, as well as of disproportionate minority confine- sons who cause the death of another to their bottom line. Most decisions ment. But under this Juvenile Justice person during an act of animal enter- should be made in our communities, bill, the law enforcement community prise terrorism. I have been, and con- not in the Congress. States should be will no longer be required to address tinue to be, a strong, steadfast oppo- allowed to experiment with a wide the problem of discriminatory treat- nent of the death penalty. In my view, range of programs, not told what to do ment of minority juvenile offenders. the death penalty is unconstitutional by Washington D.C. This is outrageous. under the Eighth Amendment, which I recognize some positive elements in I am outraged, and this body should prohibits cruel and unusual punish- this bill. The relaxation, for example, be outraged, that we are punishing ment. And it is morally wrong for a of the strict sight and sound separation black kids more harshly than white civilized society to continue to impose requirements between juvenile and kids for the exact same offenses. The this penalty. We should lock up offend- adult prisoners is a common sense debate on this issue illustrated how ers for life, but we should not take change consistent with the views ex- much more work we still need to do on their lives. pressed by law enforcement officials in civil rights. Many of my colleagues In sum, Mr. President, I urge my col- my state. Although I support the would have you believe that there is no leagues to heed the advice of skilled Ashcroft Amendment that gives local longer a race problem in this country. professionals who work with our youth educators the flexibility to treat equal- I beg to differ. To those colleagues, I every day. Organizations like the Chil- ly all students who bring guns to ask you to look around this chamber dren’s Defense Fund, the Youth Law schools, the law it amends is fun- and identify for me the Senator of Afri- Center, the National Network for damentally flawed and requires more can descent. You cannot because there Youth have expressed their serious op- thorough debate. I intend to have this is not one. I am troubled that on this position to the bill. These organiza- debate later this year. and other important civil rights issues, tions represent the thousands of people The positive elements in S. 254, how- we do not have a member of the Afri- who are conducting effective after- ever, are outweighed by the negative: can-American community as one of our school programs, providing counseling the bill usurps state, local, and private colleagues. I cannot help but think to troubled youth and other necessary sector authority, both in spirit and in that our debate would have been better services to our children at risk. In practice. For example, although S. 254 informed if we had the voice of an Afri- other words, these organizations are makes federal juvenile adjudication can-American Senator speaking at one the experts. The experts believe that, and conviction records available to of our podiums. I cannot help but think although the bill is much improved schools in certain circumstances, thus that the vote on the Wellstone-Ken- over last year’s juvenile justice bill permitting school officials knowledge nedy amendment would have had a dif- and corrects some problems in the of the conceivable monstrous acts of a ferent outcome if we had the vote of an original bill as it came to the floor last prospective student, it then prohibits African-American Senator cast on this week, the final bill is still a regressive all schools, once privy to that informa- floor. solution to juvenile crime. tion, from using it in admissions deci- We have come a long way toward rid- Let us put aside our partisanship for sions. ding our nation of discrimination the sake of our children’s and our Na- The bill makes promises we cannot against African Americans and other tion’s future. I must oppose this juve- keep and creates expectations we can- minorities. But we need to keep forging nile justice bill. not meet. ahead for the good of our children and I yield the floor. S. 254 authorizes prodigious amounts the future of our country. Let us not Mr. GORTON. Mr. President, Senate of federal funds for numerous pro- turn back the clock. bill 254 does not, in my opinion, war- grams, and the promise of these monies The bill also does more harm than rant passage. I will vote against the has led to considerable fighting over good by shifting the burden to the bill because it is fundamentally fraudu- their allocation, particularly over ear- child to show why he or she should be lent. First, it wrongly assumes that marking funds for crime prevention tried in a juvenile court, not as an Washington, DC has the answers to ju- programs. While the debate between adult. Under current law, federal venile crime and the right to impose prevention and punishment is an im- judges, not prosecutors, decide whether its will over that of state and local portant one, it is, unfortunately, also

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 20, 1999 CONGRESSIONAL RECORD — SENATE S5723 hollow in this case: it is extremely un- lieve the students planned to rob a gun ported seeing drugs sold on school likely that many of the programs au- store for the weapons needed to carry grounds. And now the drug menace is thorized in S. 254 will be funded at any- out their plan. moving into our middle schools. 46 per- where near the levels authorized, if at Here we have yet another sign, Mr. cent, almost half of our middle school all. President, of the epidemic in this coun- kids, go to schools that are not drug Much to my dismay and those of try of violence and fear in our schools. free. other appropriators, it is unclear All across the country, schools are With the explosion in drug use we whether we will be able this year to experiencing bomb threats and stu- also have seen a massive proliferation meet current commitments to juvenile dents and teachers are beginning to of guns in our schools. The Depart- justice and law enforcement. In the fear entering the classroom. The De- ments of Education and Justice report budget he sent to Congress, the Presi- troit News front page headline from that 6,093 students were expelled for dent eliminated numerous federal yesterday summed it up: ‘‘Fear, bringing guns to school during the grant programs and gutted others. The threats invade Metro classrooms.’’ The 1996–97 school year alone. Byrne Grants that have been put to News went on to report that one-third This is the situation supposedly ad- such good use in Washington state to, of the 560 students at Holland Woods dressed by the Safe and Drug Free among other things establish multi-ju- Middle School stayed home Monday, Schools Act. So, what is this act, writ- risdictional drug task forces, were re- the first day of classes since police dis- ten into law in 1986 and with current duced by more than 20% in the Presi- covered the plot to massacre students funding levels at $566 million, accom- dent’s budget. Local law enforcement there. plishing? Tragically little, Mr. Presi- dent. block grants, for which $523 million Mr. President, students should not Congress passed the Safe and Drug fear for their lives when they enter the was appropriated in 1999, and which are Free School Act allocating funds to school building. Indeed, they have a used for a range of law enforcement fight drug use and the violence it needs, from putting more officers on right not to be put in this kind of fear, breeds. But that money is not being the streets to improving law enforce- particularly on school grounds. spent wisely, on programs that actu- ment communications systems, were I believe we must do more to help ally succeed in reducing drug use and eliminated entirely. Grants to states schools deal with threats of violence. gun violence in our schools. for prison construction, a $720 million We must give schools more options to Instead, Mr. President, a report in program in 1999, was reduced to $75 prevent the type of tragedy that oc- the Los Angeles Times has found that million in the President’s FY2000 budg- curred in Littleton and that also might grant money is being used to pay for et. Put another way: our first priority have occurred in Port Huron. questionable activities like motiva- ought to be funding our current crime Following the incident in Holland tional speakers, puppet shows, tickets prevention programs, rather than add- Woods Middle School, Assistant Super- to Disneyland, dunking booths and ing a passel of new ones we frankly intendent Thomas Miller outlined the magic shows. Surely we can use this cannot afford. school system’s response to increasing law for something more than what Regrettably, many of the philo- security at their schools. The school President Clinton’s own drug Czar, sophical and practical concerns I have system’s plan would include 24-hour se- General Barry McCaffrey, calls a pro- with this legislation simply were not curity guard surveillance at all schools gram to ‘‘mail out checks.’’ addressed during the many long days it and a bomb-sniffing dog. Other pro- Our children and their teachers de- has been on the floor because we have posed security measures could include serve better. Indeed, Mr. President, spent so much time debating gun metal detectors, the elimination of they are demanding better. For three amendments. I firmly believe in com- coats in classrooms and photo identi- years running, teens in the Luntz sur- mon sense gun safety procedures as fication badges for pupils and teachers. vey have deemed drugs the most impor- long as they do not infringe on the Sec- Mr. President, my provision would tant problem they face. Most teens ond Amendment freedoms of law abid- allow schools facing these serious secu- favor random locker searches and drug ing adults. Several times this week I rity problems to access Safe and Drug testing of all students. voted for amendments that would help Free School money to address their se- And their teachers agree. Four out of to promote gun safety or keep guns out curity needs and to truly keep their five teachers favor locker searches and of the hands of criminals, and just as schools ‘‘safe.’’ a zero tolerance policy on drugs. Two often I voted against amendments that In light of the growing number of vi- thirds favor at least some form of drug infringed on second amendment rights olence in our schools and an increase in testing. that would not effectively do this. the number of threats, we must provide Mr. President, our teachers and our Never, however, did I vote on an local school districts with further, ef- children have recognized the obvious: we must find those who are bringing amendment that I thought would have fective options in combatting the pro- guns and explosives into our schools if prevented the recent tragedies in Geor- liferation of guns, explosives, and other we are to stop gun and other forms of gia and Colorado. weapons in our schools. And so, with regret, I cannot join my My provision will also help schools violence affecting our kids By the same token, Mr. President, colleagues in misleading the American deal with the scourge of drugs, a you must find those who are using and scourge which not only ruins indi- people in promising that through this, dealing drugs before you can effec- vidual lives but also breeds the kinds of or any other, bill, we will make their tively deal with the drug problem in isolation, maladjustment and violence communities and schools safe again. our schools. Mr. ABRAHAM. Mr. President, I am we have seen so often in recent years. My amendment accepts the common pleased that my amendment to the Currently, school districts may use sense logic expressed by our teachers pending Juvenile Justice bill was in- funds allocated under the Safe and and students. cluded in a package of amendments Drug Free Schools Act for a variety of My amendment does nothing to alter cleared by the managers. I would like programs aimed at reducing drug use the availability of funds for other op- to talk briefly about why this provi- and school violence. School districts tions in the fight against drugs and gun sion is crucial to combatting school vi- need additional options. My amend- violence in our schools. It merely adds olence. ment would allow local school districts to the list the option of using these As I am sure many of my colleagues to access funding under the Safe and funds for locker searches and drug test- are aware, the Holland Woods Middle Drug Free Schools Act for use in con- ing. It, rightly in my view, leaves the School in Port Huron, Michigan, made ducting locker searches for guns, explo- final decision on these issues to those national news this past week. Four sives, other weapons, or drugs and for who know the needs of their schools children, the youngest of them 12 years the drug testing of students. best—local authorities. But it adds an old, were arrested for plotting to do Drug use constitutes a full-fledged important option to the list from ‘‘something worse’’ than the tragedy epidemic in our schools, Mr. President. which they can choose. that occurred in Littleton, Colorado. In a recent Luntz survey, three fourths I am pleased that this common sense Police in Port Huron believe that the of high school students said that their proposal has been cleared by the man- plot was more than a prank. They be- schools are not drug free. 41 percent re- agers.

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00091 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5724 CONGRESSIONAL RECORD — SENATE May 20, 1999 I yield the floor. to deadly weapons, we must also ensure justice, and education expenditures in Mr. LEVIN. Mr. President, with the that schools have access to proven vio- the long run. By taking steps now we passage of the Juvenile Justice bill lence prevention programs designed to can reduce later destructive behavior today the Senate took a positive step meet the particular needs of the stu- such as dropping out of school, drug forward in addressing the youth vio- dents. The bill provides $250 million in use, and criminal acts like the ones we lence that we have sadly seen far too grants for projects that allow schools have seen in Littleton and Jonesboro. much of in recent weeks. to partner with the U.S. Department of We are doing that in this bill—but we One month ago today, we watched in Justice and police officers in crime pre- should be doing far more. horror as children turned violent vention; $113 million for creative on- A study of the High/Scope Founda- against other children, and we asked site school violence prevention pro- tion’s Perry Preschool found that at- ourselves why? Today, again, we’ve grams and alcohol nd drug counseling; risk toddlers who received pre-school- seen the horror of a high school stu- and amends the Elementary and Sec- ing and a weekly home visit reduced dent firing a weapon at his school- ondary Education Act to make funds the risk that these children would grow mates. There is no one cause of this available for training in school safety up to become chronic law breakers by a youth violence, the causes are many and violence prevention, crisis pre- startling 80 percent. The Syracuse Uni- but the common denominator in all of paredness, mentoring and anti-violence versity Family Development Study these school shootings cannot be ig- programs. showed that providing quality early- nored or denied: the easy access our Mr. KERRY. Mr. President, the pas- childhood programs to families until young people have to guns. sage of this Juvenile Justice Bill rep- children reached age five reduces the If there is one silver lining in what resents an important step forward for children’s risk of delinquency 10 years happened at Littleton it’s that this those of us who have expressed concern later by 90 percent. It is no wonder that event has become a catalyst for the for the safety and well-being of Amer- a recent survey of police chiefs found Senate to finally begin to overcome ica’s young people. I am pleased that in that nine out of ten said that ‘‘America the disproportionate influence of the spite of the tensions and the controver- could sharply reduce crime if govern- gun lobby and to close a few of the gap- sies that have marked these past weeks ment invested more’’ in these early ing loopholes in our federal gun laws in the United States Senate, we are, in intervention programs. which give our youth such easy access the final analysis, able to come to- I know it can work. I visited an in- to guns. gether as a Senate in support of certain credible center, the Castle Square Over the last few weeks, with the Ju- principles that we know are absolutely Early Childhood Development Center venile Justice bill on the floor of the essential if we are to reform our na- in Boston, and I saw kids getting the Senate, we have taken important steps tion’s juvenile justice policy to reflect attention they need during the day to strengthen our current laws. We modern life and the needs of all our while their parents work, children have passed legislation to prohibit ju- children in this nation. being held and read to, and cared for, veniles from owning semiautomatic The aftermath of the tragic school children who aren’t raising themselves, weapons and large capacity ammuni- shootings in Littleton and even the vi- parents who come in and volunteer in tion devices. We have banned the im- olence today in Atlanta underscored the evening and take classes there so portation of big ammunition clips, for all of us the importance of getting they can better take care of their kids which have been flooding into the serious about juvenile justice. In this when they’re sick or when they need United States by the millions. The debate here in the Senate about juve- special attention. But you know what, Senate passed an amendment requiring nile justice, we heard a great deal for the sixty kids in that program, that handguns be sold with trigger about efforts to keep guns out of the there are six hundred on a waiting list. locking devices to protect children. hands of violent students, we heard There is the Early Childhood Initia- And just this morning, the Senate, by about efforts to try juvenile offenders tive in Allegheny County, PA—one of one vote, the deciding vote cast by as adults, about stiffer sentences, the first pilot programs in this country Vice President GORE, passed legislation about so many answers to the problem which gave life to the kind of legisla- to regulate the sale of firearms at guns of kids who have run out of second and tion we’re passing here today—an inno- shows, ensuring juveniles and others third chances—kids who are violent, vative program which helps low-in- cannot use these shows as a convenient kids who are committing crimes, chil- come children from birth to age five way to circumvent the safeguards ap- dren who are a danger to themselves become successful, productive adults plied to normal sales through licensed and a danger to those around him. I by enrolling them in high quality, gun dealers. was a prosecutor in Massachusetts be- neighborhood-based early care and edu- Mr. President, I believe it’s clear fore I entered elected office. I have cation programs ranging from Head that the American people support the seen these violent teenagers and young Start, center-based child care, home- actions we have taken. In fact, I am people come to court, and let me tell based child care, and school readiness hopeful that we will build on these first you, there is nothing more tragic than programs. ECI draws on everything steps, for example, to ban semiauto- seeing these children who—in too many that’s right about Allegheny County— matic assault weapons and handguns cases —have a jail cell in their future the strengths of its communities— for persons under 21 years of age. This not far down the road, children who neighborhood decision-making, parent may be one of our most important have done what is, at times, irrep- involvement, and quality measure- tasks yet. According the Bureau of Al- arable harm to their communities. ment. Parents and community groups cohol, Tobacco and Firearms’ Youth I am pleased we are passing a bill decide if they want to participate and Crime Gun Interdiction Initiative, the today which demonstrates we don’t they come together and develop a pro- two most frequent ages at which only begin to care about these kids at posal tailored for the community. Reg- crimes are committed with gun posses- that point —after the violence, after ular review programs ensure quality sion are 18 and 19. In 1997, 22% of those the arrest, after the damage has been programming and cost-effectiveness. arrested for murder were 18, 19 or 20 done, when it may be too late—when We’re talking about local control get- years old. we could have started intervening in ting results locally: 19,000 pre-school This legislation clearly falls short of our kids’ lives early on, before it was aged children from low-income fami- closing all of the loopholes which allow too late. We can say that we have had lies, 10,000 of which were not enrolled our youth easy access to deadly weap- a real debate about juvenile justice be- in any child care or education program. ons. However, in the wake of the trag- cause we are passing a bill that makes By the year 2000, through funding sup- edy at Littleton, the Senate has taken some critical investments in vital plied by ECI, approximately 75% of critical steps forward. This is a victory early childhood development efforts, these under-served pre-schoolers will for the good sense of the American peo- but a great deal of work remains un- be reached. Early evaluations show ple over the entrenched interests of done. that enrolled children are achieving at NRA lobbyists in Washington. The truth is that early intervention rates equivalent to their middle in- Mr. President, in addition to pre- can have a powerful effect on reducing come peers. And as we know, without venting our youth from having access government welfare, health, criminal this leveling of the playing field, low-

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00092 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 20, 1999 CONGRESSIONAL RECORD — SENATE S5725 income children are at a greater risk of matically reduce later remedial and so- The result was announced—yeas 73, encountering the juvenile justice sys- cial costs, our nation has spent no nays 25, as follows: tem. That’s a real difference. more than $35 billion over five years on [Rollcall Vote No. 140 Leg.] These kinds of programs are success- federal programs for at-risk or delin- YEAS—73 ful because children’s experiences dur- quent youth and child welfare pro- Abraham Edwards Mack ing their early years of life lay the grams. Akaka Feinstein McConnell foundation for their future develop- That is a course we are taking some Allard Fitzgerald Mikulski ment. But in too many places in this steps to change today. We are starting Ashcroft Frist Moynihan to talk in a serious and a thoughtful Baucus Graham Murkowski country our failure to provide young Bayh Grams children what they need during these way—through a bipartisan approach— Murray Bennett Hagel Reed crucial early years has long-term con- about making a difference in the lives Biden Harkin Reid Bingaman Hatch sequences and costs for America. of our children before they’re put at Robb Bond Inouye Rockefeller Recent Scientific evidence conclu- risk. We are starting to accept the Boxer Jeffords sively demonstrates that enhancing truth that we can do a lot more to help Breaux Johnson Roth children’s physical, social, emotional, our kids grow up healthy with prom- Bryan Kennedy Santorum Sarbanes and intellectual development will re- ising futures in an early childhood de- Byrd Kerrey Chafee Kerry Schumer sult in tremendous benefits for chil- velopment center, in a classroom, and Cleland Kohl Sessions dren, families, and our nation. The in a doctor’s office than we can in a Cochran Kyl Smith (OR) electrical activity of brain cells actu- courtroom or in a jail cell. But we Collins Landrieu Snowe could be doing much more. Conrad Lautenberg Specter ally changes the physical structure of Daschle Leahy Stevens the brain itself. Without a stimulating These issues are now a part of this DeWine Levin Thurmond environment, the baby’s brain suffers. juvenile justice debate. But they need Dodd Lieberman Torricelli At birth, a baby’s brain contains 100 to be a bigger part of every debate we Domenici Lincoln Warner have about our kids’ future. My col- Dorgan Lott Wyden billion neurons, roughly as many nerve Durbin Lugar cells as there are stars in the Milky league KIT BOND and I reintroduced Way. But the wiring pattern between yesterday our Early Childhood Devel- NAYS—25 these neurons develops over time. Chil- opment Act which we had previously Brownback Gorton Roberts Bunning Gramm Shelby dren who play very little or are rarely introduced in the last Congress, and which had passed as part of the tobacco Burns Grassley Smith (NH) touched develop brains 20 to 30 percent Campbell Gregg Thomas smaller than normal for their age. legislation last summer. That bill Coverdell Helms Thompson Reversing these problems later in life moves us forward in a bipartisan way Craig Hutchinson Voinovich towards a different kind of discussion Crapo Hutchison Wellstone is far more difficult and costly. We Enzi Inhofe know that—if it wasn’t so much hard- about juvenile justice—and towards ac- Feingold Nickles tions we can take to provide meaning- er, we wouldn’t be having this difficult NOT VOTING—2 debate in the Senate. ful intervention in the lives of all of Hollings McCain I think it is time we talked about our children. I am appreciative of the giving our kids the right start in their deep support we’ve found for our ap- The bill (S. 254) was passed. lives they need to be healthy, to be proach in this legislation by Senator (The bill will be printed in a future successful, to mature in a way that STEVENS, Senator JEFFORDS, Senator edition of the RECORD.) doesn’t lead to at-risk and disruptive DODD, Senator KENNEDY and all of the Mr. HATCH. I move to reconsider the behavior and violence down the road. cosponsors of the original Kerry Bond vote. We should stop and consider what is bill: Senator HOLLINGS, Senator JOHN- Mr. LEAHY. I move to lay that mo- really at stake here. Poverty seriously SON, Senator LANDRIEU, Senator LEVIN, tion on the table. impairs young children’s language de- Senator MOYNIHAN, Senator The motion to lay on the table was velopment, math skills, IQ scores, and WELLSTONE, and my colleague from agreed to. their later school completion. Poor New Jersey, Senator BOB TORRICELLI. I Mr. HATCH. Mr. President, I ask young children also are at heightened am pleased to join Senators STEVENS unanimous consent 5 minutes be given risk of infant mortality, anemia, and and KENNEDY in supporting parenting, to myself and Senator LEAHY, in that stunted growth. Of the 12 million chil- but as we expressed in our sense-of-the- order. dren under the age of 3 in the United Senate amendment there is much more The PRESIDING OFFICER (Mr. States today, 3 million—25 percent— we need to be doing in terms of broader HAGEL). Without objection, it is so or- live in poverty. Three out of five moth- early childhood development efforts— dered. ers with children under three work, but we need a more comprehensive ap- Mr. HATCH. Mr. President, in the one study found that 40 percent of the proach. past, time seemed to roll past school facilities at child care centers serving In this legislation we have taken an shootings and similar tragedies. The infants provided care of such poor qual- important step towards recognizing the public was quickly distracted. Yet, ity as to actually jeopardize children’s importance of early childhood develop- Littleton was different. The need to do health, safety, or development. In more ment programs for our children, as well something about the serious problem of than half of the states, one out of every as the responsibility of the Congress to youth violence has always been appar- four children between 19 months and make early childhood investments a ent. The tragedy of a month ago gave three years of age is not fully immu- priority in our budget process. us the ingenuity and dedication to fol- The PRESIDING OFFICER. The nized against common childhood dis- low through. question is on the engrossment and eases. Children who are not immunized I have said since the outset of this third reading of the bill. are more likely to contract prevent- debate that this issue is a complex The bill was ordered to be engrossed able diseases, which can cause long- problem and one which requires dedica- for a third reading, and was read the term harm. Children younger than tion and a spirit of cooperation. I felt third time. that we needed to examine this and three make up 27 percent of the one The PRESIDING OFFICER. The bill other acts of school violence and not million children who are determined to having been read the third time, the single-out one politically attractive in- be abused or neglected each year. Of question is, Shall the bill pass? the 1,200 children who died from abuse The yeas and nays have been ordered. terest as a cause. In doing what’s right and neglect in 1995, 85 percent were The clerk will call the roll. for our children and in doing what’s younger than five and 45 percent were The legislative clerk called the roll. right for the public at large, our per- younger than one. Mr. NICKLES. I announce that the sonal interests had to take a back seat. Unfortunately, our Government ex- Senator from Arizona (Mr. MCCAIN), is While I believe the cooperative spirit penditure patterns have been inverse to necessarily absent. was lacking on occasion, I believe that the most important early development Mr. REID. I announce that the Sen- the Senate has crafted a consensus period for human beings. Although we ator from South Carolina (Mr. HOL- product and one which I intend to sup- know that early investment can dra- LINGS), is necessarily absent. port.

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00093 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5726 CONGRESSIONAL RECORD — SENATE May 20, 1999 At the start of this debate, I along ate contains reforms like the juvenile people who get into trouble with the with several of my colleagues an- Brady provision—a measure which will law. Let’s not forget that about the nounced a comprehensive plan to re- prohibit firearms possession by violent kids who fly straight. As we wrap up spond to the problem of violent juve- juvenile offenders. We increase pen- consideration of this bill, let’s thank nile crime. Our Youth Violence Plan alties for transferring a gun to a minor the millions of young people across contains four main components: and other corrupting acts. this land that work hard, study long 1. Prevention and Enforcement As- Most importantly, we respond to the hours, respect and love their parents sistance to State and Local Govern- biggest of gun law loopholes—the Clin- and friends, and care for others around ment; ton Administration’s failure to enforce them. 2. Parental Empowerment and Stem- the gun laws already on the books. We Mr. President, I would like added as ming the Influence of Cultural Vio- insure that the Department of Justice cosponsors of this bill and have their lence; will fulfill its obligation to enforce the names appear as cosponsors imme- 3. Getting Tough on Violent Juve- law. Prosecuting violent gun offenders diately following my name: Senator niles and Those Who Commit Violent will be made a priority for this Admin- LEAHY, Senator SESSIONS, Senator Crimes with a Firearm; and istration whether they like it or not. BIDEN and Senator FEINSTEIN. I am 4. Providing for Safe and Secure IV. Safe and Secure Schools: The very proud to be able to be the prime Schools. fourth element of our plan revolves sponsor with these wonderful cospon- Each element of this plan—all of it— around the basic right that all students sors. is included in S. 254 as amended. share—the right to receive the quality Senator BIDEN was one of the first co- I. Prevention & Enforcement Assist- education they deserve. Our teachers sponsors on this bill. I am more than ance to State and Local Government: and students need to know that their pleased that my ranking member, Sen- The first tier of this plan involved pas- school is safe and that, should they ator LEAHY is a cosponsor and a prime sage of the underlying bill—S. 254, the take action to deal with a violent stu- cosponsor. Violent and Repeat Juvenile Offender dent, the teacher will be protected. Our S. 254 is a testament to those who and Accountability Act. We have pro- bill promotes safe and secure schools, worked on it and a product which, on vided a targeted infusion of funds to free of undue disruption and violence, the whole, will help our young people State and local authorities to combat so that our teachers can teach and our and do something significant about the juvenile crime. S. 254 provides over $1 children can learn. We provide greater problems of juvenile crime. billion a year to the States to fight ju- flexibility to local communities in how I want to thank a few of the people venile crime and prevent juvenile de- they use federal education funds. We who have worked on this bill. Let me linquency. We need to reach out to also provide teachers with limited civil first acknowledge the Majority Leader young children early in life, insure liability protection should they take who worked with me to keep this bill that parents are empowered to do what action to remove a problem child from alive. Given the demanding Senate they believe is best for their children, school. schedule, it would have been easier for and take meaningful steps to give local These are just some of the many, him to have refused to take up the bill education and enforcement officials many reforms contained in this bill. or pull it down. We have a bill passing the tools they need to hold violent ju- There has been a sense among many the Senate because he wanted to do veniles accountable. S. 254 accom- Americans that we are powerless to re- what’s right. plishes this goal. verse the trend of violence. People be- Let me also acknowledge Ranking II. Parental Empowerment and Stem- lieve we are powerless to deal with vio- Member, Senator LEAHY. He and I ming the Influence of Cultural Vio- lent juvenile crime and that we are reached agreement on this important lence: The second tier of our plan in- powerless to change our culture. It is bill after much discussion and he ably volved Congress taking steps to em- this feeling of powerlessness which managed the bill for his side of the power parents, educators and the en- threatened our collective ambition for aisle. tertainment industry to do more to meaningful, penetrating solutions in I also want to commend Senator SES- limit the exposure of America’s chil- the wake of the Littleton tragedy. I be- SIONS—the Chairman of the Youth Vio- dren to violence in our popular culture. lieve the Senate has taken a meaning- lence Subcommittee. S. 254 became the We offered several amendments to the ful step towards shedding this defeat- vehicle for quite of bit of politically underlying bill which furthered this leg ism. charged legislation but it was Senator of our plan and all of them passed the Do I agree with everything in this SESSIONS who stayed on me for more Senate. For example, this bill gives bill? No. For example, I oppose to the than two years and who never lost parents the power to screen undesir- gun show regulatory and taxing sight of the need to make the juvenile able material from entering their amendment. But addressing this gun justice reforms we make in the under- homes over the Internet. We have given show issue has been evolutionary. Both lying bill. the entertainment industry the tools it sides have moved on this and—per- Also, let me commend Senator BIDEN needs to develop and enforce pre-exist- haps—we can find common ground as who came on this bill as a cosponsor ing ratings systems so that children the bill moves through the House and when others were unwilling. A leader are not exposed to material that the conference. on crime control issues, he was instru- industry itself has deemed unsuitable Given the seriousness of our youth mental in setting a cooperative tone for children. And we have established a violence problem—and the number of which helped get this bill moving. National Commission on Youth Vio- warning signs that tragedies will con- Senator ALLARD, Senator CRAIG, Sen- lence. It is time for us to hold Holly- tinue unless all of us come together— ator BROWNBACK, and Senator wood—and the rest of the entertain- we must move forward. We should join ASHCROFT are to be commended for ment industry—a bit more account- together and pass this bill. their leadership and counsel. Senator able. Finally, in closing I want to end this FEINSTEIN should be applauded for her III. Getting Tough on Violent Juve- debate with a reminder. We have been cooperation. There are many others niles and Enforce Existing Law: A on this bill for two weeks talking but I will end it there. third tier of our plan insured that vio- about violent juvenile crime, about the At the staff level, I want to commend lent juveniles—teenagers who commit events in Littleton, about kids who use several people. violent crimes—will be held account- guns, and about kids influenced by vio- First, on the Judiciary Committee able. Part of the solution is to insure lence in the media. Unfortunately, all staff, let me acknowledge a few people that when a teenager brings a gun to of that is very true. who have worked very hard on this bill. school, he or she is held accountable by But let us not lose sight of the fact Committee Counsels Rhett Dehart and school authorities and the criminal that there are millions of kids in this Mike Kennedy are to be commended for justice system. We take care of this in country, hundreds of thousands in their lead work on this important bill. the bill. We also extend the Youth Utah, who are really good young peo- When others were skeptical about its Handgun Safety Act to semi-automatic ple. We give a lot of attention and this prospects they were there to make the assault rifles. The bill before the Sen- bill focuses even more of it on young substantive case for moving this bill.

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00094 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 20, 1999 CONGRESSIONAL RECORD — SENATE S5727 They worked very hard, for several many people on the floor, but this bill As a parent, I think back to the time years, to get this bill introduced, re- is so much more—ranging from ac- when my children were going to school. ported, and passed. This bill’s passage countability, calling on youth to be re- I thought what a happy and wonderful is a testament to their tireless efforts. sponsible for their actions, to preven- time in their life it was. I knew it was In addition, I want to acknowledge tion moneys. For the first time in one place where they were safe. We did and thank Kristi Lee, the Chief Coun- years, we have balanced prevention and not have to worry about anything more sel of the Youth Violence sub- accountability and law enforcement. than, did they study enough for their committee for her work. The law enforcement aspect will help geometry test or history test or did I also want to commend a few others bring the law down on violent juveniles they get their English assignment in on the Committee Staff: Sharon Prost, and others who aid them in commit- on time? The worst injury you might Anna Cabral, Ed Haden, Craig Wolf, ting these crimes. We have made real worry about was if somebody in the Catherine Campbell, David Muhl- inroads and we have taken a number of playground was to slip and fall and hausen, Leah Belaire, Makan very important steps with regard to bruise an arm or a leg. Delrahim, Jeanne Lopatto, Alison Vin- changing the culture of violence in our Parents should not have to worry son, Joelle Scott, Elle Parker, Krista society. That is important. Yes, we about their children going to school. Redd, and Luke Austin. They all faced some tough amendments on guns. But even today as we debated this—as worked around the clock on this bill. I don’t like all of the results on this we talked about Columbine, where the The amount of preparation that goes bill. But the fact of the matter is, they President and the First Lady were into these bills is significant and they were votes, they were voted up and traveling today—we saw, again, on the were given little time to prepare for down, the Senate has spoken, and we TV, pictures of another school shooting the floor. They are a great staff and I need to recognize that for what it is. by another juvenile in Georgia, leaving thank them for their efforts. Thanks as At this point I again express my ap- children injured and being flown to a well should be given to the Commit- preciation to my friend, Senator hospital. Every parent in this country tee’s Chief Counsel and Staff Director, LEAHY, for the patience he has had is reminded, again, that often today Manus Cooney. He is one of the first with me, the patience he has had on our children are not safe, even when we staff directors in the committee’s his- the floor, the assistance he has been. It send them off to a place where they tory. has been a real privilege to work for should be. That is not the way it On Senator LEAHY’s committee staff him. I respect and admire him and hope should be. I want to acknowledge the Minority to do a lot of constructive things with We have worked tirelessly on this Chief Counsel—Bruce Cohen for his co- him in the future. bill. I think it is a better bill than The PRESIDING OFFICER. The Sen- operative efforts and leadership. Beryl when it began. The intentions were al- ator from Vermont. Howell, Senator LEAHY’s General Coun- Mr. LEAHY. Mr. President, I thank ways the same: To make sure our juve- sel should also be commended for her the distinguished senior Senator from niles are safe, our people are safe, that substantive work on the underlying Utah for his kind remarks. We have we choose the right course for juveniles Hatch-Leahy substitute and managers’ worked very closely together on this. when they do commit crimes. The Senate has improved this bill. It package. Ed Barron is a true gen- We have seen a bill go through a major tleman and an able lawyer. evolution on the floor. Frankly, that is is more comprehensive and more re- Let me also acknowledge the Youth what the Senate should do in working spectful of the core protections in the Violence Subcommittee’s Minority its will through a bill. But I must say Federal juvenile legislation that served Chief Counsel, Sheryl Walter and Glen to my friend from Utah, I do not think us well in past decades. It is more re- Shor with the Criminal Justice that would have been possible if he and spectful of the primary role of the Overight Subcommittee. I had not been able to work together, if States in prosecuting these matters. Others I would be remiss in not men- we had not been in constant contact, We do recognize that no legislation is tioning include: day by day, hour by hour and, perhaps perfect, legislation alone is not enough Dave Hoppie, Robert Wilkie, and Jim to his regret at times, minute by to stop youth violence. Hecht of the Majority Leader’s staff; minute. I hope parents, teachers, and juve- Stewart Verdery and Eric Euland of I once said Senators are merely con- niles themselves will stop and say: Can the Whip’s office; stitutional impediments to their we not do better? Can we not have time Ken Foss, Candi Wolff, and Jade West staff—maybe I said it more than once. together? Can we not love our children of the Policy Committee; If we had not had superb staffs working as we should? Can we not love each Mike Bennett, Karen Knutson, Kris on this, I do not know what we could other as we should? Can we not look at Ardizzone, David Crane, and Paul have done. some of the principles I knew so well Clement. We had Senators who came together, when I was growing up, given to me by Let me acknowledge the hard work of even though they normally seem politi- my parents, principles I hope my wife Mary Kay MacMillan, Tony Coe, Bill cally far apart. The distinguished Sen- and I passed on to our children? Jensen, and Tim Trushel of the Senate ator from Alabama, Senator SESSIONS, Can we not go to those basic prin- Legislative Counsel’s office, who all an original cosponsor of this bill; the ciples and understand, even in a coun- put in extraordinary effort in preparing distinguished Senator from Delaware, try of a quarter of a billion people, that this bill and many amendments. Senator BIDEN; myself and Senator we do not need the violence we see in And finally, I would be remiss if I did HATCH—coming together, bringing so this country? not express thanks to our wonderful many other Senators together. It is not just a question of gun con- floor and cloakroom staff: Elizabeth One need only look at the major trol. It is not just a question of more Letchworth, Dave Schiappa, Tripp managers’ package we passed. I say to courts or more police. It is not just a Baird, Malloy McDaniel, Marshall my friend from Utah, I think when we question of more laws. But it is a ques- Hiton, Dan Dukes, Laura Martin, and introduced our managers’ amendment tion of, what do we want to be as a na- Myra Baron. These folks keep things that, as much as anything, broke the tion? We are blessed in this nation. We running during our hectic debates, and logjam and made passage of this bill are the most powerful, wealthiest na- we appreciate them. possible. We tried to accommodate tion history has ever known. We live I am very grateful to finally have many Senators on both sides of the better than anybody ever could have this ordeal over. It has been a very, aisle who had legitimate matter of con- imagined. We have so much going for very difficult bill, as all of these crime cern. In that process we came together us. Should not we stop and say, when it bills usually are. I think if anybody to shape a bill. The managers’ amend- comes to our children, the most pre- tries to make this just a gun bill, they ment agreement was more than just cious resource we have, that we must have missed the point of what we have saying what is good for one Senator or do all that we can to protect them and accomplished here. another Senator. This is a juvenile jus- nurture them and teach them to be re- Sure, there have been some amend- tice bill and the managers’ amendment sponsible? ments on guns that are very crucial helped shape the contours of that col- Since we began consideration of this and very important in the eyes of lective product. important legislation last week, we

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00095 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5728 CONGRESSIONAL RECORD — SENATE May 20, 1999 have gotten both good news and bad All of us—whether we are parents, would undermine a State’s tradition- news on the crime front. We got the grandparents, teachers, psychologists, ally prerogative to handle juvenile of- good news at the beginning of this or policy-makers—are puzzling over fenders. week when the FBI released the latest the causes of kids turning violent in The changes we make to the under- crime rate statistics showing a decline our country. The root causes are likely lying bill in the Hatch-Leahy Man- in serious crime for the seventh con- multi-faceted. We can all point to inad- agers’ amendment satisfy my concerns. secutive year. Preliminary reports in- equate parental involvement or super- For example, S. 254 as introduced dicate that the rate of serious violent vision, over-crowded classrooms and would repeal the very first section of and property crime in this country over-sized schools that add to students’ the Federal Criminal Code dealing with went down another 7 percent in 1998, alienation, the easy accessibility of ‘‘Correction of Youthful Offenders.’’ with robbery down 11 percent, murders guns, the violence depicted on tele- This is the section that establishes a down 8 percent, car thefts down 10 per- vision, in movies and video games, or clear presumption that the States—not cent, and declines in other crime cat- inappropriate content available on the the federal government—should handle egories as well. Internet. There is no single cause and most juvenile offenders [18 U.S.C. sec- But we are all acutely aware that we no single legislative solution that will tion 5001]. While the original S. 254 also got bad news today. Yet another cure the ill of youth violence in our would repeal that provision, the Man- school shooting by a juvenile—this schools or in our streets. Nevertheless, agers’ amendment retains it in slightly time in Georgia—with children injured this legislation is a firm and signifi- modified form. and being flown to hospitals. Every cant step in the right direction. In addition, the original S. 254 would parent in this country is reminded I have said before that a good pro- require Federal prosecutors to refer again that our children are not safe, posal that works should get the sup- most juvenile cases to the State in even when we send them off to a place port of all of us. Our first question cases of ‘‘concurrent jurisdiction . . . where they should be. The only thing should be whether a program or pro- over both the offense and the juvenile.’’ parents should have to worry about posal will help our children effectively, This language created a recipe for when they wave good-bye to their chil- not whether it is a Democratic or Re- sharp lawyering. Federal prosecutors dren in the morning is whether their publican proposal. The Managers’ could avoid referral by simply claiming child remembered his or her homework amendment and package of amend- there was no ‘‘concurrent’’ jurisdiction and lunch money. They should not ments that the Chairman and I were over the ‘‘offense’’ due to linguistic or have to worry about whether they will able to put together for adoption yes- other differences between the federal get shot. terday reflects that philosophy. It and state crimes. Even if the juvenile’s The growing list of schoolyard shoot- shows that when this body rolls up its conduct violated both Federal and ings by children in Arkansas, Wash- sleeves and gets to work, we can make State law, any difference in how those ington, Oregon, Tennessee, California, significant progress. I commend the criminal laws were written could be Pennsylvania, Kentucky, Mississippi, Chairman for his leadership in this ef- used to argue they were different of- last month in Littleton, Colorado, and fort and I am glad we were able to fenses altogether. This was a huge today in Georgia, is simply unaccept- work together constructively to im- loophole that could have allowed fed- able and intolerable. prove this bill. eral prosecutors to end-run the pre- Each one of us wants to do something This bill, S. 254, started out as a sumption of referral to the State. to stop this violence. We have before us much-improved bill from the one re- We fix this in the Managers’ Amend- a bill that reflects hard work and com- ported by the Judiciary Committee in ment, and clarify that whenever the mitted effort on both sides of the aisle the last Congress. In fact, as I looked federal government or the State have to address the juvenile crime problem. through this bill I was pleasantly sur- criminal laws that punish the same Senator HATCH and Senator SESSIONS prised to see that proposals that the conduct and both have jurisdiction have worked tirelessly for several Republicans on the Judiciary Com- over the juvenile, federal prosecutors years now to make a difference. While mittee specifically voted down in 1997 should refer the juvenile to the State we have strongly disagreed in the past were incorporated at the outset into in most instances. on the right approach to juvenile this bill. These are changes that I and Finally, I was concerned that, con- crime, I have always respected their other Democrats have been urging on trary to current law, a federal prosecu- good intentions. I am glad that this our Republican colleagues for the past tor’s decision to proceed against a ju- year we have continued the progress we few years, and that they have resisted venile in federal court would not be made in the last Congress to find com- until they quietly incorporated them subject to any judicial review. The mon ground on this important legisla- into this bill. Managers’ Amendment would permit tion. Federalism. For example, I tried in such judicial review, except in cases in- In light of the significant improve- July 1997 to amend S. 10 to protect the volving serious violent or serious drug ments we have been able to make to State’s traditional prerogative in han- offenses. the bill here on the Senate floor over dling juvenile offenders and avoid the Federal Trial of Juveniles as Adults. the last eight days, the bill is a better, unnecessary federalization of juvenile Another area of concern has been the stronger and better balanced bill. It is crime that so concerns the Chief Jus- ease with which S. 254 would allow fed- more comprehensive and more respect- tice and the Federal judiciary. Specifi- eral prosecutors to prosecute juveniles ful of the core protections in federal ju- cally, my 1997 amendment would have 14 years and older as adults for any fel- venile justice legislation that have limited the federal trial as an adult of ony. While I have long favored simpli- served us so well over the last three juveniles charged with nonviolent felo- fying and streamlining current federal decades. At the same time it is more nies to circumstances when the State procedures for trying juveniles, I be- respectful of the primary role of the is unwilling or unable to exercise juris- lieve that judicial review is an impor- states in prosecuting these matters. I diction. This amendment was defeated, tant check in the system, particularly greatly appreciate the Chairman of the with all the Republicans voting against when you are dealing with children. Judiciary Committee adding me as a it. This bill, S. 254, included a ‘‘reverse principal cosponsor of our bill. This bill, S. 254, contained a new pro- waiver’’ proposal allowing for judicial I recognize, as we all do, that no leg- vision designed to address these fed- review of most cases in which a juve- islation is perfect and that legislation eralism concerns that would direct fed- nile is charged as an adult in federal alone is not enough to stop youth vio- eral prosecutors to ‘‘exercise a pre- court. I had suggested a similar pro- lence. We can pass an assortment of sumption in favor of referral’’ of juve- posal in July 1997, when I tried to new laws and still turn on the news to nile cases to the appropriate State or amend S. 10 before the Judiciary Com- find out that some child somewhere in tribal authorities, where there is ‘‘con- mittee to permit limited judicial re- the country has turned violent and current jurisdiction,’’ unless the State view of a federal prosecutor’s decision turned on other children and teachers, declines jurisdiction and there is a sub- to try certain juveniles as adults. S. 10 with a gun or other weapon, with ter- stantial federal interest in the case. granted sole, non-reviewable authority rible results. Yet, concerns remained that this bill to federal prosecutors to try juveniles

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00096 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 20, 1999 CONGRESSIONAL RECORD — SENATE S5729 as adults for any federal felony, remov- show by clear and convincing evidence record-keeping mandates under the ac- ing federal judges from that decision that he or she is no longer a danger to countability grant program during the altogether. My 1997 amendment would the community. Expungement of mark-up of S. 10. My 1997 amendment have granted federal judges authority records from the FBI’s database does would have limited the record-keeping in appropriate cases to review a pros- not apply to juveniles convicted of requirements to crimes of violence or ecutor’s decision and to handle the ju- rape, murder or certain other serious felony acts committed by juveniles, venile case in a delinquency proceeding felonies. rather than to all juvenile offenses no rather than try the juvenile as an Increasing Witness Tampering Pen- matter how petty. But my amendment adult. alties. This bill, S. 254, also contains a was voted down on July 23, 1997, by the Only three States in the country provision to increase penalties for wit- Republicans on the Committee. Fi- granted prosecutors the extraordinary ness tampering that I first suggested nally, two years later, S. 254 reflects authority over juvenile cases that S. 10 and included in the ‘‘Youth Violence, the criticism I and others Democrats proposed, including Florida. Earlier Crime and Drug Abuse Control Act of on the Judiciary Committee leveled at this year, we saw the consequences of 1997,’’ S. 15, which was introduced in the strict eligibility and record-keep- that kind of authority, when a local the first weeks of the 105th Congress, ing requirements in S. 10. prosecutor in that State charged as an at the end of the last Congress in the Indeed, the Senate decisively re- adult a 15-year-old mildly retarded boy ‘‘Safe Schools, Safe Streets and Secure jected this approach when it defeated with no prior record who stole $2 from Borders Act of 1998,’’ S. 2484, and again an amendment by a Republican Sen- a school classmate to buy lunch. The in S. 9, the comprehensive package of ator that would have revived those local prosecutor charged him as an crime proposals introduced with Sen- straight-jacket eligibility require- adult and locked him up in an adult ator DASCHLE at the beginning of this ments. Specifically, his amendment jail for weeks before national press Congress. This provision would in- would have required States to try as coverage forced a review of the charg- crease the penalty for using or threat- adults juveniles 14 years or older who ing decision in the case. ening physical force against any person committed certain crimes. As I pointed This was not the kind of incident I with intent to tamper with a witness, out during floor debate on this amend- wanted happening on the federal level. victim or informant from a maximum ment, only two States would have Unfortunately, my proposal for a ‘‘re- of ten to twenty years’ imprisonment. qualified for grant funds unless they verse waiver’’ procedure providing judi- In addition, the provision adds a con- agreed to change their laws. cial review of a prosecutor’s decision spiracy penalty for obstruction of jus- Moreover, the current bill removes tice offenses involving witnesses, vic- was voted down in Committee, with no the record-keeping requirements alto- tims and informants. Republican on the Committee voting gether from the Juvenile Account- I have long been concerned about the ability Block Grant. Instead, S. 254 sets for it. undermining of our criminal justice I was pleased that S. 254 contained a up an entirely new Juvenile Criminal system by criminal efforts to threaten History Block Grant, funded at $75 mil- ‘‘reverse waiver’’ provision, despite the or harm witnesses, victims and inform- lion per year. To qualify for a criminal Committee’s rejection of this proposal ants, to stop them from cooperating history grant, States would have to two years ago. Though made belated, with and providing assistance to law promise within three years to keep fin- this was a welcome change in the bill. enforcement. I tried to include this The Managers’ amendment makes im- provision, along with several other law gerprint supported records of delin- portant improvements to that provi- enforcement initiatives, by amendment quency adjudications of juveniles who sion. to S. 10 during Committee mark-up on committed a felony act. No more pho- First, S. 254 gives a juvenile defend- July 11, 1997, but this amendment was tographs required. No more records of ant only 20 days to file a reverse waiver voted down by all the Republicans on mere arrests required. No more dis- motion after the date of the juvenile’s the Committee. At the end of the semination of petty juvenile offense first appearance. This time is too mark-up, however, this witness tam- records to schools required. Instead, short, and could lapse before the juve- pering provision was quietly accepted only juvenile delinquency adjudica- nile is indicted and is aware of the ac- to S. 10 and I am pleased that it is also tions for murder, armed robbery, rape tual charges. The Managers’ amend- included in S. 254. or sexual molestation must be dissemi- ment extends the time to make a re- Eligibility Requirements for Ac- nated in the same manner as adult verse waiver motion to 30 days, which countability Block Grant. This bill, S. records; other juvenile delinquency ad- begins at the time the juvenile defend- 254, substantially relaxes the eligibility judications records may only be used ant appears to answer an indictment. requirements for the new juvenile ac- for criminal justice purposes. These Second, S. 254 requires the juvenile countability block grant. By contrast, limitations are welcome changes to the defendant to show by ‘‘clear and con- S. 10 in the last Congress would have burdensome, over-broad record-keeping vincing’’ evidence that he or she should required States to comply with a host requirements in the prior version of be tried as a juvenile rather than an of new federal mandates to qualify for the Republican juvenile crime bill. adult. This is a very difficult standard the first cent of grant money, such as The eligibility requirements for the to meet, particularly under strict time permitting juveniles 14 years and older Juvenile Accountability Block Grant limits. Thus, the Managers’ amend- to be prosecuted as adults for violent now number only three, including that ment changes this standard to a ‘‘pre- felonies, establishing graduated sanc- the State have in place a policy of drug ponderance’’ of the evidence. tions for juvenile offenders, imple- testing for appropriate categories of ju- Juvenile Records. As initially intro- menting drug testing programs for ju- veniles upon arrest. duced, S. 254 would require juvenile veniles upon arrest, and nine new juve- Core Protections for Children. Much criminal records for any federal of- nile record-keeping requirements. of the debate over reforming our juve- fense, no matter how petty, to be sent These record-keeping mandates would nile justice system has focused on how to the FBI. This criminal record would have required, for example, that States we treat juvenile offenders who are haunt the juvenile as he grew into an fingerprint and photograph juveniles held in State custody. Republican ef- adult, with no possibility of arrested for any felony act and send forts to roll back protections for chil- expungement from the FBI’s database. those records to the FBI, plus make all dren in custody failed in the last Con- The Managers’ amendment makes juvenile delinquency records available gress. These protections were origi- important changes to this record re- to law enforcement agencies and to nally put in place when Congress en- quirement. The juvenile records sent to schools, including colleges and univer- acted the Juvenile Justice and Delin- the FBI will be limited to acts that sities. We could find no State that quency Prevention Act of 1974 to create would be felonies if committed by an would have qualified for this grant a formula grant program for States to adult. In addition, under the Managers’ money without agreeing to change improve their juvenile justice systems. amendment, a juvenile would be able their laws in some fashion to satisfy This Act addressed the horrific condi- after 5 years to petition the court to the twelve new mandates. tions in which children were being de- have the criminal record removed from In 1997, I tried to get the Judiciary tained by State authorities in close the FBI database, if the juvenile can Committee to relax the new juvenile proximity to adult inmates—conditions

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00097 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5730 CONGRESSIONAL RECORD — SENATE May 20, 1999 that too often resulted in tragic as- appropriate juvenile facilities are too The Managers’ amendment fixes that saults, rapes and suicides of children. far away to make the court appearance by authorizing $50 million per year in As the JJDPA has evolved, four core or travel is unsafe to undertake. grants to State juvenile court systems protections have been adopted—and are The Hatch-Leahy managers’ amend- to be used for increased resources to working—to protect children from ment also significantly improves the State juvenile court judges, juvenile adult inmates and to ensure develop- sight and sound separation require- prosecutors, juvenile public defenders, ment of alternative placements to ment for juvenile offenders in both and other juvenile court system per- adult jails. These four core protections Federal and State custody. The amend- sonnel. for juvenile delinquents are: ment incorporates the guidance in cur- Sense of Senate. I mentioned before Separation of juvenile offenders from rent regulations for keeping juveniles that S. 254 includes a Sense of the Sen- adult inmates in custody (known as separated from adult prisoners. Specifi- ate resolution urging States to try ju- sight and sound separation); cally, the Managers’ amendment would veniles 10 to 14 years old as adults for Removal of juveniles from adult jails require separation of juveniles and crimes, such as murder, that would or lockups, with a 24-hour exception in adult inmates and excuse only ‘‘brief carry the death penalty if committed rural areas and other exceptions for and inadvertent or accidental’’ prox- by an adult—the resolution does not travel and weather related conditions; imity in non-residential areas, which urge the death penalty for such chil- Deinstitutionalizaton of status of- may include dining, recreational, edu- dren. While Vermont is probably one of fenders; and to study and direct pre- cational, vocational, health care, entry the few States that expressly allows for vention efforts toward reducing the areas, and passageways. the trial of juveniles 10 years and older disproportionate confinement of mi- I am pleased we were able to make as adults for certain crimes, I do not nority youth in the juvenile justice this progress. I appreciate that a num- believe that this is a matter on which system. ber of Members remain seriously con- the Senate must or should opine. The Over strong objection by most of the cerned, as do I, about how S. 254 Managers’ amendment correctly de- Democrats on the Judiciary Committee changes the disproportionate minority letes that Sense of the Senate from the in the last Congress, S. 10 eliminated confinement protection in current law. bill. three of the four core protections and This bill, S. 254, removes any reference State Advisory Groups. S. 254 incor- substantially weakened the ‘‘sight and to minorities and requires only that ef- porates changes I recommended to S. 10 sound’’ separation standard for juve- forts be made to reduce over-represen- in the last Congress to ensure the con- niles in State custody. At the same tation of any segment of the popu- tinued existence and role of State Ad- time the Committee appeared to ac- lation. I am disappointed that Senators visory Groups, or SAGs, in the develop- knowledge the wisdom and necessity of WELLSTONE and KENNEDY’s amendment ment of State plans for addressing ju- such requirements when it adopted an to restore this protection did not suc- venile crime and delinquency, and the amendment requiring separation of ju- ceed yesterday, but will continue to use of grant funds under the JJDPA. As veniles and adult inmates in Federal fight in conference to restore this pro- originally introduced, S. 10 had abol- custody. tection. ished the role of SAGs. The Judiciary This bill, S. 254, as introduced was an Prevention. S. 254 includes a $200 mil- Committee in 1997 adopted my amend- improvement over S. 10 in its retention lion per year Juvenile Delinquency ment to preserve SAGs and require rep- of modified versions of three out of the Prevention Challenge Grant to fund resentation from a broad range of juve- four core protections. Specifically, S. both primary prevention and interven- nile justice experts from both the pub- 254 included the sight and sound stand- tion uses after juveniles have had con- lic and private sectors. ard for juveniles in Federal custody re- tact with the juvenile justice system. I While, as introduced, S. 254 preserved flected in a 1997 amendment to S. 10. and a number of other members were SAGs, it eliminated the requirement in The same standard is used to apply to concerned that in the competition for current law that gives SAGs the oppor- juveniles delinquents in State custody. grant dollars, the primary prevention tunity to review and comment on a Legitimate concerns were raised that uses would lose out to intervention grant award to allow these experts to the prohibition on physical contact in uses in crucial decisions on how this provide input on how best to spend the S. 254 would still allow supervised prox- grant money would be spent. With the money. In addition, while the bill au- imity between juveniles and adult in- help of Senator KOHL, we have included thorizes the use of grant funds to sup- mates that is ‘‘brief and incidental or in the Hatch-Leahy Managers’ amend- port the SAG, the bill does require accidental,’’ since this could be inter- ment a clear earmark that eighty per- States to commit any funds to ensure preted to allow routine and regular— cent of the money, or $160 million per these groups can function effectively. I though brief—exposure of children to year if the program is fully funded, is am pleased that the Chairman and I adult inmates. For example, guards to be used for primary prevention uses were able to accept an amendment could routinely escort children past and the other twenty percent is to be sponsored by Senators KERREY, ROB- open adult cells multiple times a day used for intervention uses. Together ERTS, and others, to ensure appropriate on their way to a dining area. with the 25 percent earmark, or about funding of SAGs at the State level and The Hatch-Leahy managers’ Amend- $112 million per year if that program is to support their annual meetings. ment makes significant progress on the fully funded, for primary prevention in Protecting Children From Guns. Sig- ‘‘sight and sound separation’’ protec- the Juvenile Accountability Block nificantly, we have amended this bill tion and the ‘‘jail removal’’ protection. Grant that was passed by the Senate in with important gun control measures Specifically, our Managers’ amend- the Hatch-Biden-Sessions amendment, that we all hope will help make this ment makes clear that when parents in this bill now reflects a substantial country safer for our children. The bill rural areas give their consent to have amount of solid funding for primary as now been amended: bans the transfer their children detained in adult jails prevention uses. to and possession by juveniles of as- after an arrest, the parents may revoke Prosecutors’ Grants. I expressed sault weapons and high capacity am- their consent at any time. In addition, some concern when the Senate passed munition clips; increases criminal pen- the judge who approves the juvenile’s the Hatch-Biden-Sessions amendment alties for transfers of handguns, as- detention must determine it is in the authorizing $50 million per year for sault weapons, and high capacity am- best interests of the juvenile, and may prosecutors and different kinds of as- munition clips to juveniles; bans pro- review that detention—as the judge sistance to prosecutors to speed up spective gun sales to juveniles with must periodically—in the presence of prosecution of juvenile offenders. I violent crime records; expands the the juvenile. pointed out that this amendment did youth crime gun interdiction initiative The managers’ amendment also clari- not authorize any additional money for to up to 250 cities by 2003 for tracing of fies that juvenile offenders in rural judges, public defenders, counselors, or guns used in youth crime; and in- areas may be detained in an adult jail corrections officers. The consequence creases federal resources dedicated to for up to 48 hours while awaiting a would be to only exacerbate the back- enforcement of firearms laws by $50 court appearance, but only when no al- log in juvenile justice systems rather million a year. These common-sense ternative facilities are available and than helping it. initiatives were first included in the

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00098 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 20, 1999 CONGRESSIONAL RECORD — SENATE S5731 comprehensive Leahy law enforcement congratulate the distinguished chair- I believe we need to focus on pros- amendment that was tabled by the ma- man and thank him for his help. ecuting criminals who use guns. It al- jority, but were later included in suc- Mr. HATCH. I likewise congratulate ways galled me as a former Federal cessful amendments sponsored by Re- the ranking member. prosecutor myself that here this ad- publican Senators. No matter how Mr. President, I ask 5 minutes be ac- ministration blamed the Congress for these provisions were finally included corded to the subcommittee chairman not passing more laws when their own in the bill, they will help keep guns out of the Judiciary Committee who did Department of Justice had allowed of hands of children and criminals, more than any other single person to prosecutions of gun cases to drop 40 while protecting the rights of law abid- bring the good parts of this bill to the percent. You wonder why we are pass- ing adults to use firearms. floor. He deserves a lot of recognition. ing laws if they are not using them. In addition, through the efforts of This is his first term in the Senate. To Those were some of the matters that Senators LAUTENBERG, SCHUMER, have such a significant role on a bill of came up. My vision for this bill from KERREY and others, we were able to re- this magnitude I think is a great star the beginning was to create a Federal quire background checks for all fire- in Senator SESSIONS’ crown. I certainly program to assist the local juvenile arm purchases at all gun shows. After recognize that and tell him what a justice systems in America. We put three Republican amendments failed to pleasure it has been to work with him money where these judges and prosecu- close the gun show loophole in the and with his staff in doing this. tors and probation officers are over- Brady law, and, in fact, created many Let me just add one last thing. The whelmed by the huge crush of juvenile new loopholes in the law, we finally Senator is right, the Senator from cases. We have increased funding dra- prevailed. With the help of Vice Presi- Vermont. We are here trying to save matically for adult programs for dent GORE’s tie-breaking vote, a major- our children. We are here trying to crimefighting but we have not done the ity in the U.S. Senate stood up to the make this a better world for them. We same for juveniles. Those juveniles, gun lobby and did the right thing. This are here trying to make it clear to peo- then, come on and become adult crimi- is real progress. Conclusion. ple in this country there is such a I said at the outset of the debate on nals. thing as discipline and we have to I hope everybody in America who this bill that I would like nothing bet- abide by certain rules in society. This ter than to pass responsible and effec- cares about what is happening will ask tive juvenile justice legislation. I want bill will help a lot of young kids out how their juvenile court system is to pass juvenile justice legislation that there to realize there are rules and doing. Does the judge in their town will be helpful to the youngest citizens they are worthy rules; if they will have an option when a child is arrested in this country—not harm them. I want abide by them, we will continue to to send them to prison, detention, boot to pass juvenile justice legislation that have a great society for the next 200- camp, alternative schools, drug treat- assists States and local governments in plus years. To the extent this bill has ment, mental health, family coun- handling juvenile offenders—not im- come through, as extensive and good as seling? Can the judge impose that? Can pose a ‘‘one-size-fits-all’’ Washington it is, we owe a lot to the Senator from he impose a probation order and then solution on them. I want to prevent ju- Georgia. have the resources to make sure that veniles from committing crimes, and I want to end this debate with a re- youngster is at home at night at 7 like not just narrowly focus on punishing minder. We have been on this bill for 2 he ordered, or do we do like most children. I want to keep children who weeks talking about violent juvenile courts in America, because they do not may harm others away from guns. This crime, about the events in Littleton, have enough resources, so orders are bill would make important contribu- about kids who use guns and about kids written but nobody enforces them? tions in each of these areas, and I am influenced by violence in the media. If we love these children, if we care pleased to support its passage. Unfortunately for all of us, that is about these children, when they are ar- I thank the Republican manager of true. But let us not lose sight of the rested, we will drug test them, because this important measure for his work millions of kids in this country, hun- if they are using drugs, they are going and dedication to this effort. I com- dreds of thousands in Utah, who are to continue in the life of crime. Sixty- mend the Minority Leader and the Mi- really good young people. seven to 70 percent of the people in nority Whip for their assistance and at- We give a lot of attention, and the America who are arrested for a felony tention to this debate. There would not bill focuses even more, on young people test positive for an illegal drug. It is an be a juvenile justice bill without them. who get into trouble with the law. Let accelerant to crime. This legislation I thank Senator KENNEDY, Senator us not forget that about the kids who does that kind of thing. SCHUMER, Senator KOHL and all the fly straight. As we wrap up consider- It provides money for drug testing. It Democratic Members of the Judiciary ation of this bill, let’s thank the mil- provides money for recordkeeping. We Committee for helping manage this ef- lions of young people across this land hope every juvenile court system in fort. Senators BINGAMAN, ROBB, BOXER, who work hard, study long hours, re- America will input criminal history WELLSTONE and LAUTENBERG should spect and love their parents and records into the Federal NCIC, Na- also be singled out for their consistent friends, and care for others around tional Crime Information Center, that efforts to improve this bill. And I them. There are millions and millions the FBI manages. They want these would like to thank the staff of the of good kids in this country. What we records because these children move Senate Judiciary Committee, Repub- are trying to make sure is the kids who around and some of them are very vio- lican and Democrat, including Manus were led astray, the kids who we think lent. Those records need to be main- Cooney, Sharon Prost, Rhett DeHart, may not be so good, they are going to tained. This bill provides for that. Michael Kennedy and Anna Cabral get a break—or at least they are going It provides for research on which pro- from Chairman HATCH’s staff and Bruce to understand what the law is with re- grams are working. Many of them are Cohen, Beryl Howell, Ed Pagano, Ed gard to violence. This bill, I think, will not successful, according to the De- Barron, J.P. Dowd, Julie Katzman and go a long way to solving these prob- partment of Justice, and we need to Michael Carrasco from my own. In ad- lems. make sure these prevention programs dition Michael Myers, Stephaine Rob- I yield the floor. are working well. It provides for re- inson, Melody Barnes and Angela Wil- The PRESIDING OFFICER. The Sen- search for that. liams from Senator KENNEDY’s staff ator from Alabama. I am of a belief that this legislation— and Sheryl Walter, Jon Leibowitz, Mr. SESSIONS. Mr. President, I and it can use some work in con- Brian Lee, Neil Quinter, David thank the Senator from Utah, who is a ference, and I know Senator HATCH and Hantman, Bob Schiff, Jennifer Leach master legislator, who took this bill others will try to improve it—can help and Glen Shor, Sander Lurie and Tony through storms none of us expected us create a better juvenile justice sys- Orza were exceptional in staffing these would occur. This was an emotional tem so we can intervene effectively at matters. I thank them all for their time in America. It has generated an the first arrest. We can make that dedication and public service. awful lot of amendments and ideas, youngster’s first brush with the law I thank Senators on both side of the some of which are good and some of their last because we deal with them aisle who worked with us, but I want to which I frankly think are not healthy. seriously and not as a revolving door.

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00099 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5732 CONGRESSIONAL RECORD — SENATE May 20, 1999 Sometimes we have to use some form ator Ford during the last Congress, NATIONAL MARITIME DAY of detention because some of these kids adopts a distinct flood vehicle category Mr. LOTT. Mr. President, I would just will not mind otherwise. We know and improves upon the definition ini- like to take a moment to recognize that. They have multiple arrests. tially proposed by the task force. that today is National Maritime Day, I believe we have made some Mr. President, I am sure my col- when the Nation pays tribute to the progress. I am honored to have worked leagues are aware that the State of Illi- American Merchant Mariners who have with Senator LEAHY, Senator BIDEN, nois, which initially adopted the task given their lives in the service of their and certainly Senator HATCH, the force’s recommended flood definition, country. Throughout the history of the chairman of our committee. He is an subsequently revised it based on anti- United States, our U.S.-flag Merchant outstanding legislator, a man of integ- consumer results. Illinois found that Marine has always been there, pro- rity and principle, and an outstanding branding ‘‘any vehicle that has been viding the support that time and again constitutional lawyer who cares about submerged in water to the point that has proven to be essential to victory. It his country and serves it well every rising water has reached over the door is with the most profound gratitude for day. sill or has entered the passenger or the service and sacrifice of America’s I yield the floor. truck compartment’’ caused too many Merchant Marine veterans that we re- f vehicles to be unnecessarily branded as flect upon the importance of our U.S.- MORNING BUSINESS ‘‘flood’’ vehicles. Vehicles that were flag fleet on this day. significantly devalued and lost their On April 29, 1999, I was privileged to Mr. HATCH. Mr. President, I ask manufacturers warranty when the only be given a very special momento by a unanimous consent that the Senate damage the vehicle suffered was wet group of Merchant Marine Veterans of now proceed to a period for morning carpets or wet floor mats. World War II. It was a patch, of the business, with Senators permitted to S.655 is a good example of the need to kind worn by Merchant Mariners dur- speak for up to 10 minutes each. balance competing consumer interests ing World War II, and it was designed The PRESIDING OFFICER. Without when establishing uniform titling defi- in 1944 by Walt Disney Studios. Walt objection, it is so ordered. nitions. Instead of unnecessarily and Disney’s people created a mascot for f inappropriately branding vehicles with the Merchant Marine, called ‘‘Battlin’ BUYING FLOOD DAMAGED mere cosmetic damage, this legislation Pete,’’ and the patch shows Pete VEHICLES rightly brands as ‘‘flood’’ those vehi- knocking out an Axis torpedo. The presentation was made to ex- cles which sustain water damage that Mr. LOTT. Mr. President, consumers, press the veterans’ gratitude for a very impairs a car or truck’s electrical, me- motor vehicle administrators, law en- important piece of legislation that the chanical, or computerized functions. It forcement, and the automotive and in- Senate passed last year. Last year’s surance industries anxiously await also requires the ‘‘flood’’ designation veterans’ benefits bill ensures that Congressional action on appropriate for vehicles acquired by an insurer as those American Merchant Marine vet- and workable title branding legisla- part of a water damage settlement. erans who served our country in World tion. Legislation that provides used car This measure also includes an inde- War II between August 16, 1945—the purchasers with much needed pre-pur- pendent flood inspection as rec- day that hostilities were officially de- chase disclosure information for se- ommended by a working group of the clared at an end by President Tru- verely damaged vehicles. National Association of Attorney’s man—and December 31, 1946—the cut- As a result of varying state ap- General. off day for World War II service for all proaches, consumers are not always ad- Mr. President, I ask my collegues to other service branches—receive honor- vised of a vehicle’s damage history. heed the call of used-car buyers and able discharges for their service and The National Salvage Motor Vehicle provide them with a reasonable and are eligible for veterans’ burial and Consumer Protection Act, S. 655, that I workable title branding measure. One cemetery benefits. This is the least we introduced back in March, would help that includes all of the minimal defini- can do for these deserving veterans. I correct this problem. It provides grant tions needed to protect them from title was privileged to introduce legislation funds to states to encourage their fraud and automobile theft. during the 105th Congress seeking that adoption of uniform terms and proce- change, and it was later incorporated dures for salvage and other severely f into the veterans’ benefits bill. damaged vehicles. While a mandatory The overwhelming majority of World federal scheme was suggested during THE VERY BAD DEBT BOXSCORE War II Merchant Mariners were pre- the last Congress, there were serious viously awarded veterans status. Now, Constitutional concerns and the real Mr. HELMS. Mr. President, at the those who served in harm’s way potential that Congress would create close of business yesterday, Wednes- through the war’s final days are also an expensive unfunded mandate on day, May 19, 1999, the federal debt being recognized. Although Japan offi- states. The approach taken in S.655 stood at $5,593,797,968,334.37 (Five tril- cially surrendered in August of 1945, overcomes these problems and provides lion, five hundred ninety-three billion, harbors in Japan, Germany, Italy, states with offsetting funding. seven hundred ninety-seven million, France—indeed, across the world—still Mr. President, it is clear that any nine hundred sixty-eight thousand, were mined. Twenty-two U.S.-govern- title branding legislation Congress three hundred thirty-four dollars and ment-owned vessels, carrying military adopts must contain a rational defini- thirty-seven cents). cargoes, were damaged or sunk by tion for vehicles that sustain signifi- Five years ago, May 19, 1994, the fed- mines after V-J Day. At least four U.S. cant water damage. eral debt stood at $4,588,987,000,000 Merchant Mariners were killed and 28 The Congressionally chartered Motor (Four trillion, five hundred eighty- injured aboard these vessels. Even as Vehicle Titling, Registration and Sal- eight billion, nine hundred eighty- Americans at home were celebrating vage Advisory Committee, whose rec- seven million). victory, American Merchant Mariners ommendations for curtailing title Ten years ago, May 19, 1989, the fed- carried on as they have always done— fraud and automobile theft spurred my eral debt stood at $2,780,326,000,000 (Two bravely serving their country with sponsorship of S.655, came to the rea- trillion, seven hundred eighty billion, pride and professionalism. soned conclusion that water damage three hundred twenty-six million) I am proud that, at that April cere- was so potentially insidious in nature which reflects a doubling of the debt— mony, the first honorable discharges that a separate and distinct consumer an increase of almost $3 trillion— for this previously forgotten group disclosure category needed to be cre- $2,813,471,968,334.37 (Two trillion, eight went to two Merchant Marine veterans ated. One that distinguished flood vehi- hundred thirteen billion, four hundred from my home state of Mississippi: Mr. cles from salvage and nonrepairable ve- seventy-one million, nine hundred Robert Hoomes and Mr. Louis Breaux. hicles. sixty-eight thousand, three hundred Also, I was pleased that Mr. Joseph S. 655, which is similar to the bipar- thirty-four dollars and thirty-seven Katusa, National Chairman, Merchant tisan measure I coauthored with Sen- cents) during the past 10 years. Marine Fairness Committee, received

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00100 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 20, 1999 CONGRESSIONAL RECORD — SENATE S5733 his honorable discharge. The ceremony school property in a way that makes tion as well as research into children’s was attended by my good friend and them most comfortable. mental health and the social fabric in colleague, Congressman BOB STUMP, On vote No. 122, an amendment num- which they grow and develop.’’ And Chairman, House Veterans’ Affairs bered 352 to S. 254 offered by Senators that is precisely what we have been Committee; Mr. Rudy de Leon, Under KOHL and HATCH regarding mandatory talking about during our debate on S. Secretary of Defense for Personnel and safety locks on guns, I would have 254. Readiness; Admiral Jim Loy, Com- voted ‘‘AYE.’’ This amendment was an The PHPAB report goes on to define mandant, U.S. Coast Guard; and Mr. example of the importance of bipar- the contributing risk factors associ- George Searle, National President, tisan compromise. The Kohl-Hatch ated with mortality in children. Homi- American Merchant Marine Veterans. I amendment requires all handguns sold cide and suicide, as the major killers of would like to thank them for partici- or transferred by a licensed dealer to our children, are most closely associ- pating in the ceremony and acknowl- be sold with a locking device. In addi- ated with firearms, drug and alcohol edging the service of Mr. Breaux, Mr. tion, this amendment provides impor- use, and motor vehicles. These signifi- Hoomes, and Mr. Katusa, and the role tant liability protections for gun own- cant increases in both morbidity and that these, and all, Merchant Marine ers who use these safety devices. mortality among our youth must be veterans played in preserving freedom. On vote No. 13, an amendment num- addressed and demand aggressive pre- As we mark National Maritime Day, bered 353 to S. 254 offered by Senators ventive action on our part. it is important to note that our coun- HATCH and FEINSTEIN I would have I commend ‘‘Health and the Amer- try’s Merchant Mariners continue to voted ‘‘AYE.’’ This important amend- ican Child’’ to my colleagues and would stand ready to serve. In fact, the lead- ment increased penalties for partici- be glad to make it available to any ers of the major maritime labor pating in a crime as a gang member; Senators who care to have the benefit unions—the Marine Engineers’ Bene- makes it illegal to travel or use the of its considerable findings. ‘‘Health ficial Association; the International mail for gang business; makes it illegal and the American Child’’ is really a Organization of Masters, Mates and Pi- to transfer firearms to children to com- call to action. It shows so dramatically lots; the National Maritime Union of mit a crime; makes it illegal to clone why this bill we are debating today is America; the American Maritime Offi- pagers; prohibits the distribution of important, and why we must set par- cers; and the Seafarers International certain information relating to explo- tisan rhetoric aside to get this legisla- Union of North America—recently ex- sives or destructive devices; makes it tion passed and enacted. pressed their readiness to support illegal to wear body armor in the com- f America’s military effort in the Bal- mission of a crime and donates surplus NATIONAL MISSILE DEFENSE ACT kans. Recent reports that Greek sea- body armor to local Law enforcement Mr. COCHRAN. Mr. President, on men are refusing to support that effort agencies; and strengthens penalties for March 17, of this year the Senate is a reminder of why the United States Eco-terrorism. passed S. 257, the National Missile De- requires its own highly capable Mer- On vote No. 124, an amendment to S. fense Act of 1999, by a vote of 97–3. Sub- chant Marine. 254 offered by Senator BYRD I would sequently, the House adopted as H.R. 4 Mr. President, I will treasure that have voted ‘‘AYE.’’ This amendment a different version of the legislation, patch of ‘‘Battlin’ Pete’’ from the Mer- allows states to enforce their own alco- and today the House has agreed to the chant Marine Veterans of World War II. holic beverage control laws by allowing substance of the Senate bill. No further It will always remind me of the impor- state prosecutors to bring an injunc- action is required on the bill, and it tance of National Maritime Day, and of tion in Federal Court if interstate ship- now goes to the President for his signa- the sacrifices that America’s Merchant pers violate State laws. ture. Mariner veterans have made in the f After many years of debate, Congress service of their country. For those who HEALTH AND THE AMERICAN has passed legislation stating the na- braved the Murmansk run; for those CHILD tional policy to be that the United who served through the conflicts in States will deploy a national missile Korea, Vietnam, and the Persian Gulf; Mr. HATCH. Mr. President, yesterday defense as soon as technologically pos- for those who today stand ready to sail I met with former Secretary of Health sible. into harm’s way with our Armed and Human Services Louis Sullivan, Section 2 of the bill notes that, like Forces; we salute you on this day. who now chairs the prestigious Public all discretionary programs, national f Health Policy Advisory Board missile defense is subject to the au- (PHPAB). Dr. Sullivan presented to me thorization and appropriation of funds. EXPRESSION ON VOTES their new report entitled ‘‘Health and Section 3 states that we support the Mr. BROWNBACK. Mr. President, I the American Child: A Focus on the continued reductions in Russian nu- regret that due to family business Mortality Among Children.’’ clear force levels. There is no linkage which took me out of the country, I I was immediately struck by the fact between Russian nuclear force levels, was unable to cast several recorded that the findings of the PHPAB report or any arms control agreement, and votes during yesterday’s session. While underscore both the need for the legis- the national missile defense deploy- my vote would not have altered the lation we are debating here today and ment policy of the bill. outcome of any of the motions, I would the tremendous importance we must I urge the President to sign this bill like to express how I would have voted place on prevention efforts so that we and put to rest the concerns of many had I been able: can reduce unnecessary deaths of our that our country would continue its On vote No. 120, a Cloture Motion re- Nation’s youth. vulnerability to ballistic missile at- garding the motion to proceed to con- According to ‘‘Health and the Amer- tack. With the signing of this bill, a sideration of S. 96, Y2K liability legis- ican Child,’’ in the past two decades, new era of commitment to missile de- lation. I would have voted ‘‘AYE.’’ It is two causes of child death have dra- fense will begin. high time we move to consideration of matically increased—homicide and sui- f this important legislation. The turn of cide, which account for 14% and 7% re- the millennium is fast approaching and spectively of all deaths for children TRADE we must work to protect our citizens under age 19. In teenage black males, Mr. THOMAS. Mr. President, I rise and businesses against harmful litiga- the levels are so striking that the re- today to address an issue of critical im- tion that benefits no one. port uses the term ‘‘epidemic’’ to de- portance to the domestic lamb indus- On vote No. 121, amendment num- scribe an eight-fold increase in homi- try and to producers in my home state bered 351 to S. 254 offered by Senator cide rates among African American of Wyoming. In September 1998, a coa- ALLARD regarding memorials in public youth, now their number one cause of lition of individuals from all segments schools, I would have voted ‘‘AYE.’’ death. of the U.S. lamb industry filed a Sec- This amendment will allow students ‘‘Homicide and suicide, the greatest tion 201 trade petition with the U.S. and faculty members to grieve for new risks to children’s health today, International Trade Commission under classmates and colleagues killed on require both heightened preventive ac- laws

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00101 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5734 CONGRESSIONAL RECORD — SENATE May 20, 1999 embedded in the Trade Act of 1974 and government, I’ve long believed Wash- that this is the fee-for-service Medicare every trade act this nation has agreed ington is too big, too clumsy and too program. to since that time. removed to deal effectively with many In 1994, Andrew Bernecker of Our domestic industry filed this of the issues in which it already med- Braham, Minnesota was mowing with a trade case in response to the surging, dles. However, I also believe there’s an power scythe and tractor when he fell. record-setting levels of imported lamb overriding public health interest in en- The rotating blades of the scythe se- meat from Australia and New Zealand. suring a viable and seamless EMS sys- verely cut his upper arm. Mr. These individuals, although rep- tem across the country. By designating Bernecker tried to walk toward his resenting different sectors of the U.S. this week as national EMS Week, our home but was too faint from the blood lamb industry, collectively signed onto nation recognizes those individuals loss, so he crawled the rest of the way. this legal battle because each entity who make the EMS system work. Afraid that his wife, who was 86 years has witnessed a drastic impact from There’s no more appropriate time to old at the time, would panic—or worse, lamb imports—imports that increased reaffirm our commitment to EMS by have a heart attack—he crawled to the nearly 50 percent between 1993 and 1997 addressing some of the problems the pump and washed as much blood and and continue at an aggressive rate still system is presented with daily. dirt off as he could. His wife saw him today. I’ve often said that Congress has a and immediately called 911 for an am- Under a Section 201 petition, the tendency to wait until there’s a crisis bulance. International Trade Commission is re- before it acts, but Congress cannot He was rushed to the hospital where quired to conduct an investigation to wait until there’s a crisis in the EMS Mr. Bernecker ultimately spent some confirm or dispel the claims asserted system before we take steps to improve time in the intensive care unit and had within the trade case. Twice the Com- it. There’s simply too much at stake. orthopedic surgery. A tragic story. missioners heard arguments from both Whether we realize it or not, we all In response to the bills submitted to the domestic industry and the import- depend on and expect the constant Medicare, the government sent this ers. Twice the Commissioners rejected readiness of emergency medical serv- reply with respect to the ambulance the importers arguments. In both in- ices. To ensure that readiness, we need billing: ‘‘Medicare Regulations Provide that certain conditions must be met in stances, the Commissioners voted to make efforts to secure the stability order for ambulance services to be cov- unanimously—during the injury phase of the system. This has been my focus ered. Medicare pays for ambulance in February and again in March, when in drafting the EMSEA. services only when the use of any other they recommended that the President The most important thing we can do method of transportation would endan- impose some form of trade relief. The to maintain the vitality of the EMS ger your health.’’ The government de- Commission’s report, and the indus- system is to compel the government to nied payment, claiming the ambulance try’s trade case, now await a final de- reimburse for the services it says it will pay for under Medicare. wasn’t medically necessary. termination by President Clinton. Apparently, Medicare believed the In the meetings I’ve had with ambu- According to the Commission’s re- man’s wife—who was, remember, 86 lance providers, emergency medical port, wholesale imported lamb cuts years old—should have been able to technicians, emergency physicians, consistently undercut the price of iden- drive him to the hospital for treat- nurses, and other EMS-related per- tical domestic cuts. Evidence of im- ment. Mr. and Mrs. Bernecker ap- sonnel, their most common request is porters underselling domestically pro- pealed, but were denied and began pay- to base reimbursement on a ‘‘prudent duced lamb was found in 79 percent of ing what they could afford each month layperson’’ standard, rather than the the product-to-product comparisons for the ambulance bill. with margins of 20 percent to 40 per- ultimate diagnosis reached in the After several years of paying $20 a cent. Other comparisons have found emergency room. month, the Berneckers finally paid off margin disparities reaching as high as While the Balanced Budget Act of the ambulance bill. Medicare later re- 70 percent. It is evident that our do- 1997 [BBA] contained a provision basing opened the case and reimbursed the mestic industry is suffering from the reimbursement for emergency room Berneckers, but unfortunately, Mr. flood of cheap, imported lamb that has services on the prudent layperson Bernecker is no longer with us. swamped the U.S. market and forced standard, I find it troubling HCFA re- I have a few more examples I’d like prices below break-even levels. fuses to include ambulance transpor- to share with my colleagues to assure Time is of the essence in this matter tation in its regulations as a service them this is not an isolated incident. as President Clinton has until June 4, covered by the patient protections en- In fact, I encourage all of my col- 1999, to render his decision on what acted as part of Medicare Plus Choice. leagues to meet and speak with their trade relief, if any, to implement. It is I also believe it is unacceptable that EMS providers to see first-hand how important to remember that under our beneficiaries participating in fee-for- the lack of consistent reimbursement own trade laws, the requirement of service are not granted the protections policy impacts their ability to provide demonstrating that imports are threat- afforded to those in Medicare Plus services. This one provision of the ening serious injury to the domestic in- Choice. Emergency Medical Services Efficiency dustry has been met. As a result, I urge There has been a great debate in the Act will bring fairness and clarity for the President to impose strong, effec- Senate for the last year regarding pro- both the beneficiary and the EMS pro- tive and temporary trade relief. More tections for consumers against HMOs. vider trying to help those in need. importantly, I urge the President to Many of my colleagues would be star- In Austin, Minnesota, a 66-year-old act on behalf of our producers by seri- tled to learn of the treatment many male was found in a shopping center ously considering the undisputed facts seniors have experienced at the hands parking lot slumped over the steering outlined in the Commission’s report. of their own government through the column of his car. The car was in drive, f Medicare fee-for-service program. The up against a light pole with the wheels federal government would do better to spinning and the tread burning off the EMERGENCY MEDICAL SERVICES lead by example rather than usurping tires. An Austin policeman at the scene EFFICIENCY ACT powers from state insurance commis- requested an ambulance and the driver Mr. GRAMS. Mr. President, I rise sioners by imposing federal mandates was transported to the emergency today on behalf of all those who serve on health insurance plans already gov- room. Ambulance transportation reim- their fellow citizens through their ac- erned by the states. bursement was denied based on the as- tive participation in the nation’s emer- To illustrate how prevalent the prob- sumption that the driver could have gency care system to make my re- lem of the federal government denying used other means to get to the emer- marks on the introduction of S. 9–1–1, needed care to Medicare beneficiaries gency room. Apparently, since he was the ‘‘Emergency Medical Services Act is, I want to share with you a case my already in the car, he was supposed to of 1999.’’ staff worked on relating to Medicare drive himself to the hospital despite Mr. President, as a Senator who is reimbursement for ambulance services. being unresponsive. deeply concerned about the every-ex- I mentioned this case last year, but it Another case in Minnesota involved a panding size and scope of the federal is worth repeating. Please keep in mind 74-year-old male who was complaining

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00102 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 20, 1999 CONGRESSIONAL RECORD — SENATE S5735 to his family about an upset stomach Let’s talk about how much it costs to Health Bureau issued a report, ‘‘Emer- when he collapsed. The frightened fam- run just one ambulance. There’s the gency Medical Services: Agenda for the ily began CPR and summoned an ambu- cost of the dispatcher who remains on Future.’’ The report outlined specific lance via 9–1–1. The city’s fire depart- the line to give pre-arrival assistance. ways EMS can be improved, and one of ment was the first on scene and applied The ambulance itself, which costs from the stated goals was the authorization an automatic external defibrillator, $85,000 to $100,000. The radios, beepers, of a ‘‘lead federal agency.’’ which advised against shock. Para- and cellular telephones used to com- After consultation with those in the medics arrived and continued CPR en municate between the dispatcher, am- EMS field throughout the country, I route to the emergency room. The pa- bulance, and hospital. The supplies and believe the most appropriate action is tient ultimately died of cardiac arrest. equipment in the ambulance, including to take our time and get it right by Again, Medicare fee-for-service denied everything from defibrillators to ban- conducting a study to determine which payment for the ambulance because it dages. The two Emergency Medical current or new office would best co- was deemed unnecessary. Technicians or Paramedics who both ordinate federal EMS efforts. Finally, Mr. President, a 74-year-old drive the ambulance and provide care Those are the major provisions of the female complained of flu-like symp- to the patient. The vehicle repair, legislation I introduce today. toms. Her family checked on her and maintenance, and insurance costs. The Mr. President, in 1995, there were ap- found she was acting confused and liability insurance for the paramedics. proximately 100 million visits to emer- strange. They summoned emergency And the list goes on. gency departments across this nation. medical services. Paramedics arrived Yes, the costs can be high, but it’s Roughly 20 percent of those visits to find the woman awake but confused clear to me that, with the uncertainty started with a call for an ambulance. as to time and events. They discovered ambulance providers face out in the Each one of those calls is important, she had a history of cardiac disease and field each day, they need to be prepared especially to those seeking assistance diabetes. The paramedics tested her for very type of injury or condition. and to the responding EMS personnel. blood-sugar level and found it below 40. Mr. President, that’s expensive. While EMS represents a small portion For those of you unfamiliar with diabe- I’m convinced those who complain of health care spending overall, it is tes, a blood sugar level below 70 is dan- about the high costs of emergency care critically important. It serves as the gerous and could lead to seizure. But would be the first to complain if the access point for the sickest among us once again, Medicare denied payment. ambulance that arrived to care for and it would be tragic for Congress to Mr. President, I have a stack of ac- them in an emergency didn’t have the deny its role in improving the system. tual run tickets from EMS providers in life-saving equipment needed for treat- Over the past several years, I’ve been Minnesota, with names and other iden- ment. privileged to get to know the men and tifiers deleted, all demonstrating what Let’s be honest with ourselves: we women who dedicate their talents to a problem this is for Medicare bene- want the quickest and best service serving others in an emergency. ficiaries and EMS providers. Again, I when we face an emergency—and that The nation owes a great deal to the urge all of my colleagues to meet with costs money. EMS personnel who have dedicated their EMS providers and ask how these Mr. President, many of our political themselves to their profession because denials affect them. debates in Washington center around they care about people and want to Title II of the Emergency Medical how to better prepare for the 21st cen- help those who are suffering. Nobody Services Efficiency Act creates a Fed- eral Commission on Emergency Med- tury. I’ve always supported research gets rich as a professional paramedic, ical Services which will make rec- and efforts to expand the limits of and there’s no monetary compensation ommendations and provide input on technology and continue to believe at all as a volunteer. The field of emer- how federal regulatory actions affect technological innovations and ad- gency medical services presents many all types of EMS providers. vances in biomedical and basic sci- challenges—but offers the reward of EMS needs a seat at the table when entific research hold tremendous prom- knowing you helped someone in need of health care and other regulatory policy ise. assistance. is made. Few things are more frus- Under the new EMSEA, federal grant Every year, the American Ambulance trating for ambulance services than programs will be clarified to ensure Association recognizes EMS personnel trying to navigate and comply with the EMS agencies are eligible for programs across the country for their contribu- tangled mess of laws and regulations that relate to highway safety, rural de- tions to the profession, and bestows from the federal level on down, only to velopment, and tele-health technology. upon them the Stars of Life Award. receive either a reimbursement that Emergency Medical Services have This year, 94 individuals have been doesn’t cover the costs of providing the come a long way since the first ambu- chosen by their peers to be honored for service or a flat denial of payment. lance services began in Cleveland and demonstrating exceptional kindness Mr. President, I came across this New York City during the 1860s. and selflessness in performing their du- chart two years ago which dem- Indeed, the scientific and techno- ties. onstrates how a Medicare claim moves logical advances have created a new Mr. President, Minnesota suffered a from submittal to payment, denial, or practice of medicine in two short dec- tremendous loss this year. On January write-off by the ambulance provider. ades, and have dramatically improved 14, while extricating a victim of an Look at this chart and tell me how a the prospects of surviving serious trau- automobile accident, two EMTs were rural ambulance provider who depends ma. There’s reason to believe further hit by a car. Brenda HagE, an EMT and on volunteers has the manpower or ex- advances will have equally meaningful Registered Nurse, was transported in pertise to navigate this mess. And, in results. traumatic arrest to a nearby hospital the event it is navigated successfully, Innovations like tele-health tech- where she was pronounced dead. Ms. ambulance services are regularly reim- nology may soon allow EMTs, nurses, HagE is survived by her husband Darby bursed at a level that doesn’t even and paramedics to perform more so- and two children. cover their costs. phisticated procedures under a physi- I ask that the Senate observe a mo- Mr. President, I have heard com- cian’s supervision via real-time, ambu- ment of silence for Ms. HagE and all plaints from many individuals about lance-mounted monitors and cameras EMS personnel who have died in the the cost of ambulance care. In fact, networked to emergency departments line of duty. some within this very body criticize in specific service areas. By not consid- Mr. President, I’ve talked with many ambulance providers for the high prices ering EMS agencies for federal grant professional EMTs, paramedics, and they charge for their services. While I dollars, we may cause significant emergency nurses, and most tell me do not doubt there are cases of abuse, I delays in the application of current they wouldn’t think of doing anything know for a fact an overwhelming ma- technologies. That would be a mistake. else for their chosen career. Similarly, jority of EMTs, Paramedics, Emer- In August of 1996, the National High- volunteer EMS personnel tell me of the gency Nurses and EMS providers are way Traffic and Safety Administration indescribable satisfaction they feel trying to provide the best possible care and the Health Resources and Services when they help those in their commu- for their patients at a reasonable price. Administration, Maternal and Child nity get the care they need.

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00103 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5736 CONGRESSIONAL RECORD — SENATE May 20, 1999 So, in honoring them during this Na- ham Regional Ambulance Inc., Joseph lands and acquired lands owned by the tional EMS Week, I can think of no Simone, Action Ambulance Service, Inc., Jo- United States, and to preserve State sov- better way to recognize their service anna Umenhoffer, Rockingham Regional ereignty and private property rights in non- than through legislation that will help Ambulance, Inc., and Roland Vaillancourt, Federal lands surrounding those public lands Rockingham Regional Ambulance, Inc.; and acquired lands. them help others. NJ—Laurie Rovan, Med Alert Ambulance H.R. 1553. An act to authorize appropria- I ask my colleagues to support them and Roberta Winters, Rural/Metro Corp.; tions for fiscal year 2000 and fiscal year 2001 by supporting S. 9–1–1, the ‘‘Emergency NM—LeeAnn J. Phillips, American Med- for the National Weather Service, Atmos- Medical Services Act.’’ ical Response; pheric Research, and National Environ- Mr. President, I ask unanimous con- NY—Susan Bull, Rural/Metro Medical mental Satellite, Data and Information sent that the names of the 1999 Amer- Services, Nicholas Cecci, Rural/Metro Med- Service activities of the National Oceanic ican Ambulance Association Stars of ical Services Southern Tier, Daniel Connors, and Atmospheric Administration, and for Life honorees be printed in the RECORD. Rural/Metro Medical Services, Scott Crewell, other purposes. There being no objection, the list was Rural/Metro Medical Services—Inter- H.R. 1654. An act to authorization appro- mountain, Frank D’Ambra, Rural/Metro priations for the National Aeronautics and ordered to be printed in the RECORD, as Corp., Doug Einsfeld, American Medical Re- Space Administration for fiscal years 2000, follows: sponse—Long Island, Kevin Jones, Rural/ 2001, and 2002, and for other purposes. 1999 STARS OF LIFE Metro Medical Services—Intermountain, The message also announced that the AZ—Theresa J. Pareja, Rural/Metro Fire Patty Palmeri, Rural/Metro Corp., Carl House agrees to the amendment of the Department; Sharak, Rural/Metro, Samuel Stetter, Rural/ AR—Rae Meyer, Rural/Metro Ambulance Metro Medical Services Southern Tier, and Senate of the bill (S. 4) to declare it to and John C. Warren, Columbia County Am- Jean Zambrano, Rural/Metro Medical Serv- be the policy of the United States to bulance Service; ices; deploy a national missile defense. CA—Marti Aho-Fazio, American Medical NC—Chris Murdock, Mecklenburg EMS ENROLLED BILL SIGNED. Response—Sonoma Division, Dean B. Ander- Agency, Corinne Rust, Mecklenburg EMS At 6:56 p.m., a message from the son, American Medical Response—Sonoma Agency, and John Sepski, Mecklenburg EMS House of Representatives, delivered by Division, Chris S. Babler, Rural/Metro Am- Agency; bulance, Carlos Flores, American Medical OH—Duane J. Wolf, Stofcheck Ambulance Mr. Hanrahan, one of its reading Response, May Anne Godfrey-Jones, Hall Service, Inc. and Eric Wrask, Rural/Metro; clerks, announced that the Speaker has Ambulance Service, Inc., Randy Kappe, OR—Larry B. Hornaday, Metro West Am- signed the following enrolled bill: American Medical Response, Frank bulance, Tony D. Mooney, Pacific West Am- H.R. 114. An act making supplemental ap- Minitello, American Medical Response, and bulance, and Mark C. Webster, American propriations for the fiscal year ending Sep- Penny Vest, Hall Ambulance Service, Inc.; Medical Response—Oregon; tember 30, 1999, and for other purposes. CO—Doug Jones, American Medical Re- PA—Jerry Munley, Rural/Metro Medical The enrolled bill was signed by the sponse; Services; CT—Todd Beaton, American Medical Re- SD—Travis H. Spier, Rural/Metro Medical President pro tempore (Mr. THUR- sponse, Michael Case, Hunter’s Ambulance Services—South Dakota; MOND). Service, and John M. Gopoian, Hunter’s Am- TN—Brian C. Qualls, Rural/Metro and Rod- f bulance Service; ney B. Ward, Rural/Metro—Memphis; FL—Clara DeSue, Rural/Metro Ambulance, TX—Robert Moya, American Medical Re- MEASURES REFERRED Leroy Funderburk, American Medical Re- sponse, Luis Salazar, Life Ambulance Serv- The following bills were read the first sponse—West Florida, Andrea Hays, Rural/ ice, and Mike Sebastian, Life Ambulance and second times by unanimous con- Metro Ambulance, and Keith A. Lund, Amer- Service; ican Medical Response; UT—Monica Masterson, Gold Cross Serv- sent and referred as indicated: GA—Deborah Lighton, American Medical ices and Robert Torgerson, Gold Cross Serv- H.R. 883. An act to preserve the sov- Response—Georgia and Kelly J. Potts, Mid ices; ereignty of the United States over public Georgia Ambulance Service; VT—John G. Potter, Regional Ambulance lands and acquired lands owned by the IL—Carolyn Gray, Consolidated Medical Service, Inc.; United States, and to preserve State sov- Transport, Inc., James Gray, Consolidated VA—Beverly Leigh, American Medical Re- ereignty and private property rights in non- Medical Transport, Inc. and Cristen Miller sponse—Richmond; Federal lands surrounding those public lands MEDIC EMS; WA—Jack N. Erickson, Olympic Ambu- and acquired lands; to the Committee on En- IA—Paul Andorf, MEDIC EMS, Dennis L. lance, Gary D. McVay, American Medical Re- ergy and Natural Resources. Cosby, Lee County EMS Ambulance, Inc., sponse—Washington, Aaron J. Schmidt, H.R. 1553. An act to authorize appropria- and Danny Eversmeyer, Henry County Olympic Ambulance Service, and Rand P. tions for fiscal year 2000 and fiscal year 2001 Health Center EMS; Whitney, Rural/Metro Ambulance. for the National Weather Service, Atmos- KS—Tom Collins, Metropolitan Ambulance pheric Research, and National Environ- Services Trust and Bill D. Witmer, American f mental Satellite, Data and Information Medical Response; MESSAGES FROM THE PRESIDENT Service activities of the National Oceanic LA—Pattie Desoto, Med Express Ambu- and Atmospheric Administration, and for lance Service, Inc., Michael Noel, Priority Messages from the President of the other purposes; to the Committee on Com- Mobile Health, John Richard, Med Express United States were communicated to merce, Science, and Transportation. Ambulance Service, Inc., Scott Saunier, Aca- the Senate by Mr. Thomas, one of his f dian Ambulance & Air Med Services, and secretaries. Pete Thomas, Priority Mobile Health; EXECUTIVE AND OTHER EXECUTIVE MESSAGES REFERRED MD—Lily Puletti, Rural/Metro Ambulance COMMUNICATIONS and Michael Zeiler, Rural/Metro Ambulance; As in executive session the Presiding MA—Daniel Doucette, Lyons Ambulance Officer laid before the Senate messages The following communications were Service, Leonard Gallego, American Medical from the President of the United laid before the Senate, together with Response, Mark Lennon, Action Ambulance States submitting sundry nominations accompanying papers, reports, and doc- Service, Inc. and Edward McLaughlin, Lyons uments, which were referred as indi- Ambulance Service; which were referred to the appropriate MI—Steve Champagne, Huron Valley Am- committees. cated: bulance, Edgar ‘‘Butch’’ R. Dusette Jr., (The nominations received today are EC–3118. A communication from the Chair- Medstar Ambulance, Mary Elsen, Medstar printed at the end of the Senate pro- man and Chief Executive Officer, Farm Cred- Ambulance, Steven J. Frisbie, LifeCare Am- ceedings.) it Administration, transmitting, pursuant to bulance Service, Richard Landis, American law, the semiannual report for the period Oc- Medical Response, Tony L. Sorensen, LIFE f tober 1, 1999 through March 31, 1999; to the Committee on Governmental Affairs. EMS, and Norma Weaver, Huron Valley Am- MESSAGES FROM THE HOUSE bulance; EC–3119. A communication from the Chair- MN—Barbara Erickson, Life Link III and At 6:09 p.m., a message from the man of the Council of the District of Colum- Jesse Simkins, Gold Cross Ambulance; House of Representatives, delivered by bia, transmitting, pursuant to law, a report MS—Carlos J. Redmon, American Medical Mr. Hanrahan, one of its reading on D.C. Act 13–58, ‘‘Insurance Response (South Mississippi); clerks, announced that the House has Demutualization Amendment Act of 1999,’’ MO—Michelle D. Endicott, Newton County adopted by the Council on April 13, 1999; to Ambulance District and Lynette Lindholm, passed the following bills, in which it the Committee on Governmental Affairs. Metropolitan Ambulance Services Trust; requests the concurrence of the Senate: EC–3120. A communication from the Chair- NH—David Deacon, Rockingham Regional H.R. 883. An act to preserve the sov- man of the Council of the District of Colum- Ambulance, Inc., Jason Preston, Rocking- ereignty of the United States over public bia, transmitting, pursuant to law, a report

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00104 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 20, 1999 CONGRESSIONAL RECORD — SENATE S5737 on D.C. Act 13–59, ‘‘Petition Circulation Re- tled ‘‘Federal Employees Health Benefits Law, U.S. Coast Guard, Department of quirements Temporary Amendment Act of Children’s Equity Act of 1999’’; to the Com- Transportation, transmitting, pursuant to 1999’’, adopted by the Council on April 13, mittee on Governmental Affairs. law, the report of a rule entitled ‘‘Safety/Se- 1999; to the Committee on Governmental Af- EC–3134. A communication from the Execu- curity Zone Regulations; Dignitary Arrival/ fairs. tive Director, Committee for Purchase from Departure New York (CGD01–98–006)’’ EC–3121. A communication from the Chair- People who are Blind or Severly Disabled, (RIN2115–AA97) (1999–0016), received May 10, man of the Council of the District of Colum- transmitting, pursuant to law, the report of 1999; to the Committee on Commerce, bia, transmitting, pursuant to law, a report a rule relative to additions and deletions Science, and Transportation. on D.C. Act 13–65, ‘‘Closing of Public Alleys from the Procurement List, received May 12, EC–3144. A communication from the Chief, in Square 51, S.O. 98–145, Act of 1999’’, adopt- 1999; to the Committee on Governmental Af- Office of Regulations and Administrative ed by the Council on April 13, 1999; to the fairs. Law, U.S. Coast Guard, Department of Committee on Governmental Affairs. EC–3135. A communication from the Execu- Transportation, transmitting, pursuant to EC–3122. A communication from the Chair- tive Director, Committee for Purchase from law, the report of a rule entitled ‘‘Regatta man of the Council of the District of Colum- People who are Blind or Severly Disabled, Regulations; SLR; St. Croix International bia, transmitting, pursuant to law, a report transmitting, pursuant to law, the report of Triathlon, St. Croix, USVI (CGD07–99–016)’’ on D.C. Act 13–66, ‘‘Chief Technology Officer a rule relative to additions to the Procure- (RIN2115–AE46) (1999–0007), received April 9, Year 2000 Remediation Procurement Author- ment List, received May 18, 1999; to the Com- 1999; to the Committee on Commerce, ity Temporary Amendment Act of 1999’’, mittee on Governmental Affairs. Science, and Transportation. adopted by the Council on April 13, 1999; to EC–3136. A communication from the Audi- EC–3145. A communication from the Chief, the Committee on Governmental Affairs. tor of the District of Columbia, transmit- Office of Regulations and Administrative EC–3123. A communication from the Chair- ting, pursuant to law, a report entitled Law, U.S. Coast Guard, Department of man of the Council of the District of Colum- ‘‘Audit of Advisory Neighborhood Commis- Transportation, transmitting, pursuant to bia, transmitting, pursuant to law, a report sion 6A for the Period October 1, 1993 law, the report of a rule entitled ‘‘Regatta on D.C. Act 13–64, ‘‘Solid Waste Facility Per- through June 30, 1998’’; to the Committee on Regulations; SLR; Air and Sea Show, Fort mit Amendment Act of 1999’’, adopted by the Governmental Affairs. Lauderdale, Florida (CGD07–99–017)’’ Council on April 13, 1999; to the Committee EC–3137. A communication from the Audi- (RIN2115–AE46) (1999–0008), received April 9, on Governmental Affairs. tor of the District of Columbia, transmit- 1999; to the Committee on Commerce, EC–3124. A communication from the Chair- ting, pursuant to law, a report entitled Science, and Transportation. man of the Federal Trade Commission, ‘‘Audit of Advisory Neighborhood Commis- EC–3146. A communication from the Chief, transmitting, pursuant to law, the Commis- sion 4B for the Period October 1, 1995 through Office of Regulations and Administrative sion’s report under the Government in the September 30, 1998’’; to the Committee on Law, U.S. Coast Guard, Department of Sunshine Act for calendar year 1998; to the Governmental Affairs. Transportation, transmitting, pursuant to Committee on Governmental Affairs. EC–3138. A communication from the Direc- law, the report of a rule entitled ‘‘Regatta EC–3125. A communication from the Chair- tor of the Office of Management and Budget, Regulations; SLR; Empire State Regatta, Al- man of the Federal Election Commission, Executive Office of the President, transmit- bany, New York (CGD01–98–162)’’ (RIN2115– transmitting, pursuant to law, the Commis- ting, pursuant to law, a cumulative report AE46) (1999–0012), received April 22, 1999; to sion’s report under the Government in the on rescissions and deferrals dated May 13, the Committee on Commerce, Science, and Sunshine Act for calendar year 1998; to the 1999; transmitted jointly, pursuant to the Transportation. Committee on Governmental Affairs. order of January 30, 1975, as modified by the EC–3147. A communication from the Chief, EC–3126. A communication from the Senior order of April 11, 1986, to the Committee on Office of Regulations and Administrative Deputy Assistant Administrator, Bureau for Appropriations, to the Committee on the Law, U.S. Coast Guard, Department of Legislative and Public Affairs, Agency for Budget, to the Committee on Energy and Transportation, transmitting, pursuant to International Development, transmitting, Natural Resources, to the Committee on En- law, the report of a rule entitled ‘‘Draw- pursuant to law, the Agency’s Account- vironment and Public Works, and to the bridge Regulations; Connecticut River, CT ability Report for fiscal year 1998; to the Committee on Foreign Relations. (CGD01–99–032)’’ (RIN2115–AE47) (1999–0009), Committee on Governmental Affairs. EC–3139. A communication from the Chief, received May 10, 1999; to the Committee on EC–3127. A communication from the Sec- Office of Regulations and Administrative Commerce, Science, and Transportation. retary of the Senate, transmitting, pursuant Law, U.S. Coast Guard, Department of EC–3148. A communication from the Chief, to law, the report of the receipts and expend- Transportation, transmitting, pursuant to Office of Regulations and Administrative itures of the Senate for the period October 1, law, the report of fifty-five rules relative to Law, U.S. Coast Guard, Department of 1998 through March 31, 1999; ordered to lie on Safety/Security Zone Regulations (RIN2115– Transportation, transmitting, pursuant to the table. AA97) (1999–0014), received April 9, 1999; to law, the report of a rule entitled ‘‘Special EC–3128. A communication from the Assist- the Committee on Commerce, Science, and Anchorage Areas/Anchorage Grounds Regu- ant Secretary for Management and Budget/ Transportation. lations; Port Everglades, Florida (CGD07–99– Chief Financial Officer, Department of EC–3140. A communication from the Chief, 003)’’ (RIN2115–AA98) (1999–0002), received Health and Human Services, transmitting, Office of Regulations and Administrative April 22, 1999; to the Committee on Com- pursuant to law, the Department’s Account- Law, U.S. Coast Guard, Department of merce, Science, and Transportation. ability Report for fiscal year 1998; to the Transportation, transmitting, pursuant to Committee on Governmental Affairs. law, the report of a rule entitled ‘‘Draw- f EC–3129. A communication from the Fed- bridge Regulations; Gulf Intracoastal Water- PETITIONS AND MEMORIALS eral Co-Chairman, Appalachian Regional way, Florida (CGD07–98–083)’’ (RIN2115–AE47) Commission, transmitting, pursuant to law, (1999–0007), received April 2, 1999; to the Com- The following petitions and memo- a report relative to an evaluation of the sys- mittee on Commerce, Science, and Transpor- rials were laid before the Senate and tem of internal accounting and administra- tation. were referred or ordered to lie on the tive control; to the Committee on Govern- EC–3141. A communication from the Chief, table as indicated: mental Affairs. Office of Regulations and Administrative POM–122. A joint resolution adopted by the EC–3130. A communication from the Chair- Law, U.S. Coast Guard, Department of General Assembly of the Commonwealth of person, Cost Accounting Standards Board, Transportation, transmitting, pursuant to Virginia relative to the Omnibus Reconcili- Office of Management and Budget, Executive law, the report of a rule entitled ‘‘Safety/Se- ation Act of 1993; to the Committee on Fi- Office of the President, transmitting, pursu- curity Zone Regulations; Ward Cove, nance. ant to law, the annual report for calendar Tongass Narrows, Ketchikan, AK (COTP years 1997 and 1998; to the Committee on Southeast Alaska 99–001)’’ (RIN2115–AA97) Governmental Affairs. (1999–0013), received April 2, 1999; to the Com- SENATE JOINT RESOLUTION NO. 490 EC–3131. A communication from the Sec- mittee on Commerce, Science, and Transpor- Whereas, prior to 1993, federal Medicaid retary of Transportation, transmitting, pur- tation. regulations allowed states flexibility in the suant to law, the semiannual report of the EC–3142. A communication from the Chief, treatment of assets in determining eligi- Office of the Inspector General for the period Office of Regulations and Administrative bility; and October 1, 1998 to March 30, 1999; to the Com- Law, U.S. Coast Guard, Department of Whereas, Connecticut, New York, Indiana, mittee on Governmental Affairs. Transportation, transmitting, pursuant to and California were able to establish public/ EC–3132. A communication from the Comp- law, the report of a rule entitled ‘‘Safety/Se- private long-term care partnerships to pro- troller General of the United States, trans- curity Zone Regulations; Bergen County vide incentives for the purchase of long-term mitting, pursuant to law, the report of the United Way Fireworks, Hudson River, Man- care insurance; and list of General Accounting Office reports for hattan, New York (CGD01–99–018)’’ (RIN2115– Whereas, under these partnership pro- March 1999; to the Committee on Govern- AA97) (1999–0012), received April 2, 1999; to grams, if a policyholder requires long-term mental Affairs. the Committee on Commerce, Science, and care and eventually exhausts his private in- EC–3133. A communication from the Direc- Transportation. surance benefits, the policyholder is per- tor, Office of Personnel Management, trans- EC–3143. A communication from the Chief, mitted to keep more of his assets while still mitting, a draft of proposed legislation enti- Office of Regulations and Administrative qualifying for Medicaid coverage; and

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00105 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5738 CONGRESSIONAL RECORD — SENATE May 20, 1999 Whereas, the Omnibus Budget Reconcili- and a fuel truck crash in Augusta have fur- (The above nominations were re- ation Act of 1993 included a provision, § 13612 ther raised concern; and ported with the recommendation that (a) (C), that discourages additional states Whereas, an increase in the interstate they be confirmed.) from implementing such partnerships; and gross vehicle weight limit for 6-axle com- Whereas, this provision requires states to bination vehicles, from 80,000 pounds to be- f make recovery from the estates of persons tween 90,000 and 95,000 pounds, is supported INTRODUCTION OF BILLS AND who had enjoyed enhanced Medicaid asset by an engineering review that was recently JOINT RESOLUTIONS protection, thereby making the asset protec- conducted by the Maine Department of tion provided by the public/private partner- Transportation; and The following bills and joint resolu- ships only temporary; and Whereas, a recommendation to increase tions were introduced, read the first Whereas, the General Assembly, pursuant interstate weight limits is also supported by and second time by unanimous con- to Senate Joint Resolution No. 365 (1997), the Maine State Police, the Maine Depart- sent, and referred as indicated: urged Congress to repeal § 13612 (a) (C) of the ment of Economic and Community Develop- By Mrs. HUTCHISON (for herself, Mr. Omnibus Budget Reconciliation Act of 1993; ment, the Maine Turnpike Authority, the DURBIN, Mr. HELMS, and Mrs. FEIN- and Maine Better Transportation Association, STEIN): Whereas, the Governor has requested that the Maine Chamber and Business Alliance S. 1086. A bill to amend the Internal Rev- Congress remove § 13612 (a) (C) and allow ad- and the Maine Motor Transportation Asso- enue Code of 1986 to waive the income inclu- ditional states to establish asset protection ciation, now, therefore, be it sion on a distribution from an individual re- programs for individuals who purchase quali- Resolved, That We, your Memorialists, re- tirement account to the extent that the dis- fied long-term care insurance policies with- quest that the President of the United States tribution is contributed for charitable pur- out requiring that states recover such assets and the United States Congress amend fed- poses; to the Committee on Finance. upon a beneficiary’s death; and eral law to increase the interstate gross ve- By Mr. HUTCHINSON: Whereas, the removal of § 13612 (a) (C) hicle weight limits for 6-axle combination S. 1087. A bill to amend title 38, United would make such partnerships much more vehicles to between 90,000 and 95,000 pounds States Code, to add bronchioloalveolar car- attractive to potential participants, espe- and maintain the current freeze on longer cinoma to the list of diseases presumed to be cially if they are motivated by a desire to combination vehicles; and be it further service-connected for certain radiation-ex- pass some of their assets on to their chil- Resolved, That suitable copies of this reso- posed veterans; to the Committee on Vet- dren; and lution, duly authenticated by the Secretary erans Affairs. Whereas, having long-term care insurance of State, be transmitted to the Honorable By Mr. KYL: reduces the possibility that individuals will William J. Clinton, President of the United S. 1088. A bill to authorize the Secretary of spend down to Medicaid eligibility levels; States; the President of the United States Agriculture to convey certain administra- and Senate; the Speaker of the House of Rep- tive sites in national forests in the State of Whereas, long-term care insurance, by re- resentatives of the United States and each Arizona, to convey certain land to the City ducing the Medicaid expenditures for policy- member of the Maine Congressional Delega- of Sedona, Arizona for a wastewater treat- holders, helps states control Medicaid costs; tion. ment facility, and for other purposes; to the and f Committee on Energy and Natural Re- Whereas, Congress has not yet acted to re- sources. peal § 13612 (a) (C) of the Omnibus Budget REPORTS OF COMMITTEES By Ms. SNOWE (for herself, Mr. Reconciliation Act of 1993; now, therefore, be The following reports of committees MCCAIN, Mr. HOLLINGS, Mr. KERRY, it Mr. BREAUX, and Mr. INOUYE): Resolved by the Senate the House of Dele- were submitted: S. 1089. A bill to authorize appropriations gates concurring, That the Congress of the By Mr. MCCAIN, from the Committee on for fiscal years 2000 and 2001 for the United United States be urged to establish a limited Commerce, Science, and Transportation, States Coast Guard, and for other purposes; pilot program which exempts the Common- with an amendment in the nature of a sub- to the Committee on Commerce, Science, wealth of Virginia from the provisions of stitute: and Transportation. § 13612 (a) (C) of the Omnibus Budget Rec- S. 303. A bill to amend the Communica- By Mr. CHAFEE (for himself, Mr. onciliation Act of 1993 requiring states to tions Act of 1934 to enhance the ability of di- SMITH of New Hampshire, and Mr. make recovery from the estates of persons rect broadcast satellite and other multi- LOTT): who had enjoyed enhanced Medicaid asset channel video providers to compete effec- S. 1090. A bill to reauthorize and amend the protection; and, be it tively with cable television systems, and for Comprehensive Environmental Response, Li- Resolved Further, That the Clerk of the other purposes (Rept. No. 106–51). ability, and Compensation Act of 1980; to the Senate transmit a copy of this resolution to f Committee on Environment and Public the President of the United States Senate, Works. the Speaker of the House of Representatives, EXECUTIVE REPORTS OF A By Mr. DEWINE (for himself, Mr. KEN- and the Congressional Delegation of Virginia COMMITTEE NEDY, and Mr. BOND): in order that they may be apprised of the S. 1091. A bill to amend the Public Health sense of the General Assembly of Virginia in The following executive reports of a Service Act to provide for the establishment this matter. committee were submitted: of a pediatric research initiative; to the POM–123. A joint resolution adopted by the By Mr. THOMPSON, for the Committee on Committee on Health, Education, Labor, and Legislature of the State of Maine relative to Governmental Affairs: Pensions. the interstate truck weight limits; to the John T. Spotila, of New Jersey, to be Ad- By Mr. CRAPO: Committee on Commerce, Science, and ministrator of the Office of Information and S. 1092. A bill to amend the Federal Food, Transportation. Regulatory Affairs, Office of Management Drug, and Cosmetic Act with respect to regu- and Budget. lation of pharmacists, and for other pur- JOINT RESOLUTION Lorraine Pratte Lewis, of the District of poses; to the Committee on Health, Edu- cation, Labor, and Pensions. We, your Memorialists, the Members of the Columbia, to be Inspector General, Depart- ment of Education. By Mr. BINGAMAN: One Hundred and Nineteenth Legislature of S. 1093. A bill to establish the Galisteo the State of Maine, now assembled in the (The above nominations were re- Basin Archaeological Protection Sites, to First Regular Session, most respectfully ported with the recommendation that provide for the protection of archaeological present and petition the President of the they be confirmed, subject to the nomi- sites in the Galisteo Basin of New Mexico, United States and the United States Con- nees’ commitment to respond to re- and for other purposes; to the Committee on gress, as follows: quests to appear and testify before any Energy and Natural Resources. Whereas, the issue of interstate truck duly constituted committee of the Sen- By Mr. DURBIN: weight limits is of great concern for a num- S. 1094. A bill to require a school to for- ber of reasons; and ate.) ward certain information regarding transfer- Whereas, economic development interests Hiram E. Puig-Lugo, of the District of Co- ring students; to the Committee on Health, in northern and central Maine are increas- lumbia, to be an Associate Judge of the Su- Education, Labor, and Pensions. ingly frustrated at their loss of transpor- perior Court of the District of Columbia for By Mr. CONRAD (for himself and Mr. tation productivity due to the disparity in the term of fifteen years. HATCH): weight limits between the state highways Stephen H. Glickman, of the District of Co- S. 1095. A bill to amend section 29 of the In- and the Interstate Highway System; and lumbia, to be an Associate Judge of the Dis- ternal Revenue Code of 1986 to extend the Whereas, this disparity has resulted in the trict of Columbia Court of Appeals for the placed in service date for biomass and coal diversion of heavy through trucks from the term of fifteen years. facilities; to the Committee on Finance. Interstate Highway System to more con- Eric T. Washington, of the District of Co- By Mr. HUTCHINSON (for himself and gested State highways, raising safety con- lumbia, to be an Associate Judge of the Dis- Mrs. LINCOLN): cerns in the Legislature and in municipal trict of Columbia Court of Appeals for the S. 1096. A bill to preserve and protect ar- groups. A fatal crash on Route 9 in Dixmont term of fifteen years. chaeological sites and historical resources of

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00106 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 20, 1999 CONGRESSIONAL RECORD — SENATE S5739 the central Mississippi Valley through the has the support of numerous charitable tain land to the City of Sedona, Ari- establishment of the Mississippi Valley Na- organizations across the United States. zona for a wastewater treatment facil- tional Historical Park as a unit of the Na- The effect of this bill would be to ity, and for other purposes; to the Com- tional Park System on former Eaker Air unlock billions of dollars in savings mittee on Energy and Natural Re- Force Base in Blytheville, Arkansas; to the Committee on Energy and Natural Re- Americans hold and make them avail- sources. sources. able to charity. THE ARIZONA NATIONAL FOREST IMPROVEMENT By Mr. ENZI (for himself, Mr. HUTCH- Mr. President, the legislation will ACT OF 1999 INSON, Mr. BROWNBACK, Mr. GRAMS, allow individuals to roll assets from an Mr. KYL. Mr. President, the U.S. Mr. INHOFE, Mr. HAGEL, Mr. SESSIONS, Individual Retirement Account (IRA) Forest Service is interested in ex- and Mr. SANTORUM): into a charity or a deferred charitable changing or selling six unmanageable, S. 1097. A bill to offset the spending con- gift plan without incurring any income undesirable and/or excess parcels of tained in the fiscal year 1999 emergency sup- tax consequences. Thus, the donation land in the Prescott, Tonto, Kaibab plemental appropriations bill in order to pro- tect the surpluses of the social security trust would be made to charity without ever and Coconino National Forests. In ad- funds; to the Committee on the Budget and withdrawing it as income and paying dition, the Forest Service has agreed to the Committee on Governmental Affairs, tax on it. sell land to the City of Sedona for use jointly, pursuant to the order of August 4, Americans hold well over $1 trillion as an effluent disposal system. If the 1977, with instructions that if one Committee in assets in IRAs. Nearly half of Amer- parcels are sold, the Forest Service reports, the other Committee have thirty ica’s families have IRAs. Recent stud- wants to use the proceeds from five of days to report or be discharged. ies show that assets of qualified retire- these sales to either fund new con- By Mr. DODD: ment plans comprise a substantial part struction or upgrade current adminis- S. 1098. A bill to amend chapter 89 of title 5, United States Code, to modify service re- of the net worth of many persons. trative facilities at these national for- quirements relating to creditable service Many individuals would like to give a ests. Funds generated from the sale of with congressional campaign committees; to portion of these assets to charity. the other parcels could be used to fund the Committee on Governmental Affairs. Under current law, if an IRA is trans- acquisition of sites, or construction of By Mr. BAUCUS (for himself, Mr. ferred into a charitable remainder administrative facilities at any na- BINGAMAN, Mr. DORGAN, Mr. KERREY, trust, donors are required to recognize tional forest in Arizona. Transfers of Mr. JOHNSON, and Mr. DASCHLE): all such income. Therefore, absent the land completed under this bill will be S. 1099. A bill to establish a mechanism for changes called for in the legislation, done in accordance with all other ap- using the duties imposed on products of the donor will have taxable income in countries that fail to comply with WTO dis- plicable laws, including environmental pute resolution decision to provide relief to the year the gift is funded. The IRA laws. injured domestic producers; to the Com- Rollover to Charity Act lifts the dis- Mr. President, this bill will enhance mittee on Finance. incentives contained in our com- customer and administrative services By Mr. CHAFEE (for himself, Mr. plicated and burdensome tax code and by allowing the Forest Service to con- CRAPO, and Mr. DOMENICI): will unleash a critical source of fund- solidate and update facilities and/or re- S. 1100. A bill to amend the Endangered ing for our nation’s charities. This is a locate facilities to more convenient lo- Species Act of 1973 to provide that the des- common sense way to remove obstacles cations. It offers a simple and common- ignation of critical habitat for endangered to private charitable giving. sense way to enhance services for na- and threatened species be required as part of the development of recovery plans for those Under the legislation, upon reaching tional forest users in Arizona, and to 1 species; to the Committee on Environment age 59 ⁄2, an individual could move as- facilitate the disposal of unmanage- and Public Works. sets penalty-free from an IRA directly able, undesirable and/or excess parcels By Mr. REED: to charity or into a qualifying deferred of national forest lands. This bill will S. 1101. A bill to provide for tort liability charitable gift plan—e.g. charitable re- also facilitate the construction of a of firearms dealers who transfer firearms in minder trusts, pooled income funds and much needed wastewater treatment violation of Federal firearms law; to the gift annuities. In the latter case the plant for the City of Sedona. Committee on the Judiciary. donor would be able to receive an in- Mr. President, I ask unanimous con- f come stream from the retirement plan sent that the bill be printed in the assets, which would be taxed according RECORD. SUBMISSION OF CONCURRENT AND to normal rules. Upon the death of the There being no objection, the bill was SENATE RESOLUTIONS individual, the remainder would be ordered to be printed in the RECORD, as The following concurrent resolutions transferred to charity. follows: and Senate resolutions were read, and Mr. President, I hope the Senate will S. 1088 referred (or acted upon), as indicated: join in this effort to provide a valuable Be it enacted by the Senate and House of Rep- By Mr. LOTT (for himself and Mr. new source of philanthropy for our na- resentatives of the United States of America in DASCHLE): tion’s charities. This legislation has Congress assembled, S. Res. 104. A resolution to authorize testi- the support of numerous universities SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Arizona Na- mony, production of documents, and legal and charitable groups, including the representation in United States v. Nippon tional Forest Improvement Act of 1999’’. Miniature Bearing, Inc., et al; considered and Charitable Accord, an umbrella organi- SEC. 2. DEFINITIONS. agreed to. zation representing more than 1,000 or- In this Act: ganizations and associations. (1) CITY.—The term ‘‘City’’ means the city f Mr. President, I have just returned of Sedona, Arizona. STATEMENTS ON INTRODUCED from the Balkans. I have seen first (2) SECRETARY.—The term ‘‘Secretary’’ BILLS AND JOINT RESOLUTIONS hand the wonderful work that is being means the Secretary of Agriculture. done by charitable groups in dealing SEC. 3. SALE OR EXCHANGE OF ADMINISTRATIVE By Mrs. HUTCHISON (for herself, SITES. with the massive refugee crisis that Mr. DURBIN, Mr. HELMS, and (a) IN GENERAL.—The Secretary may, has occurred there. As terrible as this Mrs. FEINSTEIN): under such terms and conditions as the Sec- crisis has been, it would be worse if not S. 1086. A bill to amend the Internal retary may prescribe, sell or exchange any for the great work that is being done Revenue Code of 1986 to waive the in- and all right, title, and interest of the by charitable groups. Our bill will help United States in and to the following Na- come inclusion on a distribution from direct additional resources to those tional Forest System land and administra- an individual retirement account to charities and thousands of others. I tive sites: the extent that the distribution is con- urge my colleagues to co-sponsor this (1) The Camp Verde Administrative Site, tributed for charitable purposes; to the comprising approximately 213.60 acres, as de- legislation.∑ Committee on Finance. picted on the map entitled ‘‘Camp Verde Ad- ministrative Site’’, dated April 12, 1997. IRA ROLLOVER TO CHARITY ACT By Mr. KYL: ∑ (2) A portion of the Cave Creek Adminis- Mrs. HUTCHISON. Mr. President, S. 1088. A bill to authorize the Sec- trative Site, comprising approximately 16 today, I am pleased to introduce, along retary of Agriculture to convey certain acres, as depicted on the map entitled ‘‘Cave with Senator DURBIN, the IRA Rollover administrative sites in national forests Creek Administrative Site’’, dated May 1, to Charity Act of 1999. This legislation in the State of Arizona, to convey cer- 1997.

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00107 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5740 CONGRESSIONAL RECORD — SENATE May 20, 1999 (3) The Fredonia Duplex Housing Site, and annually thereafter until the total forces, it provides a critical component comprising approximately 1.40 acres, and the amount has been paid. of the nation’s defense strategy, some- Fredonia Housing Site, comprising approxi- (4) INTEREST RATE.—Any payment due for thing weighing heavily on all of our mately 1.58 acres, as depicted on the map en- the conveyance of land under this section minds lately. titled ‘‘Fredonia Duplex Dwelling, Fredonia shall accrue, beginning on the date of the Last year, Congress enacted the Ranger Dwelling’’, dated August 28, 1997. conveyance, interest at a rate equal to the (4) The Groom Creek Administrative Site, current (as of the date of the conveyance) Coast Guard Authorization Act of 1998, comprising approximately 7.88 acres, as de- market yield on outstanding, marketable ob- which authorized the Coast Guard picted on the map entitled ‘‘Groom Creek ligations of the United States with matu- through Fiscal Year 1999. The bill I am Administrative Site’’, dated April 29, 1997. rities of 1 year. introducing today reauthorizes the (5) The Payson Administrative Site, com- (d) RELEASE.—Subject to compliance with Coast Guard for the next two years— prising approximately 296.43 acres, as de- all Federal environmental laws by the Sec- Fiscal Years 2000 and 2001. picted on the map entitled ‘‘Payson Adminis- retary before the date of conveyance of land It authorizes both appropriations and trative Site’’, dated May 1, 1997. under this section, on conveyance of the personnel levels for these two years. It (6) The Sedona Administrative Site, com- land, the City shall agree in writing to hold prising approximately 21.41 acres, as depicted the United States harmless from any and all also contains various provisions that on the map entitled ‘‘Sedona Administrative claims to the land, including all claims re- are designed to provide greater flexi- Site’’, dated April 12, 1997. sulting from hazardous materials on the con- bility to the Coast Guard on personnel (b) CONSIDERATION.—Consideration for a veyed land. administration; strengthen marine sale or exchange of land under subsection (a) (e) RIGHT OF REENTRY.—At any time before safety provisions; includes sufficient may include the acquisition of land, existing full payment is made for the conveyance of funding to allow for a 4.4 percent pay improvements, and improvements con- land under this section, the conveyance shall raise; and other provisions. structed to the specifications of the Sec- be subject to a right of reentry in the United One provision that deserves par- retary. States if the Secretary determines that— ticular mention relates to icebreaking (c) APPLICABLE LAW.—Except as otherwise (1) the City has not complied with the re- provided in this section, any sale or ex- quirements of this section or the conditions services. The President’s FY 2000 budg- change of land under subsection (a) shall be prescribed by the Secretary in the deed of et request includes a proposal to subject to the laws (including regulations) conveyance; or decomission 11 WYTL-class harbor applicable to the conveyance and acquisition (2) the conveyed land is not used for dis- tugs. These tugs provide vital of land for the National Forest System. posal of treated effluent or other purposes icebreaking services throughout the (d) CASH EQUALIZATION.—Notwithstanding related to the construction of an effluent northern states, including my home any other provision of law, the Secretary disposal system in Yavapai County, Arizona. state of Maine. While I understand that may accept a cash equalization payment in SEC. 5. DISPOSITION OF FUNDS. the age of this vessel class may require excess of 25 percent of the value of any land (a) DEPOSIT OF PROCEEDS.—The Secretary some action by the agency, I feel it or administrative site exchanged under sub- shall deposit the proceeds of a sale or ex- section (a). change under this Act in the fund estab- would be premature to decommission (e) SOLICITATION OF OFFERS.— lished under Public Law 90–171 (16 U.S.C. these vessels before the Coast Guard (1) IN GENERAL.—The Secretary may solicit 484a) (commonly known as the ‘‘Sisk Act’’). has identified a means to rectify any offers for the sale or exchange of land under (b) USE OF PROCEEDS.—Funds deposited potentially harmful degradation of this section on such terms and conditions as under subsection (a) shall be available to the services. The Coast Guard has identi- the Secretary may prescribe. Secretary, without further Act of appropria- fied seven waterways within Maine (2) REJECTION OF OFFERS.—The Secretary tion, for— that would suffer a meaningful deg- may reject any offer made under this section (1) the acquisition, construction, or im- radation of service should these tugs be if the Secretary determines that the offer is provement of administrative facilities for not adequate or not in the public interest. the Coconino National Forest, Kaibab Na- brought offline now. These waterways (f) REVOCATIONS.—Notwithstanding any tional Forest, Prescott National Forest, and provide necessary transport routes for other provision of law, on conveyance of land Tonto National Forest; or oil tankers, commercial fishing vessels, by the Secretary under this section, any pub- (2) the acquisition of land and or an inter- and cargo ships. The costs would be ex- lic order withdrawing the land from any est in land in the State of Arizona. cessive to the local communities form of appropriation under the public land should that means of transport be cut laws is revoked. By Ms. SNOW (for herself, Mr. off. As such, the bill I am introducing SEC. 4. CONVEYANCE TO CITY OF SEDONA. MCCAIN, Mr. HOLLINGS, Mr. today includes a measure that would (a) IN GENERAL.—The Secretary may sell to KERRY, Mr. BREAUX, and Mr. require the Coast Guard to submit a re- the city of Sedona, Arizona, by quitclaim INOUYE): deed in fee simple, all right, title, and inter- port to Congress before removing these S. 1089. A bill to authorize appropria- tugs from service that will include an est of the United States in and to approxi- tions for fiscal years 2000 and 2001 for mately 300 acres of land as depicted on the analysis of the use of this class of har- map in the environmental assessment enti- the United States Coast Guard, and for bor tugs to perform icebreaking serv- tled ‘‘Sedona Effluent Management Plan’’, other purposes; to the Committee on ices; the degree to which the decom- dated August 1998, for construction of an ef- Commerce, Science, and Transpor- missioning of each such vessel would fluent disposal system in Yavapai County, tation. result in a degradation of current serv- Arizona. THE COAST GUARD AUTHORIZATION ACT OF 1999 ices; and recommendations to reme- (b) DESCRIPTION.—A legal description of Ms. SNOWE. Mr. President, today I the land conveyed under subsection (a) shall diate such degradation. be available for public inspection in the of- am pleased to introduce the Coast As part of its law enforcement mis- fice of the Chief of the Forest Service, Wash- Guard Authorization Act of 1999. sion in 1998, the Coast Guard seized 75 ington, District of Columbia. The Coast Guard provides many crit- vessels transporting more than 100,000 (c) CONSIDERATION.— ical services for our nation. Dedicated pounds of illegal narcotics headed for (1) FAIR MARKET VALUE.—As consideration Coast Guard personnel save an average our shores. This bill provides funding for the conveyance of land under subsection of more than 5,000 lives, $2.5 billion in to maintain many of the new drug (a), the City shall pay to the Secretary an property, and assist more than 100,000 interdiction initiatives of the past few amount equal to the fair market value of the other mariners in distress. Through years. The Coast Guard has proven land as determined by an appraisal accept- boater safety programs and mainte- able to the Secretary and prepared in accord- time and again its ability to stem the ance with the Uniform Appraisal Standards nance of an extensive network of aids tide of drugs entering our nation for Federal Land Acquisitions. to navigation, the Coast Guard pro- through water routes. (2) COST OF APPRAISAL.—The City shall pay tects thousands of additional people Finally, the Coast Guard is the lead the cost of the appraisal of the land. engaged in coastwise trade, commer- federal agency for preventing and re- (3) PAYMENT.—Payment of the amount de- cial fishing activities, or simply enjoy- sponding to major pollution incidents termined under paragraph (1) (including any ing a day of recreation out on our bays, in the coastal zone. It responds to more interest payable under paragraph (4)) shall oceans, and waterways. than 17,000 pollution incidents in the be paid, at the option of the City— The Coast Guard enforces all federal average year. This bill includes a pro- (A) in full not later than 180 days after the date of the conveyance of the land; or laws and treaties related to the high vision that provides the Coast Guard (B) in 7 equal annual installments com- seas and U.S. waters. This includes ma- with emergency borrowing authority mencing not later than January 1 of the first rine resource protection and pollution from the Oil Spill Liability Trust year following the date of the conveyance control. As one of the five armed Fund. The measure would enhance the

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00108 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 20, 1999 CONGRESSIONAL RECORD — SENATE S5741 Coast Guard’s ability to effectively re- tion, shore and offshore facilities, vessels, (3) as paragraph (4) and inserting after para- spond to major oil spills. and aircraft, including equipment related graph (2) the following: Mr. President, this is a good bill that thereto, $350,326,000, to remain available ‘‘(3) The Secretary of Transportation, or enjoys bipartisan support on the Com- until expended, of which $20,000,000 shall be the Secretary’s designee, when the Coast derived from the Oil Spill Liability Trust Guard is not operating under the Depart- merce Committee. I look forward to Fund to carry out the purposes of section ment of the Navy.’’. moving this bill to the Senate floor at 1012(a)(5) of the Oil Pollution Act of 1990. SEC. 204. COMPENSATORY ABSENCE FOR ISO- the earliest opportunity. (3) For research, development, test, and LATED DUTY. Mr. President, I ask unanimous con- evaluation of technologies, materials, and (a) IN GENERAL.—Section 511 of title 14, sent that the text of the bill be printed human factors directly relating to improving United States Code, is amended to read as in the RECORD. the performance of the Coast Guard’s mis- follows: There being no objection, the bill was sion in support of search and rescue, aids to ‘‘Sec. 511. Compensatory absence from duty navigation, marine safety, marine environ- ordered to be printed in the RECORD, as for military personnel at isolated duty sta- mental protection, enforcement of laws and follows: tions treaties, ice operations, oceanographic re- ‘‘The Secretary may prescribe regulations S. 1089 search, and defense readiness, $21,709,000, to to grant compensatory absence from duty to Be it enacted by the Senate and House of Rep- remain available until expended, of which military personnel of the Coast Guard serv- resentatives of the United States of America in $3,500,000 shall be derived from the Oil Spill ing at isolated duty stations of the Coast Congress assembled, Liability Trust Fund. Guard when conditions of duty result in con- SECTION 1. SHORT TITLE. (4) For retired pay (including the payment finement because of isolation or in long peri- This Act may be cited as the ‘‘Coast Guard of obligations otherwise chargeable to lapsed ods of continuous duty.’’. Authorization Act of 1999’’. appropriations for this purpose), payments (b) CLERICAL AMENDMENT.—The table of under the Retired Serviceman’s Family Pro- TITLE I—AUTHORIZATION sections at the beginning of chapter 13 of tection and Survivor Benefit Plans, and pay- SEC. 101. AUTHORIZATION OF APPROPRIATIONS title 14, United States Code, is amended to ments for medical care of retired personnel read as follows: (a) AUTHROIZATION FOR FISCAL YEAR 2000.— and their dependents under chapter 55 of ‘‘511. Compensatory absence from duty for Funds are authorized to be appropriated for title 10, United States Code, such sums as military personnel at isolated necessary expenses of the Coast Guard for may be necessary, to remain available until duty stations’’. fiscal year 2000 as follows: expended. (1) For the operation and maintenance of (5) For environmental compliance and res- SEC. 205. ACCELERATED PROMOTION OF CER- the Coast Guard, $2,941,039,000, of which toration at Coast Guard facilities (other TAIN COAST GUARD OFFICERS. Title 14, United States Code, is amended— $334,000,000 shall be available for defense-re- than parts and equipment associated with (1) in section 259, by adding at the end a lated activities and of which $25,000,000 shall operations and maintenance), $19,500,000, to be derived from the Oil Spill Liability Trust new subsection (c) to read as follows: remain available until expended. ‘‘(c) After selecting the officers to be rec- Fund. (6) For alteration or removal of bridges ommended for promotion, a selection board (2) For the acquisition, construction, re- over navigable waters of the United States may recommend officers of particular merit, building, and improvement of aids to naviga- constituting obstructions to navigation, and from among those officers chosen for pro- tion, shore and offshore facilities, vessels, for personnel and administrative costs asso- motion to be placed at the top of the list of and aircraft, including equipment related ciated with the Bridge Alteration Program, selectees promulgated by the Secretary thereto, $350,326,000, to remain available $26,000,000, to remain available until ex- under section 271(a) of this title. The number until expended, of which $20,000,000 shall be pended. derived from the Oil Spill Liability Trust of officers that a board may recommend to SEC. 102. AUTHORIZED LEVELS OF MILITARY be placed at the top of the top of the list of Fund to carry out the purposes of section STRENGTH AND TRAINING. selectees promulgated by the Secretary 1012(a)(5) of the Oil Pollution Act of 1990. (a) END-OF-YEAR STRENGTH FOR FISCAL under section 271(a) of this title. The number (3) For research, development, test, and YEAR 2000.—The Coast Guard is authorized of officers that a board may recommend to evaluation of technologies, materials, and an end-of-year strength for active duty per- be placed at the top of the list of selectees human factors directly relating to improving sonnel of 36,350 as of September 30, 2000. may not exceed the percentages set forth in the performance of the Coast Guard’s mis- (b) TRAINING STUDENT LOADS FOR FISCAL subsection (b) unless such a percentage is a sion in support of search and rescue, aids to YEAR 2000.—For fiscal year 2000, the Coast navigation, marine safety, marine environ- Guard is authorized average military train- number less than one, in which case the mental protection, enforcement of laws and ing student loads as follows: board may recommend one officer for such treaties, ice operations, oceanographic re- (1) For recruit and special training, 1,500 placement. No officer may be recommended search, and defense readiness, $21,709,000, to student years. to be placed at the top of the list of selectees remain available until expended,of which (2) For flight training, 100 student years. unless he or she receives the recommenda- $3,500,000 shall be derived from the Oil Spill (3) For professional training in military tion of at least a majority of the members of Liability Trust Fund. and civilian institutions, 300 student years. a board composed of five members, or at (4) For retired pay (including the payment (4) For officer acquisition, 1,000 student least two-thirds of the members of a board of obligation otherwise chargeable to lapsed years. composed of more than five members.’’; appropriations for this purpose), payments (c) END-OF-YEAR STRENGTH FOR FISCAL (2) in section 260(a), by inserting ‘‘and the under the Retired Serviceman’s Family Pro- YEAR 2001.—The Coast Guard is authorized names of those officers recommended to be tection and Survivor Benefit Plans, and pay- an end-of-year strength for active duty per- advanced to the top of the list of selectees ments for medical care of retired personnel sonnel of 36,350 as of September 30, 2001. established by the Secretary under section and their dependents under chapter 55 of (d) TRAINING STUDENT LOADS FOR FISCAL 271(a) of this title’’ after ‘‘promotion’’; and (3) in section 271(a), by inserting at the end title 10, United States Code, such sums as YEAR 2001.—For fiscal year 2001, the Coast therefore the following: ‘‘The names of all may be necessary, to remain available until Guard is authorized average military train- officers approved by the President and rec- expended. ing student loads as follows: (5) For environmental compliance and res- (1) For recruit and special training, 1,500 ommended by the board to be placed at the toration at Coast Guard facilities (other student years. top of the list of selectees shall be placed at (2) For flight training, 100 student years. than parts and equipment associated with the top of the list of selectees in the order of (3) For professional training in military operations and maintenance), $19,500,000, to seniority on the active duty promotion list.’’ and civilian institutions, 300 student years. TITLE III—MARINE SAFETY remain available until expended. (4) For officer acquisition, 1,000 student (6) For alteration or removal of bridges years. SEC. 301. EXTENSION OF TERRITORIAL SEA FOR over navigable waters of the United States VESSEL BRIDGE-TO-BRIDGE RADIO- constituting obstructions to navigation, and TITLE II—PERSONNEL MANAGEMENT TELEPHONE ACT. for personnel and administrative costs asso- SEC. 201. COAST GUARD BAND DIRECTOR RANK. Section 4(b) of the Vessel Bridge-to-Bridge ciated with the Bridge Alteration Program, Section 336(d) of title 14, United States Radio-telephone Act (33 U.S.C. 1203(b)), is $26,000,000, to remain available until ex- Code, is amended by striking ‘‘commander’’ amended by striking ‘‘United States inside pended. and inserting ‘‘captain’’. the lines established pursuant to section 2 of (b) AUTHORIZATION FOR FISCAL YEAR 2001.— SEC. 202. COAST GUARD RESERVE SPECIAL PAY. the Act of February 19, 1895 (28 Stat. 672), as funds are authorized to be appropriated for Section 308d(a) of title 37, United States amended.’’ and inserting ‘‘United States, necessary expenses of the Coast Guard for Code, is amended by inserting ‘‘or the Sec- which includes all waters of the territorial fiscal year 2001, as follows: retary of the Department in which the Coast sea of the United States as described in Pres- (1) For the operation and maintenance of Guard is operating’’ after ‘‘Secretary of De- idential Proclamation 5928 of December 27, the Coast Guard, $2,941,039,000, of which fense’’. 1988.’’. $25,000,000 shall be derived form the Oil Spill SEC. 203. COAST GUARD MEMBERSHIP ON THE SEC. 302. REPORT ON ICEBREAKING SERVICES. Liability Trust Fund. USO BOARD OF GOVERNORS. (a) REPORT.—Not later than 9 months afer (2) For the acquisition, construction, re- Section 1305(b) of title 36, United States the date of enactment of this Act, the Com- building, and improvement of aids to naviga- Code, is amended by redesignating paragraph mandant of the Coast Guard shall submit to

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00109 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5742 CONGRESSIONAL RECORD — SENATE May 20, 1999 the Committee on Commerce, Science, and ing, port safety and security, aids to velopment of Brownfields, and it starts Transportation of the Senate, and the Com- navigation, waterways management, to wind down the Federal role in site mittee on Transportation and Infrastructure and boating safety. This bill will fur- cleanup, while enhancing the role of of the House, a report on the use of WYTL- nish the Coast Guard with funding au- the states. class harbor tugs. The report shall include The bill includes many provisions an analyis of the use of such vessels to per- thority to continue to provide the form icebreaking services; the degree to United States with high quality per- that have enjoyed widespread bipar- which, if any, the decommissioning of each formance of its diverse duties through tisan support in the Senate. The such vessel would result in a degradation of fiscal year 2001. I commend the men Brownfields title will provide $100 mil- current icebreaking services; and in the and women of the Coast Guard who lion in grants for state, tribal and local event that the decommissioning of any such serve their country with honor and dis- governments to identify, assess and re- vessel would result in a significant degrada- tinction. develop Brownfields sites. It protects tion of icebreaking services, recommenda- I believe the bill that we have intro- prospective purchasers of contami- tions to remediate such degradation. nated sites, innocent owners of prop- (b) 9–MONTH WAITING PERIOD.—The Com- duced today is an important first step in providing authorizing legislation for erties adjacent to the source of con- mandant of the Coast Guard shall not plan, tamination, and innocent property implement or finalize any regulation or take the Coast Guard for fiscal years 2000– any other action which would result in the 2001. The funding levels are currently owners who exercised due diligence decommissioning of any WYTL-class harbor based on the Administration’s trans- upon purchase. These provisions have tugs until 9 months after the date of the sub- mitted legislative proposal. However, I been included in past bills supported by mission of the report required by subsection am particularly concerned about the Democrats and Republicans over the (a) of this section. Coast Guard’s ability to continue to last six years. SEC. 303. OIL SPILL LIABILITY TRUST FUND AN- The bill exempts a number of parties fight the war on drugs. The vast major- NUAL REPORT. from Superfund liability and incor- (a) IN GENERAL.—The report regarding the ity of drugs enter our country illegally porates provisions of S. 2180, the Super- Oil Spill Liability Trust Fund required by after being transported over our water- fund Recycling Equity Act of 1998, co- the Conference Report (House Report 101–892) ways. As the primary maritime law en- sponsored last year by Senators LOTT accompanying the Department of Transpor- forcement agency, the Coast Guard has tation and Related Agencies Appropriations and DASCHLE, as well as 64 other mem- proven that it can effectively stop bers of the Senate. Our bill exempts Act, 1991, as that requirement was amended drugs from reaching our streets. In fis- by section 1122 of the Federal Reports small businesses, contributors of very Elmination and Sunset Act of 1995 (26 U.S.C. cal year 1998, the Coast Guard seized small amounts of hazardous waste, and 9509 note), shall no longer be submitted to 82,623 pounds of cocaine and 31,365 contributors of small amounts of mu- Congress. pounds of marijuana. Campaign STEEL nicipal solid waste. The bill limits the (b) REPEAL.—Section 1122 of the Federal WEB, the comprehensive, multi-year liability of larger generators or trans- Reports Elimination and Sunset Act of 1995 strategy to fight the war on drugs de- porters of municipal solid waste, as (26 U.S.C. 9509 note) is amended by— serves full support and funding from well as owners or operators of co-dis- (1) striking subsection (a); and both the Administration and the Con- (2) striking ‘‘(b) REPORT ON JOINT FEDERAL posal landfills where municipal solid AND STATE MOTOR FUEL TAX COMPLIANCE gress. Before the Commerce Committee waste is disposed. The bill limits the li- PROJECT.—’’. concludes its consideration of this bill, ability of so-called de minimis par- SEC. 304. OIL SPILL LIABILITY TRUST FUND; I intend to determine whether the Ad- ties—generally one percent contribu- EMERGENCY FUND BORROWING AU- ministration’s bill will provide an ade- tors or less—as well as municipalities THORITY. quate level of funding for the Coast and small businesses with a limited Section 6002(b) of the Oil Pollution Act of Guard’s drug interdiction activities. I 1990 (33 U.S.C. 2752(b)) is amended after the ability to pay. first sentence by inserting ‘‘To the extent will also seek to ensure that funding is It is well known that Superfund li- that such amount is not adequate for re- spent on the most effective drug inter- ability—retroactive, strict, joint and moval of a discharge or the mitigation or diction programs. several liability—often can be terribly prevention of a substantial threat of a dis- The bill also incorporates several unfair. It does not make any sense to charge, the Coast Guard may borrow from non-controversial provisions included make Superfund liability even more the Fund such sums as may be necessary, up in the Administration’s bill which unfair to the parties who do not receive to a maximum of $100,000,000, and within 30 would provide for a variety of improve- liability relief in this bill by merely days shall notify Congress of the amount ments for the day-to-day operation of borrowed and the facts and circumstances shifting the share of the exempt or lim- necessitating the loan. Amounts borrowed the Coast Guard. I look forward to ited parties onto those that remain lia- shall be repaid to the Fund when, and to the working with Senator SNOWE and other ble. This bill does not do that. Instead, extent that removal costs are recovered by members of the Commerce Committee where we grant liability relief, we di- the Coast Guard from responsible parties for during the Senate’s consideration of rect EPA to use the taxes already col- the discharge or substantial threat of dis- the Coast Guard Authorization Act of lected from industry to pay the cost of charge.’’. 1999. the exemptions. This seems only fair. Mr. MCCAIN. Mr. President, I want The bill also requires EPA to perform to express my strong support for the By Mr. CHAFEE (for himself, Mr. an impartial fair-share allocation at Coast Guard Authorization Act of 1999. SMITH of New Hampshire, and Superfund NPL sites and to give all I would like to commend Senator Mr. LOTT): parties an opportunity to settle for SNOWE, the Chair of the Commerce S. 1090. A bill to reauthorize and their allocated amount. In performing Subcommittee on Oceans and Fish- amend the Comprehensive Environ- the allocation, EPA is directed to use eries, for her leadership on Coast Guard mental Response, Liability, and Com- the factors first proposed by Vice issues. Earlier in the year, Senator pensation Act of 1980; to the Com- President GORE when he was serving in SNOWE convened a hearing on the Coast mittee on Environment and Public the House. EPA is given discretion to Guard’s fiscal year 2000 budget request. Works. design the process, and parties that do The Commandant of the Coast Guard THE SUPERFUND PROGRAM COMPLETION ACT OF not participate or settle remain liable testified at the hearing and explained 1999 to Superfund’s underlying liability pro- the priorities and challenges that the Mr. CHAFEE. Mr. President, I rise visions, which remain unchanged ex- Coast Guard will face in the coming today to introduce the Superfund Pro- cept for those fortunate parties pro- years and the ways that the agency gram Completion Act of 1999. This bill vided the new protections noted above. will handle them. represents our efforts to focus on the As EPA proudly boasts, cleanup is The Coast Guard is a branch of the areas where bipartisan consensus is complete or underway at over 90 per- armed forces and a multi-mission agen- achievable this year. The bill provides cent of the sites on the current NPL. cy. The Coast Guard is responsible for liability relief for many parties While it is cleaning up the sites at a our national defense, search and rescue trapped in Superfund—in fact, it ex- rate of 85 per year, it has listed only an services on our nation’s waterways, empts or limits the liability of the vast average of about 26 per year. Last year, maritime law enforcement, including bulk of all parties involved in Super- the General Accounting Office sur- drug interdiction and environmental fund litigation. The bill includes very veyed the states and EPA about the ap- protection, marine inspection, licens- strong provisions to facilitate the rede- proximately 3,000 sites identified as

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00110 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 20, 1999 CONGRESSIONAL RECORD — SENATE S5743 possible National Priority List sites, sive reform of the Superfund program. (b) TABLE OF CONTENTS.—The table of con- but not yet listed. Only 232 of these We have not abandoned that goal. How- tents of this Act is as follows: sites were identified by either EPA, a ever, in many ways, the bill we intro- Sec. 1. Short title; table of contents. state, or both, as likely to be listed on duce today is more far-reaching than TITLE I—BROWNFIELDS the NPL. Clearly, this program is much our efforts in the last two Congresses. REVITALIZATION closer to the end than in the beginning. Except for the liability provisions de- Sec. 101. Brownfields. This bill requires EPA to plan how it scribed above, the major focus of this Sec. 102. Contiguous properties. will proceed at those 3,000 sites still bill is how to address sites not yet in Sec. 103. Prospective purchasers and wind- fall liens. awaiting a decision regarding listing. the federal Superfund program. The Sec. 104. Safe harbor innocent landholders. Everyone knows that the vast bulk of Superfund Program Completion Act ad- TITLE II—STATE RESPONSE PROGRAMS these sites will not be listed on the dresses the future of the Superfund program. Sec. 201. State response programs. Superfund List, they will be cleaned up Sec. 202. National priorities list completion. by the states, as the GAO report con- The major reforms included in our Sec. 203. Federal emergency removal au- firms. Under our bill, new listings on previous efforts are not a part of the thority. the National Priority List must be re- new bill. This bill does not address li- Sec. 204. State cost share. quested by the Governor of the affected ability for damages to natural re- TITLE III—FAIR SHARE LIABILITY state, and EPA is limited to listing 30 sources. The bill does not include li- ALLOCATIONS AND PROTECTIONS sites per year. ability relief for large responsible par- Sec. 301. Liability exemptions and limita- The bill provides finality at sites ties, such as federal funding of the fair tions. cleaned up in state cleanup programs shares attributed to bankrupt, defunct Sec. 302. Expedited settlement for certain unless a state asks for help, fails to and insolvent parties. The bill does not parties. take action, or a true emergency is make changes to Superfund’s provi- Sec. 303. Fair share settlements and statu- tory orphan shares. present. This will give greater con- sions regarding the conduct of clean- fidence to prospective developers that ups. TITLE IV—FUNDING state cleanup decisions will not be sec- I still believe reforms are needed for Sec. 401. Uses of Hazardous Substance ond-guessed by EPA. The bill strength- natural resource damages, liability for Superfund. ens state programs and starts to bring large responsible parties, and the TITLE I—BROWNFIELDS REVITALIZATION Superfund to an end. cleanup process. Unfortunately, the ad- SEC. 101. BROWNFIELDS. The bill makes EPA’s authorization ministration no longer supports legis- Title I of the Comprehensive Environ- and appropriation process more trans- lative reform in these areas. Even in mental Response, Compensation, and Liabil- parent. There are separate line items previous years, when the administra- ity Act of 1980 (42 U.S.C. 9601 et seq.) is amended by adding at the end the following: for EPA’s cleanup program—the heart tion claimed to support such reforms, ‘‘SEC. 127. BROWNFIELDS. of the program—and all other activi- agreement was not possible. Given the remote prospects for concurrence on ‘‘(a) DEFINITIONS.—In this section: ties such as Brownfields, support for ‘‘(1) BROWNFIELD FACILITY.— these issues, Senator SMITH and I de- research and development, Department ‘‘(A) IN GENERAL.—The term ‘brownfield fa- of Justice enforcement, et cetera. No cided to set the issues aside for now cility’ means real property, the expansion or longer will increases in popular pro- and move forward with an agenda that redevelopment of which is complicated by grams such as Brownfields come at the we believe can generate bipartisan sup- the presence or potential presence of a haz- expense of the cleanup program. Au- port. ardous substance. thorization levels for the cleanup rec- I cannot understand why anyone ‘‘(B) EXCLUSIONS.—The term ‘brownfield fa- would fail to support this bill. It will cility’ does not include— ognize that the program’s workload is ‘‘(i) any portion of real property that, as of decreasing and will ramp down over accelerate Brownfields redevelopment. It will strengthen state programs in the date of submission of an application for time. assistance under this section, is the subject The bill allows the program to be anticipation of the day we all know is of an ongoing removal under title I; funded from either general revenues or coming—the day when the Superfund ‘‘(ii) any portion of real property that has the Trust Fund. It is my view that the program becomes the small emergency been listed on the National Priorities List or Superfund taxes should not be reim- program that was originally intended. is proposed for listing as of the date of the posed, and I will strongly oppose their It limits or eliminates the liability of submission of an application for assistance reimposition absent comprehensive many parties who were caught in Su- under this section; ‘‘(iii) any portion of real property with re- Superfund reform that includes needed perfund’s incredibly broad liability net, and it does so in a manner that is fair spect to which cleanup work is proceeding in improvements to provisions governing substantial compliance with the require- natural resource damages, liability, to those that are left. It does not un- ments of an administrative order on consent, and the cleanup process. To the extent dermine the so-called ‘‘polluter pays’’ or judicial consent decree that has been en- that EPA improves its cost recovery principle, but in fact strengthens it by tered into, or a permit issued by, the United performance and the Trust Fund bal- creating an incentive for EPA to im- States or a duly authorized State under this ance exceeds levels needed to fund the prove its cost recovery performance. Act, the Solid Waste Disposal Act (42 U.S.C. liability relief provided in this bill, The committee will move forward 6901 et seq.), section 311 of the Federal Water quickly on this bill. The committee Pollution Control Act (33 U.S.C. 1321), the then that balance, instead of general Toxic Substances Control Act (15 U.S.C. 2601 revenues, can be used for Superfund will hold hearings on the bill next week. We will work through the Memo- et seq.), or the Safe Drinking Water Act (42 cleanup. U.S.C. 300f et seq.); It is possible that EPA can recover rial Day recess to address Members’ ‘‘(iv) a land disposal unit with respect to enough past cleanup expenditures to concerns, then hold a markup within 10 which— pay for the full 5-year reauthorization days of returning from the recess. The ‘‘(I) a closure notification under subtitle C program. Since the program’s incep- bill will be ready for floor action prior of the Solid Waste Disposal Act (42 U.S.C. tion, EPA has spent approximately to the July Fourth recess. 6921 et seq.) has been submitted; and ‘‘(II) closure requirements have been speci- $15.9 billion on cleanup, the vast major- Mr. President, I ask unanimous con- sent that the text of the bill be printed fied in a closure plan or permit; ity of it from industry-paid Superfund ‘‘(v) a facility that is owned or operated by taxes deposited in the Trust Fund. Un- in the RECORD. There being no objection, the bill was a department, agency, or instrumentality of fortunately, EPA has only recovered the United States; or ordered to be printed in the RECORD, as $2.4 billion of this total. Even dis- ‘‘(vi) a portion of a facility, for which por- follows: counting nearly $6.9 billion in expendi- tion, assistance for response activity has tures that have been written-off by S. 1090 been obtained under subtitle I of the Solid EPA or are no longer considered recov- Be it enacted by the Senate and House of Rep- Waste Disposal Act (42 U.S.C. 6991 et seq.) resentatives of the United States of America in from the Leaking Underground Storage erable, there is approximately $6.6 bil- Congress assembled, Tank Trust Fund established under section lion that EPA could recover for the SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 9508 of the Internal Revenue Code of 1986. Trust Fund. (a) SHORT TITLE.—This Act may be cited as ‘‘(C) FACILITIES OTHER THAN BROWNFIELD It is well known that Senator SMITH the ‘‘Superfund Program Completion Act of FACILITIES.—That a facility may not be a and I have long advocated comprehen- 1999’’. brownfield facility within the meaning of

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00111 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5744 CONGRESSIONAL RECORD — SENATE May 20, 1999 subparagraph (A) has no effect on the eligi- graph (A) based on the anticipated level of velopment of the area in which the bility of the facility for assistance under any contamination, size, or status of ownership brownfield facilities are located. provision of Federal law other than this sec- of the facility. ‘‘(B) The potential of the development plan tion. ‘‘(2) PROHIBITION.— for the area in which the brownfield facili- ‘‘(2) ELIGIBLE ENTITY.— ‘‘(A) IN GENERAL.—No part of a grant under ties are located to stimulate economic devel- ‘‘(A) IN GENERAL.—The term ‘eligible enti- this section may be used for payment of pen- opment of the area on completion of the ty’ means— alties, fines, or administrative costs. cleanup, such as the following: ‘‘(i) a general purpose unit of local govern- ‘‘(B) EXCLUSIONS.—For the purposes of sub- ‘‘(i) The relative increase in the estimated ment; paragraph (A), the term ‘administrative cost’ fair market value of the area as a result of ‘‘(ii) a land clearance authority or other does not include the cost of— any necessary response action. quasi-governmental entity that operates ‘‘(i) investigation and identification of the ‘‘(ii) The demonstration by applicants of under the supervision and control of or as an extent of contamination; the intent and ability to create new or ex- agent of a general purpose unit of local gov- ‘‘(ii) design and performance of a response pand existing business, employment, recre- ernment; action; or ation, or conservation opportunities on com- ‘‘(iii) a government entity created by a ‘‘(iii) monitoring of natural resources. pletion of any necessary response action. State legislature; ‘‘(3) AUDITS.—The Inspector General of the ‘‘(iii) If commercial redevelopment is ‘‘(iv) a regional council or group of general Environmental Protection Agency shall con- planned, the estimated additional full-time purpose units of local government; duct such reviews or audits of grants under employment opportunities and tax revenues ‘‘(v) a redevelopment agency that is char- this section as the Inspector General con- expected to be generated by economic rede- tered or otherwise sanctioned by a State; siders necessary to carry out the objectives velopment in the area in which a brownfield ‘‘(vi) a State; and of this section. Audits shall be conducted in facility is located. ‘‘(vii) an Indian Tribe. accordance with the auditing procedures of ‘‘(iv) The estimated extent to which a ‘‘(B) EXCLUSION.—The term ‘eligible entity’ the General Accounting Office, including grant would facilitate the identification of does not include any entity that is not in chapter 75 of title 31, United States Code. or facilitate a reduction of health and envi- substantial compliance with the require- ‘‘(4) LEVERAGING.—An eligible entity that ronmental risks. ments of an administrative order on consent, receives a grant under this section may use ‘‘(v) The financial involvement of the judicial consent decree that has been entered the funds for part of a project at a brownfield State and local government in any response into, or a permit issued by, the United facility for which funding is received from action planned for a brownfield facility and States or a duly authorized State under this other sources, but the grant shall be used the extent to which the response action and Act, the Solid Waste Disposal Act (42 U.S.C. only for the purposes described in subsection the proposed redevelopment is consistent 6901 et seq.), the Federal Water Pollution (b) or (c). with any applicable State or local commu- Control Act (33 U.S.C. 1251 et seq.), the Toxic ‘‘(5) AGREEMENTS.—Each grant made under nity economic development plan. Substances Control Act (15 U.S.C. 2601 et this section shall be subject to an agreement ‘‘(vi) The extent to which the site charac- seq.), or the Safe Drinking Water Act (42 that— terization and assessment or response action U.S.C. 300f et seq.) with respect to any por- ‘‘(A) requires the eligible entity to comply and subsequent development of a brownfield tion of real property that is the subject of with all applicable State laws (including reg- facility involves the active participation and the administrative order on consent, judicial ulations); support of the local community. consent decree, or permit. ‘‘(B) requires that the eligible entity shall ‘‘(vii) Such other factors as the Adminis- ‘‘(3) SECRETARY.—The term ‘Secretary’ use the grant exclusively for purposes speci- trator considers appropriate to carry out the means the Secretary of Housing and Urban fied in subsection (b) or (c); purposes of this section. Development. ‘‘(C) in the case of an application by an eli- ‘‘(C) The extent to which a grant will en- ‘‘(b) BROWNFIELD SITE CHARACTERIZATION gible entity under subsection (c), requires able the creation of or addition to parks, AND ASSESSMENT GRANT PROGRAM.— payment by the eligible entity of a matching greenways, or other recreational property. ‘‘(1) ESTABLISHMENT OF PROGRAM.—The Ad- share (which may be in the form of a con- ‘‘(D) The extent to which a grant will meet ministrator shall establish a program to pro- tribution of labor, material, or services) of at the needs of a community that has an inabil- vide grants for the site characterization and least 20 percent of the costs of the response ity to draw on other sources of funding for assessment of brownfield facilities. action for which the grant is made, is from environmental remediation and subsequent ‘‘(2) ASSISTANCE FOR SITE CHARACTERIZA- non-Federal sources of funding. redevelopment of the area in which a TION AND ASSESSMENT AND RESPONSE AC- ‘‘(D) contains such other terms and condi- brownfield facility is located because of the TIONS.— tions as the Administrator determines to be small population or low income of the com- ‘‘(A) IN GENERAL.—On approval of an appli- necessary to carry out this section. munity.’’. cation made by an eligible entity, the Ad- ministrator may make grants to the eligible ‘‘(e) GRANT APPLICATIONS.— SEC. 102. CONTIGUOUS PROPERTIES. entity to be used for the site characteriza- ‘‘(1) SUBMISSION.— (a) IN GENERAL.—Section 107 of the Com- tion and assessment of 1 or more brownfield ‘‘(A) IN GENERAL.—Any eligible entity may prehensive Environmental Response, Com- facilities. submit an application to the Administrator, pensation, and Liability Act of 1980 (42 ‘‘(B) SITE CHARACTERIZATION AND ASSESS- through a regional office of the Environ- U.S.C. 9607(a)) is amended by adding at the MENT.—A site characterization and assess- mental Protection Agency and in such form end the following: ment carried out with the use of a grant as the Administrator may require, for a ‘‘(o) CONTIGUOUS PROPERTIES.— under subparagraph (A)— grant under this section for 1 or more ‘‘(1) NOT CONSIDERED TO BE AN OWNER OR OP- ‘‘(i) shall be performed in accordance with brownfield facilities. ERATOR.— section 101(35)(B); and ‘‘(B) COORDINATION.—In developing applica- ‘‘(A) IN GENERAL.—A person that owns or ‘‘(ii) may include a process to identify and tion requirements, the Administrator shall operates real property that is contiguous to inventory potential brownfield facilities. coordinate with the Secretary and other or otherwise similarly situated with respect ‘‘(c) BROWNFIELD REMEDIATION GRANT PRO- Federal agencies and departments, such that to real property on which there has been a GRAM.— eligible entities under this section are made release or threatened release of a hazardous ‘‘(1) ESTABLISHMENT OF PROGRAM.—In con- aware of other available Federal resources. substance and that is or may be contami- sultation with the Secretary, the Adminis- ‘‘(C) GUIDANCE.—The Administrator shall nated by the release shall not be considered trator shall establish a program to provide publish guidance to assist eligible entities in to be an owner or operator of a vessel or fa- grants to be used for response actions (ex- obtaining grants under this section. cility under paragraph (1) or (2) of subsection cluding site characterization and assess- ‘‘(2) APPROVAL.—The Administrator, in (a) solely by reason of the contamination if— ment) at 1 or more brownfield facilities. consultation with the Secretary, shall make ‘‘(i) the person did not cause, contribute, ‘‘(2) ASSISTANCE FOR RESPONSE ACTIONS.— an annual evaluation of each application re- or consent to the release or threatened re- On approval of an application made by an el- ceived during the prior fiscal year and make lease; igible entity, the Administrator, in consulta- grants under this section to eligible entities ‘‘(ii) the person is not affiliated through tion with the Secretary, may make grants to that submit applications during the prior any familial or corporate relationship with the eligible entity to be used for response ac- year and that the Administrator, in con- any person that is or was a party potentially tions (excluding site characterization and as- sultation with the Secretary, determines responsible for response costs at the facility; sessment) at 1 or more brownfield facilities. have the highest rankings under the ranking and ‘‘(d) GENERAL PROVISIONS.— criteria established under paragraph (3). ‘‘(iii) the person exercised appropriate care ‘‘(1) MAXIMUM GRANT AMOUNT.— ‘‘(3) RANKING CRITERIA.—The Adminis- with respect to each hazardous substance ‘‘(A) IN GENERAL.—The total of all grants trator, in consultation with the Secretary, found at the facility by taking reasonable under subsections (b) and (c) shall not ex- shall establish a system for ranking grant steps to stop any continuing release, prevent ceed, with respect to any individual applications that includes the following cri- any threatened future release and prevent or brownfield facility covered by the grants, teria: limit human or natural resource exposure to $350,000. ‘‘(A) The extent to which a grant will stim- any previously released hazardous substance. ‘‘(B) WAIVER.—The Administrator may ulate the availability of other funds for envi- ‘‘(B) GROUND WATER.—With respect to haz- waive the $350,000 limitation under subpara- ronmental remediation and subsequent rede- ardous substances in ground water beneath a

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00112 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 20, 1999 CONGRESSIONAL RECORD — SENATE S5745

person’s property solely as a result of sub- SEC. 103. PROSPECTIVE PURCHASERS AND WIND- ‘‘(3) CONDITIONS.—The conditions referred surface migration in an aquifer from a FALL LIENS. to in paragraph (1) are the following: source or sources outside the property, ap- (a) DEFINITION OF BONA FIDE PROSPECTIVE ‘‘(A) RESPONSE ACTION.—A response action propriate care shall not require the person to PURCHASER.—Section 101 of the Comprehen- for which there are unrecovered costs is car- conduct ground water investigations or to sive Environmental Response, Compensa- ried out at the facility. install ground water remediation systems. tion, and Liability Act of 1980 (42 U.S.C. 9601) ‘‘(B) FAIR MARKET VALUE.—The response ‘‘(2) COOPERATION, ASSISTANCE, AND AC- is amended by adding at the end the fol- action increases the fair market value of the CESS.—A party described in paragraph (1) lowing: facility above the fair market value of the may be considered an owner or operator of a ‘‘(39) BONA FIDE PROSPECTIVE PURCHASER.— facility that existed 180 days before the re- vessel or facility under paragraph (1) or (2) of The term ‘bona fide prospective purchaser’ sponse action was initiated. subsection (a) if the party has failed to sub- means a person that acquires ownership of a ‘‘(C) SALE.—A sale or other disposition of stantially comply with the requirement stat- facility after the date of enactment of this all or a portion of the facility has occurred. ed in section 122(p)(2)(H) with respect to the paragraph, or a tenant of such a person, that ‘‘(4) AMOUNT.—A lien under paragraph (2)— facility. establishes each of the following by a pre- ‘‘(A) shall not exceed the increase in fair ponderance of the evidence: ‘‘(3) ASSURANCES.—The Administrator market value of the property attributable to may— ‘‘(A) DISPOSAL PRIOR TO ACQUISITION.—All the response action at the time of a subse- ‘‘(A) issue an assurance that no enforce- deposition of hazardous substances at the fa- quent sale or other disposition of the prop- ment action under this Act will be initiated cility occurred before the person acquired erty; against a person described in paragraph (1); the facility. ‘‘(B) shall arise at the time at which costs and ‘‘(B) INQUIRIES.— are first incurred by the United States with ‘‘(B) grant a person described in paragraph ‘‘(i) IN GENERAL.—The person made all ap- respect to a response action at the facility; (1) protection against a cost recovery or con- propriate inquiries into the previous owner- ‘‘(C) shall be subject to the requirements of tribution action under section 113(f).’’. ship and uses of the facility and the facility’s subsection (l)(3); and real property in accordance with generally ‘‘(D) shall continue until the earlier of sat- (b) NATIONAL PRIORITIES LIST.— accepted good commercial and customary isfaction of the lien or recovery of all re- (1) IN GENERAL.—Section 105 of the Com- standards and practices. sponse costs incurred at the facility.’’. prehensive Environmental Response, Com- ‘‘(ii) STANDARDS AND PRACTICES.—The SEC. 104. SAFE HARBOR INNOCENT LAND- pensation, and Liability Act of 1980 (42 standards and practices referred to in para- HOLDERS. U.S.C. 9605) is amended— graph (35)(B)(ii) or those issued or adopted by (a) AMENDMENT.—Section 101(35) of the (A) in subsection (a)(8)— the Administrator under that paragraph Comprehensive Environmental Response, (i) in subparagraph (B), by inserting ‘‘and’’ shall be considered to satisfy the require- Compensation, and Liability Act of 1980 (42 after the semicolon at the end; and ments of this subparagraph. U.S.C. 9601(35)) is amended— (ii) by adding at the end the following: ‘‘(iii) RESIDENTIAL USE.—In the case of (1) in subparagraph (A)— ‘‘(C) provision that in listing a facility on property for residential or other similar use (A) in the matter that precedes clause (i), the National Priorities List, the Adminis- purchased by a nongovernmental or non- by striking ‘‘deeds or’’ and inserting ‘‘deeds, trator shall not include any parcel of real commercial entity, a facility inspection and easements, leases, or’’; and property at which no release has actually oc- title search that reveal no basis for further (B) in the matter that follows clause (iii)— curred, but to which a released hazardous investigation shall be considered to satisfy (i) by striking ‘‘he’’ and inserting ‘‘the de- substance, pollutant, or contaminant has mi- the requirements of this subparagraph. fendant’’; and grated in ground water that has moved ‘‘(C) NOTICES.—The person provided all le- (ii) by striking the period at the end and through subsurface strata from another par- gally required notices with respect to the inserting ‘‘, has provided full cooperation, cel of real estate at which the release actu- discovery or release of any hazardous sub- assistance, and facility access to the persons ally occurred, unless— stances at the facility. that are responsible for response actions at ‘‘(i) the ground water is in use as a public ‘‘(D) CARE.—The person exercised appro- the facility, including the cooperation and drinking water supply or was in such use at priate care with respect to each hazardous access necessary for the installation, integ- the time of the release; and substance found at the facility by taking rity, operation, and maintenance of any ‘‘(ii) the owner or operator of the facility is reasonable steps to stop any continuing re- complete or partial response action at the fa- liable, or is affiliated with any other person lease, prevent any threatened future release cility, and has taken no action that impeded that is liable, for any response costs at the and prevent or limit human or natural re- the effectiveness or integrity of any institu- facility, through any direct or indirect fa- source exposure to any previously released tional control employed under section 121 at milial relationship, or any contractual, cor- hazardous substance. the facility.’’; and porate, or financial relationship other than ‘‘(E) COOPERATION, ASSISTANCE, AND AC- (2) by striking subparagraph (B) and insert- that created by the instruments by which CESS.—The person has not failed to substan- ing the following: title to the facility is conveyed or fi- tially comply with the requirement stated in ‘‘(B) REASON TO KNOW.— nanced.’’; and section 122(p)(2)(H) with respect to the facil- ‘‘(i) ALL APPROPRIATE INQUIRIES.—To estab- (B) by adding at the end the following: ity. lish that the defendant had no reason to know of the matter described in subpara- ‘‘(h) LISTING OF PARTICULAR PARCELS.— ‘‘(F) NO AFFILIATION.—The person is not af- graph (A)(i), the defendant must show that— ‘‘(1) DEFINITION.—In subsection (a)(8)(C) filiated through any familial or corporate re- ‘‘(I) at or prior to the date on which the de- and paragraph (2) of this subsection, the lationship with any person that is or was a fendant acquired the facility, the defendant term ‘parcel of real property’ means a parcel, party potentially responsible for response undertook all appropriate inquiries into the lot, or tract of land that has a separate legal costs at the facility.’’. previous ownership and uses of the facility in description from that of any other parcel, (b) AMENDMENT.—Section 107 of the Com- accordance with generally accepted good lot, or tract of land the legal description and prehensive Environmental Response, Com- commercial and customary standards and ownership of which has been recorded in ac- pensation, and Liability Act of 1980 (42 practices; and cordance with the law of the State in which U.S.C. 9607) (as amended by section 102) is ‘‘(II) the defendant exercised appropriate it is located. amended by adding at the end the following: ‘‘(p) PROSPECTIVE PURCHASER AND WIND- care with respect to each hazardous sub- ‘‘(2) STATUTORY CONSTRUCTION.—Nothing in FALL LIEN.— stance found at the facility by taking rea- subsection (a)(8)(C) limits the Administra- ‘‘(1) LIMITATION ON LIABILITY.—Notwith- sonable steps to stop any continuing release, tor’s authority under section 104 to obtain standing subsection (a), a bona fide prospec- prevent any threatened future release and access to and undertake response actions at tive purchaser whose potential liability for a prevent or limit human or natural resource any parcel of real property to which a re- release or threatened release is based solely exposure to any previously released haz- leased hazardous substance, pollutant, or on the purchaser’s being considered to be an ardous substance. contaminant has migrated in the ground owner or operator of a facility shall not be ‘‘(ii) STANDARDS AND PRACTICES.—The Ad- water.’’. liable as long as the bona fide prospective ministrator shall by regulation establish as (2) REVISION OF NATIONAL PRIORITIES purchaser does not impede the performance standards and practices for the purpose of LIST.—Not later than 180 days after the date of a response action or natural resource res- clause (i)— of enactment of this Act, the President shall toration. ‘‘(I) the American Society for Testing and revise the National Priorities List to con- ‘‘(2) LIEN.—If there are unrecovered re- Materials (ASTM) Standard E1527–94, enti- form with the amendments made by para- sponse costs at a facility for which an owner tled ‘Standard Practice for Environmental graph (1). of the facility is not liable by reason of sub- Site Assessments: Phase I Environmental (c) CONFORMING AMENDMENT.—Section section (n)(1) and each of the conditions de- Site Assessment Process’; or 107(a) of the Comprehensive Environmental scribed in paragraph (3) is met, the United ‘‘(II) alternative standards and practices Response, Compensation, and Liability Act States shall have a lien on the facility, or under clause (iii). of 1980 (42 U.S.C. 9607) is amended by striking may obtain from appropriate responsible ‘‘(iii) ALTERNATIVE STANDARDS AND PRAC- ‘‘of this section’’ and inserting ‘‘and the ex- party a lien on any other property or other TICES.— emptions and limitations stated in this sec- assurances of payment satisfactory to the ‘‘(I) IN GENERAL.—The Administrator may tion’’. Administrator, for such unrecovered costs. by regulation issue alternative standards

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00113 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5746 CONGRESSIONAL RECORD — SENATE May 20, 1999 and practices or designate standards devel- TITLE II—STATE RESPONSE PROGRAMS use any authority under this Act to take an oped by other organizations than the Amer- SEC. 201. STATE RESPONSE PROGRAMS. enforcement action against any person re- ican Society for Testing and Materials after (a) DEFINITIONS.—Section 101 of the Com- garding any matter that is within the scope conducting a study of commercial and indus- prehensive Environmental Response, Com- of a response action that is being conducted trial practices concerning the transfer of pensation, and Liability Act of 1980 (42 or has been completed under State law. real property in the United States. U.S.C. 9601) (as amended by section 103(a)) is ‘‘(B) EXCEPTIONS.—The President may ‘‘(II) CONSIDERATIONS.—In issuing or desig- amended by adding at the end the following: bring an enforcement action under this Act with respect to a facility described in sub- nating alternative standards and practices ‘‘(40) FACILITY SUBJECT TO STATE CLEAN- paragraph (A) if— under subclause (I), the Administrator shall UP.—The term ‘facility subject to State consider including each of the following: cleanup’ means a facility that— ‘‘(i) the enforcement action is authorized ‘‘(aa) The results of an inquiry by an envi- ‘‘(A) is not listed or proposed for listing on under section 104; ronmental professional. the National Priorities List; and ‘‘(ii) the State requests that the President provide assistance in the performance of a ‘‘(bb) Interviews with past and present ‘‘(B)(i) has been archived from the Com- response action and that the enforcement owners, operators, and occupants of the fa- prehensive Environmental Response, Com- bar in subparagraph (A) be lifted; cility and the facility’s real property for the pensation, and Liability Information Sys- ‘‘(iii) at a facility at which response activi- purpose of gathering information regarding tem; ties are ongoing the Administrator— the potential for contamination at the facil- ‘‘(ii) was included on the Comprehensive ‘‘(I) makes a written determination that ity and the facility’s real property. Environmental Response, Compensation, and the State is unwilling or unable to take ap- ‘‘(cc) Reviews of historical sources, such as Liability Information System before the propriate action, after the Administrator has chain of title documents, aerial photographs, date of enactment of this section and is not provided the Governor notice and an oppor- building department records, and land use listed or proposed for listing on the National tunity to cure; and records to determine previous uses and occu- Priorities List within 2 years after the date ‘‘(II) the Administrator determines that pancies of the real property since the prop- of enactment of this section; or the release or threat of release constitutes a erty was first developed. ‘‘(iii) is added to the Comprehensive Envi- public health or environmental emergency ‘‘(dd) Searches for recorded environmental ronmental Response, Compensation, and Li- under section 104(a)(4); cleanup liens, filed under Federal, State, or ability Information System after the date of ‘‘(iv) the Administrator determines that local law, against the facility or the facili- enactment of this section, if at least 2 years contamination has migrated across a State ty’s real property. have elapsed since the earlier of— line, resulting in the need for further re- ‘‘(ee) Reviews of Federal, State, and local ‘‘(I) inclusion of the facility on the Com- sponse action to protect human health or the government records (such as waste disposal prehensive Environmental Response, Com- environment; or records), underground storage tank records, pensation, and Liability Information Sys- ‘‘(v) in the case of a facility at which all and hazardous waste handling, generation, tem; or response actions have been completed, the treatment, disposal, and spill records, con- ‘‘(II) issuance at the facility of an order Administrator— cerning contamination at or near the facility under section 106(a). ‘‘(I) makes a written determination that or the facility’s real property. ‘‘(41) QUALIFYING STATE RESPONSE PRO- the State is unwilling or unable to take ap- ‘‘(ff) Visual inspections of the facility and GRAM.—The term ‘qualifying State response propriate action, after the Administrator has facility’s real property and of adjoining program’ means a State program that in- provided the Governor notice and an oppor- properties. cludes the elements described in section tunity to cure; and ‘‘(gg) Specialized knowledge or experience 128(b).’’. ‘‘(II) makes a written determination that on the part of the defendant. (b) QUALIFYING STATE RESPONSE PRO- the facility presents a substantial risk that ‘‘(hh) The relationship of the purchase GRAMS.—Title I of the Comprehensive Envi- requires further remediation to protect price to the value of the property if the prop- ronmental Response, Compensation, and Li- human health or the environment, as evi- erty was uncontaminated. ability Act of 1980 (42 U.S.C. 9601 et seq.) (as denced by— ‘‘(ii) Commonly known or reasonably as- amended by section 101(a)) is amended by ‘‘(aa) newly discovered information regard- certainable information about the property. adding at the end the following: ing contamination at the facility; ‘‘(jj) The degree of obviousness of the pres- ‘‘SEC. 128. QUALIFYING STATE RESPONSE PRO- ‘‘(bb) the discovery that fraud was com- ence or likely presence of contamination at GRAMS. mitted in demonstrating attainment of the property, and the ability to detect such ‘‘(a) ASSISTANCE TO STATES.—The Adminis- standards at the facility; or contamination by appropriate investigation. trator shall provide grants to States to es- ‘‘(cc) a failure of the remedy under the ‘‘(iv) SITE INSPECTION AND TITLE SEARCH.— tablish and expand qualifying State response State remedial action plan or a change in In the case of property for residential use or programs that include the elements listed in land use giving rise to a clear threat of expo- other similar use purchased by a nongovern- subsection (b). sure. mental or noncommercial entity, a facility ‘‘(b) ELEMENTS.—The elements of a quali- ‘‘(C) EPA NOTIFICATION.— inspection and title search that reveal no fying State response program are the fol- ‘‘(i) IN GENERAL.—In the case of a facility basis for further investigation shall be con- lowing: at which there is a release or threatened re- sidered to satisfy the requirements of this ‘‘(1) Oversight and enforcement authorities lease of a hazardous substance, pollutant, or subparagraph.’’. or other mechanisms that are adequate to contaminant and for which the Adminis- ensure that— trator intends to undertake an administra- (b) STANDARDS AND PRACTICES.— ‘‘(A) response actions will protect human tive or enforcement action, the Adminis- (1) ESTABLISHMENT BY REGULATION.—The health and the environment and be con- trator, prior to taking the administrative or Administrator of the Environmental Protec- ducted in accordance with applicable Federal enforcement action, shall notify the State of tion Agency shall issue the regulation re- and State law; and the action the Administrator intends to take quired by section 101(35)(B)(ii) of the Com- ‘‘(B) in the case of a voluntary response ac- and wait for an acknowledgment from the prehensive Environmental Response, Com- tion, if the person conducting the voluntary State under clause (ii). pensation, and Liability Act of 1980 (as added response action fails to complete the nec- ‘‘(ii) STATE RESPONSE.—Not later than 48 by subsection (a)) not later than 1 year after essary response activities, including oper- hours after receiving a notice from the Ad- the date of enactment of this Act. ation and maintenance or long-term moni- ministrator under clause (i), the State shall (2) INTERIM STANDARDS AND PRACTICES.— toring activities, the necessary response ac- notify the Administrator if the facility is Until the Administrator issues the regula- tivities are completed. currently or has been subject to a State re- tion described in paragraph (1), in making a ‘‘(2) Adequate opportunities for public par- medial action plan. determination under section 101(35)(B)(i) of ticipation, including prior notice and oppor- ‘‘(iii) PUBLIC HEALTH OR ENVIRONMENTAL the Comprehensive Environmental Response, tunity for comment in appropriate cir- EMERGENCY.—If the Administrator finds that Compensation, and Liability Act of 1980 (as cumstances, in selecting response actions. a release or threatened release constitutes a added by subsection (a)), there shall be taken ‘‘(3) Mechanisms for approval of a response public health or environmental emergency into account— action plan, or a requirement for certifi- under section 104(a)(4), the Administrator (A) any specialized knowledge or experi- cation or similar documentation from the may take appropriate action immediately ence on the part of the defendant; State to the person conducting a response after giving notification under clause (i) (B) the relationship of the purchase price action indicating that the response is com- without waiting for State acknowledgment. to the value of the property if the property plete. ‘‘(2) COST OR DAMAGE RECOVERY ACTIONS.— was uncontaminated; ‘‘(c) ENFORCEMENT IN CASES OF A RELEASE Paragraph (1) shall not apply to an action (C) commonly known or reasonably ascer- SUBJECT TO A STATE PLAN.— brought by a State, Indian Tribe, or general tainable information about the property; ‘‘(1) ENFORCEMENT.— purpose unit of local government for the re- (D) the degree of obviousness of the pres- ‘‘(A) IN GENERAL.—Except as provided in covery of costs or damages under this Act. ence or likely presence of contamination at subparagraph (B), in the case of a release or ‘‘(3) SAVINGS PROVISION.— the property; and threatened release of a hazardous substance ‘‘(A) EXISTING AGREEMENTS.—A memo- (E) the ability to detect the contamination at a facility subject to State cleanup, nei- randum of agreement, memorandum of un- by appropriate investigation. ther the President nor any other person may derstanding, or similar agreement between

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00114 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 20, 1999 CONGRESSIONAL RECORD — SENATE S5747 the President and a State or Indian tribe de- ‘‘(i) the remedial action; and pacity of an official, employee, or agent of fining Federal and State or tribal response ‘‘(ii) operation and maintenance costs. any entity described in subparagraph (A) in action responsibilities that was in effect as ‘‘(B) ACTIVITIES WITH RESPECT TO WHICH the performance of a governmental function. of the date of enactment of this section with STATE COST SHARE IS REQUIRED.—No State ‘‘(45) SEWAGE SLUDGE.—The term ‘sewage respect to a facility to which paragraph cost share shall be required except for reme- sludge’ means solid, semisolid, or liquid res- (1)(C) does not apply shall remain effective dial actions under this section. idue removed during the treatment of mu- until the agreement expires in accordance ‘‘(C) INDIAN TRIBES.—The requirements of nicipal waste water, domestic sewage, or with the terms of the agreement. this paragraph shall not apply in the case of other waste water at or by publicly owned ‘‘(B) NEW AGREEMENTS.—Nothing in this remedial action to be taken on land or treatment works.’’. subsection precludes the President from en- water— (b) EXEMPTIONS AND LIMITATIONS.— tering into an agreement with a State or In- ‘‘(i) held by an Indian Tribe; (1) IN GENERAL.—Section 107 of the Com- dian tribe regarding responsibility at a facil- ‘‘(ii) held by the United States in trust for prehensive Environmental Response, Com- ity to which paragraph (1)(C) does not an Indian Tribe; pensation, and Liability Act of 1980 (42 apply.’’. ‘‘(iii) held by a member of an Indian Tribe U.S.C. 9607) (as amended by section 103(b)) is SEC. 202. NATIONAL PRIORITIES LIST COMPLE- (if the land or water is subject to a trust re- amended by adding at the end the following: TION. striction on alienation); or Section 105 of the Comprehensive Environ- ‘‘(iv) within the borders of an Indian res- ‘‘(q) LIABILITY EXEMPTION FOR MUNICIPAL mental Response, Compensation, and Liabil- ervation. SOLID WASTE AND SEWAGE SLUDGE.—No per- ity Act of 1980 (42 U.S.C. 9605) is amended by son shall be liable to the United States or to TITLE III—FAIR SHARE LIABILITY any other person (including liability for con- striking subsection (b) and inserting the fol- ALLOCATIONS AND PROTECTIONS lowing: tribution) under this section for any re- SEC. 301. LIABILITY EXEMPTIONS AND LIMITA- sponse costs at a facility listed on the Na- ‘‘(b) NATIONAL PRIORITIES LIST COMPLE- TIONS. tional Priorities List to the extent that— TION.— (a) DEFINITIONS.—Section 101 of the Com- ‘‘(1) the person is liable solely under para- ‘‘(1) IN GENERAL.—Not later than 2 years prehensive Environmental Response, Liabil- after the date of enactment of this para- graph (3) or (4) of subsection (a); and ity, and Compensation Act of 1980 (42 U.S.C. ‘‘(2) the person is— graph, the President shall complete the eval- 9601) (as amended by section 201(a)) is amend- uation of all facilities classified as awaiting ‘‘(A) an owner, operator, or lessee of resi- ed by adding at the end the following: dential property from which all of the per- a National Priorities List decision to deter- ‘‘(42) CODISPOSAL LANDFILL.—The term ‘co- mine the risk or danger to public health or son’s municipal solid waste was generated; disposal landfill’ means a landfill that— ‘‘(B) a business entity that, during the tax welfare or the environment posed by each fa- ‘‘(A) was listed on the National Priorities cility as compared with the other facilities. year preceding the date of transmittal of List as of the date of enactment of this para- written notification that the business is po- ‘‘(2) MAXIMUM NUMBER.—For fiscal years graph; 2000 through 2004, the President shall add a tentially liable, employs not more than 100 ‘‘(B) received for disposal municipal solid individuals; or maximum of 30 facilities to the National Pri- waste or sewage sludge; and orities List on an annual basis. ‘‘(C) a nonprofit organization described in ‘‘(C) may also have received, before the ef- section 501(c)(3) of the Internal Revenue Code ‘‘(3) REQUIREMENT OF REQUEST BY THE GOV- fective date of requirements under subtitle C of 1986 that employs not more than 100 indi- ERNOR OF A STATE.—No facility shall be of the Solid Waste Disposal Act (42 U.S.C. added to the National Priorities List without viduals, from which all of the person’s mu- 6921 et seq.), any hazardous waste, if the nicipal solid waste was generated. the President having first received a written landfill contains predominantly municipal communication from the Governor of the solid waste or sewage sludge that was trans- ‘‘(r) DE MICROMIS CONTRIBUTOR EXEMP- State in which the facility is located re- ported to the landfill from outside the facil- TION.— questing that the facility be added.’’. ity. ‘‘(1) IN GENERAL.—In the case of a vessel or SEC. 203. FEDERAL EMERGENCY REMOVAL AU- ‘‘(43) MUNICIPAL SOLID WASTE.— facility listed on the National Priorities THORITY. ‘‘(A) IN GENERAL.—The term ‘municipal List, no person described in paragraph (3) or Section 104(c)(1) of the Comprehensive En- solid waste’ means waste material generated (4) of subsection (a) shall be liable to the vironmental Response, Compensation, and by— United States or to any other person (includ- Liability Act of 1980 (42 U.S.C. 9604(c)(1)) is ‘‘(i) a household (such as a single- or multi- ing liability for contribution) for any re- amended— family residence) or a public lodging (such as sponse costs under this section if the activ- (1) in subparagraph (C), by striking ‘‘con- a hotel or motel); or ity specifically attributable to the person re- sistent with the remedial action to be ‘‘(ii) a commercial, institutional, or indus- sulted in the disposal or treatment of not taken’’ and inserting ‘‘not inconsistent with trial source, to the extent that— more than 200 pounds or 110 gallons of mate- any remedial action that has been selected ‘‘(I) the waste material is substantially rial containing a hazardous substance at the or is anticipated at the time of any removal similar to waste normally generated by a vessel or facility before the date of enact- action at a facility,’’; household or public lodging (without regard ment of this subsection, or such greater (2) by striking ‘‘$2,000,000’’ and inserting to differences in volume); or amount as the Administrator may determine ‘‘$5,000,000’’; and ‘‘(II) the waste material is collected and by regulation. (3) by striking ‘‘12 months’’ and inserting disposed of with other municipal solid waste ‘‘(2) EXCEPTION.—Paragraph (1) shall not ‘‘3 years’’. or sewage sludge and, regardless of when apply in a case in which the Administrator SEC. 204. STATE COST SHARE. generated, would be conditionally exempt determines that material described in para- Section 104(c) of the Comprehensive Envi- small quantity generator waste under the graph (1) has contributed or may contribute ronmental Response, Compensation, and Li- regulation issued under section 3001(d) of the significantly, individually, to the amount of ability Act of 1980 (42 U.S.C. 9604(c)) is Solid Waste Disposal Act (42 U.S.C. 6921(d)). response costs at the facility. amended— ‘‘(B) INCLUSIONS.—The term ‘municipal ‘‘(s) SMALL BUSINESS EXEMPTION.— (1) by striking ‘‘(c)(1) Unless’’ and inserting solid waste’ includes food and yard waste, ‘‘(1) IN GENERAL.—No person shall be liable the following: paper, clothing, appliances, consumer prod- to the United States or to any person (in- ‘‘(c) MISCELLANEOUS LIMITATIONS AND RE- uct packaging, disposable diapers, office sup- cluding liability for contribution) under this QUIREMENTS.— plies, cosmetics, glass and metal food con- section for any response costs at a facility ‘‘(1) CONTINUANCE OF OBLIGATIONS FROM tainers, elementary or secondary school listed on the National Priorities List if— FUND.—Unless’’; science laboratory waste, and household haz- ‘‘(A) the person is a business that— (2) in paragraph (1), by striking ‘‘taken ob- ardous waste. ‘‘(i) during the taxable year preceding the ligations’’ and inserting ‘‘taken, obliga- ‘‘(C) EXCLUSIONS.—The term ‘municipal date of transmittal of notification that the tions’’; solid waste’ does not include combustion ash business is a potentially responsible party, (3) by striking ‘‘(2) The President’’ and in- generated by resource recovery facilities or had full- and part-time employees whose serting the following: municipal incinerators or waste from manu- combined time was equivalent to 75 or fewer ‘‘(2) CONSULTATION.—The President’’; and facturing or processing (including pollution full-time employees; or (4) by striking paragraph (3) and inserting control) operations that is not described in ‘‘(ii) for that taxable year reported the following: subclause (I) or (II). $3,000,000 or less in gross revenue; ‘‘(3) STATE COST SHARE.— ‘‘(44) MUNICIPALITY.— ‘‘(B) the activity specifically attributable ‘‘(A) IN GENERAL.—The Administrator shall ‘‘(A) IN GENERAL.—The term ‘municipality’ to the person resulted in the disposal or not provide any funding for remedial action means a political subdivision of a State (in- treatment of material containing a haz- under this section unless the State in which cluding a city, county, village, town, town- ardous substance at the vessel or facility be- the release occurs first enters into a con- ship, borough, parish, school district, sanita- fore the date of enactment of this sub- tract or cooperative agreement with the Ad- tion district, water district, or other public section; and ministrator that provides assurances that entity performing local governmental func- ‘‘(C) the person is not affiliated through the State will pay, in cash or through in- tions). any familial or corporate relationship with kind contributions, 10 percent of the costs ‘‘(B) INCLUSIONS.—The term ‘municipality’ any person that is or was a party potentially of— includes a natural person acting in the ca- responsible for response costs at the facility.

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00115 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5748 CONGRESSIONAL RECORD — SENATE May 20, 1999

‘‘(2) EXCEPTION.—Paragraph (1) shall not ‘‘(i) IN GENERAL.—With respect to a codis- Transactions involving scrap paper, scrap apply in a case in which the material con- posal landfill that is owned or operated in plastic, scrap glass, scrap textiles, or scrap taining a hazardous substance referred to in whole or in part by municipalities with a rubber (other than whole tires) shall be subparagraph (A) contributed significantly population of less than 100,000 (according to deemed to be arranging for recycling if the or could contribute significantly to the cost the 1990 census), that is not subject to the person who arranged for the transaction (by of the response action with respect to the fa- criteria for solid waste landfills published selling recyclable material or otherwise ar- cility. under subtitle D of the Solid Waste Disposal ranging for the recycling of recyclable mate- ‘‘(t) MUNICIPAL SOLID WASTE AND SEWAGE Act (42 U.S.C. 6941 et seq.) at part 258 of title rial) can demonstrate by a preponderance of SLUDGE EXEMPTION AND LIMITATIONS.— 40, Code of Federal Regulations (or a suc- the evidence that all of the following criteria ‘‘(1) CONTRIBUTION OF MUNICIPAL SOLID cessor regulation), the aggregate amount of were met at the time of the transaction: liability of such municipal owners and opera- ‘‘(A) The recyclable material met a com- WASTE AND MUNICIPAL SEWAGE SLUDGE.— tors for response costs under this section mercial specification grade. ‘‘(A) IN GENERAL.—The condition stated in this subparagraph is that the liability of the shall be not greater than 10 percent of such ‘‘(B) A market existed for the recyclable potentially responsible party is for response costs. material. costs based on paragraph (3) or (4) of section ‘‘(ii) INCREASED AMOUNT.—The President ‘‘(C) A substantial portion of the recycla- may increase the percentage under clause (i) 107(a) and on the potentially responsible par- ble material was made available for use as to not more than 20 percent with respect to feedstock for the manufacture of a new sale- ty’s having arranged for disposal or treat- a municipality if the President determines able product. ment of, arranged with a transporter for that the municipality committed specific ‘‘(D) The recyclable material could have transport for disposal or treatment of, or ac- acts that exacerbated environmental con- been a replacement or substitute for a virgin cepted for transport for disposal or treat- tamination or exposure with respect to the raw material, or the product to be made ment of, municipal solid waste or municipal facility. from the recyclable material could have been sewage sludge at a facility listed on the Na- ‘‘(iii) DECREASED AMOUNT.—The President a replacement or substitute for a product tional Priorities List. may decrease the percentage under clause (i) made, in whole or in part, from a virgin raw ‘‘(B) SETTLEMENT AMOUNT.— with respect to a municipality to not less material. ‘‘(i) IN GENERAL.—The President shall offer than 5 percent if the President determines ‘‘(E) For transactions occurring 90 days or a settlement to a party referred to in clause that the municipality took specific acts of more after the date of enactment of this sub- (i) with respect to liability under paragraph mitigation during the operation of the facil- section, the person exercised reasonable care (3) or (4) of section 107(a) on the basis of a ity to avoid environmental contamination or to determine that the facility where the re- payment of $5.30 per ton of municipal solid exposure with respect to the facility. cyclable material was handled, processed, re- waste or municipal sewage sludge that the ‘‘(3) APPLICABILITY.—This subsection shall claimed, or otherwise managed by another President estimates is attributable to the not apply to— person (hereinafter in this subsection re- party. ‘‘(A) a person that acted in violation of ferred to as a ‘consuming facility’) was in ‘‘(ii) REVISION.— subtitle C of the Solid Waste Disposal Act (42 compliance with substantive (not procedural ‘‘(I) IN GENERAL.—The President may re- U.S.C. 6921 et seq.) at a facility that is sub- or administrative) provisions of any Federal, vise the settlement amount under clause (i) ject to a response action under this title, if State, or local environmental law or regula- by regulation. the violation pertains to a hazardous sub- tion, or compliance order or decree issued ‘‘(II) BASIS.—A revised settlement amount stance the release of threat of release of pursuant thereto, applicable to the handling, under subclause (I) shall reflect the esti- which caused the incurrence of response processing, reclamation, storage, or other mated per-ton cost of closure and post-clo- costs at the facility; management activities associated with recy- sure activities at a representative facility ‘‘(B) a person that owned or operated a co- clable material. containing only municipal solid waste. disposal landfill in violation of the applica- ‘‘(F) For purposes of this paragraph, ‘rea- ‘‘(C) CONDITIONS.—The provisions for set- ble requirements for municipal solid waste sonable care’ shall be determined using cri- tlement described in this subparagraph shall landfill units under subtitle D of the Solid teria that include (but are not limited to)— not apply with respect to a facility where Waste Disposal Act (42 U.S.C. 6941 et seq.) ‘‘(i) the price paid in the recycling trans- there is no waste except municipal solid after October 9, 1991, if the violation pertains action; waste or municipal sewage sludge. to a hazardous substance the release of ‘‘(ii) the ability of the person to detect the ‘‘(D) ADJUSTMENT FOR INFLATION.—The Ad- threat of release of which caused the incur- nature of the consuming facility’s operations ministrator may by guidance periodically rence of response costs at the facility; or concerning its handling, processing, rec- adjust the settlement amount under sub- ‘‘(C) a person under section 122(p)(2)(G). lamation, or other management activities paragraph (B) to reflect changes in the Con- ‘‘(4) PERFORMANCE OF RESPONSE ACTIONS.— associated with recyclable material; and sumer Price Index (or other appropriate As a condition of a settlement with a mu- ‘‘(iii) the result of inquiries made to the index, as determined by the Administrator). nicipality under this subsection, the Presi- appropriate Federal, State, or local environ- ‘‘(2) MUNICIPAL OWNERS AND OPERATORS.— dent may require that the municipality per- mental agency (or agencies) regarding the ‘‘(A) AGGREGATE LIABILITY OF LARGE MU- form or participate in the performance of the consuming facility’s past and current com- NICIPALITIES.— response actions at the facility. pliance with substantive (not procedural or ‘‘(i) IN GENERAL.—With respect to a codis- ‘‘(5) NOTICE OF APPLICABILITY.—The Presi- administrative) provisions of any Federal, posal landfill that is owned or operated in dent shall provide a potentially responsible State, or local environmental law or regula- whole or in part by municipalities with a party with notice of the potential applica- tion, or compliance order or decree issued population of 100,000 or more (according to bility of this section in each written commu- pursuant thereto, applicable to the handling, the 1990 census), and that is not subject to nication with the party concerning the po- processing, reclamation, storage, or other the criteria for solid waste landfills pub- tential liability of the party. management activities associated with the lished under subtitle D of the Solid Waste ‘‘(u) RECYCLING TRANSACTIONS.— recyclable material. For the purposes of this Disposal Act (42 U.S.C. 6941 et seq.) at part ‘‘(1) LIABILITY CLARIFICATION.—As provided subparagraph, a requirement to obtain a per- 258 of title 40, Code of Federal Regulations in paragraphs (2), (3), (4), and (5), a person mit applicable to the handling, processing, (or a successor regulation), the aggregate who arranged for recycling of recyclable ma- reclamation, or other management activity amount of liability of such municipal owners terial shall not be liable under paragraph (3) associated with the recyclable materials and operators for response costs under this or (4) of subsection (a) with respect to the shall be deemed to be a substantive provi- section shall be not greater than 20 percent material. sion. of such costs. ‘‘(2) RECYCLABLE MATERIAL DEFINED.—For ‘‘(4) TRANSACTIONS INVOLVING SCRAP ‘‘(ii) INCREASED AMOUNT.—The President purposes of this subsection, the term ‘recy- METAL.— may increase the percentage under clause (i) clable material’ means scrap paper, scrap ‘‘(A) Transactions involving scrap metal to not more than 35 percent with respect to plastic, scrap glass, scrap textiles, scrap rub- shall be deemed to be arranging for recycling a municipality if the President determines ber (other than whole tires), scrap metal, or if the person who arranged for the trans- that the municipality committed specific spent lead-acid, spent nickel-cadmium, and action (by selling recyclable material or oth- acts that exacerbated environmental con- other spent batteries, as well as minor erwise arranging for the recycling of recycla- tamination or exposure with respect to the amounts of material incident to or adhering ble material) can demonstrate by a prepon- facility. to the scrap material as a result of its nor- derance of the evidence that at the time of ‘‘(iii) DECREASED AMOUNT.—The President mal and customary use prior to becoming the transaction— may decrease the percentage under clause (i) scrap; except that such term shall not in- ‘‘(i) the person met the criteria set forth in with respect to a municipality to not less clude shipping containers of a capacity from paragraph (3) with respect to the scrap than 10 percent if the President determines 30 liters to 3,000 liters, whether intact or not, metal; that the municipality took specific acts of having any hazardous substance (but not ‘‘(ii) the person was in compliance with mitigation during the operation of the facil- metal bits and pieces or hazardous substance any applicable regulations or standards re- ity to avoid environmental contamination or that form an integral part of the container) garding the storage, transport, management, exposure with respect to the facility. contained in or adhering thereto. or other activities associated with the recy- ‘‘(B) AGGREGATE LIABILITY OF SMALL MU- ‘‘(3) TRANSACTIONS INVOLVING SCRAP PAPER, cling of scrap metal that the Administrator NICIPALITIES.— PLASTIC, GLASS, TEXTILES, OR RUBBER.— promulgates under the Solid Waste Disposal

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00116 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 20, 1999 CONGRESSIONAL RECORD — SENATE S5749 Act subsequent to the enactment of this sub- ‘‘(III) for transactions occurring before 90 (D) by striking subparagraphs (A) and (B) section and with regard to transactions oc- days after the date of the enactment of this and inserting the following: curring after the effective date of such regu- subsection, that the consuming facility was ‘‘(A) mixed the recycled oil with any other lations or standards; and not in compliance with a substantive (not hazardous substance; or ‘‘(iii) the person did not melt the scrap procedural or administrative) provision of ‘‘(B) did not store, treat, transport, or oth- metal prior to the transaction. any Federal, State, or local environmental erwise manage the recycled oil in compli- ‘‘(B) For purposes of subparagraph (A)(iii), law or regulation, or compliance order or de- ance with any applicable regulations or melting of scrap metal does not include the cree issued pursuant thereto, applicable to standards promulgated under section 3014 of thermal separation of 2 or more materials the handling, processing, reclamation, or the Solid Waste Disposal Act (42 U.S.C. 6935) due to differences in their melting points (re- other management activities associated with and other applicable authorities that were in ferred to as ‘sweating’). the recyclable material; effect on the date of such activity.’’; and ‘‘(C) For purposes of this paragraph, the ‘‘(ii) the person had reason to believe that (2) by striking paragraph (4). term ‘scrap metal’ means— hazardous substances had been added to the SEC. 302. EXPEDITED SETTLEMENT FOR CERTAIN ‘‘(i) bits and pieces of metal parts (e.g., recyclable material for purposes other than PARTIES. bars, turnings, rods, sheets, wire) or metal processing for recycling; (a) PARTIES ELIGIBLE.—Section 122(g) of pieces that may be combined together with ‘‘(iii) the person failed to exercise reason- the Comprehensive Environmental Response, bolts or soldering (e.g., radiators, scrap auto- able care with respect to the management Compensation, and Liability Act of 1980 (42 mobiles, railroad box cars), which when worn and handling of the recyclable material (in- U.S.C. 9622(g)) is amended— or superfluous can be recycled; and cluding adhering to customary industry (1) by striking the subsection heading and ‘‘(ii) notwithstanding subparagraph practices current at the time of the recy- inserting the following: (A)(iii), metal byproducts from copper and cling transaction designed to minimize, ‘‘(g) EXPEDITED FINAL SETTLEMENT.—’’; (2) in paragraph (1)— copper-based alloys that— through source control, contamination of (A) by redesignating subparagraph (B) as ‘‘(I) are not 1 of the primary products of a the recyclable material by hazardous sub- subparagraph (C); secondary production process; stances); or (B) by striking ‘‘(1)’’ and all that follows ‘‘(II) are not solely or separately produced ‘‘(iv) with respect to any item of a recycla- through subparagraph (A) and inserting the by the production process; ble material, the item contained poly- following: ‘‘(III) are not stored in a pile or surface im- chlorinated biphenyls at a concentration in ‘‘(1) PARTIES ELIGIBLE.— poundment; and excess of 50 parts per million or any new ‘‘(A) IN GENERAL.—As expeditiously as ‘‘(IV) are sold to another recycler that is standard promulgated pursuant to applicable practicable, the President shall— not speculatively accumulating such metal Federal laws. ‘‘(i) notify each potentially responsible byproducts; ‘‘(B) For purposes of this paragraph, an ob- party that meets 1 or more of the conditions except for scrap metals that the Adminis- jectively reasonable basis for belief shall be stated in subparagraphs (B), (C), and (D) of trator excludes from this definition by regu- determined using criteria that include (but the party’s eligibility for a settlement; and lation. are not limited to) the size of the person’s ‘‘(ii) offer to reach a final administrative ‘‘(5) TRANSACTIONS INVOLVING BATTERIES.— business, customary industry practices (in- or judicial settlement with the party. cluding customary industry practices cur- Transactions involving spent lead-acid bat- ‘‘(B) DE MINIMIS CONTRIBUTION.—The condi- teries, spent nickel-cadmium batteries, or rent at the time of the recycling transaction tion stated in this subparagraph is that the other spent batteries shall be deemed to be designed to minimize, through source con- liability is for response costs based on para- arranging for recycling if the person who ar- trol, contamination of the recyclable mate- graph (3) or (4) of section 107(a) and the par- ranged for the transaction (by selling recy- rial by hazardous substances), the price paid ty’s contribution of a hazardous substance at clable material or otherwise arranging for in the recycling transaction, and the ability a facility is de minimis. For the purposes of the recycling of recyclable material) can of the person to detect the nature of the con- this subparagraph, a potentially responsible demonstrate by a preponderance of the evi- suming facility’s operations concerning its party’s contribution shall be considered to dence that at the time of the transaction— handling, processing, reclamation, or other be de minimis only if the President deter- ‘‘(A) the person met the criteria set forth management activities associated with the mines that both of the following criteria are in paragraph (3) with respect to the spent recyclable material. met: lead-acid batteries, spent nickel-cadmium ‘‘(C) For purposes of this paragraph, a re- ‘‘(i) MINIMAL AMOUNT OF MATERIAL.—The batteries, or other spent batteries, but the quirement to obtain a permit applicable to amount of material containing a hazardous person did not recover the valuable compo- the handling, processing, reclamation, or substance contributed by the potentially re- nents of such batteries; and other management activities associated with sponsible party to the facility is minimal ‘‘(B)(i) with respect to transactions involv- recyclable material shall be deemed to be a relative to the total amount of material con- ing lead-acid batteries, the person was in substantive provision.’’. taining hazardous substances at the facility. compliance with applicable Federal environ- (2) TRANSITION RULES.— The amount of a potentially responsible par- mental regulations or standards, and any (A) IN GENERAL.—The exemptions under ty’s contribution shall be presumed to be amendments thereto, regarding the storage, subsections (q), (r), and (s) of section 107 of minimal if the amount is 1 percent or less of transport, management, or other activities the Comprehensive Environmental Response, the total amount of material containing a associated with the recycling of spent lead- Compensation, and Liability Act of 1980 (42 hazardous substance at the facility, unless acid batteries; U.S.C. 9607(q), 9607(r), 9607(s)) (as added by the Administrator promptly identifies a ‘‘(ii) with respect to transactions involving paragraph (1)) shall not apply to any settle- greater threshold based on site-specific fac- nickel-cadmium batteries, Federal environ- ment or judgment approved by a United tors. mental regulations or standards are in effect States Federal District Court— ‘‘(ii) HAZARDOUS EFFECTS.—The material regarding the storage, transport, manage- (i) before the date of enactment of this containing a hazardous substance contrib- ment, or other activities associated with the Act; or uted by the potentially responsible party recycling of spent nickel-cadmium batteries, (ii) not later than 180 days after the date of does not present toxic or other hazardous ef- and the person was in compliance with appli- enactment of this Act. fects that are significantly greater than the cable regulations or standards or any amend- (B) EFFECT ON PENDING OR CONCLUDED AC- toxic or other hazardous effects of other ma- ments thereto; or TIONS.—The exemptions provided in sub- terial containing a hazardous substance at ‘‘(iii) with respect to transactions involv- section (u) of the Comprehensive Environ- the facility.’’; ing other spent batteries, Federal environ- mental Response, Compensation, and Liabil- (C) in subparagraph (C) (as redesignated by mental regulations or standards are in effect ity Act of 1980 (42 U.S.C. 9607(u)) (as added by subparagraph (A))— regarding the storage, transport, manage- paragraph (1)) shall not affect any concluded (i) by redesignating clauses (i) through (iii) ment, or other activities associated with the judicial or administrative action or any as subclauses (I) through (III), respectively, recycling of such batteries, and the person pending judicial action initiated by the and adjusting the margins appropriately; was in compliance with applicable regula- United States prior to the date of enactment (ii) by striking ‘‘(C) The potentially re- tions or standards or any amendments there- of this Act. sponsible party’’ and inserting the following: to. (c) SERVICE STATION DEALERS.—Section ‘‘(C) OWNERS OF REAL PROPERTY.— ‘‘(6) EXCLUSIONS.— 114(c) of the Comprehensive Environmental ‘‘(i) IN GENERAL.—The condition stated in ‘‘(A) The exemptions set forth in para- Response, Compensation, and Liability Act this subparagraph is that the potentially re- graphs (3), (4), and (5) shall not apply if— of 1980 (42 U.S.C. 9614(c)) is amended— sponsible party’’; and ‘‘(i) the person had an objectively reason- (1) in paragraph (1)— (iii) by striking ‘‘This subparagraph (B)’’ able basis to believe at the time of the recy- (A) by striking ‘‘No person’’ and inserting and inserting the following: cling transaction— ‘‘A person’’; ‘‘(ii) APPLICABILITY.—Clause (i)’’; and ‘‘(I) that the recyclable material would not (B) by striking ‘‘may recover’’ and insert- (D) by adding at the end the following: be recycled; ing ‘‘may not recover’’; ‘‘(D) REDUCTION IN SETTLEMENT AMOUNT ‘‘(II) that the recyclable material would be (C) by striking ‘‘if such recycled oil’’ and BASED ON LIMITED ABILITY TO PAY.— burned as fuel, or for energy recovery or in- inserting ‘‘unless the service station dealer’’; ‘‘(i) IN GENERAL.—The condition stated in cineration; or and this subparagraph is that—

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00117 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5750 CONGRESSIONAL RECORD — SENATE May 20, 1999 ‘‘(I) the potentially responsible party is— ‘‘(ff) per capita income and cost of living; on information not available under that sec- ‘‘(aa) a natural person; ‘‘(gg) real property values; tion, so inform the recipient.’’. ‘‘(bb) a small business; or ‘‘(hh) unemployment information; and SEC. 303. FAIR SHARE SETTLEMENTS AND STATU- ‘‘(cc) a municipality; ‘‘(ii) population information. TORY ORPHAN SHARES. ‘‘(II) the potentially responsible party ‘‘(II) EVALUATION OF IMPACT.—A munici- (a) IN GENERAL.—Section 122 of the Com- demonstrates an inability to pay or has only pality may submit for consideration by the prehensive Environmental Response, Com- a limited ability to pay response costs, as de- President an evaluation of the potential im- pensation, and Liability Act of 1980 (42 termined by the Administrator under a regu- pact of the settlement on the provision of U.S.C. 9622) is amended by adding at the end lation promulgated by the Administrator, municipal services and the feasibility of the following: after— making delayed payments or payments over ‘‘(n) FAIR SHARE ALLOCATION.— ‘‘(aa) public notice and opportunity for time. ‘‘(1) PROCESS.—The President shall conduct comment; and ‘‘(III) RISK OF DEFAULT OR VIOLATION.—A an impartial fair share allocation of response ‘‘(bb) consultation with the Administrator municipality may establish an inability to costs at National Priority List facilities. of the Small Business Administration and pay for purposes of this subparagraph by ‘‘(2) FACTORS.—In conducting an allocation the Secretary of Housing and Urban Develop- showing that payment of its liability under under this subsection, the President, without ment; and this Act would— regard to any theory of joint and several li- ‘‘(III) in the case of a potentially respon- ‘‘(aa) create a substantial demonstrable ability, shall estimate the fair share of each sible party that is a small business, the po- risk that the municipality would default on potentially responsible party using prin- tentially responsible party does not qualify debt obligations existing as of the time of ciples of equity, the best information reason- for the small business exemption under sec- the showing, go into bankruptcy, be forced ably available to the President, and the fol- tion 107(s) because of the application of sec- to dissolve, or be forced to make budgetary lowing factors: tion 107(s)(2). cutbacks that would substantially reduce ‘‘(A) the quantity of hazardous substances ‘‘(ii) SMALL BUSINESSES.— the level of protection of public health and contributed by each party; ‘‘(I) DEFINITION OF SMALL BUSINESS.—In safety; or ‘‘(B) the degree of toxicity of hazardous this subparagraph, the term ‘small business’ ‘‘(bb) necessitate a violation of legal re- substances contributed by each party; means a business entity that— quirements or limitations of general applica- ‘‘(C) the mobility of hazardous substances ‘‘(aa) during the taxable year preceding the bility concerning the assumption and main- date of transmittal of notification that the tenance of fiscal municipal obligations. contributed by each party; ‘‘(D) the degree of involvement of each business is a potentially responsible party, ‘‘(IV) OTHER FACTORS RELEVANT TO SETTLE- party in the generation, transportation, had full- and part-time employees whose MENTS WITH MUNICIPALITIES.—In determining combined time was equivalent to that of 75 an appropriate settlement amount with a treatment, storage, or disposal of hazardous or fewer full-time employees or for that tax- municipality under this subparagraph, the substances; able year reported $3,000,000 or less in gross President may consider other relevant fac- ‘‘(E) the degree of care exercised by each revenue; and tors, including the fair market value of any party with respect to hazardous substances, ‘‘(bb) is not affiliated through any familial in-kind services that the municipality may taking into account the characteristics of or corporate relationship with any person provide to support the response action at the the hazardous substances; that is or was a party potentially responsible facility. ‘‘(F) the cooperation of each party in con- for response costs at the facility. ‘‘(iv) OTHER POTENTIALLY RESPONSIBLE PAR- tributing to any response action and in pro- ‘‘(II) CONSIDERATIONS.—At the request of a TIES.—This subparagraph does not affect the viding complete and timely information to small business, the President shall take into President’s authority to evaluate the ability the United States or the allocator; and consideration the ability of the small busi- to pay of a potentially responsible party ‘‘(G) such other equitable factors as the ness to pay response costs and still maintain other than a natural person, small business, President considers appropriate. its basic business operations, including— or municipality or to enter into a settlement ‘‘(3) SCOPE.—A fair share allocation under ‘‘(aa) consideration of the overall financial with such other party based on that party’s this subsection shall include any response condition of the small business; and ability to pay. costs at a National priorities List facility ‘‘(bb) demonstrable constraints on the abil- ‘‘(E) ADDITIONAL CONDITIONS FOR EXPEDITED that are not addressed in a settlement or a ity of the small business to raise revenues. SETTLEMENTS.— judgment approved by a United States Fed- ‘‘(III) INFORMATION.—A small business re- ‘‘(i) BASIS OF DETERMINATION.—If the Presi- eral District Court— questing settlement under this paragraph dent determines that a potentially respon- ‘‘(A) before the date of enactment of this shall promptly provide the President with all sible party is not eligible for settlement subsection; or information needed to determine the ability under this paragraph, the President shall ‘‘(B) not later than 180 days after the date of the small business to pay response costs. state the reasons for the determination in of enactment of this subsection. ‘‘(IV) DETERMINATION.—A small business writing to any potentially responsible party ‘‘(4) SETTLEMENTS BASED ON ALLOCATIONS.— shall demonstrate the extent of its ability to that requests a settlement under this para- ‘‘(A) IN GENERAL.—A party may settle any pay response costs, and the President shall graph.’’. liability to the United States for response perform any analysis that the President de- (b) SETTLEMENT OFFERS.—Section 122(g) of costs under this Act for its allocated fair termines may assist in demonstrating the the Comprehensive Environment Response, share, including a reasonable risk premium impact of a settlement on the ability of the Liability, and Compensation Act of 1980 (42 that reflects uncertainties existing at the small business to maintain its basic oper- U.S.C. 9622(g)) is amended— time of settlement. ations. The President, in the discretion of (1) by redesignating paragraph (6) as para- ‘‘(B) COMPLETION OF OBLIGATIONS.—A per- the President, may perform such an analysis graph (7); and son that is undertaking a response action for any other party or request the other (2) by inserting after paragraph (5) the fol- under an administrative order issued under party to perform the analysis. lowing: section 106 or has entered into a settlement ‘‘(V) ALTERNATIVE PAYMENT METHODS.—If ‘‘(6) SETTLEMENT OFFERS.— decree with the United States of a State as the President determines that a small busi- ‘‘(A) NOTIFICATION.—As soon as practicable of the date of enactment of this subsection ness is unable to pay its total settlement after receipt of sufficient information to shall complete the person’s obligations under amount immediately, the President shall make a determination, the Administrator the order or settlement decree. consider such alternative payment methods shall notify any person that the Adminis- ‘‘(5) UNFUNDED AND UNATTRIBUTABLE as may be necessary or appropriate. trator determines is eligible under paragraph SHARES.—Any share attributable to an insol- ‘‘(iii) MUNICIPALITIES.— (1) of the person’s eligibility for the expe- vent, defunct, or bankrupt party, or a share ‘‘(I) CONSIDERATIONS.—The President shall dited final settlement. that cannot be attributed to any particular consider the inability or limited ability to ‘‘(B) OFFERS.—As soon as practicable after party, shall be allocated among any respon- pay of a municipality to the extent that the receipt of sufficient information, the Admin- sible parties not described in subsection (q), municipality provides information with re- istrator shall submit a written settlement (r), (s), (t), or (u) of section 107 or section spect to— offer to each person that the Administrator 122(g). ‘‘(aa) the general obligation bond rating determines, based on information available ‘‘(o) STATUTORY ORPHAN SHARES.— and information about the most recent bond to the Administrator at the time at which ‘‘(1) IN GENERAL.—For purposes of this sec- issue for which the rating was prepared; the determination is made, to be eligible for tion, the statutory orphan share is the dif- ‘‘(bb) the amount of total available funds a settlement under paragraph (1). ference between— (other than dedicated funds or State assist- ‘‘(C) INFORMATION.—At the time at which ‘‘(A) the liability of a party described in ance payments for remediation of inactive the Administrator submits an offer under subsection (q), (s), (t), or (u) of section 107 or hazardous waste sites); paragraph (1), the Administrator shall, at section 122(g); and ‘‘(cc) the amount of total operating reve- the request of the recipient of the offer, ‘‘(B) the President’s estimate of the liabil- nues (other than obligated or encumbered make available to the recipient any informa- ity of the party, notwithstanding any exemp- revenues); tion available under section 552 of title 5, tion from or limitation on liability in this ‘‘(dd) the amount of total expenses; United States Code, on which the Adminis- Act. ‘‘(ee) the amounts of total debt and debt trator bases the settlement offer, and if the ‘‘(2) DETERMINATION OF STATUTORY ORPHAN service; settlement offer is based in whole or in part SHARES.—

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00118 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 20, 1999 CONGRESSIONAL RECORD — SENATE S5751

‘‘(A) IN GENERAL.—The President shall in- time that has passed since the settlement be- ‘‘(bb) the person or entity acts in such a clude an estimate of the statutory orphan tween the United States and the party. way as to impede the effectiveness or integ- share of a party described in section 107(t) or ‘‘(iii) PAYMENT FROM FUNDS MADE AVAIL- rity of any institutional control employed at section 122(g), based on the best information ABLE FOR SUBSEQUENT FISCAL YEARS.—Any the vessel or facility; or reasonably available to the President, at any amounts payable in excess of available ap- ‘‘(II) if the person or entity fails to comply time at which the President seeks judicial propriations in any fiscal year shall be paid with any request for information or adminis- approval of a settlement with the party. from amounts made available for subsequent trative subpoena issued by the President ‘‘(3) TRANSITION RULE AND SUBSEQUENT SET- fiscal years, along with interest on the un- under this Act. TLEMENTS.— paid balances at the rate equal to that of the ‘‘(H) BASIS OF DETERMINATION.—If the ‘‘(A) IN GENERAL.—Each settlement pre- current average market yield on outstanding President determines that a potentially re- sented for judicial approval on or after the marketable obligations of the United States sponsible party is not eligible for settlement date that is 1 year after the date of enact- with a maturity of 1 year. under this paragraph, the President shall ment of this subsection shall include an esti- ‘‘(D) CONTRIBUTION PROTECTION.— state the reasons for the determination in mate of the statutory orphan share for each ‘‘(i) IN GENERAL.—A settlement under this writing to any potentially responsible party party described in subsection (q), (s), and (u) subsection, section 107(t), or section 122(g) that requests a settlement under this para- of section 107 that is involved in the settle- shall provide complete protection from all graph. ment. claims for contribution or cost recovery for ‘‘(I) WAIVER.— ‘‘(B) SUBSEQUENT SETTLEMENTS.—The response costs that are addressed in the allo- ‘‘(i) RESPONSE COSTS IN ALLOCATION.—A President shall include in a subsequent set- cation under subsection (n). party that settles its liability under this tlement at the same facility a revised statu- ‘‘(ii) COSTS BEYOND SCOPE OF ALLOCATION.— subsection waives the right to seek cost re- tory orphan share estimate if the Presi- In the case of response costs at a facility covery or contribution under this Act for dent— that, as a result of a prior, judicially-ap- any response costs that are addressed in the ‘‘(i) determines that the subsequent settle- proved settlement at the facility, are not allocation. ment includes a new statutory orphan share; within the scope of an allocation under sub- ‘‘(ii) RESPONSE COSTS OF FACILITY.—A party or section (n), a party shall retain the right to that settles its liability under subsection ‘‘(ii) has good cause to revise an earlier seek cost recovery or contribution from any 107(t) or section 122(g) waives its right to statutory orphan share estimate. other party in accordance with the prior set- seek cost recovery or contribution under this ‘‘(4) FINAL SETTLEMENTS.— tlement, except that no party may seek con- Act for any response costs at the facility. ‘‘(A) IN GENERAL.—A judicially-approved tribution for any response costs at the facil- ‘‘(J) PERFORMANCE OF RESPONSE ACTIONS.— consent decree or settlement shall identify ity from— ‘‘(i) IN GENERAL.—Except as provided in the total statutory orphan share owing for a ‘‘(I) a party described in subsection (q), (r), subparagraph (B), the President may require, facility if the consent decree or settlement— (s), or (u) of section 107; or as a condition of settlement under sub- ‘‘(i) includes remedial project construction ‘‘(II) a party that has settled its liability section (n) and section 107(t), that 1 or more for the last operable unit at the facility; or under section 107(t) or 122(g). parties conduct a response action at the fa- ‘‘(ii) provides funding for remedial project ‘‘(E) LIABILITY FOR ATTORNEY’S FEES FOR cility. construction described in clause (i). CERTAIN ACTIONS.—A person that, after the ‘‘(ii) REIMBURSEMENT.— ‘‘(B) FUNDING AND REIMBURSEMENT.—A con- date of enactment of this subsection, com- ‘‘(I) IN GENERAL.—The President shall re- sent decree or settlement described in sub- mences a civil action for contribution under imburse a party described in subparagraph paragraph (A) shall include full funding of this Act against a person that is not liable (A) for costs incurred in excess of the party’s any statutory orphan shares in accordance by operation of subsections (q), (r), (s), or (u) allocated fair share. with this section. of section 107, or has resolved its liability to ‘‘(II) PRO RATA REIMBURSEMENT.—The ‘‘(5) HAZARDOUS SUBSTANCE SUPERFUND.—A the United States under subsection (n), sec- President shall provide equitable pro rata re- statutory orphan share constitutes an obli- tion 107(t), or 122(g), shall be liable to that imbursement to such parties on at least an gation of the Hazardous Substance Super- person for all reasonable costs of defending annual basis. fund. the action, including all reasonable attor- ‘‘(iii) RESPONSE ACTIONS.—No party de- ‘‘(p) GENERAL PROVISIONS APPLICABLE TO ney’s fees and expert witness fees. scribed in subsections (q), (r), (s), or (u) of STATUTORY ORPHAN SHARES AND FAIR SHARE ‘‘(F) ILLEGAL ACTIVITIES.—Subsections (q), section 107 or 122(g) may be required to per- SETTLEMENTS.— (r), (s), (t), and (u) of section 107 and section form a response action as a condition of set- ‘‘(1) IN GENERAL.—A fair share settlement 122(g) shall not apply to— tlement or ordered to conduct a response ac- under subsection (g) and a statutory orphan ‘‘(i) any person whose liability for response tion under section 106. share under subsection (n) shall be subject to costs under section 107(a) is otherwise based ‘‘(K) JUDICIAL REVIEW.— paragraph (2). on any act, omission, or status that is deter- ‘‘(i) IN GENERAL.—A court shall not approve ‘‘(2) PROVISIONS APPLICABLE TO STATUTORY mined by a court or administrative body of any settlement under this Act unless the set- ORPHAN SHARES AND FAIR SHARE SETTLE- competent jurisdiction, within the applica- tlement includes an estimate of the statu- MENTS.— ble statute of limitation, to have been a vio- tory orphan share that is fair, reasonable ‘‘(A) STAY OF LITIGATION AND ENFORCE- lation of any Federal or State law pertaining and consistent with this Act. MENT.— to the treatment, storage, disposal, or han- ‘‘(ii) STATUTORY ORPHAN SHARE SETTLE- ‘‘(i) IN GENERAL.—All contribution and cost dling of hazardous substances if the violation MENT.—If a court determines that an esti- recovery actions under this Act against each pertains to a hazardous substance, the re- mate of a statutory orphan share is not fair, party described in sections 107(t) and 122(g) lease or threat of release of which caused the reasonable, or consistent with this Act, the are stayed until the Administrator offers incurrence of response costs at the vessel or court may— those parties a settlement. facility; ‘‘(I) approve the settlement; and ‘‘(ii) SUSPENSION OF STATUTE OF LIMITA- ‘‘(ii) a person described in section 107(o); or ‘‘(II) disapprove and remand the estimate TIONS.—Any statute of limitations applicable ‘‘(iii) a bona fide prospective purchaser. of the statutory orphan share.’’. to an action described in clause (i) is sus- ‘‘(G) EXCEPTION.— (b) REGULATIONS.—The President shall pended during the period that a stay under ‘‘(i) IN GENERAL.—The President may de- issue regulations to implement this title not this subparagraph is in effect. cline to reimburse or offer a settlement to a later than 180 days after the date of enact- ‘‘(B) FAILURE OR INABILITY TO COMPLY.—If potentially responsible party under sub- ment of this Act. the President fails to fund a statutory or- sections (g) and (n) or section 122(g) if the TITLE IV—FUNDING phan share, reimburse a party as required by President makes a decision concerning a re- SEC. 401. USES OF HAZARDOUS SUBSTANCE subsection (g), or include a statutory orphan imbursement or offer of a settlement under SUPERFUND. share estimate in any settlement when re- clause (ii). (a) IN GENERAL.—The Comprehensive Envi- quired to do so under this Act, the President ‘‘(ii) REQUIREMENTS FOR REIMBURSEMENT OR ronmental Response Compensation, and Li- shall not— OFFER OF A SETTLEMENT.—A potentially re- ability Act of 1980 is amended by striking ‘‘(i) issue any new order under section 106 sponsible party may be denied a reimburse- sections 111 and 112 (42 U.S.C. 9611, 9612) and at the facility to any non-Federal party; or ment or settlement under clause (i)— inserting the following: ‘‘(ii) commence or maintain any new or ex- ‘‘(I) to the extent that the person or entity ‘‘SEC. 111. USES OF HAZARDOUS SUBSTANCE isting action to recover response costs at the has operational control over a vessel or facil- SUPERFUND. facility. ity, if— ‘‘(a) IN GENERAL.— ‘‘(C) AMOUNTS OWED.— ‘‘(aa) the person or entity fails to provide ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(i) HAZARDOUS SUBSTANCE SUPERFUND full cooperation to, assistance to, and access ‘‘(A) IN GENERAL.—There is authorized to MANAGEMENT.—The President may provide to the vessel or facility to persons that are be appropriated from the Hazardous Sub- partial reimbursement payments to a party responsible for response actions at the vessel stance Fund for the purposes specified in on a schedule that ensures an equitable dis- or facility (including the cooperation and ac- subparagraphs (A) and (B) of paragraph (2) tribution of reimbursement payments to all cess necessary for the installation, integrity, not more than $1,000,000,000 for the 5-year pe- eligible parties on a timely basis. operation, and maintenance of any complete riod beginning on the date of enactment of ‘‘(ii) PRIORITY.—The priority for reim- or partial response actions at the vessel or the Superfund Program Completion Act of bursement shall be based on the length of facility); or 1999.

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00119 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5752 CONGRESSIONAL RECORD — SENATE May 20, 1999

‘‘(B) RESPONSE ACTIONS.—There are author- tion in local newspapers serving the affected ‘‘(B) in or on the territorial sea or adjacent ized to be appropriated from the Hazardous area. shoreline of a foreign country described in Substance Superfund for the performance of ‘‘(iii) RELEASES FROM PUBLIC VESSELS.—The subparagraph (A); response actions the amounts described in President shall provide such notification as ‘‘(2) the claimant is not otherwise com- paragraph (2)(C). is appropriate to potential injured parties pensated for the loss of the claimant; ‘‘(2) SPECIFIC USES.—The President shall with respect to releases from public vessels. ‘‘(3) the hazardous substance was released from a facility or vessel located adjacent to use amounts appropriated out of the Haz- ‘‘(d) NATURAL RESOURCES.— or within the navigable waters under the ju- ardous Substance Superfund only— ‘‘(1) IN GENERAL.—Except as provided in ‘‘(A) to enter into mixed funding agree- paragraph (2), funds may not be used under risdiction of, or was discharged in connec- ments in accordance with section 122; this Act for the restoration, rehabilitation, tion with activities conducted under— ‘‘(B) to reimburse a party for response or replacement or acquisition of the equiva- ‘‘(A) section 20(a)(2) of the Outer Conti- nental Shelf Lands Act (43 U.S.C. 1346(a)(2)); costs incurred in excess of the allocated lent of any natural resource until a plan for or share of the party as described in a final set- the use of the funds for those purposes has ‘‘(B) the Deepwater Port Act of 1974 (33 tlement under section 122; and been developed and adopted, after adequate U.S.C. 1501 et seq.); and ‘‘(C) for the performance of response ac- public notice and opportunity for hearing ‘‘(4)(A) recovery is authorized by a treaty tions to the extent that the total amount in and consideration of all public comment, or an executive agreement between the the Hazardous Substance Superfund is great- by— United States and the foreign country; or er than— ‘‘(A) affected Federal agencies; ‘‘(B) the Secretary of State, in consulta- ‘‘(i) in fiscal year 2000, $1,000,000,000; ‘‘(B) the Governor of each State that sus- tion with the Attorney General and other ap- ‘‘(ii) in fiscal year 2001, $800,000,000; tained damage to natural resources that are ‘‘(iii) in fiscal year 2002, $600,000,000; propriate officials, certifies that the foreign within the borders of, belong to, are man- country provides a comparable remedy for ‘‘(iv) in fiscal year 2003, $400,000,000; and aged by, or appertain to the State; and ‘‘(v) in fiscal year 2004, $200,000,000. United States claimants. ‘‘(C) the governing body of any Indian tribe ‘‘(h) AUTHORIZATION OF APPROPRIATIONS ‘‘(b) CLAIMS AGAINST HAZARDOUS SUB- that sustained damage to natural resources OUT OF THE GENERAL FUND.— STANCE SUPERFUND.— that— ‘‘(1) REMOVAL AND RESPONSE ACTIONS.— ‘‘(1) IN GENERAL.—Claims against the Haz- ‘‘(i) are within the borders of, belong to, There are authorized to be appropriated to ardous Substance Superfund shall not be are managed by, appertain to, or are held in the Environmental Protection Agency out of valid or paid in excess of the total amount in trust for the benefit of the tribe; or the general fund of the Treasury or from the the Hazardous Substance Superfund at any 1 ‘‘(ii) belong to a member of the tribe, if Hazardous Substance Superfund, in accord- time. those resources are subject to a trust restric- ance with section 111(a)(2)(C), to conduct re- ‘‘(2) VALIDITY OF CLAIMS EXCEEDING AMOUNT tion on alienation. moval and response actions under this Act: IN HAZARDOUS SUBSTANCE SUPERFUND.— ‘‘(2) EMERGENCY ACTION EXEMPTION.—Funds ‘‘(A) For fiscal year 2000, $900,000,000. Claims against the Hazardous Substance may be used under this Act for the restora- ‘‘(B) For fiscal year 2001, $875,000,000. Superfund in excess of the total amount in tion, rehabilitation, or replacement or acqui- ‘‘(C) For fiscal year 2002, $850,000,000. the Hazardous Substance Superfund shall be- sition of the equivalent of any natural re- ‘‘(D) For fiscal year 2003, $825,000,000. come valid only when additional amounts source only in circumstances requiring ac- ‘‘(E) For fiscal year 2004, $800,000,000. are collected for, appropriated for, or other- tion to— ‘‘(2) HEALTH ASSESSMENTS AND HEALTH CON- wise added to the Hazardous Substance ‘‘(A) avoid an irreversible loss of a natural SULTATIONS.—There are authorized to be ap- Superfund. resource; propriated to the Agency for Toxic Sub- ‘‘(3) INSUFFICIENT BALANCE.— ‘‘(B) prevent or reduce any continuing dan- stances and Disease Registry to conduct ‘‘(A) IN GENERAL.—The President shall not ger to a natural resource; or health assessments and health consultations issue an order or seek to recover costs for a ‘‘(C) prevent the loss of a natural resource under this Act, and for epidemiologic and response action at a facility if the amount in in an emergency situation similar to those laboratory studies, preparation of the Hazardous Substance Superfund is insuf- described in subparagraphs (A) and (B). toxicologic profiles, development and main- ficient to enable the President to enter into ‘‘(e) POST-CLOSURE LIABILITY FUND.—The tenance of a registry of persons exposed to an agreement or reimburse a party at the fa- President shall use the amounts in the Post- hazardous substances to allow long-term cility under subsection (a). closure Liability Fund for— health effects studies, and diagnostic serv- ‘‘(B) AUTHORIZATION OF APPROPRIATIONS.—If ‘‘(1) any of the purposes specified in sub- ices not otherwise available to determine sufficient funds are unavailable in the Haz- section (a) with respect to a hazardous waste whether persons in populations exposed to ardous Substance Superfund to satisfy disposal facility for which liability has been hazardous substances in connection with a claims or to enter into agreements, there are transferred to the Post-closure Liability release or suspected release are suffering authorized to be appropriated such amounts Fund under section 107(k); and from long-latency diseases: as are necessary to make such payments. ‘‘(2) payment of any claim or appropriate ‘‘(A) For fiscal year 2000, $60,000,000. ‘‘(4) NO LIMITATION OF AUTHORITY.—Nothing request for costs of a response, damages, or ‘‘(B) For fiscal year 2001, $55,000,000. in this subsection limits the authority of the other compensation for injury or loss result- ‘‘(C) For fiscal year 2002, $55,000,000. President to act under section 104. ing from a release of a hazardous substance ‘‘(D) For fiscal year 2003, $50,000,000. ‘‘(c) REGULATIONS.— from a facility described in paragraph (1) ‘‘(E) For fiscal year 2004, $50,000,000. ‘‘(1) OBLIGATION OF FUNDS.—The President under— ‘‘(3) HAZARDOUS SUBSTANCE RESEARCH, DEM- may promulgate regulations designating 1 or ‘‘(A) section 107; or ONSTRATION, AND TRAINING.— more Federal officials that may obligate ‘‘(B) any other Federal or State law. ‘‘(A) IN GENERAL.—There are authorized to amounts in the Hazardous Substance Super- be appropriated not more than the following fund in accordance with this section. ‘‘(f) INSPECTOR GENERAL.— amounts for the purposes of section 311(a): ‘‘(2) NOTICE TO POTENTIAL INJURED PAR- ‘‘(1) AUDIT.—In each fiscal year, the Inspec- ‘‘(i) For fiscal year 2000, $40,000,000. TIES.— tor General of the Environmental Protection ‘‘(ii) For fiscal year 2001, $40,000,000. ‘‘(A) IN GENERAL.—The President shall pro- Agency shall conduct an annual audit of— ‘‘(iii) For fiscal year 2002, $40,000,000. mulgate regulations with respect to the no- ‘‘(A) all agreements and reimbursements ‘‘(iv) For each of fiscal years 2003 and 2004, tice that shall be provided to potential in- under subsection (a); and $40,000,000. jured parties by an owner and operator of ‘‘(B) all other activities of the Environ- ‘‘(B) TRAINING LIMITATION.—Not more than any vessel or facility from which a hazardous mental Protection Agency under this Act. 15 percent of the amounts appropriated substance has been released. ‘‘(2) REPORT.—The Inspector General of the under subparagraph (A) shall be used for ‘‘(B) SUBSTANCE.—The regulations under Environmental Protection Agency shall sub- training under section 311(a) for any fiscal subparagraph (A) shall describe the notice mit to Congress an annual report that— year. that would be appropriate to carry out this ‘‘(A) describes the results of the audit ‘‘(C) UNIVERSITY HAZARDOUS SUBSTANCE RE- title. under paragraph (1); and SEARCH CENTERS.—Not more than $5,000,000 of ‘‘(C) COMPLIANCE.— ‘‘(B) contains such recommendations as the amounts available in the Hazardous Sub- ‘‘(i) IN GENERAL.—On promulgation of regu- the Inspector General considers to be appro- stance Superfund may be used in any of fis- lations under subparagraph (A), an owner priate. cal years 2000 through 2004 for the purposes and operator described in that subparagraph ‘‘(g) FOREIGN CLAIMS.—To the extent that of section 311(d). shall provide notice in accordance with the this Act permits, a foreign claimant may as- ‘‘(4) BROWNFIELD GRANT PROGRAMS.—There regulations. sert a claim to the same extent that a are authorized to be appropriated to carry ‘‘(ii) PRE-PROMULGATION RELEASES.—In the United States claimant may assert a claim out section 127 $100,000,000 for each of fiscal case of a release of a hazardous substance if— years 2000 through 2004. that occurs before regulations under sub- ‘‘(1) the release of a hazardous substance ‘‘(5) QUALIFYING STATE RESPONSE PRO- paragraph (A) are promulgated, an owner occurred— GRAMS.—There are authorized to be appro- and operator described in that subparagraph ‘‘(A) in the navigable waters of a foreign priated to maintain, establish, and admin- shall provide reasonable notice of any re- country of which the claimant is a resident; ister qualifying State response programs lease to potential injured parties by publica- or during the first 5 full fiscal years following

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00120 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 20, 1999 CONGRESSIONAL RECORD — SENATE S5753 the date of enactment of this paragraph because this bill addresses many of the tion will sign into law. There’s an old under a formula established by the Adminis- problems in Superfund that have wast- saying around here: ‘‘Don’t let the per- trator, $100,000,000 for each of fiscal years ed resources and delayed the cleanup of fect be the enemy of the good.’’ That is 2000 through 2004. hazardous waste sites across the coun- certainly the case with Superfund and ‘‘(6) DEPARTMENT OF JUSTICE.—There are authorized to be appropriated to the Attor- try. the legislation we introduce today. ney General for the enforcement of this Since I became chairman of the This is a good bill. It will make a pro- Act— Superfund, Waste Control and Risk As- found and positive difference in the ‘‘(A) for fiscal year 2000, $30,000,000; sessment Subcommittee in 1995, I have lives of millions of Americans. It is a ‘‘(B) for fiscal year 2001, $28,000,000; had one overriding goal with respect to bill that can pass the Senate on a ‘‘(C) for fiscal year 2002, $26,000,000; Superfund reform: To increase cleanups strong bi-partisan basis; and it is a bill ‘‘(D) for fiscal year 2003, $24,000,000; and by decreasing the unfairness of the law. that the President should sign into ‘‘(E) for fiscal year 2004, $22,000,000. By now, most are well aware of Su- law. ‘‘(7) PROHIBITION OF TRANSFER.—None of the funds authorized to be appropriated perfund’s dismal history. The program The Superfund Program Completion under this subsection may be transferred to was created in 1980 to clean up aban- Act makes major reforms in six areas. any other Federal agency.’’. doned hazardous waste sites. Begun Specifically, the SPCA: (b) CONFORMING AMENDMENTS.— with the best of intentions, Superfund Directs EPA to finish the job that (1) RESPONSE ACTIONS.—Section 104(c) of has failed to meet even minimal expec- was started nearly two decades ago by the Comprehensive Environmental Response tations. Despite public and private ex- completing the evaluation of the 3,000 Compensation, and Liability Act of 1980 (42 remaining sites on the CERCLA Infor- U.S.C. 9604(c)) is amended— penditures of more than $40 billion dol- lars, less than 14% of approximately mation System (CERCLIS). (A) in paragraph (1), by striking ‘‘obliga- Clearly allocates responsibility be- tions from the Fund, other than those au- 1,300 sites have been cleaned up and re- thorized by subsection (b) of this section,’’ moved from the National Priorities tween states and EPA for future clean- and inserting ‘‘, such response actions’’; and List over the last nineteen years. ups. (B) in paragraph (7), by striking ‘‘shall be The primary reason for this abysmal Protects municipalities, small busi- from funds received by the Fund from performance is Superfund’s retro- ness, recyclers, and other parties from amounts recovered on behalf of such fund active, strict, joint and several liabil- unfair liability—while making the sys- under this Act’’ and inserting ‘‘shall be from ity scheme. Under joint and several li- tem fairer for everyone else. appropriations out of the general fund of the Provides states $100 million per year ability, the EPA or a private party can Treasury’’. and full authority for their own clean- seek to hold any other potentially re- (2) INFORMATION GATHERING AND ANAL- up programs. YSIS.—Section 105(g)(4) of the Comprehensive sponsible party liable for the entire Revitalizes communities with $100 Environmental Response Compensation, and cleanup cost at a site—regardless of Liability Act of 1980 (42 U.S.C. 9605(g)(4)) is million in annual brownfields redevel- the type of contamination, when the opment grants. amended by striking ‘‘expenditure of monies material was disposed of, or whether from the Fund for’’. Requires fiscal responsibility by EPA the activity was legal at the time. (3) PRESIDENT.—Section 107(c)(3) of the and saves taxpayers money. Comprehensive Environmental Response Joint and several liability allows the Our legislation will result in more Compensation, and Liability Act of 1980 (42 government or a larger polluter to le- hazardous waste sites being cleaned U.S.C. 9607(c)(3)) is amended in the first sen- gally extort payments far in excess of a up—and in fewer dollars being wasted tence by striking ‘‘Fund’’ and inserting company’s true share of responsibility on litigation. It will give much-needed ‘‘President’’. for waste at a site. and much-deserved liability relief to (4) OTHER LIABILITY.—Section 109(d) of the Most reasonable people would agree innocent landowners, contiguous prop- Comprehensive Environmental Response that such a liability scheme is simply Compensation, and Liability Act of 1980 (42 erty owners, prospective purchasers, U.S.C. 9609(d)) is amended by striking the unfair. Worse yet, this unfairness has municipalities, small businesses and second sentence. significantly hindered progress in recyclers. Unlike EPA’s administrative (5) SOURCE OF FUNDING.—Section 119(c)(3) of cleaning up sites and wasted vast reforms, this bill does not shift costs the Comprehensive Environmental Response amounts of taxpayer funding. As one from politically popular parties to Compensation, and Liability Act of 1980 (42 might expect, when a company is faced those left holding the bag. Instead, it U.S.C. 9619(c)(3)) is amended— with paying 100% of the costs at a site requires payment of a statutory orphan (A) in the second sentence, by striking for which their true liability may be share and authorizes the use of the ‘‘For purposes of section 111, amounts’’ and less than 10%, that company will delay, inserting ‘‘Amounts’’; and Superfund Trust Fund for those shares. (B) in the third sentence— negotiate, and litigate at every stop of For those left trapped in the Super- (i) by striking ‘‘If sufficient funds are un- the process. That, unfortunately, is the fund liability scheme, the SPCA re- available in the Hazardous Substance Super- well-documented history of Superfund. quires an allocation process to deter- fund established under subchapter A of chap- It is important to recognize that this mine a party’s fair share in an expe- ter 98 of the Internal Revenue Code of 1954 to unfairness is not confined to EPA’s en- dited settlement—instead of fighting it make payments pursuant to such indem- forcement of the law. EPA merely be- out for years in court. nification or if the Fund is repealed, there’’ gins the process at most sites by tar- In addition to increasing fairness, the and inserting ‘‘There‘‘; and geting one or more large parties who SPCA provides much needed guidance (ii) by striking ‘‘payments’’ and inserting are potentially responsible for cleanup. and direction to a sometimes wayward ‘‘expenditures’’. EPA. It recognizes and builds upon the (6) REMEDIAL ACTION USING HAZARDOUS SUB- Then those parties typically turn STANCE SUPERFUND.—Section 121(d)(4)(F) of around and sue tens or hundreds of growth and strength of State hazardous the Comprehensive Environmental Response other parties—average citizens, small waste cleanup programs. It provides Compensation, and Liability Act of 1980 (42 businesses, schools, churches, and oth- new resources to States and localities U.S.C. 9621(d)(4)(F)) is amended— ers who face huge legal bills and years for their cleanup and redevelopment ef- (A) by striking ‘‘ using the Fund’’; and of expensive litigation if they don’t pay forts. As many of my colleagues know, (B) by striking ‘‘amounts from the Fund’’ up. the fear of Superfund liability has re- and inserting ‘‘funds’’. My position on this issue has been sulted in an estimated 450,000 aban- (7) AVAILABILITY OF FUNDING.—Section 122(f)(4)(F) of the Comprehensive Environ- constant: I believe that retroactive, doned or underutilized properties, or mental Response Compensation, and Liabil- strict, joint and several liability is fun- ‘‘Brownfields,’’ that lay fallow because ity Act of 1980 (42 U.S.C. 9622(f)(4)(F)) is damentally unfair. If I had my way, I private developers and municipalities amended by striking ‘‘the Fund or other would repeal it today. Some of my col- don’t want to be dragged into Super- sources of’’. leagues see things differently, however, fund’s litigation quagmire. With new Mr. SMITH of New Hampshire. I am and the bill we introduce today rep- resources and appropriate liability pro- pleased to join the distinguished chair- resents a reasonable resolution of con- tections, our bill will allow the cleanup man of the Committee on Environment flicting views on that topic. of those sites, spurring economic rede- and Public Works in introducing the While our legislation does not go as velopment in cities, towns, and rural Superfund Program Completion Act of far as many would like, I believe it areas across America. 1999. This is a good day for the environ- goes as far as we can if we are inter- We take a different approach to the ment and for the American taxpayer, ested in passing a bill this Administra- brownfields redevelopment issue than

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00121 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5754 CONGRESSIONAL RECORD — SENATE May 20, 1999 the Administration seeks. Along with tions, it is disturbing that the agency nizes and builds on the growth of state many of my colleagues, I believe that only now is developing such a strategy. cleanup programs. The SPCA also re- economic redevelopment is primarily a Nonetheless, Congress has an obliga- sponds to pleas from ASTSWMO, the State and local issue. Our approach tion to provide direction and assistance National Governors Association and provides the resources and freedom to EPA in this effort. The Superfund others to remove the ever-present States need to make progress on this Program Completion Act provides that threat of EPA over-filing and third front, rather than giving EPA new au- direction by: party lawsuits under Superfund when a thority to get into the commercial real Requiring EPA to finish evaluating site is being cleaned up under a State estate and redevelopment business. and/or archiving old sites stuck in the program. The SPCA recognizes the fact That is not EPA’s role, nor should it CERCLIS inventory, correcting the that States should be the leaders in be. Where EPA does have a role is in current imbalance between evaluating cleaning up hazardous waste sites by: identifying and addressing risks at un- uncontrolled sites and amassing con- Providing $100 million annually for controlled hazardous waste sites. Our struction completed statistics. State core and voluntary response pro- legislation ensures that EPA regains Providing EPA with a schedule of 30 grams to allow States to build on their its focus on that mission. NPL listings per year, to ensure that it impressive record of accomplishment Earlier this year, the General Ac- and the States appropriately allocate in this area. counting Office (GAO) reported that sites for cleanup under Superfund, Providing finality, except in cases of ‘‘completion of construction at exist- RCRA, or State response programs. emergency or at a State’s request, for ing sites’’ and reducing new entries Increasing current law limits on EPA cleanups conducted under State law. into the program was the Environ- removal actions to provide greater Requiring EPA to work with the mental Protection Agency’s top Super- flexibility in responding to sites that States so that sites listed on the NPL fund priority. Unfortunately, EPA’s at least initially should be the respon- are those the Governor of the State narrow focus on generating construc- sibility of the Federal government, but agrees warrant an NPL listing. tion completion statistics appears to ultimately do not require an NPL list- Mr. President, the legislation we in- have diverted resources from EPA’s ing. troduce today represents the culmina- These provisions will ensure that the fundamental mission—protecting tion of years of hard work. In the four limited universe of sites remaining in human health and the environment years I have been Chairman of the the Superfund pipeline are dealt with from releases of hazardous waste. Superfund Subcommittee, we have quickly and safely. GAO reported last year that there are heard from more than 100 witnesses, In addition to keeping EPA focused still 3,000 sites awaiting a National Pri- representing every viewpoint, in an ef- on the task at hand, our bill provides fort to grapple with the problems orities List decision by EPA, most of increased resources and authority to caused by the Superfund law. We have which have been in the CERCLIS in- the States, in recognition of the communicated with thousands of indi- ventory for more than a decade. Ac- progress made by State cleanup pro- viduals and organizations who have cording to the report, however, more grams in the last decade. than 1,200 of those sites are actually in- Superfund is notable among the urged us to fix this law. eligible for listing on the NPL, for a major Federal environmental statutes Senator CHAFEE and I have spent variety of reasons. Some of the sites not only for its abysmal track record, long hours with our Democratic col- were classified erroneously, while oth- but also for its heavy reliance on EPA leagues on the Environment and Public ers either do not require cleanup, have action rather than state implementa- Works Committee, and with EPA Ad- already been cleaned up, or have final tion. In other environmental pro- ministrator Carol Browner. So far, we cleanup underway. EPA’s failure to re- grams—RCRA, the Clean Water Act, and our staffs have devoted more than move the specter of an NPL listing at the Safe Drinking Water Act—EPA 600 hours to this effort. We have nego- these sites has likely caused signifi- typically sets general program direc- tiated issues, identified areas of agree- cant economic and social harm to the tion and provides technical support ment, eliminated many areas of con- surrounding communities. EPA needs while leaving implementation and en- troversy, and pinpointed those few re- to focus on that task. forcement to the states. In the Super- maining areas where our differences In addition, far too many of the sites fund program, however, EPA takes a will need to be resolved through the that are still potentially eligible for direct role in both enforcement and legislative process itself. I look for- listing have received little or no atten- cleanup. This leadership role was origi- ward to working with my colleagues on tion from EPA. EPA admitted taking nally justified by a perceived inability both sides of the aisle during that proc- no cleanup action at all at 336 sites and or alleged unwillingness on the part of ess. provided no information for another 48 states to perform or oversee cleanups. Before I close, let me say a few words sites. The only action taken at 719 sites The situation today is far different. about taxes. Simply put, there are no was an initial site assessment. EPA’s The Environmental Law Institute re- taxes required to finance this bill, and inattention may be due to the fact that ported last year that States have now I will oppose all attempts to attach EPA and state officials together identi- completed 41,000 cleanups, with an- them to it. fied only 232 of the sites as worthy of other 13,700 in progress. The Associa- Congress has appropriated more than being added to the NPL. In that case, tion of State and Territorial Solid $20 billion to support EPA’s Superfund however, the appropriate response is to Waste Management Officials program during the past 19 years. The archive the sites while ensuring that (ASTSWMO) reports that ‘‘States are GAO reports that amount includes any necessary cleanup occurs under not only addressing more sites at any more than $6 billion of unrecovered some other Federal or state program. given time, but are also completing ‘‘recoverable costs.’’ ‘‘Recoverable EPA needs to focus on that task as more sites through streamlined State costs’’ are taxpayer expenditures that well. programs. State programs have ma- EPA made in anticipation of recov- Unforfunately, there is also disagree- tured and increased in their infrastruc- ering them from individual polluters at ment between EPA and state officials ture capacity.’’ sites. That sum alone would be suffi- about even those 232 sites. EPA identi- Most now recognize that states have cient to finance EPA’s cleanup efforts fied 132 that may be listed on the NPL made great strides in their programs, throughout the life of this reauthoriza- in the future, but state officials agreed and even EPA in May of 1998 released a tion. Our bill allows those funds to be on only 26 of those. Conversely, state ‘‘Plan to Enhance the Role of States used for cleanup when EPA does re- officials identified a different group of and Tribes in the Superfund Program.’’ cover them. Further, there should be 100 sites as worthy of an NPL listing in Not surprisingly, while that plan ap- no doubt that Congress will continue the future. pears to provide some increased oppor- to appropriate funds needed for EPA to EPA agreed with GAO’s recommenda- tunities for state leadership, it also en- finish its job. More taxes are not re- tion that it ‘‘develop a joint strategy’’ visions a significant, on-going role for quired to finance this bill or to finish with the States for addressing these EPA. the Superfund program. sites. After nearly 20 years and $20 bil- The Superfund Program Completion During the last two Congresses, I was lion in taxpayer funded EPA appropria- Act, on the other hand, assists, recog- willing to support the reimposition of

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00122 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 20, 1999 CONGRESSIONAL RECORD — SENATE S5755 taxes to finance Superfund legislation responsible for pollution at a Super- clusions. There is no need for addi- with major changes in the areas of fund site. The Administration agrees. tional tax revenue. I want to quote remedy selection and natural resource A majority of the Congress agrees. The from their letter because the Senators damages—as well as more sweeping li- environmental community agrees. Sen- said it just right. ability reforms than are contained in ator SMITH’s bill will fix the recycler’s ‘‘Many responsible parties who have the bill we introduce today. There re- problem and remain faithful to the en- already paid for their own cleanups mains a real need for those reforms, vironment. would also be liable for reimposed and I pledge to continue my efforts in Over the past three decades, concern taxes. They are frankly unwilling to that regard. for our environment and natural re- see the tax reinstated unless there are The bill we introduce today, however, sources has grown—as has the desire to sweeping reforms in the structure of is designed to achieve all that we can recycle and reuse. This makes environ- the program, as well. We find their ar- under the current Administration. It mental sense. This legislation would guments persuasive. We will not vote represents substantial, real reform remove an unintended yet troublesome to reimpose the tax, unless it is part of that will help thousands of commu- legal obstacle to recycling. This bill a comprehensive Superfund reform.’’ nities and millions of Americans. I corrects current law and encourages re- ‘‘There is a second reason for our op- urge my colleagues to support it. cycling. It simply recognizes that recy- position to a tax extension at this Mr. LOTT. Mr. President, today, I am cling is not disposal and that time. As we noted in a recent letter to pleased to join my colleagues Senator recyclables are not waste. Common Administrator Browner, Congress has BOB SMITH and Senator. JOHN CHAFEE sense tells us that recycling something appropriated $15.9 billion for Superfund in introducing the Superfund Program is not the same as disposing of it. from its inception through 1988. The Completion Act. For several years Con- This bill will help level the playing Superfund Trust Fund was created to gress has worked diligently to find field between the use of recycled goods facilitate rapid cleanups carried out by common ground for all parties in- and competitive virgin raw materials. the federal government’s expenditures volved, common ground that will also Currently suppliers of virgin raw mate- would be recovered from responsible correct the flaws of the original law. rials face no Superfund liability for parties once the cleanup action was Senator SMITH’s legislation will do just contamination caused by the con- complete. This is real ‘‘polluters pay’’ that. sumer. This bill will supply the same principle.’’ In 1980, Congress approved the Com- waiver to those who sell recyclable ma- ‘‘However, only a small percentage of prehensive Environmental Response terials. the $15.9 billion has been recovered. To Compensation and Liability Act This bill also contains protections to date, the Agency has obtained commit- (CERCLA) which was intended to pay ensure that sham recyclers are unable ments to recover $2.4 billion. EPA has for the cleanup of the nation’s most to benefit from this exemption. In written off $5 billion of past expendi- hazardous waste sites. This law became order for recyclers to be relieved of tures and GAO reports that another known as Superfund—a bit ironic since Superfund liability, they must act in $1.9 billion is likely unrecoverable be- the law provides no funding, but in- an environmentally sound manner and cause EPA did not properly calculate stead requires those who operated or sell their product to manufacturers its indirect costs. This is a troubling used the landfill to pay for the cleanup. with environmentally responsible busi- record. A good cost recovery program There is logic and fairness in requir- ness practices. Considering that most that actually made the real polluters ing the polluters to pay for the clean- recyclers are currently operating in a (as opposed to the taxpaying indus- up; however, Superfund’s liability reasonable and conscience manner, this tries) pay could have recovered suffi- structure was so poorly planned exces- should be an easy test. cient funds to carry Superfund through sive litigation was encouraged. Cleanup Mr. President, the recycling portion another authorization cycle without did not occur and costs were passed to of the bill is the product of lengthy ne- the reimposition of taxes. We are reluc- small businesses across the nation. gotiations between the federal and tant to ask Superfund taxpayers to Superfund did cause unnecessary law- state governments, the environmental once again prop up a Trust Fund that suits and wasted valuable time, all the community and the recycling industry. EPA has allowed to dwindle.’’ while leaving sites across America pol- It serves only one purpose—to remove Mr. President, I’m very impressed luted. from the liability loop those who col- with the Chairman CHAFEE and Chair- Mr. President, this new legislation by lect and ship recyclables to a third man SMITH have done in getting this Senators SMITH and CHAFEE would ex- party site. These negotiations have re- bill drafted and introduced. They are empt those small businesses who acted sulted in a provision that I believe to also working on a second major envi- in good faith and are still being be both environmentally and fiscally ronmental bill in the waste area— dragged into Superfund as third and sound. By removing the threat of RCRA. Last year we jointly requested fourth party defendants by simply Superfund liability for recyclers, we a report from the GAO on what saving throwing out their household trash. will encourage more recycling. and efficiencies can be achieved with Superfund does not distinguish large Mr. President, while this provision is rifle shot fixes. This year Senators from small, nor does it distinguish pol- not precisely the Superfund Recycling CHAFEE and SMITH have been diligently luters from responsible businesses. In Equity Act which Senator DASCHLE and working on finalizing a legislative ap- many instances, these business owners I introduced last year—a bill which was proach that is compatible to this GAO did nothing wrong. Yet, the law penal- supported by 63 of our Senate col- study. I know their staffs have been izes people for something that at one leagues—I look forward to working consulting with all the stakeholders, time was legal. with all parties to ensure we pass a bill and I look forward to seeing this bill Virtually all sides agree that some that the Administration, environ- this summer. Hopefully, both bills will small businesses should have never mentalists, and industry can support. have a chance to advance through the been pulled into the system. While this Mr. President, I will also work with legislative process so that the full Sen- legislation would not be retroactive, it my colleagues to ensure that no Super- ate can consider them. Both ap- will save small businesses in other fund taxes will be reinstated. After proaches are reforms that Americans communities from future Superfund many years and millions and millions deserve and need. lawsuits. It is important to reward of dollars spent by the government, As environmentalists talk about laws those who have acted responsibly. I be- large businesses, municipalities, which protect the environment, Con- lieve Senator SMITH’s bill is respon- schools, and small businesses, only a gress must determine who actually sible. fraction of the costs has been devoted bears the burden of cost, and determine Mr. President, I do not believe there to cleanup. This cannot continue to the balance. Superfund does not dis- is one Senator who is pleased with the happen. criminate. The way Superfund is being way in which the Superfund statute I have seen a copy of the May 14, 1999, implemented, it attacks our neighbors, has operated. Like small businesses, re- letter from Senators CHAFEE and SMITH our schools, and even our corner gro- cyclers have also been targeted to pay to the Environmental Protection Agen- cers. The Superfund Program Comple- for cleanup. They should not be held cy, and I completely agree with its con- tion Act makes positive strides toward

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00123 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5756 CONGRESSIONAL RECORD — SENATE May 20, 1999 correcting the balance and reflects so- This bill does not create any new Of- (2) findings in pediatric research not only ciety’s progress from the 80’s and in- fice, Center, or Institute. I would sim- promote and maintain health throughout a corporates the methods of the 90’s. ply authorize funding for more re- child’s lifespan, but also contribute signifi- search and better research coordina- cantly to new insights and discoveries that By Mr. DEWINE (for himself, Mr. will aid in the prevention and treatment of tion for children—not infrastructure. illnesses and conditions among adults; KENNEDY, and Mr. BOND): In addition to authorizing the Initia- S. 1091. A bill to amend the Public (3) the rapidly expanding knowledge base tive, the legislation would authorize in biology and medicine is offering greater Health Service Act to provide for the new funding, through the National In- opportunities than ever for pediatric physi- establishment of a pediatric research stitutes of Child Health and Human De- cian-scientists and basic researchers to har- initiative; to the Committee on Health, velopment (NICHD), for pediatric re- ness this knowledge to the benefit of chil- Education, Labor, and Pensions. search training grants to provide a dren and society; THE PEDIATRIC RESEARCH INITIATIVE ACT OF major increase in support for training (4) the relatively smaller number of chil- dren compared as to adults and the relative 1999 additional pediatric research sci- Mr. DEWINE. Mr. President, today I rarity of many of their diseases and condi- entists. We need to strengthen our na- tions has resulted in comparatively fewer re- rise to introduce legislation that will tional investment in pediatric research increase our nation’s investment in pe- sources being devoted to pediatric research training. diatric research. and a lesser focus on children’s needs; The supply of pediatrician scientists (5) substantially more of the support for Despite the medical breakthroughs needs to increase if we are to fulfill the children’s health research is provided that have been made by health re- new NIH policies that require the par- through the Federal Government than is the searchers in recent years, it is obvious ticipation of children in NIH-funded case for adults because of these market that health care research is under clinical trials and the new Food and forces; funded. I have joined with many sen- (6) a new commitment to invest in chil- Drug Administration (FDA) policies ators to express support for doubling dren’s research today will make a real dif- that require the testing of drugs for the budget at HIH for biomedical re- ference for children tomorrow; search. I will continue to fight for this use by children before they can receive (7) the commitment to invest in children’s increased funding so that NIH can ex- FDA approval. research should include not only added in- The number of pediatricians training vestment that is devoted to pediatric re- pand its research efforts. An increase to become subspecialists—the potential search but should also focus on ensuring the in funding is especially needed to im- supply of future pediatrician sci- existence of a future supply of pediatric phy- prove our knowledge about illnesses entists—is declining. The number of sician-scientists; and conditions affecting children. medical school pediatric departments (8) the supply of pediatric physician-sci- Children under age 12 represent 30 entists is threatened by market demands percent of the population—and yet, that receive significant NIH research which provide little room for support for re- NIH devotes less than 12 percent of its training grant support is limited— search training for new pediatric physician- budget to their needs. There has been a fewer than half receive any NIH re- scientists; growing consensus that children’s search training grants. Many pediatri- (9) over 60 percent of the pediatric depart- health deserves more attention from cians in training have little or no expo- ments in the United States have no National sure to research. Institutes of Health training grant support; the research community. and The bill I am introducing today Together, the Pediatric Research Ini- tiative and the pediatric research (10) improvements in the level of training would help us begin to remedy the need grant support is essential to ensuring the ex- for stronger investment in children’s training grants are crucial investments istence of future generations of pediatric health research. I thank Senator BOND in our country’s future—and will clinical investigators who are responsible for for joining with me in sponsoring this produce great returns. If we focus on moving research discoveries from the labora- important legislation. This bill would improving health care for our children, tories to the patients, and who are therefore authorize the Pediatric Research Ini- we’ll set the stage for them becoming critical to clinical research. tiative within the Office of the Direc- healthy adults. SEC. 3. ESTABLISHMENT OF A PEDIATRIC RE- tor of National Institutes of Health This important legislation has the SEARCH INITIATIVE. (NIH) to encourage, coordinate, sup- support of the pediatric research com- Part A of title IV of the Public Health port, develop, and recognize pediatric munity in children’s hopsitals and uni- Service Act (42 U.S.C. 281 et seq.) is amended research. versity pediatric departments all over by adding at the end the following: The bill would authorize $50 million the country, including the National As- ‘‘SEC. 404F. PEDIATRIC RESEARCH INITIATIVE. annually for the next three years. Dur- sociation of Children’s Hospitals, Asso- ‘‘(a) ESTABLISHMENT.—The Secretary shall ing the last three years, I worked with ciation of Medical School Pediatric De- establish within the Office of the Director of my colleagues to fund this important partment Chairmen, American Pedi- NIH a Pediatric Research Initiative (referred Initiative and as a result, it received $5 atric Society, and Society for Pediatric to in this section as the ‘Initiative’). The Ini- million in fiscal year (FY) 1997, $38.5 Research, as well as the Juvenile Dia- tiative shall be headed by the Director of NIH. million in FY 1998, and at least $38.5 betes Foundation International, March of Dimes, Association of Ohio Chil- ‘‘(b) PURPOSE.—The purpose of the Initia- million in FY 1999. I look forward to tive is to provide funds to enable the Direc- working with my colleagues again to dren’s Hospitals, and many more tor of NIH to encourage— continue on the path toward reaching I urge my colleagues to support this ‘‘(1) increased support for pediatric bio- the necessary funding level. investment in our children and cospon- medical research within the National Insti- Under this bill, the Initiative would sor this bill. I ask unanimous consent tutes of Health to ensure that the expanding provide $45 million over the next three that the text of my legislation be opportunities for advancement in scientific years to encourage new initiatives and printed in the RECORD. investigations and care for children are real- promising areas of pediatric research. There being no objection, the bill was ized; It would also promote greater coordi- ordered to be printed in the RECORD, as ‘‘(2) enhanced collaborative efforts among follows: the Institutes to support multidisciplinary nation in children’s health research. research in the areas that the Director Today, there are some 20 Institutes and S. 1091 deems most promising; and Centers and Offices within NIH that do Be it enacted by the Senate and House of Rep- ‘‘(3) the development of adequate pediatric something in the way of pediatrics. In resentatives of the United States of America in clinical trials and pediatric use information my view, we need to bring some level of Congress assembled, to promote the safer and more effective use coordination and focus to these efforts. SECTION 1. SHORT TITLE. of prescription drugs in the pediatric popu- In developing this Initiative, I have This Act may be cited as the ‘‘Pediatric lation. made sure that it would give the Direc- Research Initiative Act of 1999’’. ‘‘(c) DUTIES.—In carrying out subsection tor of NIH as much discretion as pos- SEC. 2. FINDINGS. (b), the Director of NIH shall— sible. The money has to be spent on Congress finds that— ‘‘(1) consult with the Institute of Child (1) innovations in health care, deriving Health and Human Development and the outside research, so that the dollars from scientific investigation of the highest other Institutes, in considering their re- flow out to the private sector—but it quality, offer substantial benefits to the quests for new or expanded pediatric re- can go toward basic research or clinical well-being of children and savings in health search efforts, and consult with other advi- research. care costs; sors as the Director determines appropriate;

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00124 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 20, 1999 CONGRESSIONAL RECORD — SENATE S5757 ‘‘(2) have broad discretion in the allocation same issue, and ultimately a com- provide for the protection of various of any Initiative assistance among the Insti- promise was reached whereby FDA historical sites in the Galisteo Basin. tutes, among types of grants, and between agreed not to promulgate its MedGuide The Basin is located in and around basic and clinical research so long as the— regulations for a period of time so that Santa Fe County, New Mexico, as de- ‘‘(A) assistance is directly related to the illnesses and conditions of children; and the private sector would have the op- picted by this map. (See, map) To un- ‘‘(B) assistance is extramural in nature; portunity to work with the Adminis- derstand the importance of these sites, and tration to develop a voluntary action it’s important to understand the his- ‘‘(3) be responsible for the oversight of any plan to continue to increase the qual- tory of this Basin. newly appropriated Initiative funds and an- ity and quantity of written informa- Mr. President, when the Spanish Con- nually report to Congress and the public on tion already being provided to con- quistadores arrived in New Mexico in the extent of the total extramural support sumers with prescription medication. 1598, they found a thriving native for pediatric research across the NIH, includ- Under the agreement which was en- Pueblo culture with its own unique tra- ing the specific support and research awards acted into law as part of the FY 97 Ag- ditions of religion, architecture, and allocated through the Initiative. ‘‘(d) AUTHORIZATION.—To carry out this riculture Appropriations, FDA is pro- art, which was enriched and influenced section, there is authorized to be appro- hibited from implementing any part of by an extensive system of trade. The priated in the aggregate, $50,000,000 for each the MedGuide regulations until the subsequent history of conflict and co- of the fiscal years 2000 through 2002. year 2001. When we get to the year 2001, existence between these two cultures, ‘‘(e) TRANSFER OF FUNDS.—The Director of FDA would be permitted to move for- Pueblo Indian and Spanish, shaped NIH may transfer amounts appropriated ward with the MedGuide initiative only much of the language, art, and cultural under this section to any of the Institutes if voluntary efforts failed to get writ- worldview of New Mexicans today. for a fiscal year to carry out the purposes of ten information to 75 percent of all pa- That initial history of cultural inter- the Initiative under this section.’’. tients receiving a new prescription. action in New Mexico encompassed a SEC. 4. INVESTMENT IN TOMORROW’S PEDIATRIC RESEARCHERS. Regrettably, FDA has chosen not to period of a little over one hundred Subpart 7 of part C of title IV of the Public live up to its part of the agreement. years from the 1598, through the Pueb- Health Service Act (42 U.S.C. 285g et seq.) is The agency’s final rule to require lo revolt in 1680, and the recolonization amended by adding at the end the following: Medication Guides for selected pre- by the Spanish in the early 1700s. ‘‘SEC. 452E. INVESTMENT IN TOMORROW’S PEDI- scription drugs, which will take effect Among these sites are examples of both ATRIC RESEARCHERS. on June 1, 1999, is in clear violation of the stone and adobe pueblo architec- ‘‘(a) IN GENERAL.—The Secretary shall federal law. It appears that FDA is de- tural styles which typified Native make available within the National Institute liberately ignoring the law. It would be American pueblo communities prior to of Child Health and Human Development en- my hope that the Administration hanced support for extramural activities re- and during early Spanish colonization, lating to the training and career develop- would hold in abeyance the implemen- including two of the largest of these ment of pediatric researchers. tation of the MedGuide regulations, ancient towns, San Marcos and San ‘‘(b) PURPOSE.—The purpose of support pro- and honor the remainder of the mora- Lazaro Pueblos, which each had thou- vided under subsection (a) shall be to ensure torium relating to this rule making. sands of rooms at their peak. Also in- the future supply of researchers dedicated to However, I am not confident that this cluded in these sites are spectacular the care and research needs of children by will occur, and therefore this bill is examples of Native American providing for— necessary so that we can put back into petroglyph art as well as historic mis- ‘‘(1) an increase in the number and size of place the terms of the agreement that institutional training grants to medical sions which were constructed as part of school pediatric departments and children’s were made with the Administration the Spaniards’ drive to convert the na- hospitals; and during the 104th Congress. tive populace to Catholicism. The ‘‘(2) an increase in the number of career de- Finally, I should point out that hold- twenty six archeological sites ad- velopment awards for pediatricians building ing off the implementation of the dressed in this bill provide cohesive careers in pediatric basic and clinical re- MedGuide rule will not deny patients picture of this crucial nexus in New search. access to prescription drug informa- Mexican history, depicting the culture ‘‘(c) AUTHORIZATION.—To carry out this tion, nor will it preclude FDA from of the pueblo people, and illustrating section, there is authorized to be appro- communicating with pharmaceutical priated, $10,000,000 for fiscal year 2000, how it was affected by the Spanish set- companies and community phar- tlers . $15,000,000 for fiscal year 2001, and $20,000,000 macists about the importance of pro- for fiscal year 2002.’’. Mr. President, through these sites, viding information to patients about we have an opportunity to truly under- BY MR. CRAPO: their prescription drugs. In other stand the simultaneous growth and the S. 1092. A bill to amend the Federal words, nothing in this bill should be coexistence of these two cultures. Un- Food, Drug, and Cosmetic Act with re- construed as restricting the ability of fortunately, this is an opportunity we spect to regulation of pharmacists, and the FDA to use its existing authority may soon lose. Most of these sites are for other purposes; to the Committee regarding the provision of written pa- not currently part of any preservation on Health, Education, Labor, and Pen- tient information on a product-by- program and through weathering, ero- sions. product basis with certain prescription sion, vandalism, and amateur exca- medications. PHARMACIST’S PATIENT PROTECTION ACT OF 1999 vations are losing their interpretive Let the competitive retail pharmacy ∑ Mr. CRAPO. Mr. President. I rise value. marketplace continue to make great today to introduce the ‘‘Pharmacist’s This legislation creates a program strides in providing consumers with Patient Protection Act of 1999.’’ The under the Department of the Interior meaningful, accurate and easily under- purpose of the legislation is to stop the to preserve these sites, and to provide stood written information about pre- implementation of final regulations interpretive research in an integrated scription drugs. I urge my colleagues that have been issued by the Food and manner. While many of these sites are to co-sponsor the ‘‘Pharmacist’s Pa- on federal public land, many are pri- Drug Administration that will require tient Protection Act of 1999.’’∑ community pharmacists to provide vately owned and a few are on state agency sanctioned information when By Mr. BINGAMAN: trust lands. The vision behind this leg- certain prescription drugs are dis- S. 1093. A bill to establish the islation is that an integrated preserva- pensed to a patient. Such regulations, Galisteo Basin Archaeological Protec- tion program at sites on Federal lands commonly called ‘‘MedGuides’’, were tion Sites, to provide for the protection could serve as a foundation for archae- issued in final form on December 1, of archaeological sites in the Galisteo ological research that could be aug- 1998. Basin of New Mexico and for other pur- mented with voluntary cooperative Now why would Congress want to poses; to the Committee on Energy and agreements with state agencies and prohibit a regulation which would give Natural Resources. private land owners. These agreements patients written information about GALISTEO BASIN ARCHAEOLOGICAL PROTECTION would provide landowners with the op- their medications? The answer is very ACT OF 1999 portunity for technical and financial simple. During the 104th Congress, the Mr. BINGAMAN. Mr. President, I rise assistance to preserve the sites on House and Senate debated this very today to introduce a bill designed to their property. Where the parties deem

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00125 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5758 CONGRESSIONAL RECORD — SENATE May 20, 1999 it appropriate, the legislation would SEC. 3. ESTABLISHMENT OF GALISTEO BASIN AR- able, the Secretary shall prepare and trans- also allow for the purchase or exchange CHAEOLOGICAL PROTECTION SITES. mit to the Committee on Energy and Re- of property to acquire these very valu- (a) IN GENERAL.—The archaeological sites sources of the United States Senate and the listed in subsection (b), as generally depicted able sites. With such a program in Committee on Natural Resources of the on a map entitled ‘‘Galisteo Basin Archae- United States House of Representatives, a place, we should be able to preserve the ological Protection Sites,’’ and dated May general management plan for the identifica- history embodied in these sites for fu- 1999, are hereby designated as ‘‘Galisteo tion, research, protection, and public inter- ture generations. Basin Archaeological Protection Sites’’ (in pretation of the archaeological protection Mr. President, I would also like to this Act referred to as the ‘‘archaeological sites located on Federal land and for those add that this legislation is supported protection sites’’). sites for which the Secretary has entered by Cochiti Pueblo which is culturally (b) SITES DESCRIBED.—The archaeological into Cooperative Agreements regarding sites sites referred to in subsection (a) consist of and historically tied to these sites. I that are located on private or state lands. 26 sites in the Galisteo Basin, New Mexico, (2) CONSULTATION.—The plan shall be devel- have received a letter from Isaac Her- totaling approximately 4022 acres, as follows: oped by the Secretary in consultation with rera , the Governor of Cochiti Pueblo Name Acres the Governor of New Mexico, the New Mexico expressing his support and that of the Arroyo Hondo Pueblo ...... 21 State Land Commissioner, affected Native tribal council. Governor Herrera notes Burnt Corn Pueblo ...... 110 American pueblos, and other interested par- that the tribe has already donated Camino Real Site ...... 1 ties. $10,000 to the preservation of one of Chamisa Locita Pueblo ...... 40 SEC. 6. COOPERATIVE AGREEMENTS. these sites. This legislation is also sup- Comanche Gap Petroglyphs ...... 768 The Secretary is authorized to enter into Espinoso Ridge Site ...... 160 cooperative agreements with the owners of ported by the State Land Commis- La Cienega Pueblo & Petroglyphs ..... 126 sioner. non-Federal land with regard to the inclu- La Cienega Pithouse Village ...... 179 sion of the archaeological protection sites Let me conclude by showing you La Cieneguilla Petroglyphs ...... 186 located on their property. The purposes of La Cieneguilla Pueblo ...... 12 some examples of these magnificent such an agreement shall be to protect, pre- Lamy Pueblo ...... 30 sites. These first 2 charts are from the serve, maintain, and administer the archae- Lamy Junction Site ...... 65 Comanche Gap site, they are out- ological resources and associated lands of Las Huertas ...... 20 such a site. Where appropriate, such agree- standing examples of petroglyph art. Pa’ako Pueblo ...... 29 ment may also provide for public interpreta- The next three charts I have show Petroglyph Hill ...... 90 tion of an archaeological protection site. three of the various pueblo sites. The Pueblo Blanco ...... 533 first, Pueblo Blanco. As you can see Pueblo Colorado ...... 120 SEC. 7. ACQUISITIONS. the drywash at the top of the picture Pueblo Galisteo/Las Madres ...... 284 (a) IN GENERAL.—The Secretary is author- and the road at the bottom, these are Pueblo Largo ...... 60 ized to acquire lands and interests therein Pueblo She ...... 120 within the boundaries of the archaeological the types of erosion threats which I protection sites, and access thereto, by dona- mentioned earlier. The next picture is Rote Chert Quarry ...... 1 San Cristobal Pueblo ...... 390 tion, by purchase with donated or appro- Arroyo Hondo. Again, you have a San Lazaro Pueblo ...... 416 priated funds, or by exchange. drywash at the top, a major road along San Marcos Pueblo ...... 152 (b) CONSENT OF OWNER REQUIRED.—The the site, and development around the Tonque Pueblo ...... 97 Secretary may only acquire lands or inter- site, which shows the threats posed. Fi- Upper Arroyo Hondo Pueblo ...... 12 ests therein within the consent of the owner nally is the Pueblo of Colorado, once thereof. again showing the threat of erosion Total Acreage ...... 4,022 (c) STATE LANDS.—The Secretary may ac- quire lands or interests therein owned by the from the drywashes above. (c) AVAILABILITY OF MAP.—The Secretary shall keep the map referred to in subsection State of New Mexico or a political subdivi- Mr. President, I want to especially sion thereof only by donation or exchange. thank Jessica Schultz who has been an (a) on file and available for public inspection in appropriate offices in New Mexico of the SEC. 9. WITHDRAWAL. intern in my office this past year, and Bureau of Land Management and the Na- Subject to valid existing rights, all Federal has done yeoman work in providing re- tional Park Service. lands within the protection sites are hereby search for this bill and in helping to (d) BOUNDARY ADJUSTMENTS.—The Sec- withdrawn— draft it. retary may make minor boundary adjust- (1) from all forms of entry, appropriation, Mr. President, I ask unanimous con- ments by publishing notice thereof in the or disposal under the public land laws and all Federal Register. amendments thereto; sent to have the text of the Galisteo (2) from location, entry, and patent under SEC. 4. ADDITIONAL SITES. Basin Archaeological Protection Act of the mining law and all amendments thereto; (a) IN GENERAL.—The Secretary of the In- 1999 printed in the RECORD. and terior (in this Act referred to as the ‘‘Sec- There being no objection, the bill was (3) from disposition under all laws relating retary’’) shall to mineral and geothermal leasing, and all ordered to be printed in the RECORD, as (1) continue to search for additional Native amendments thereto. follows: American and Spanish colonial sites in the S. 1093 Galisteo Basin area of New Mexico; and SEC. 10. AUTHORIZATION OF APPROPRIATION. There are authorized to be appropriated Be it enacted by the Senate and House of Rep- (2) submit to Congress, within three years after the date funds become available and such sums as may be necessary to carry out resentatives of the United States of America in the provisions of this act. Congress assembled. thereafter as needed, his recommendations for additions to, deletions from, and modi- SECTION 1. SHORT TITLE. fications of the boundaries of the list of ar- By Mr. CONRAD (for himself and This Act may be cited as the ‘‘Galisteo chaeological protection sites in section 4 of Mr. HATCH): Basin Archaeological Protection Act’’. this Act. S. 1095. A bill to amend section 29 of SEC. 2. FINDINGS. (b) ADDITIONS ONLY BY STATUTE.—Addi- the Internal Revenue Code of 1986 to (a) The Congress finds the following: tions to or deletions from the list in section extend the placed in service date for (1) The Galisteo Basin and surrounding 3(b) shall be made only by an Act of Con- biomass and coal facilities; to the Com- area of New Mexico is the location of many gress. mittee on Finance. well preserved prehistoric and historic ar- SEC. 5. ADMINISTRATION. THE BIOMASS AND COAL FACILITIES EXTENSION chaeological resources of Native American (a) IN GENERAL.—The Secretary shall ad- ACT and Spanish colonial cultures; minister the archaeological protection sites, ∑ (2) These resources include the largest which are located on Federal lands, in ac- Mr. CONRAD. Mr. President, today I ruins of Pueblo Indian settlements in the cordance with the provisions of this Act, the join again with my friend from Utah, United States, spectacular examples of Na- Archaeological Resources Protection Act of Senator HATCH, to introduce the Bio- tive American rock art, and ruins of Spanish 1979 (16 U.S.C. 470aa et seq.), and the Native mass and Coal Facilities Extension colonial settlements; and American Graves Protection and Repatri- Act. This legislation would extend by (3) These resources are being threatened by ation Act (25 U.S.C. 3001 et. seq.), and other eight months the placed-in-service date natural causes, urban development, van- applicable laws in a manner that will pro- under section 29 of the Internal Rev- dalism, and uncontrolled excavations. tect, preserve, and maintain the archae- enue Code. (b) PURPOSE.—The purpose of this Act is to ological resources and provide for research provide for the preservation, protection, and thereon. We are offering the same bill we of- interpretation of the nationally significant (b) MANAGEMENT PLAN.— fered in the 105th Congress because the archaeological resources in the Galisteo (1) IN GENERAL.—Within three complete fis- problem addressed by the bill remains Basin in New Mexico. cal years after the date funds are made avail- uncorrected. The change we propose is

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00126 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 20, 1999 CONGRESSIONAL RECORD — SENATE S5759 necessary in order to alleviate a hard- Mr. HATCH. Mr. President, I stand contract deadline, allow more projects ship taxpayers are suffering as a result today with my colleague, Senator CON- to be initiated, or change the 2008 dead- of their reliance on actions taken by RAD, to introduce legislation aimed at line for receiving the section 29 tax Congress nearly three years ago. helping companies to develop tech- credit. This bill simply restores some A number of taxpayers made substan- nologies for cleaner burning fuels. This of the time that taxpayers lost in their tial commitments of resources to de- is important to the people in my home efforts to develop environmentally velop alternative fuel technology state of Utah where air pollution is one friendly fuels under section 29. projects in good faith reliance on the of the top concerns of citizens. Bringing new alternative fuel tech- incentives provided in the Small Busi- I believe that cleaner burning fuels nologies to the market is an important ness Protection Act of 1996. Under that that will reduce emissions is a key ele- part of our commitment to a cleaner law, Congress intended to ensure that ment of the solution to this problem. environment and a secure economy. alternative fuel technology projects in- The Biomass and Coal Facilities Exten- Congress reflected that commitment in volving coal and biomass would qualify sion Act would provide a tool for com- our efforts to mitigate some of the fi- for the credit provided under section 29 panies that are stepping into this void nancial risk involved in developing this of the Internal Revenue Code as long as and developing clean burning fuels by much needed technology in 1996. This projects were subject to a binding con- extending the ‘‘placed in service’’ date bill maintains that commitment. I tract by December 31, 1996 and placed under section 29 for facilities that urge my colleagues to support this leg- in service by June 30, 1998. produce alternative fuels. islation. That should have settled the matter. Section 29 was originally created to However, a proposal offered by the Ad- encourage the development of alter- By Mr. BAUCUS (for himself, Mr. ministration in February 1997 con- native fuels to reduce our dependence BINGAMAN, Mr. DORGAN, Mr. tained a proposal to shorten the on imports and to reduce the environ- KERREY, Mr. JOHNSON, and Mr. placed-in-service deadline by a full mental impacts of certain fuels. With DASCHLE): year for facilities producing gas from the enormous reserves of low rank S. 1099. A bill to establish a mecha- biomass and synthetic fuel from coal. coals and lignite in the United States nism for using the duties imposed on The Administration was concerned and around the world, and with the po- products of countries that fail to com- about what it characterized as rapid tential for use of biomass and other al- ply with WTO dispute resolution deci- growth in the section 29 credit. Con- ternatives, it is particularly important sion to provide relief to injured domes- gress considered that argument, but to the American economy and to our tic producers; to the Committee on Fi- concluded that no change in the 1996 environment that new, more environ- nance. legislation was necessary. mentally friendly fuels are brought to TRADE INJURY COMPENSATION ACT In the tax legislative arena, even a market both here and in developing na- Mr. BAUCUS. Mr. President, on be- mere proposal can have consequences. tions. half of myself and Senators BINGAMAN, When the Joint Committee on Tax- Bringing new technologies to market DORGAN, KERREY, JOHNSON, and ation published its analysis of the Ad- is financially risky. In particular, find- DASCHLE. I rise to introduce the Trade ministration’s budget proposals in ing investors to take a new technology Injury Compensation Act of 1999. March 1997, it warned Congress about from a laboratory table to the market- Under U.S. trade law, we may retali- just such a consequence as it observed place is difficult because working the ate when a trading partner improperly that ‘‘[b]ecause the binding contract bugs out of a first-of-a-kind, full-sized closes its market to American goods or date has already passed * * * the pro- plant is a costly undertaking. Incen- services. In certain circumstances, the posal might place an unfair financial tives to bring new, clean energy tech- World Trade Organization endorses burden on those taxpayers who are nologies to the market in the U.S. are that retaliation. The normal form of bound to contracts entered into prior a worthwhile use of the tax code. trade retaliation is to increase the tar- to the Administration’s announce- In 1996, Congress provided sufficient iff to one hundred percent on a des- ment.’’ incentives to make the development of ignated list of imported goods. Mr. President, that is exactly what alternative fuels a viable pursuit by ex- The intention of retaliation is not happened—many taxpayers who found tending the section 29 ‘‘placed in serv- protectionist. It is just the opposite— themselves in that situation lost their ice’’ date for facilities designed to use the leverage of access to the huge sources of funding because financial in- produce energy from biomass or proc- United States market to open up a for- stitutions were obligated to take into essed coals to July 1, 1998, provided eign market and expand trade. Retalia- account the possibility that the Ad- that those facilities were constructed tion is a tool designed to inflict enough ministration’s proposal could have be- pursuant to a binding contract entered economic pain on a trading partner come law. Because the tax credit plays into before January 1, 1997. Many con- that he returns to the negotiating a significant role in the financial ex- tracts were signed and construction table and removes the trade barriers amination lenders must make, its po- projects started. that started the problem in the first tential loss made securing the nec- Then the Administration released its place. Sometimes these negotiations essary financing impossible for tax- budget in February 1997. It contained a restart quickly, sometimes even before payers who were proceeding in good proposal to eliminate the extension the retaliation goes into effect. Other faith under binding contracts made in granted just one year before, cutting times, the negotiations start again reliance on the provisions of the Small off the section 29 credit for plants not only after the impact of retaliation Business Protection Act of 1996. completed by July 1, 1997, which is an sinks in. The bill would extend the placed-in- impossible deadline to meet for many In some cases, the new one hundred service date for a period eight months of these projects. percent tariff raises the price of the from the date of the bill’s enactment. Without the assurance of the section imported good so prohibitively that it This would restore some of the time 29 tax credit, financing for these is priced completely out of the market. that taxpayers lost as a result of the projects dried up. Taxpayers were In other cases, the product is still sold confusion which resulted from the stranded in contracts, some of which in the United States, perhaps at a high- events of 1997. contained significant liquidated dam- er price, or perhaps at the original Let me emphasize that the bill would ages clauses. As a result of the Admin- price with the importer absorbing the not authorize any ‘‘new starts.’’ The istration’s proposal, taxpayers essen- added tariff. binding contract date provided in the tially lost a significant amount of the The United States is increasingly 1996 Act would not be altered. The sole extension given them by Congress in taking trade disputes to the WTO’s purpose of this bill is to allow tax- 1996. Dispute Settlement Body. However, payers who began projects under the The bill before us would give compa- some of our trading partners have 1996 Act to proceed in an orderly man- nies with projects already in progress been, in effect, snubbing their nose at ner to create the kinds of facilities and contracts signed by January 1, 1997 the WTO’s decisions. The most egre- that will help increase the country’s some additional time to finish these gious example of this is the European useful energy resources.∑ projects. The bill does not extend the Union, whose approach to WTO dispute

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00127 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5760 CONGRESSIONAL RECORD — SENATE May 20, 1999 settlement is, frankly, outrageous. any of the Uruguay Round Agreements, it paragraph (1) shall be transferred at least First, in bananas, and now in beef, the has a deleterious effect on the United States quarterly from the general fund of the Treas- EU is using legal and procedural tech- economy. ury to the Fund on the basis of estimates nicalities to delay implementation of (4) A WTO member can retaliate against a made by the Secretary of the Treasury. country that refuses to implement a panel or Proper adjustment shall be made in amounts important and legitimate WTO panel Appellate Body report by imposing addi- subsequently transferred to the extent prior decisions. Each time they do this, the tional duties of up to 100 percent on goods estimates were in excess of or less than the EU seriously undermines the credi- imported from the noncomplying country. amounts required to be transferred. bility of the WTO as a fair and even- (5) In cases where additional duties are im- (c) INVESTMENT OF TRUST FUND.— handed place to get trade justice. posed on imported goods, the duties should (1) IN GENERAL.—The Secretary of the The Trade Injury Compensation Act be used to provide relief to the industry that Treasury shall invest such portion of the establishes a mechanism for using the is injured by the noncompliance. Fund as is not, in the Secretary’s judgment, SEC. 3. DEFINITIONS. required to meet current withdrawals. Such tariffs imposed when a country fails to In this Act: investments may be made only in interest- comply with WTO dispute resolution (1) AGRICULTURAL COMMODITY.—The term bearing obligations of the United States or decisions. Normally, the additional ‘‘agricultural commodity’’ has the meaning in obligations guaranteed as to both prin- tariff revenues received from retalia- given the term by section 102 (1) of the Agri- cipal and interest by the United States. tion go to the Treasury. This bill es- cultural Trade Act of 1978 (7 U.S.C. 5602(1)). (2) CREDITS TO FUND.—The interest on, and tablishes a trust fund so that the af- (2) INJURED AGRICULTURAL COMMODITY PRO- the proceeds from the sale or redemption of, fected industry will receive those reve- DUCER.—The term ‘‘injured agricultural com- any obligations held in the Fund shall be modity producer’’ means a domestic pro- nues as compensation for its injury. credited to and form a part of the Fund. ducer of an agricultural commodity with re- (d) DISTRIBUTIONS FROM FUND.—Amounts In the case of agriculture, the money spect to which a dispute resolution pro- in the Fund shall be available as provided in will be spent on promotion and devel- ceeding has been brought before the World appropriations Acts, for making distribu- opment of products for the industry. In Trade Organization, if the dispute resolution tions in accordance with subsections (e) and non-agriculture cases, the money will is resolved in favor of the agricultural com- (f). go to additional Trade Adjustment As- modity producer, and the foreign country (e) CRITERIA FOR DETERMINING INJURED against which the proceeding has been PRODUCERS AND AMOUNT TO BE PAID.—Not sistance payments to the affected in- later than 30 days after the implementation dustry. brought has failed to comply with the report of the panel or Appellate Body of the WTO. of a retaliation list, the Secretary of the Mr. President, the WTO is a criti- (3) INJURED PRODUCER.—The term ‘‘injured Treasury, in consultation with the Secre- cally important institution that sets producer’’ means a domestic producer of a taries of Agriculture and Commerce, shall the foundation and framework to make product (other than an agricultural product) promulgate such regulations as may be nec- world trade grow. We all recognize that with respect to which a dispute resolution essary to carry out the provisions of this it needs improvement, and I, along proceeding has been brought before the Act. The regulations shall include the fol- World Trade Organization, if the dispute res- lowing: with many of my colleagues, are work- (1) Procedures for identifying injured pro- ing on ways to fix it, starting with the olution is resolved in favor of the producer, and the foreign country against which the ducers and injured producers of agricultural WTO Ministerial in Seattle. But, while proceeding has been brought has failed to commodities. the United Staes is striving to support comply with the report of the panel or Ap- (2) Standards for determining the eligi- and improve the WTO system, the EU pellate Body of the WTO. bility of injured producers and injured pro- seems to be working overtime to un- (4) RETALIATION LIST.—The term ‘‘retalia- ducers of agricultural commodities to par- dercut the WTO. We must stop this tion list’’ means the list of products of a for- ticipate in the distribution of any money abuse of the WTO, and we must provide eign country that has failed to comply with from the Fund. the report of the panel or Appellate Body of (3) Procedures for determining the amount assistance to our industries that are of the distribution each injured producer and damaged by these illegal actions of the the WTO and with respect to which the United States Trade Representative is im- injured producers of agricultural commod- EU or others in the future. posing duties above the level that would oth- ities should be paid. Within two weeks, the Administra- erwise be imposed under the Harmonized (4) Procedures for establishing separate ac- tion will implement retaliatory meas- Tariff Schedule of the United States. counts for duties collected with respect to ures against the European Union be- (5) URUGUAY ROUND AGREEMENTS.—The each retaliation list and for making distribu- cause of its WTO-illegal restrictions on term ‘‘Uruguay Round Agreements’’ has the tions to the group of injured producers and beef. My bill would provide the Amer- meaning given such term in section 2(7) of injured producers of agricultural commod- ities with respect to each such retaliation ican beef industry with much needed the Uruguay Round Agreements Act (19 U.S.C. 3501(7)). list. compensation while the retaliatory (f) DISTRIBUTION TO INJURED PRODUCERS.— (6) WORLD TRADE ORGANIZATION.—The term measures remain in place. ‘‘World Trade Organization’’ means the orga- (1) DISTRIBUTION TO AGRICULTURAL PRO- I encourage all my colleagues to sup- nization established pursuant to the WTO DUCERS.—The Secretary of the Treasury port this bill. Agreement. shall transfer to the Secretary of Agri- culture such sums as may be transferred or Mr. President, I ask unanimous con- (7) WTO AGREEMENT.—The term ‘‘WTO sent that the text of the bill be printed Agreement’’ means the Agreement Estab- credited to the Fund as the result of items on a retaliation list because of injury to pro- in the RECORD. lishing The World Trade Organization en- tered into on April 15, 1994. ducers of agricultural commodities. The Sec- There being no objection, the bill was retary of Agriculture shall distribute to each (8) WTO AND WTO MEMBER.—The terms ordered to be printed in the RECORD, as ‘‘WTO’’ and ‘‘WTO member’’ have the mean- injured producer of an agricultural com- follows: ings given those terms in section 2 of the modity that the Secretary determines is eli- S. 1099 Uruguay Round Agreements Act (19 U.S.C. gible a portion of the amount so transferred. The distribution shall be made in accordance Be it enacted by the Senate and House of Rep- 3501). with the subsection (e) and shall be used by resentatives of the United States of America in SEC. 4. TRADE INJURY COMPENSATION TRUST the producers for the promotion and develop- Congress assembled, FUND. ment of products of the injured producers. SECTION 1. SHORT TITLE. (a) ESTABLISHMENT.—There is established in the Treasury of the United States a fund (2) DISTRIBUTION TO OTHER INJURED PRO- This Act may be cited as the ‘‘Trade Injury to be known as the ‘‘Trade Injury Compensa- DUCERS.—The Secretary of the Treasury Compensation Act of 1999’’. tion Trust Fund’’ (referred to in this Act as shall transfer to the Secretary of Commerce SEC. 2. FINDINGS. the ‘‘Fund’’) consisting of such amounts as such sums as may be transferred or credited Congress makes the following findings: may be appropriated to the Fund under sub- to the Fund as the result of items on a retal- (1) United States goods and services com- section (b) and any amounts credited to the iation list because of injury to producers pete in global markets and it is necessary for Fund under subsection (c)(2). (other than producers of agricultural com- trade agreements to promote such competi- (b) TRANSFER OF AMOUNTS EQUIVALENT TO modities). The Secretary of Commerce shall tion. CERTAIN DUTIES.— distribute to each injured producer (other (2) The current dispute resolution mecha- (1) IN GENERAL.—There are hereby appro- than a producer described in paragraph (1)) nism of the World Trade Organization is de- priated and transferred to the Fund an that the Secretary determines is eligible a signed to resolve disputes in a manner that amount equal to the amount received in the portion of the amount so transferred. The brings stability and predictability to world Treasury as a result of the imposition of ad- distribution shall be made in accordance trade. ditional duties imposed on the products on a with subsection (e) and in accordance with (3) When foreign countries refuse to com- retaliation list. the procedures applicable to the provision of ply with a panel or Appellate Body report of (2) TRANSFERS BASED ON ESTIMATES.—The assistance under chapter 3 of title II of the the World Trade Organization and violate amounts required to be transferred under Trade Act of 1974 (19 U.S.C. 2341 et seq.).

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00128 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 20, 1999 CONGRESSIONAL RECORD — SENATE S5761 (g) REPORT TO CONGRESS.—The Secretary of cided—all against the Secretary—and Senator from New Mexico for his co- the Treasury shall, after consultation with prospective challenges for another 40 operation on this issue, and for his de- the Secretaries of Agriculture and Com- species are on the horizon. cision to work on this bill together in merce, submit a report to the Congress each These statistics underscore the prob- lieu of offering a rider on the recent year on— lems with the existing law with respect (1) the financial condition and the results supplemental appropriations bill. I of the operations of the Fund during the pre- to critical habitat designations. The know this issue is of no great impor- ceding fiscal year; and root of these problems lies in the fact tance to the constituents in his home (2) the expected condition and operations that designation of critical habitat re- State, and I am pleased to work with of the Fund during the fiscal year following quires knowledge of the conservation him to find a resolution. the fiscal year that is the subject of the re- needs of the species as well as an as- I ask unanimous consent that a copy port. sessment of the economic impacts of of the bill be printed in the RECORD. SEC. 5. PROHIBITION ON REDUCING SERVICES the designation, neither of which is There being no objection, the bill was OR FUNDS. generally known, or can be determined, ordered to be printed in the RECORD, as No payment made to an injured producer or an injured agricultural commodity pro- at the time of listing. follows: ducer under this Act shall result in the re- Designation of critical habitat is S. 1100 duction or denial of any service or assistance more appropriate in the context of de- Be it enacted by the Senate and House of Rep- with respect to which the injured producer veloping a recovery plan for a listed resentatives of the United States of America in or injured agricultural commodity producer species, because the recovery plan spe- Congress assembled, would otherwise be entitled. cifically addresses the conservation SECTION 1. RECOVERY PLANS AND CRITICAL needs of the species and provides for an HABITAT DESIGNATIONS. By Mr. CHAFEE (for himself, Mr. estimate of the costs for recovery ac- The Endangered Species Act of 1973 (16 CRAP, and Mr. DOMENICI): U.S.C. 1531 et seq.) is amended— tions. Indeed, numerous individuals (1) by inserting after section 4 the fol- S. 1100. A bill to amend the Endan- and organizations, including the Na- gered Species Act of 1973 to provide lowing: tional Research Council, have sug- ‘‘RECOVERY PLANS AND CRITICAL HABITAT that the designation of critical habitat gested that the requirement to des- for endangered and threatened species DESIGNATIONS ignate critical habitat be moved from ‘‘SEC. 4A.’’; be required as part of the development the time of listing to the time of recov- of recovery plans for those species; to (2) by moving subsection (f) of section 4 to ery plan development. appear at the end of section 4A (as added by the Committee on Environment and As for recovery plans, the Secretary paragraph (1)); and Public Works. is required to develop and implement (3) in section 4A (as amended by paragraph CRITICAL HABITAT LEGISLATION recovery plans for listed species. How- (2))— Mr. CHAFEE. Mr. President, I am ever, there is no deadline for the Sec- (A) by striking ‘‘(f)(1) RECOVERY PLANS.— pleased to introduce a bill, together retary to do so. Less than 70 percent of The’’ and inserting the following: with my distinguished colleagues, Sen- ‘‘(a) IN GENERAL.—The’’; listed species are covered in a recovery (B) by redesignating paragraphs (2) ators DOMENICI and CRAPO, to address plan, and 56 percent of those species through (5) as subsections (b) through (e), re- one of the most problematic, con- without plans have been listed for spectively; troversial and misunderstood provi- longer than one year. These statistics (C) in subsection (b) (as so redesignated)— sions of the Endangered Species Act of underscore the need for a mandatory (i) by striking ‘‘(b) The Secretary’’ and in- 1973. This is the provision relating to deadline for developing recovery plans. serting the following: the designation of critical habitat for The bill that I introduce today would ‘‘(b) RECOVERY TEAMS.— endangered or threatened species. move the requirement to designate ‘‘(1) IN GENERAL.—The Secretary’’; and As I have often said, the key to pro- (ii) by adding at the end the following: critical habitat from the time of list- ‘‘(2) APPOINTMENT OF A TEAM.—Not later tecting our nation’s fish and wildlife is ing to the time of recovery plan devel- than 60 days after the date of publication to protect the habitat on which those opment. The bill would also require under section 4 of a final determination that species depend. This is particularly that a recovery team be appointed, un- a species is a threatened species or endan- true for endangered and threatened less the Secretary states otherwise gered species, the Secretary, in cooperation species, which often fall into such pre- through notice and comment. The bill with any State affected by the determina- carious condition precisely because of would also provide a deadline for devel- tion, shall— habitat loss and degradation. This opment of recovery plans, no later than ‘‘(A) appoint a recovery team to develop a makes habitat protection for those spe- recovery plan for the species; or 36 months after listing. In the event ‘‘(B) after public notice and opportunity cies all the more vital. It is thus ter- that the designation is necessary to for comment, determine that a recovery ribly ironic that the provisions in the avoid the imminent extinction of the team shall not be appointed.’’; and ESA relating to habitat are those that species, the bill allows the Secretary to (D) by adding at the end the following: present the most problems. My bill designate critical habitat concurrently ‘‘(f) SCHEDULE.—For each species deter- goes a long way to fix those problems. with listing. A new provision would be mined to be an endangered species or a It is virtually identical to the critical added to the citizen suit section that threatened species after the date of enact- habitat provisions contained in S. 1180 ment of this subsection for which the Sec- would require any lawsuit challenging retary is required to develop a recovery plan from the last Congress, which was ap- the actual designation of critical habi- under subsection (a), the Secretary shall proved by the Environment and Public tat to be brought in conjunction with a publish— Works Committee by a vote of 15 to 3, suit challenging the recovery plan on ‘‘(1) not later than 18 months after the date with strong bipartisan support. which the designation is based. Other of the publication under section 4 of the final Landowners fear that critical habitat than these changes, the critical habitat regulation containing the listing determina- imposes severe restrictions on use of provisions would remain virtually the tion, a draft recovery plan; and their own lands; the Secretary fre- same as in existing law. ‘‘(2) not later than 3 years after the date of quently does not designate critical Let me say that I do not have any de- publication under section 4 of the final regu- lation containing the listing determination, habitat to avoid these controversies; sire to open the broader question of re- a final recovery plan.’’. and environmental groups often bring authorization of the ESA. I believe SEC. 2. CRITICAL HABITAT DESIGNATIONS. lawsuits over this failure to designate. that this bill addresses a narrow fix in (a) IN GENERAL.—Section 4A of the Endan- Of almost 1,200 species listed by the a way that answers the complaints of gered Species Act of 1973 (as added by section Fish and Wildlife Service, only 113— both environmental groups and the 1) is amended by adding at the end the fol- nine percent—have critical habitat des- regulated community. I do not advo- lowing: ignated. Indeed, of the 256 species listed cate the inclusion of other issues not ‘‘(g) CRITICAL HABITAT DESIGNATIONS.— since April 1996, the Service has des- related to critical habitat. There may ‘‘(1) RECOMMENDATION OF THE RECOVERY TEAM.— ignated critical habitat for only two. be another time and vehicle for that, ‘‘(A) RECOVERY TEAM APPOINTED.—Not later As a result, numerous lawsuits have but this is not the time, and this bill than nine months after the date of publica- been brought against the Service in re- should not be the vehicle. tion under section 4 of a final regulation con- cent years. Currently, 15 active law- In closing, I would like to express my taining a listing determination for a species, suits are pending, with six already de- sincere gratitude to the distinguished the recovery team (if a recovery team has

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00129 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5762 CONGRESSIONAL RECORD — SENATE May 20, 1999 been appointed for the species) shall provide ticable, not later than 90 days after receiving (iii) in paragraph (5), by striking ‘‘, des- the Secretary with a description of any habi- the petition of an interested person under ignation, or revision referred to in sub- tat of the species that is recommended for section 553(e) of title 5, United States Code, section (a)(1) or (3),’’ and inserting ‘‘referred designation as critical habitat pursuant to to revise a critical habitat designation, the to in subsection (a)(1),’’; this subsection and any recommendations Secretary shall make a finding as to whether (iv) in paragraph (6)— for special management considerations or the petition presents substantial scientific (I) by striking ‘‘(6)(A)’’ and all that follows protection that are specific to the habitat. or commercial information indicating that through the end of subparagraph (A) and in- ‘‘(B) NO RECOVERY TEAM APPOINTED.—If a the revision may be warranted. The Sec- serting the following: recovery team is not appointed by the Sec- retary shall promptly publish the finding in ‘‘(6) FINAL REGULATIONS.— retary, the Secretary shall perform all duties the Federal Register. ‘‘(A) IN GENERAL.—Within the one-year pe- of the recovery team required under this sec- ‘‘(B) NOTICE OF PROPOSED ACTION.—Not riod beginning on the date on which general tion. later than one year after receiving a petition notice is published in accordance with para- ‘‘(2) DESIGNATION BY THE SECRETARY.—The that is found under subparagraph (A) to graph (5)(A)(i) regarding a proposed regula- Secretary, to the maximum extent prudent present substantial information indicating tion, the Secretary shall publish in the Fed- and determinable, shall by regulation des- that the requested revision may be war- eral Register— ignate any habitat that is considered to be ranted, the Secretary shall determine how to ‘‘(i) a final regulation to implement the de- critical habitat of an endangered species or a proceed with the requested revision, and termination; threatened species that is indigenous to the shall promptly publish notice of the inten- ‘‘(ii) notice that the one-year period is United States or waters with respect to tion in the Federal Register. being extended under subparagraph (B)(i); or which the United States exercises sovereign ‘‘(7) PROPOSED AND FINAL REGULATIONS.— ‘‘(iii) notice that the proposed regulation is rights or jurisdiction. Any regulation to designate critical habitat being withdrawn under subparagraph (B)(ii), ‘‘(A) DESIGNATION.— or implement a requested revision shall be together with the finding on which the with- ‘‘(i) PROPOSAL.—Concurrently with publi- proposed and promulgated in accordance drawal is based.’’; cation of a draft recovery plan, the Sec- with paragraphs (4), (5), and (6) of section (II) in subparagraph (B)(i), by striking ‘‘or retary, after consultation and in cooperation 4(b) in the same manner as a regulation to revision’’; with the recovery team, shall publish in the implement a determination with respect to (III) in subparagraph (B)(iii), by striking Federal Register a proposed regulation, listing a species.’’. ‘‘or revision concerned, a finding that the re- based on the draft recovery plan for the spe- (b) CITIZEN SUITS.—Section 11(g) of the En- vision should not be made,’’; and cies, that designates critical habitat for the dangered Species Act of 1973 (16 U.S.C. (IV) by striking subparagraph (C); and species. 1540(g)) is amended— (v) by redesignating paragraph (8) as para- ‘‘(ii) PROMULGATION.—Concurrently with (1) in paragraph (1)(C), by inserting ‘‘or graph (2) and moving that paragraph to ap- publication of a final recovery plan, the Sec- section 4A’’ after ‘‘section 4’’; and pear after paragraph (1); retary, after consultation and in cooperation (2) in paragraph (2), by adding at the end (C) in subsection (c)(1)— with the recovery team, shall publish a final the following: (i) in the second sentence, by inserting regulation, based on the final recovery plan ‘‘(D) ACTIONS RELATING TO CRITICAL HABI- ‘‘designated’’ before ‘‘critical habitat’’; and for the species, that designates critical habi- TAT DESIGNATION.—With respect to an action (ii) in the third sentence, by striking ‘‘de- tat for the species. relating to an alleged violation of section terminations, designations, and revisions’’ ‘‘(B) OTHER DESIGNATIONS.—If a recovery 4A(g) concerning the area designated by the and inserting ‘‘determinations’’; plan is not developed under this section for Secretary as critical habitat, no action may (D) by redesignating subsections (g) an endangered species or a threatened spe- be commenced independently of an action re- through (i) as subsections (f) through (h), re- cies, the Secretary shall publish a final crit- lating to an alleged violation of subsection spectively; and ical habitat determination for the endan- (a) or (f) of section 4A.’’. (E) in subsection (g)(4) (as so redesignated), gered species or threatened species not later (c) PLANS FOR PREVIOUSLY LISTED SPE- by striking ‘‘subsection (f) of this section’’ than three years after making a determina- CIES.— and inserting ‘‘section 4A’’. tion that the species is an endangered spe- (1) IN GENERAL.—In the case of species in- (3) Section 4A of the Endangered Species cies or a threatened species. cluded in the list published under section 4(c) Act of 1973 (as added by section 1) is amend- ‘‘(C) ADDITIONAL AUTHORITY.—The Sec- of the Endangered Species Act of 1973 (16 ed— retary may publish a regulation designating U.S.C. 1533(c)) before the date of enactment (A) in subsection (a)— critical habitat for an endangered species or of this Act, and for which no final recovery (i) in the first sentence— a threatened species concurrently with the plan was developed before the date of enact- (I) by striking ‘‘this subsection’’ and in- final regulation implementing the deter- ment of this Act, the Secretary of the Inte- serting ‘‘this section’’; and mination that the species is endangered or rior or the Secretary of Commerce, as appro- (II) by striking ‘‘this section’’ and insert- threatened if the Secretary determines that priate, shall develop a final recovery plan in ing ‘‘section 4’’; designation of such habitat at the time of accordance with the requirements of section (ii) by redesignating subparagraphs (A) and listing is essential to avoid the imminent ex- 4A of the Endangered Species Act of 1973, in- (B) as paragraphs (1) and (2), respectively; tinction of the species. cluding the priorities of subsection (a)(1) of and ‘‘(3) FACTORS TO BE CONSIDERED.—The des- that section, for not less than one-half of the (iii) in paragraph (2) (as so redesignated)— ignation of critical habitat shall be made on species not later than 36 months after the (I) by redesignating clauses (i) through (iii) the basis of the best scientific and commer- date of enactment of this Act and for all spe- as subparagraphs (A) through (C), respec- cial data available and after taking into con- cies not later than 60 months after such date. tively; and sideration the economic impact, impacts to (2) DESIGNATIONS OF CRITICAL HABITAT.— (II) in subparagraph (B) (as so redesig- military training and operations, and any The Secretary of the Interior or the Sec- nated), by striking ‘‘the provisions of this other relevant impact, of specifying any par- retary of Commerce, as appropriate, shall re- section’’ and inserting ‘‘section 4’’; ticular area as critical habitat. The Sec- view and revise as necessary any designation (B) in subsection (c), by striking ‘‘this sec- retary shall describe the economic impacts of critical habitat for a species described in tion’’ and inserting ‘‘section 4’’; and and other relevant impacts that are to be paragraph (1) based on the final recovery (C) in subsection (e), by striking ‘‘para- considered under this subsection in the pub- plan for the species and in accordance with graph (4)’’ and inserting ‘‘subsection (d)’’. lication of any proposed regulation desig- section 4A(g) of the Endangered Species Act (4) Section 6(d)(1) of the Endangered Spe- nating critical habitat. of 1973. cies Act of 1973 (16 U.S.C. 1535(d)(1)) is ‘‘(4) EXCLUSIONS.—The Secretary may ex- (d) CONFORMING AMENDMENTS.— amended in the first sentence by striking clude any area from critical habitat for a (1) Section 3(5)(A) of the Endangered Spe- ‘‘section 4(g)’’ and inserting ‘‘section 4(f)’’. species if the Secretary determines that the cies Act of 1973 (16 U.S.C. 1532(5)(A)) is (5) Section 10(f)(5) of the Endangered Spe- benefits of the exclusion outweigh the bene- amended— cies Act of 1973 (16 U.S.C. 1539(f)(5)) is amend- fits of designating the area as part of the (A) in clause (i), by striking ‘‘, at the time ed by striking the last sentence. critical habitat, unless the Secretary deter- it is listed in accordance with the provisions (6) Section 104(c)(4)(A)(ii)(I) of the Marine mines that the failure to designate the area of section 4 of this Act,’’; and Mammal Protection Act of 1972 (16 U.S.C. as critical habitat will result in the extinc- (B) in clause (ii), by striking ‘‘at the time 1374(c)(4)(A)(ii)(I)) is amended by striking tion of the species. it is listed in accordance with the provisions ‘‘section 4(f)’’ and inserting ‘‘section 4A’’. ‘‘(5) REVISIONS.—The Secretary may, from of section 4 of this Act’’. (7) Section 115(b)(2) of the Marine Mammal time-to-time and as appropriate, revise a (2) Section 4 of the Endangered Species Act Protection Act of 1972 (16 U.S.C. 1383b(b)(2)) designation. Each area designated as critical of 1973 (16 U.S.C. 1533) (as amended by section is amended by striking ‘‘section 4(f) of the habitat before the date of enactment of this 1(2)) is amended— Endangered Species Act of 1973 (16 U.S.C. subsection shall continue to be considered so (A) in subsection (a), by striking paragraph 1533(f))’’ and inserting ‘‘section 4A of the En- designated, until the designation is revised (3); dangered Species Act of 1973’’. in accordance with this subsection. (B) in subsection (b)— (8) Section 118(f)(11) of the Marine Mammal ‘‘(6) PETITIONS.— (i) by striking paragraph (2); Protection Act of 1972 (16 U.S.C. 1387(f)(11)) is ‘‘(A) DETERMINATION THAT REVISION MAY BE (ii) in paragraph (3), by striking subpara- amended by striking ‘‘section 4’’ and insert- WARRANTED.—To the maximum extent prac- graph (D); ing ‘‘section 4A’’.

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00130 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 20, 1999 CONGRESSIONAL RECORD — SENATE S5763 (9) The table of contents in the first sec- Now, the U.S. Fish and Wildlife Serv- possible side effects of a drug are un- tion of the Endangered Species Act of 1973 (16 ice, prodded by various groups, are known, the Food and Drug Administra- U.S.C. prec. 1531) is amended by inserting claiming a ‘‘new’’ water demand on the tion does not authorize the sale of that after the item relating to section 4 the fol- river for the silvery minnow. They drug. Likewise, the Endangered Species lowing: should assert the interest in the water Act should not permit designation of ‘‘Sec. 4A. Recovery plans and critical habitat designations.’’. needed for the minnow, but the demand critical habitat until we have scientif- isn’t new. The issue, however, is how ically determined that the habitat des- Mr. DOMENICI. Mr. President, just a should that interest be asserted and ignation will be helpful to the species few weeks ago I rose to speak and share what the need really is. And, once and does not impose unnecessary social with my fellow Senators an extraor- known, how do we continue to address and economic side effects. dinary exchange that occurred between the human water needs, and at what It is abundantly clear that a com- myself and Interior Secretary Babbitt plete environmental analysis of a crit- regarding the failings of the Endan- cost? I believe something is terribly wrong ical habitat designation is an absolute gered Species Act in a situation on the in the way the courts are handling this necessity. Senator CHAFEE, Senator Rio Grande River in New Mexico. I told situation because you may have to CRAPO, and I are now addressing this il- you that the Secretary’s remarks were close down a river to human users significant because they acknowledged logical and unworkable current situa- without knowing the habitat needs for that this law, however well inten- tion with this bill. I thank them for an endangered species. The Secretary tioned, is not working. their leadership on the Environment I felt Secretary Babbitt’s testimony of Interior is required to base critical Committee. We will be working with before the Senate Interior Appropria- habitat designation on the best sci- the administration, and I encourage all tions Subcommittee could open the entific data available, after taking into my fellow Senators to participate in door to significant reform of the En- consideration the economic impact of this limited, local and necessary en- dangered Species Act, permitting all that designation. dangered Species Act reform. parties to work together. I pledged to I asked Secretary Babbitt whether This bill will now tie designation of begin serious work on improving the the Interior Department had sufficient critical habitat to the development of Endangered Species Act, and I am im- data to determine the true water needs recovery plans for endangered and mensely pleased today to be cospon- to sustain the silvery minnow in the threatened species, as it should be. soring this bill with Senators CHAFEE Rio Grande, and to make an accurate Federal agencies should not have their and CRAPO to do just that. economic and social assessment of hands tied by premature designation, I was in the Senate to vote in favor what a critical habitat designation forced by litigation. If we want to save of the Endangered Species Act, but the would mean to existing water rights species, as was and is the intent of the courts are implementing it in a cart owners. Babbitt testified that his de- Endangered Species Act, then we have before the horse fashion never con- partment does not have sufficient in- to plan how to recover them. templated by the Congress. The focus formation, but that it has no choice Recovery plans require objective and of saving species should be on planning but to act because of federal court or- measurable criteria for saving species, recovery, not using premature habitat ders. specific descriptions of management designation as a hammer on the heads The U.S. Supreme Court has unani- actions, and cost estimates for those of humans sharing that habitat. We mously agreed that the best scientific actions. This bill will create a manda- want to protect endangered species, and commercial data available must be tory deadline for developing final, com- but we don’t want to unnecessarily used to designate a critical habitat. prehensive recovery plans. Critical hurt people. Tying critical habitat des- Designation of critical habitat is more habitat will now be designated in con- ignation to recovery plan implementa- appropriate in the context of a final re- junction with those plans. tion is logical, defensible, and the right covery plan for an endangered species, These changes will go towards thing to do. This legislation goes di- because that plan must specifically ad- achieving the original goal of the En- rectly to the heart of this issue. dress conservation needs and costs of dangered Species Act. I am very proud The protection of endangered species recovery. This bill will move the re- to be a part of this historic legislation, is supposed to be accomplished by first quirement to designate habitat from and I anticipate a bipartisan group, figuring out the necessary habitat for the time of listing to the time of recov- along with the administration, feels as survival, then designating that critical ery plan development. I do. The time has come for common- habitat. But the Endangered Species The quantity of water needed by the sense reform to the Endangered Species Act and the courts are rushing the Rio Grande silvery minnow is un- Act. process. According to Interior Sec- known. The Fish and Wildlife Service retary Bruce Babbitt, recent litigation has conceded that there has never been By Mr. REED: will ‘‘strait jacket’’ the federal govern- a thorough study of the economic con- S. 1101. A bill to provide for tort li- ment into prematurely designating the sequences of providing water as a crit- ability of firearms dealers who transfer critical habitat for, in one case, the ical habitat for the minnow. firearms in violation of Federal fire- Rio Grande silvery minnow. While we all want the silvery minnow arms law; to the Committee on the Ju- People in D.C. tend to forget that the and other endangered species to have diciary. western United States is the arid, their critical habitat, the Fish and GUN DEALER RESPONSIBILITY ACT OF 1999 ‘‘great American desert.’’ Western riv- Wildlife Service and the Bureau of Rec- Mr. REED. Mr. President, I rise ers and streams are primarily sup- lamation acknowledge that they do not today to introduce legislation to help ported by melting snow pack. They know what the ‘‘critical habitat’’ is or turn the tide of gun violence by requir- change annually from roaring torrents should be. Were the consequences of ing greater responsibility from those in in April to bare trickles in June, to designation insignificant, a guess- the business of selling weapons. dried up river beds in August. The Rio timate might be acceptable. However, Currently, there are over 104,000 fed- Grande, despite its ‘‘big river’’ title, is as noted by the Bureau of Reclamation, erally licensed firearms dealers in the no exception to this cyclical flow. As a a designation requiring year-round United States. While most of these child, I often walked across the dry riv- continuous flows on a river that has dealers are responsible small business erbed in Albuquerque. never produced such flows could have a people, recent tracing of crime-related This will be a very dry year in the ‘‘profound effect on downstream water guns by the Bureau of Alcohol, To- normally arid New Mexico. The histor- users.’’ bacco and Firearms (ATF) has found ical hydrographic record shows that be- We must not try to cure the problem substantial evidence that some dealers tween 1899 and 1936, long before Albu- of endangered species with premature, are selling guns to minors, convicted querque grew, or the Middle Rio uninformed, unscientific critical habi- felons, and others who are prohibited Grande Conservancy District started to tat designation, the validity of which by federal law from purchasing fire- farm, the Rio Grande was dry twenty has not been substantiated by adequate arms. This direct diversion of weapons percent of the time in August as meas- economic, scientific and social re- from retail to illegal markets is taking ured at the San Marcial Gauge. search. When the scientific facts on the place both through off-the-book sales

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00131 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5764 CONGRESSIONAL RECORD — SENATE May 20, 1999 by corrupt dealers and through so- ant transferred the firearm to any person in S. 344 called straw purchases, when an ineli- violation of chapter 44 of title 18, United At the request of Mr. BOND, the name gible buyer has a friend or relative buy States Code. of the Senator from Maine (Ms. COL- (b) DEFENSES.— a firearm for him. LINS) was added as a cosponsor of S. (1) INJURY WHILE COMMITTING A FELONY.— While federal law already prohibits a There shall be no liability under subsection 344, a bill to amend the Internal Rev- person from transferring a firearm (a) if it is established by a preponderance of enue Code of 1986 to provide a safe har- when a person knows that the gun will the evidence that the plaintiff suffered the bor for determining that certain indi- be used to commit a crime, it is very injury while committing a crime punishable viduals are not employees. difficult for victims of gun violence to by imprisonment for a term exceeding 1 S. 348 seek legal redress from gun dealers who year. At the request of Ms. SNOWE, the sell guns to those prohibited from buy- (2) INJURY BY LAW ENFORCEMENT OFFICER.— name of the Senator from New York There shall be no liability under subsection ing firearms. There is very little case (Mr. MOYNIHAN) was added as a cospon- (a) if it is established by a preponderance of law and no federal law giving victims the evidence that the injury was suffered as sor of S. 348, a bill to authorize and fa- of gun violence the right to sue gun a result of the discharge, by a law enforce- cilitate a program to enhance training, dealers who make illegal gun sales. ment officer in the performance of official research and development, energy con- To remedy this situation, my legisla- duties, of a firearm issued by the United servation and efficiency, and consumer tion, the Gun Dealer Responsibility States (or any department or agency thereof) education in the oilheat industry for Act, would provide a statutory cause of or any State (or department, agency, or po- the benefit of oilheat consumers and action for victims of gun violence litical subdivision thereof). the public, and for other purposes. SEC. 5. NO EFFECT ON OTHER CAUSES OF AC- against dealers whose illegal sale of a S. 424 gun directly contributes to the vic- TION. This Act shall not be construed to limit At the request of Mr. COVERDELL, the tim’s injury. the scope of any other cause of action avail- name of the Senator from Oklahoma I believe this legislation will make able to a person injured as a result of the dis- (Mr. NICKLES) was added as a cosponsor unscrupulous gun dealers think twice charge of a firearm. of S. 424, a bill to preserve and protect about selling weapons to minors, con- SEC. 6. APPLICABILITY. the free choice of individuals and em- victed felons, or any other ineligible This Act applies to any— ployees to form, join, or assist labor or- buyer, either directly or through straw (1) firearm transferred before, on, or after ganizations, or to refrain from such ac- purchases. the date of enactment of this Act; and tivities. (2) bodily injury or death occurring after Mr. President, I ask unanimous con- S. 429 such date of enactment. sent that the bill be printed in the At the request of Mr. DURBIN, the RECORD. f name of the Senator from Wisconsin There being no objection, the bill was ADDITIONAL COSPONSORS (Mr. FEINGOLD) was added as a cospon- ordered to be printed in the RECORD, as sor of S. 429, a bill to designate the S. 14 follows: legal public holiday of ‘‘Washington’s At the request of Mr. COVERDELL, the S. 1101 Birthday ‘‘ as ‘‘Presidents’ Day’’ in name of the Senator from Tennessee Be it enacted by the Senate and House of Rep- honor of George Washington, Abraham (Mr. THOMPSON) was added as a cospon- resentatives of the United States of America in Lincoln, and Franklin Roosevelt and in sor of S. 14, a bill to amend the Inter- Congress assembled, recognition of the importance of the nal Revenue Code of 1986 to expand the SECTION 1. SHORT TITLE. institution of the Presidency and the use of education individual retirement This Act may be cited as the ‘‘Gun Dealer contributions that Presidents have Responsibility Act of 1999’’. accounts, and for other purposes. made to the development of our Nation SEC. 2. DEFINITIONS. S. 247 and the principles of freedom and de- In this Act: At the request of Mr. ROBB, his name mocracy. (1) DEALER.—The term ‘‘dealer’’ has the was added as a cosponsor of S. 247, a S. 542 meaning given such term in section 921(a)(11) bill to amend title 17, United States of title 18, United States Code. At the request of Mr. ABRAHAM, the Code, to reform the copyright law with (2) FIREARM.—The term ‘‘firearm’’ has the name of the Senator from Idaho (Mr. respect to satellite retransmissions of meaning given such term in section 921(a)(3) CRAPO) was added as a cosponsor of S. of title 18, United States Code. broadcast signals, and for other pur- 542, a bill to amend the Internal Rev- (3) LAW ENFORCEMENT OFFICER.—The term poses. enue Code of 1986 to expand the deduc- ‘‘law enforcement officer’’ means any officer, S. 254 agent, or employee of the United States, or tion for computer donations to schools At the request of Mr. HATCH, the of a State or political subdivision thereof, and allow a tax credit for donated com- who is authorized by law to engage in or su- names of the Senator from Vermont puters. pervise the prevention, detection, investiga- (Mr. LEAHY), the Senator from Dela- S. 593 tion, or prosecution of any violation of law. ware (Mr. BIDEN), and the Senator from At the request of Mr. COVERDELL, the SEC. 3. CAUSE OF ACTION; FEDERAL JURISDIC- California (Mrs. FEINSTEIN) were added name of the Senator from Mississippi TION. as cosponsors of S. 254, a bill to reduce (Mr. COCHRAN) was added as a cospon- Any person suffering bodily injury as a re- violent juvenile crime, promote ac- sor of S. 593, a bill to amend the Inter- sult of the discharge of a firearm (or, in the countability by rehabilitation of juve- nal Revenue Code of 1986 to increase case of a person who is incapacitated or de- nile criminals, punish and deter violent ceased, any person entitled to bring an ac- maximum taxable income for the 15 tion on behalf of that person or the estate of gang crime, and for other purposes. percent rate bracket, to provide a par- that person) may bring an action in any S. 296 tial exclusion from gross income for United States district court against any At the request of Mr. FRIST, the dividends and interest received by indi- dealer who transferred the firearm to any name of the Senator from South Caro- viduals, to provide a long-term capital person in violation of chapter 44 of title 18, lina (Mr. THURMOND) was added as a co- gains deduction for individuals, to in- United States Code, for damages and such sponsor of S. 296, a bill to provide for crease the traditional IRA contribution other relief as the court deems appropriate. In any action under this section, the court continuation of the Federal research limit, and for other purposes. shall allow a prevailing plaintiff a reason- investment in a fiscally sustainable S. 632 able attorney’s fee as part of the costs. way, and for other purposes. At the request of Mr. DEWINE, the SEC. 4. LIABILITY. S. 303 name of the Senator from Kansas (Mr. (a) IN GENERAL.—Except as provided in At the request of Mr. ROTH, his name ROBERTS) was added as a cosponsor of subsection (b) of this section, the defendant was added as a cosponsor of S. 303, a S. 632, a bill to provide assistance for in an action brought under section 3 shall be bill to amend the Communications Act poison prevention and to stabilize the held liable in tort, without regard to fault or of 1934 to enhance the ability of direct funding of regional poison control cen- proof of defect, for all direct and consequen- ters. tial damages that arise from bodily injury or broadcast satellite and other multi- death proximately resulting from the illegal channel video providers to compete ef- S. 664 sale of a firearm if it is established by a pre- fectively with cable television systems, At the request of Mr. CHAFEE, the ponderance of the evidence that the defend- and for other purposes. name of the Senator from Maine (Ms.

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00132 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 20, 1999 CONGRESSIONAL RECORD — SENATE S5765 SNOWE) was added as a cosponsor of S. S. 934 No. 96–12–02853, pending in the United States 664, a bill to amend the Internal Rev- At the request of Mr. LEAHY, the Court of International Trade, a subpoena for enue Code of 1986 to provide a credit name of the Senator from Wisconsin testimony and documents has been issued to Tim Osborn, a former employee of the Sen- against income tax to individuals who (Mr. FEINGOLD) was added as a cospon- ate Committee on Small Business, con- rehabilitate historic homes or who are sor of S. 934, a bill to enhance rights cerning the performance of his duties on be- the first purchasers of rehabilitated and protections for victims of crime. half of the Committee; historic homes for use as a principal S. 935 Whereas, pursuant to sections 703(a) and residence. At the request of Mr. LUGAR, the 704(a)(2) of the Ethics in Government Act of 1978, 2 U.S.C. §§ 228b(a) and 228c(a)(2), the S. 712 names of the Senator from Rhode Is- Senate may direct its counsel to represent At the request of Mr. LOTT, the name land (Mr. CHAFEE), the Senator from Members or employees of the Senate with re- of the Senator from Connecticut (Mr. Iowa (Mr. HARKIN), the Senator from spect to any subpoena, order, or request for LIEBERMAN) was added as a cosponsor Vermont (Mr. JEFFORDS), and the Sen- testimony or documents relating to their of- of S. 712, a bill to amend title 39, ator from Alaska (Mr. MURKOWSKI) ficial responsibilities; United States Code, to allow postal pa- were added as cosponsors of S. 935, a Whereas, by the privileges of the Senate of trons to contribute to funding for high- bill to amend the National Agricul- the United States and Rule XI of the Stand- ing Rules of the Senate, no evidence under way-rail grade crossing safety through tural Research, Extension, and Teach- the control or in the possession of the Senate the voluntary purchase of certain spe- ing Policy Act of 1977 to authorize re- may, by the judicial process, be taken from cially issued United States postage search to promote the conversion of such control or possession but by permission stamps. biomass into biobased industrial prod- of the Senate; S. 731 ucts, and for other purposes. Whereas, when it appears that evidence under the control or in the possession of the At the request of Mr. KENNEDY, the S. 980 Senate may promote the administration of name of the Senator from New Mexico At the request of Mr. BAUCUS, the justice, the Senate will take such action as (Mr. BINGAMAN) was added as a cospon- name of the Senator from Maine (Ms. will promote the ends of justice consistently sor of S. 731, a bill to provide for sub- COLLINS) was added as a cosponsor of S. with the privileges of the Senate: Now, stantial reductions in the price of pre- 980, a bill to promote access to health therefore, be it scription drugs for medicare bene- care services in rural areas. Resolved, That Tim Osborn, and any other former Senate Member or employee from ficiaries. S. 1029 whom testimony may be required, are au- S. 759 At the request of Mr. COCHRAN, the thorized to testify and produce documents in At the request of Mr. MURKOWSKI, the name of the Senator from Connecticut the case of United States v. Nippon Miniature name of the Senator from Illinois (Mr. (Mr. DODD) was added as a cosponsor of Bearing, Inc., et al., except matters for which DURBIN) was added as a cosponsor of S. S. 1029, a bill to amend title III of the a privilege should be asserted. 759, a bill to regulate the transmission Elementary and Secondary Education SEC. 2. The Senate Legal Counsel is author- of unsolicited commercial electronic Act of 1965 to provide for digital edu- ized to represent Tim Osborn, and any other mail on the Internet, and for other pur- former Member or employee of the Senate cation partnerships. from whom testimony may be required, in poses. S. 1073 connection with the case of United States v. S. 784 At the request of Mr. ASHCROFT, the Nippon Miniature Bearing, Inc., et al. At the request of Mr. ROCKEFELLER, name of the Senator from Hawaii (Mr. f the name of the Senator from Maine AKAKA) was added as a cosponsor of S. AMENDMENTS SUBMITTED (Ms. SNOWE) was added as a cosponsor 1073, a bill to amend the Trade Act of of S. 784, a bill to establish a dem- 1974 to ensure that United States in- onstration project to study and provide dustry is consulted with respect to all VIOLENT AND REPEAT JUVENILE coverage of routine patient care costs aspects of the WTO dispute settlement OFFENDER ACCOUNTABILITY for medicare beneficiaries with cancer process. AND REHABILITATION ACT OF who are enrolled in an approved clin- S. 1077 1999 ical trial program. At the request of Mr. SCHUMER, the S. 875 names of the Senator from Hawaii (Mr. At the request of Mr. ALLARD, the AKAKA) and the Senator from Nebraska DURBIN AMENDMENT NO. 367 name of the Senator from Oklahoma (Mr. KERREY) were added as cosponsors (Ordered to lie on the table.) (Mr. INHOFE) was added as a cosponsor of S. 1077, a bill to dedicate the new Mr. DURBIN submitted an amend- of S. 875, a bill to amend the Internal Amtrak station in New York, New ment intended to be proposed by him Revenue Code of 1986 to expand S cor- York, to Senator DANIEL PATRICK MOY- to the bill (S. 254) to reduce violent ju- poration eligibility for banks, and for NIHAN. venile crime, promote accountability other purposes. At the request of Mr. DASCHLE, his by rehabilitation of juvenile criminals, S. 879 name was added as a cosponsor of S. punish and deter violent gang crime, At the request of Mr. CONRAD, the 1077, supra. and for other purposes; as follows: name of the Senator from Mississippi SENATE RESOLUTION 92 At the appropriate place, insert the fol- lowing: (Mr. COCHRAN) was added as a cospon- At the request of Mrs. BOXER, the sor of S. 879, a bill to amend the Inter- name of the Senator from Mississippi SEC. ll. SHORT TITLE. nal Revenue Code of 1986 to provide a This Act may be cited as the ‘‘Family Re- (Mr. COCHRAN) was added as a cospon- sponsibility Act’’. shorter recovery period for the depre- sor of Senate Resolution 92, a resolu- ciation of certain leasehold improve- SEC. ll. CHILDREN AND FIREARMS SAFETY. tion expressing the sense of the Senate (a) DEFINITION.—Section 921(a)(34)(A) of ments that funding for prostate cancer re- title 18, United States Code, is amended by S. 918 search should be increased substan- inserting ‘‘or removing’’ after ‘‘deacti- At the request of Mr. KERRY, the tially. vating’’. name of the Senator from New Hamp- (b) PROHIBITION.—Section 922 of title 18, f shire (Mr. GREGG) was added as a co- United States Code, is amended by inserting sponsor of S. 918, a bill to authorize the SENATE RESOLUTION 104—TO AU- after subsection (y) the following: THORIZE TESTIMONY, PRODUC- ‘‘(z) PROHIBITION AGAINST GIVING JUVE- Small Business Administration to pro- NILES ACCESS TO CERTAIN FIREARMS.— vide financial and business develop- TION OF DOCUMENTS, AND ‘‘(1) DEFINITION OF JUVENILE.—In this sub- ment assistance to military reservists’ LEGAL REPRESENTATION section, the term ‘juvenile’ means an indi- small business, and for other purposes. Mr. LOTT (for himself and Mr. vidual who has not attained the age of 18 S. 924 DASCHLE) submitted the following reso- years. ‘‘(2) PROHIBITION.—Except as provided in At the request of Mr. NICKLES, the lution; which was considered and paragraph (3), it shall be unlawful for any name of the Senator from Wyoming agreed to: person to keep a loaded firearm, or an un- (Mr. THOMAS) was added as a cosponsor S. RES. 104 loaded firearm and ammunition for the fire- of S. 924, a bill entitled the ‘‘Federal Whereas, in the case of United States v. arm, any of which has been shipped or trans- Royalty Certainty Act’’. Nippon Miniature Bearing, Inc., et al., Court ported in interstate or foreign commerce or

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00133 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5766 CONGRESSIONAL RECORD — SENATE May 20, 1999

otherwise substantially affects interstate or (2) to prevent State law enforcement and ‘‘(4) REPORT TO STATE.—Section foreign commerce, within any premise that judicial authorities from exercising their re- 14601(d)(2)(C) is amended by inserting ‘‘ille- is under the custody or control of that per- sponsibilities with regard to the application gal drugs or’’ before ‘‘weapons’’. son if that person knows, reasonably should of Federal and State law to a crime com- ‘‘(5) REPEALER—Section 14601 is amended know, or recklessly disregards the risk that mitted by a child, including a child with a by striking subsection (f). a juvenile is capable of gaining access to the disability. ‘‘(6) POLICY REGARDING CRIMINAL JUSTICE firearm without the permission of the parent (c) AUTHORIZATION OF APPROPRIATIONS.— SYSTEM REFERRAL.—Section 14602(a) is or legal guardian of the juvenile. (1) AUTHORIZATION.—There are authorized amended by replacing ‘‘served by’’ with ‘‘(3) EXCEPTIONS.—Paragraph (2) does not to be appropriated to pay the costs of the ‘‘under the jurisdiction of’’, and by inserting apply if— interventions and services described in sub- after ‘‘who’’ the following: ‘‘is in possession ‘‘(A) the person uses a secure gun storage section (a) such sums as may be necessary of an illegal drug, or illegal drug para- or safety device for the firearm; for each of the fiscal years 2000 through 2004. phernalia, on school property under the ju- ‘‘(B) the person is a peace officer, a mem- (2) DISTRIBUTION.—The Secretary of Edu- risdiction of, or in a vehicle operated by an ber of the Armed Forces, or a member of the cation shall provide for the distribution of employee or agent of, such agency, or who’’. ATA AND POLICY DISSEMINATION UNDER National Guard, and the juvenile obtains the the funds made available under paragraph ‘‘(7) D IDEA.—Section 14603 is amended by inserting firearm during, or incidental to, the per- (1)— ‘‘current’’ before ‘‘policy’’, by striking ‘‘in formance of the official duties of the person (A) to States for a fiscal year in the same effect on October 20, 1994’’, by striking all in that capacity; manner as the Secretary makes allotments the matter after ‘‘schools’’ and inserting a ‘‘(C) the juvenile obtains, or obtains and to States under section 4011(b) of the Ele- period thereafter, and by inserting before discharges, the firearm in a lawful act of mentary and Secondary Education Act of ‘‘engaging’’ the following: ‘‘possessing illegal self-defense or defense of one or more other 1965 (20 U.S.C. 7111(b)) for the fiscal year; and drugs, or illegal drug paraphernalia, on persons; (B) to local educational agencies for a fis- school property, or in vehicles operated by ‘‘(D) the person has no reasonable expecta- cal year in the same manner as funds are dis- employees or agents of, schools or local edu- tion, based on objective facts and cir- tributed to local educational agencies under cational agencies, or’’. cumstances, that a juvenile is likely to be section 4113(d)(2) of the Elementary and Sec- ‘‘(b) COMPLIANCE DATE; REPORTING:— present on the premises on which the firearm ondary Education Act of 1965 (20 U.S.C. ‘‘(1) States shall have two years from the is kept; or 7113(d)(2)) for the fiscal year. date of enactment of this act to comply with ‘‘(E) the juvenile obtains the firearm as a the requirements established in the amend- result of an unlawful entry by any person.’’. HELMS (AND OTHERS) ments made by subsection (a). (c) PENALTIES.—Section 924(a) of title 18, AMENDMENT NO. 369 ‘‘(2) Not later than three years after the United States Code, is amended by adding at date of enactment of this Act, the Secretary Mr. HATCH (for Mr. HELMS (for him- the end the following: of Education shall submit to Congress a re- ‘‘(7) Whoever violates section 922(z), if a ju- self, Mr. NICKLES, Mr. THURMOND, and port on any State that is not in compliance venile (as defined in section 922(z)) obtains Mr. GRASSLEY) proposed an amendment with the requirements of this part. access to the firearm and thereby causes to the bill S. 254, supra; as follows: ‘‘(3) Not later than two years after the date death or bodily injury to the juvenile or to At the appropriate place, insert the fol- of enactment of this Act, the Secretary of any other person, or exhibits the firearm ei- lowing: Education shall submit to Congress a report ther in a public place, or in violation of sec- ‘‘SEC. . SAFE SCHOOLS. analyzing the strengths and weaknesses of tion 922(q)— ‘‘(a) AMENDMENTS.—Part F of title XIV of approaches regarding the disciplining chil- ‘‘(A) shall be fined not more than $10,000, the Elementary and Secondary Education dren with disabilities.’’ imprisoned not more than 1 year, or both; Act of 1965 (20 U.S.C. 8921 et seq.) is amended (d) ROLE OF LICENSED FIREARMS DEALERS.— Section 926 of title 18, United States Code, is as follows: HARKIN (AND OTHERS) ‘‘(1) SHORT TITLE.—Section 14601(a) is amended by adding at the end the following: AMENDMENT NO. 370 amended by replacing ‘‘Gun-Free’’ with ‘‘(d) CONTENTS OF FORM.—The Secretary Mr. HATCH (for Mr. HARKIN (for him- shall ensure that a copy of section 922(z) ap- ‘‘Safe’’, and ‘‘1994’’ with ‘‘1999’’. ‘‘(2) REQUIREMENTS.—Section 14601(b)(1) is self, Mrs. LINCOLN, and Mr. pears on the form required to be obtained by amended by inserting after ‘‘determined’’ the a licensed dealer from a prospective trans- WELLSTONE)) proposed an amendment following: ‘‘to be in possession of felonious to the bill S. 254, supra; as follows: feree of a firearm.’’. quantities of an illegal drug, on school prop- (e) NO EFFECT ON STATE LAW.—Nothing in At the end, add the following: erty under the jurisdiction of, or in a vehicle this section or the amendments made by this operated by an employee or agent of, a local SEC. ll. SCHOOL COUNSELING. section shall be construed to preempt any educational agency in that State, or’’. Section 10102 of the Elementary and Sec- provision of the law of any State, the pur- ‘‘(3) DEFINITIONS.—Section 14601(b)(4) is ondary Education Act of 1965 (20 U.S.C. 8002) pose of which is to prevent juveniles from in- amended by replacing ‘‘Definition’’ with is amended to read as follows: juring themselves or others with firearms. ‘‘Definitions’’ in the catchline, by replacing ‘‘SEC. 10102. ELEMENTARY SCHOOL AND SEC- ‘‘section’’ in the matter under the catchline ONDARY SCHOOL COUNSELING DEM- ONSTRATION. HARKIN AND KENNEDY with ‘‘part’’, by redesignating the matter ‘‘(a) COUNSELING DEMONSTRATION.— AMENDMENT NO. 368 under the catchline after the comma as sub- ‘‘(1) IN GENERAL.—The Secretary may paragraph (A), by replacing the period with a Mr. HARKIN (for himself and Mr. award grants under this section to local edu- semi-colon, and by adding new subpara- KENNEDY) proposed an amendment to cational agencies to enable the local edu- graphs (B), (C), and (D) as follows: the bill S. 254, supra; as follows: ‘‘(B) the term ‘‘illegal drug’’ means a con- cational agencies to establish or expand ele- At the end, add the following: trolled substance, as defined in section 102(6) mentary school counseling programs. SEC. ll. APPROPRIATE INTERVENTIONS AND of the Controlled Substances Act (21 U.S.C. ‘‘(2) PRIORITY.—In awarding grants under SERVICES; CLARIFICATION OF FED- 802(6)), the possession of which is unlawful this section, the Secretary shall give special ERAL LAW. under the Act (21 U.S.C. 801 et seq.) or under consideration to applications describing pro- (a) APPROPRIATE INTERVENTIONS AND SERV- the Controlled Substances Import and Ex- grams that— ICES.—School personnel shall ensure that im- port Act (21 U.S.C. 951 et seq.), but does not ‘‘(A) demonstrate the greatest need for new mediate appropriate interventions and serv- mean a controlled substance used pursuant or additional counseling services among the ices, including mental health interventions to a valid prescription or as authorized by children in the schools served by the appli- and services, are provided to a child removed law; and cant; from school for any act of violence, includ- ‘‘(C) the term ‘‘illegal drug paraphernalia’’ ‘‘(B) propose the most promising and inno- ing carrying or possessing a weapon to or at means drug paraphernalia, as defined in sec- vative approaches for initiating or expanding a school, on school premises, or to or at a tion 422(d) of the Controlled Substances Act school counseling; and school function under the jurisdiction of a (21 U.S.C. 863(d)), except that the first sen- ‘‘(C) show the greatest potential for rep- State or local educational agency, in order tence of that section shall be applied by in- lication and dissemination. to— serting ‘or under the Controlled Substances ‘‘(3) EQUITABLE DISTRIBUTION.—In awarding (1) to ensure that our Nation’s schools and Import and Export Act (21 U.S.C. 951 et seq.)’ grants under this section, the Secretary communities are safe; and before the period. shall ensure an equitable geographic dis- (2) maximize the likelihood that such child ‘‘(D) the term ‘‘felonious quantities of an tribution among the regions of the United shall not engage in such behaviors, or such illegal drug’’ means any quantity of an ille- States and among urban, suburban, and rural behaviors do not reoccur. gal drug— areas. (b) CLARIFICATION OF FEDERAL LAW.—Noth- (i) possession of which quantity would, ‘‘(4) DURATION.—A grant under this section ing in Federal law shall be construed— under federal, State, or local law, either con- shall be awarded for a period not to exceed (1) to prohibit an agency from reporting a stitute a felony or indicate an intent to dis- three years. crime committed by a child, including a tribute or ‘‘(5) MAXIMUM GRANT.—A grant under this child with a disability, to appropriate au- (ii) that is possessed with an intent to dis- section shall not exceed $400,000 for any fis- thorities; or tribute.’’. cal year.

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00134 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 20, 1999 CONGRESSIONAL RECORD — SENATE S5767

‘‘(b) APPLICATIONS.— ‘‘(G) include inservice training for school ‘‘(4) the term ‘supervisor’ means an indi- ‘‘(1) IN GENERAL.—Each local educational counselors, school social workers, school vidual who has the equivalent number of agency desiring a grant under this section psychologists, other pupil services personnel, years of professional experience in such indi- shall submit an application to the Secretary teachers, and instructional staff; vidual’s respective discipline as is required at such time, in such manner, and accom- ‘‘(H) involve parents of participating stu- of teaching experience for the supervisor or panied by such information as the Secretary dents in the design, implementation, and administrative credential in the State of may reasonably require. evaluation of a counseling program; such individual. ‘‘(2) CONTENTS.—Each application for a ‘‘(I) involve collaborative efforts with in- ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— grant under this section shall— stitutions of higher education, businesses, There are authorized to be appropriated to ‘‘(A) describe the school population to be labor organizations, community groups, so- carry out this section $150,000,000 for fiscal targeted by the program, the particular per- cial service agencies, or other public or pri- year 2000 and such sums as may be necessary sonal, social, emotional, educational, and ca- vate entities to enhance the program and for each of the 4 succeeding fiscal years. reer development needs of such population, promote school-linked services integration; and the current school counseling resources ‘‘(J) evaluate annually the effectiveness BIDEN (AND OTHERS) AMENDMENT and outcomes of the counseling services and available for meeting such needs; NO. 371 ‘‘(B) describe the activities, services, and activities assisted under this section; training to be provided by the program and ‘‘(K) ensure a team approach to school Mr. HATCH (for Mr. BIDEN (for him- the specific approaches to be used to meet counseling by maintaining a ratio in the ele- self, Mr. SCHUMER, Mr. KOHL, Mrs. mentary schools of the local educational the needs described in subparagraph (A); BOXER, Mr. DASCHLE, Mr. KERREY, Mr. agency that does not exceed 1 school coun- ‘‘(C) describe the methods to be used to AKAKA, Mr. BAYH, Mr. BREAUX, Mr. evaluate the outcomes and effectiveness of selor to 250 students, 1 school social worker CLELAND, Mr. DODD, Mr. DORGAN, Mr. the program; to 800 students, and 1 school psychologist to ‘‘(D) describe the collaborative efforts to 1,000 students; and HARKIN, Mr. KENNEDY, Mr. KERRY, Mr. be undertaken with institutions of higher ‘‘(L) ensure that school counselors, school LAUTENBERG, Mr. LEVIN, Mr. LIEBER- education, businesses, labor organizations, psychologists, or school social workers paid MAN, Ms. MIKULSKI, Mr. MOYNIHAN, Mr. community groups, social service agencies, from funds made available under this section REID, Mr. REED, Mr. ROBB, Mr. ROCKE- and other public or private entities to en- spend at least 85 percent of their total FELLER, Mr. SARBANES, Mr. TORRICELLI, worktime at the school in activities directly hance the program and promote school- Mr. WELLSTONE, Mr. JOHNSON, Mr. linked services integration; related to the counseling process and not more than 15 percent of such time on admin- BINGAMAN, and Mr. HOLLINGS) proposed ‘‘(E) describe collaborative efforts with in- an amendment to the bill S. 254, supra; stitutions of higher education which specifi- istrative tasks that are associated with the cally seek to enhance or improve graduate counseling program. as follows: programs specializing in the preparation of ‘‘(3) REPORT.—The Secretary shall issue a At the end of the bill, insert the following: report evaluating the programs assisted pur- school counselors, school psychologists, and TITLE V—21ST CENTURY COMMUNITY suant to each grant under this subsection at school social workers; POLICING INITIATIVE the end of each grant period in accordance ‘‘(F) document that the applicant has the with section 14701, but in no case later than SEC. 501. 21ST CENTURY COMMUNITY POLICING personnel qualified to develop, implement, January 30, 2003. INITIATIVE. and administer the program; ‘‘(4) DISSEMINATION.—The Secretary shall (a) COPS PROGRAM.—Section 1701(a) of ‘‘(G) describe how any diverse cultural pop- make the programs assisted under this sec- title I of the Omnibus Crime Control and ulations, if applicable, would be served tion available for dissemination, either Safe Streets Act of 1968 (42 U.S.C. 3796dd(a)) through the program; through the National Diffusion Network or is amended by— ‘‘(H) assure that the funds made available other appropriate means. (1) inserting ‘‘and prosecutor’’ after ‘‘in- under this part for any fiscal year will be ‘‘(5) LIMIT ON ADMINISTRATION.—Not more crease police’’; and used to supplement and, to the extent prac- than five percent of the amounts made avail- (2) inserting ‘‘to enhance law enforcement ticable, increase the level of funds that able under this section in any fiscal year access to new technologies, and’’ after ‘‘pres- would otherwise be available from non-Fed- shall be used for administrative costs to ence,’’. eral sources for the program described in the carry out this section. (b) HIRING AND REDEPLOYMENT GRANT application, and in no case supplant such ‘‘(d) DEFINITIONS.—For purposes of this sec- PROJECTS.—Section 1701(b) of title I of the funds from non-Federal sources; and tion— Omnibus Crime Control and Safe Streets Act ‘‘(I) assure that the applicant will appoint ‘‘(1) the term ‘school counselor’ means an of 1968 (42 U.S.C. 3796dd(b)) is amended— an advisory board composed of parents, individual who has documented competence (1) in paragraph (1)— school counselors, school psychologists, in counseling children and adolescents in a (A) by striking ‘‘and’’ at the end of sub- school social workers, other pupil services school setting and who— paragraph (B) and inserting after ‘‘Nation,’’ personnel, teachers, school administrators, ‘‘(A) possesses State licensure or certifi- ‘‘or pay overtime to existing career law en- and community leaders to advise the local cation granted by an independent profes- forcement officers;’’; educational agency on the design and imple- sional regulatory authority; (B) by striking the period at the end of mentation of the program. ‘‘(B) in the absence of such State licensure subparagraph (C) and inserting ‘‘; and’’; and ‘‘(c) USE OF FUNDS.— or certification, possesses national certifi- (C) by adding at the end the following: ‘‘(1) IN GENERAL.—Grant funds under this cation in school counseling or a specialty of ‘‘(D) promote higher education among in- section shall be used to initiate or expand counseling granted by an independent profes- service State and local law enforcement offi- school counseling programs that comply sional organization; or cers by reimbursing them for the costs asso- with the requirements in paragraph (2). ‘‘(C) holds a minimum of a master’s degree ciated with seeking a college or graduate ‘‘(2) PROGRAM REQUIREMENTS.—Each pro- in school counseling from a program accred- school education.’’; and gram assisted under this section shall— ited by the Council for Accreditation of (2) in paragraph (2) by striking all that fol- ‘‘(A) be comprehensive in addressing the Counseling and Related Educational Pro- lows SUPPORT SYSTEMS.—’’ and inserting personal, social, emotional, and educational grams or the equivalent; ‘‘Grants pursuant to paragraph (1)(A) for needs of all students; ‘‘(2) the term ‘school psychologist’ means overtime may not exceed 25 percent of the ‘‘(B) use a developmental, preventive ap- an individual who— funds available for grants pursuant to this proach to counseling; ‘‘(A) possesses a minimum of 60 graduate subsection for any fiscal year; paragraph ‘‘(C) increase the range, availability, quan- semester hours in school psychology from an (1)(C) may not exceed 20 percent of the funds tity, and quality of counseling services in institution of higher education and has com- available for grants pursuant to this sub- the elementary schools of the local edu- pleted 1,200 clock hours in a supervised section in any fiscal year, and grants pursu- cational agency; school psychology internship, of which 600 ant to paragraph (1)(D) may not exceed 5 per- ‘‘(D) expand counseling services only hours shall be in the school setting; cent of the funds available for grants pursu- through qualified school counselors, school ‘‘(B) possesses State licensure or certifi- ant to this subsection for any fiscal year. psychologists, and school social workers; cation in the State in which the individual (c) ADDITIONAL GRANT PROJECTS.—Section ‘‘(E) use innovative approaches to increase works; or 1701(d) of title I of the Omnibus Crime Con- children’s understanding of peer and family ‘‘(C) in the absence of such State licensure trol and Safe Streets Act of 1968 (42 U.S.C. relationships, work and self, decision- or certification, possesses national certifi- 3796dd(d)) is amended— making, or academic and career planning, or cation by the National School Psychology (1) in paragraph (2)— to improve social functioning; Certification Board; (A) by inserting ‘‘integrity and ethics’’ ‘‘(F) provide counseling services that are ‘‘(3) the term ‘school social worker’ means after ‘‘specialized’’; and well-balanced among classroom group and an individual who holds a master’s degree in (B) by inserting ‘‘and’’ after ‘‘enforcement small group counseling, individual coun- social work and is licensed or certified by officers’’; seling, and consultation with parents, teach- the State in which services are provided or (2) in paragraph (7) by inserting ‘‘school of- ers, administrators, and other pupil services holds a school social work specialist creden- ficials, religiously-affiliated organizations,’’ personnel; tial; and after ‘‘enforcement officers’’;

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00135 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5768 CONGRESSIONAL RECORD — SENATE May 20, 1999 (3) by striking paragraph (8) and inserting predict, and respond pro-actively to local affecting or occurring in or around an ele- the following: crime and disorder problems, as well as to mentary or secondary school; ‘‘(8) establish school-based partnerships be- engage in regional crime analysis. (B) by striking subparagraph (E) and in- tween local law enforcement agencies and ‘‘(g) COMMUNITY-BASED PROSECUTION PRO- serting the following: local school systems, by using school re- GRAM.—Grants made under subsection (a) ‘‘(E) to train students in conflict resolu- source officers who operate in and around el- may be used to assist State, local or tribal tion, restorative justice, and crime aware- ementary and secondary schools to serve as prosecutors’ offices in the implementation of ness, and to provide assistance to and coordi- a law enforcement liaison with other Fed- community-based prosecution programs that nate with other officers, mental health pro- eral, State, and local law enforcement and build on local community policing efforts. fessionals, and youth counselors who are re- regulatory agencies, combat school-related Funds made available under this subsection sponsible for the implementation of preven- crime and disorder problems, gang member- may be used to— tion/intervention programs within the ship and criminal activity, firearms and ex- ‘‘(1) hire additional prosecutors who will be schools;’’; and plosives-related incidents, illegal use and assigned to community prosecution pro- (C) by adding at the end the following: possession of alcohol and the illegal posses- grams, including (but not limited to) pro- ‘‘(H) to work with school administrators, sion, use, and distribution of drugs; ’’; grams that assign prosecutors to handle members of the local parent teacher associa- (4) in paragraph (10) by striking ‘‘and’’ at cases from specific geographic areas, to ad- tions, community organizers, law enforce- the end; dress specific violent crime and other local ment, fire departments, and emergency med- (5) in paragraph (11) by striking the period crime problems (including intensive illegal ical personnel in the creation, review, and that appears at the end and inserting ‘‘; gang, gun and drug enforcement projects and implementation of a school violence preven- and’’; and quality of life initiatives), and to address lo- tion plan; (6) by adding at the end the following: calized violent and other crime problems ‘‘(I) to assist in documenting the full de- ‘‘(12) develop and implement innovative based on needs identified by local law en- scription of all firearms found or taken into programs (such as the TRIAD program) that forcement agencies, community organiza- custody on school property and to initiate a bring together a community’s sheriff, chief tions, and others; firearms trace and ballistics examination for of police, and elderly residents to address the ‘‘(2) redeploy existing prosecutors to com- each firearm with the local office of the Bu- public safety concerns of older citizens.’’. munity prosecution programs as described in reau of Alcohol, Tobacco, and Firearms; paragraph (1) of this section by hiring victim ‘‘(J) to document the full description of all (d) TECHNICAL ASSISTANCE.—Section 1701(f) explosives or explosive devices found or of title I of the Omnibus Crime Control and and witness coordinators, paralegals, com- taken into custody on school property and Safe Streets Act of 1968 (42 U.S.C. 3796dd(f)) munity outreach, and other such personnel; report to the local office of the Bureau of Al- is amended— and ‘‘(3) establish programs to assist local pros- cohol, Tobacco, and Firearms; and (1) in paragraph (1)— ecutors’ offices in the implementation of ‘‘(K) to assist school administrators with (A) by inserting ‘‘use up to 5 percent of the programs that help them identify and re- the preparation of the Department of Edu- funds appropriated under subsection (a) to’’ spond to priority crime problems in a com- cation, Annual Report on State Implementa- after ‘‘The Attorney General may’’; munity with specifically tailored solutions. tion of the Gun-Free Schools Act which (B) by inserting at the end the following: At least 75 percent of the funds made avail- tracks the number of students expelled per ‘‘In addition, the Attorney General may use able under this subsection shall be reserved year for bringing a weapon, firearm, or ex- up to 5 percent of the funds appropriated for grants under paragraphs (1) and (2) and of plosive to school.’’. under subsections (d), (e), and (f) for tech- those amounts no more than 10 percent may (k) AUTHORIZATION OF APPROPRIATIONS.— nical assistance and training to States, units be used for grants under paragraph (2) and at Section 1001(a)(11) of title I of the Omnibus of local government, Indian tribal govern- least 25 percent of the funds shall be reserved Crime Control and Safe Streets Act of 1968 ments, and to other public and private enti- for grants under paragraphs (1) and (2) to (42 U.S.C. 3793(a)(11)) is amended— ties for those respective purposes,’’; units of local government with a population (1) by amending subparagraph (A) to read (2) in paragraph (2) by inserting ‘‘under of less than 50,000.’’. as follows: subsection (a)’’ after ‘‘the Attorney Gen- (h) RETENTION GRANTS.—Section 1703 of ‘‘(A) There are authorized to be appro- eral’’; and title I of the Omnibus Crime Control and priated to carry out part Q, to remain avail- (3) in paragraph (3)— Safe Streets Act of 1968 (42 U.S.C. 3796dd–2) is able until expended— (A) by striking ‘‘the Attorney General amended by inserting at the end the fol- ‘‘(i) $1,150,000,000 for fiscal year 2000; may’’ and inserting ‘‘the Attorney General lowing: ‘‘(ii) $1,150,000,000 for fiscal year 2001; shall’’; ‘‘(d) RETENTION GRANTS.—The Attorney ‘‘(iii) $1,150,000,000 for fiscal year 2002; (B) by inserting ‘‘regional community po- General may use no more than 50 percent of ‘‘(iv) $1,150,000,000 for fiscal year 2003; licing institutes’’ after ‘‘operation of’’; and the funds under subsection (a) to award ‘‘(v) $1,150,000,000 for fiscal year 2004; and (C) by inserting ‘‘representatives of police grants targeted specifically for retention of ‘‘(vi) $1,150,000,000 for fiscal year 2005.’’; and labor and management organizations, com- police officers to grantees in good standing, (2) in subparagraph (B)— munity residents,’’ after ‘‘supervisors,’’. with preference to those that demonstrate fi- (A) by striking ‘‘3 percent’’ and inserting (e) TECHNOLOGY AND PROSECUTION PRO- nancial hardship or severe budget constraint ‘‘5 percent’’; GRAMS.—Section 1701 of title I of the Omni- that impacts the entire local budget and (B) by striking ‘‘85 percent’’ and inserting bus Crime Control and Safe Streets Act of may result in the termination of employ- ‘‘$600,000,000’’; and 1968 (42 U.S.C. 3796dd) is amended by— ment for police officers funded under sub- (C) by striking ‘‘1701(b),’’ and all that fol- (1) striking subsection (k); section (b)(1).’’. lows through ‘‘of part Q’’ and inserting the (2) redesignating subsections (f) through (j) (i) HIRING COSTS.—Section 1704(c) of title I following: ‘‘1701(b) and (c), $350,000,000 to as subsections (g) through (k); and of the Omnibus Crime Control and Safe grants for the purposes specified in section (3) striking subsection (e) and inserting the Streets Act of 1968 (42 U.S.C. 3796dd–3(c)) is 1701(f), and $200,000,000 to grants for the pur- following: amended by striking ‘‘$75,000’’ and inserting poses specified in section 1701(g).’’. ‘‘(f) LAW ENFORCEMENT TECHNOLOGY PRO- ‘‘$125,000’’. f GRAM.—Grants made under subsection (a) (j) DEFINITIONS.— may be used to assist police departments, in (1) CAREER LAW ENFORCEMENT OFFICER.— SATELLITE HOME VIEWERS employing professional, scientific, and tech- Section 1709(1) of title I of the Omnibus IMPROVEMENT ACT nological advancements that will help Crime Control and Safe Streets Act of 1968 them— (42 U.S.C. 3796dd–8) is amended by inserting ‘‘(1) improve police communications after ‘‘criminal laws’’ the following: ‘‘includ- MCCAIN AMENDMENT NO. 372 through the use of wireless communications, ing sheriffs deputies charged with super- Mr. HATCH (for Mr. MCCAIN) pro- computers, software, videocams, databases vising offenders who are released into the and other hardware and software that allow community but also engaged in local com- posed an amendment to the bill to law enforcement agencies to communicate munity policing efforts.’’. amend title 17, United States Code, to more effectively across jurisdictional bound- (2) SCHOOL RESOURCE OFFICER.—Section reform the copyright law with respect aries and effectuate interoperability; 1709(4) of title I of the Omnibus Crime Con- to satellite retransmissions of broad- ‘‘(2) develop and improve access to crime trol and Safe Streets Act of 1968 (42 U.S.C. cast signals, and for other purposes; as solving technologies, including DNA anal- 3796dd–8) is amended— follows: ysis, photo enhancement, voice recognition, (A) by striking subparagraph (A) and in- On page 1, between lines 2 and 3, insert the and other forensic capabilities; and serting the following: ‘‘(3) promote comprehensive crime analysis ‘‘(A) to serve as a law enforcement liaison following: by utilizing new techniques and tech- with other Federal, State, and local law en- TITLE I—SATELLITE HOME VIEWERS nologies, such as crime mapping, that allow forcement and regulatory agencies, to ad- IMPROVEMENTS ACT law enforcement agencies to use real-time dress and document crime and disorder prob- On page 1, line 3, strike ‘‘SECTION 1.’’ and crime and arrest data and other related in- lems including gangs and drug activities, insert ‘‘SEC. 101.’’. formation—including non-criminal justice firearms and explosives-related incidents, On page 2, line 1, strike ‘‘SEC. 2.’’ and in- data—to improve their ability to analyze, and the illegal use and possession of alcohol sert ‘‘SEC. 102.’’.

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00136 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 20, 1999 CONGRESSIONAL RECORD — SENATE S5769 On page 1, line 4, strike ‘‘Act’’ and insert rect-to-home satellite service providers to digital signals of television broadcast sta- ‘‘title’’. compete in the provision of multichannel tions by cable television systems. On page 10, line 1, strike ‘‘SEC. 3.’’ and in- video services and would not serve the public ‘‘(d) DEFINITIONS.—In this section: sert ‘‘SEC. 103.’’. interest. ‘‘(1) TELEVISION BROADCAST STATION.—The On page 10, line 7, strike ‘‘SEC. 4.’’ and in- (11) Maintaining the viability of free, local, term ‘television broadcast station’ means a sert ‘‘SEC. 104.’’. over-the-air television service is a matter of full power local television broadcast station, On page 11, line 18, strike ‘‘SEC. 5.’’ and in- preeminent public interest. but does not include a low-power or trans- sert ‘‘SEC. 105.’’. (12) All subscribers to multichannel video lator television broadcast station. On page 12, line 11, strike ‘‘SEC. 6.’’ and in- services should be able to receive the signal ‘‘(2) NETWORK STATION.—The term ‘net- sert ‘‘SEC. 106.’’. of at least one station affiliated with each of work station’ means a television broadcast station that is owned or operated by, or af- On page 13, line 17, strike ‘‘SEC. 7.’’ and in- the major broadcast television networks. filiated with, a broadcasting network. sert ‘‘SEC. 107.’’. (13) Millions of subscribers to direct-to- On page 14, line 6, strike ‘‘SEC. 8.’ and in- ‘‘(3) BROADCASTING NETWORK.—The term home satellite service currently receive the ‘broadcasting network’ means a television sert ‘‘SEC. 108.’’ signals of network-affiliated stations not lo- network in the United States which offers an On page 14, line 7, strike ‘‘Act’’ each place cated in these subscribers’ local television interconnected program service on a regular it appears and insert ‘‘title’’. markets. Where conventional rooftop anten- basis for 15 or more hours per week to at On page 14, line 9, strike ‘‘section 4’’ and nas cannot provide satisfactory reception of least 25 affiliated broadcast stations in 10 or insert ‘‘section 104’’. local stations, distant network signals may more States. On page 14, after line 9, add the following: be these subscribers’ only source of network ‘‘(4) DISTANT TELEVISION STATION.—The TITLE II—SATELLITE TELEVISION ACT television service. term ‘distant television station’ means any OF 1996 (14) The widespread carriage of distant net- television broadcast station that is not li- SEC. 201. SHORT TITLE. work stations in local network affiliates’ censed and operating on a channel regularly This title may be cited as the ‘‘Satellite markets could harm the local stations’ abil- assigned to the local television market in Television Act of 1999’’. ity to serve their local community. which a subscriber to a direct-to-home sat- (15) Abrupt termination of satellite car- ellite service is located. SEC. 202. FINDINGS. riers’ provision of distant network signals ‘‘(5) LOCAL MARKET.—The term ‘local mar- The Congress makes the following findings: could have a negative impact on the ability ket’ means the designated market area in (1) In the Cable Television Consumer Pro- of direct-to-home satellite service to com- which a station is located. For a non- tection and Competition Act of 1992, Con- pete effectively in the provision of multi- commercial educational television broadcast gress stated its policy of promoting competi- channel video services. station, the local market includes any sta- tion in cable services and making available (16) The public interest would be served by tion that is licensed to a community within to the public a diversity of views and infor- permitting direct-to-home satellite service the same designated market area as the non- mation through cable television and other providers to continue existing carriage of a commercial educational television broadcast video media. distant network affiliate station’s signal station. (2) In the Telecommunications Act of 1996, where— ‘‘(6) SATELLITE CARRIER.—The term ‘sat- Congress stated its policy of securing lower (A) there is no local network affiliate; ellite carrier’ has the meaning given it by prices and higher quality service for Amer- (B) the local network affiliate cannot be section 119(d) of title 17, United States Code. ican telecommunications consumers and en- adequately received off-air; or ‘‘SEC. 338. CARRIAGE OF DISTANT TELEVISION couraging the rapid deployment of new tele- (C) continued carriage would not harm the STATIONS BY SATELLITE CARRIERS. communications technologies. local network station. ‘‘(a) PROVISIONS RELATING TO NEW SUB- (3) In most places throughout America, SCRIBERS.— SEC. 203. PURPOSE. cable television system operators still do not ‘‘(1) IN GENERAL.—Except as provided in face effective competition form other pro- The purpose of this title is to promote subsection (d), direct-to-home satellite serv- viders of multichannel video service. competition in the provision of multichannel ice providers shall be permitted to provide (4) Absent effective competition, the mar- video services while protecting the avail- the signals of 1 affiliate of each television ket power exercised by cable television oper- ability of free, local, over-the-air television, network to any household that initially sub- ators enables them to raise the price of cable particularly for the 22 percent of American scribed to direct-to-home satellite service on service to consumers, and to control the television households that do not subscribe or after July 10, 1998. price and availability of cable programming to any multichannel video programming ‘‘(2) ELIGIBILITY DETERMINATION.—The de- services to other multichannnel video serv- service. termination of a new subscriber’s eligibility ice providers. Current Federal Communica- SEC. 204. MUST-CARRY FOR SATELLITE CAR- to receive the signals of one or more distant tions Commission rules have been inad- RIERS RETRANSMITTING TELE- network stations as a component of the serv- equate in constraining cable price increases. VISION BROADCAST SIGNALS. ice provided pursuant to paragraph (a) shall (5) Direct-to-home satellite service has Part I of title III of the Communications be made by ascertaining whether the sub- over 8 million subscribers and constitutes Act of 1934 (47 U.S.C. 301 et seq.) is amended scriber resides within the predicted Grade B the most significant competitive alternative by adding at the end thereof the following: service area of a local network station. The to cable television service. ‘‘SEC. 337. CARRIAGE OF LOCAL TELEVISION STA- Individual Location Longley-Rice method- (6) Direct-to-home satellite service cur- TIONS BY SATELLITE CARRIERS. ology described by the Commission in Dock- rently suffers from a number of statutory, ‘‘(a) APPLICATION OF MANDATORY CARRIAGE et 98–201 shall be used to make this deter- regulatory, and technical barriers that keep TO SATELLITE CARRIERS.—The mandatory mination. A direct-to-home satellite service it from being an effective competitor to carriage provisions of section 614 and 615 of provider may provide the signal of a distant cable television in the provision of multi- this Act will apply in a local market no later network station to any subscriber deter- channel video services. than January 1, 2002, to satellite carriers re- mined by this method to be unserved by a (7) The most prominent of these barriers is transmitting any television broadcast sta- local station affiliated with that network. the inability to provide subscribers with tion in that local market pursuant to the ‘‘(3) RULEMAKING REQUIRED.— ‘‘(A) Within 90 days after the date of enact- local television broadcast signals by sat- compulsory license provided by section 122 of ment of the Satellite Television Act of 1999, ellite. title 17, United States Code. the Commission shall adopt procedures that (8) Permitting providers of direct-to-home ‘‘(b) GOOD SIGNAL REQUIRED.— shall be used by any direct-to-home satellite satellite service to retransmit local tele- ‘‘(1) COSTS.—A television broadcast station service subscriber requesting a waiver to re- vision signals to their subscribers would eligible for carriage under subsection (a) ceive one or more distant network signals. greatly enhance the ability of direct-to- may be required to bear the costs associated The waiver procedures adopted by the Com- home satellite service providers to compete with delivering a good quality signal to the mission shall— designated local receive facility of the sat- more effectively in the provision of multi- ‘‘(i) impose no unnecessary burden on the ellite carrier. The selection of a local receive channel video services. subscriber seeking the waiver; (9) Due to capacity limitations and in the facility by a satellite carrier shall not be ‘‘(ii) allocate responsibilities fairly be- interest of providing service in as many mar- made in a manner that frustrates the pur- tween direct-to-home satellite service pro- kets as possible, providers of direct-to-home poses of this Act. The Commission shall im- viders and local stations; satellite service, unlike cable television sys- plement the requirements of this section ‘‘(iii) prescribe mandatory time limits tems, cannot at this time carry all local tel- without imposing any undue economic bur- within which direct-to-home satellite service evision broadcast signals in all the local tel- den on any party. providers and local stations shall carry out evision markets they seek to serve. ‘‘(2) RULEMAKING REQUIRED.—The Commis- the obligations imposed upon them; and (10) It would be in the public interest for sion shall adopt rules implementing para- ‘‘(iv) prescribe that all costs of conducting providers of direct-to-home satellite service graph (1) within 180 days after the date of en- any measurement or testing shall be borne to fully comply with the mandatory signal actment of the Satellite Television Act of by the direct-to-home satellite service pro- carriage rules at the earliest possible date. 1999. vider, if the local station’s signal meets the In the interim, requiring full compliance ‘‘(c) CABLE TELEVISION SYSTEM DIGITAL prescribed minimum standards, or by the with the mandatory signal carriage rules SIGNAL CARRIAGE NOT COVERED.—Nothing in local station, if its signal fails to meet the would substantially limit the ability of di- this section applies to the carriage of the prescribed minimum standards.

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00137 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5770 CONGRESSIONAL RECORD — SENATE May 20, 1999

‘‘(4) PENALTY FOR VIOLATION.—Any direct- local market by a satellite carrier directly (1) TERMS DEFINED IN COMMUNICATIONS ACT to-home satellite service provider that to subscribers if— OF 1934.—Any term used in this title that is knowingly and willfully provides the signals ‘‘(i) that station was a superstation on May defined in section 337(d) of the Communica- of 1 or more distant television stations to 1, 1991; tions Act of 1934, as added by section 204 of subscribers in violation of this section shall ‘‘(ii) as of July 1, 1998, such station’s signal this title, has the meaning given to it by be liable for forfeiture in the amount of was transmitted under the compulsory li- that section. $50,000 per day per violation. cense of section 119 of title 17, United States (2) DESIGNATED MARKET AREA.—The term ‘‘(b) PROVISION RELATING TO EXISTING SUB- Code, by satellite carries directly to at least ‘‘designated market area’’ means a des- SCRIBERS.— 250,000 subscribers; and ignated market area, as determined by ‘‘(1) MORATORIUM ON TERMINATION.—Until ‘‘(iii) the satellite carrier complies with Nielsen Media Research and published in the December 31, 1999, any direct-to-home sat- any program exclusivity rules that may be DMA Market and Demographic Report. ellite service may continue to provide the adopted by the Federal Communications signals of distant television stations to any Commission pursuant to section 338. HATCH (AND LEAHY) AMENDMENT subscriber located within predicted Grade A ‘‘(B) retransmission of the distant signal of NO. 373 and Grade B contours of a local network sta- a broadcasting station that is owned or oper- tion who received those distant network sig- ated by, or affiliated with, a broadcasting Mr. HATCH (for himself and Mr. nals before July 11, 1998. network directly to a home satellite an- LEAHY) proposed an amendment to ‘‘(2) CONTINUED CARRIAGE.—Direct-to-home tenna, if the subscriber resides in an amendment No. 372 proposed by Mr. satellite service providers may continue to unserved household; or MCCAIN to the bill, S. 247, supra; as fol- provide the signals of distant television sta- ‘‘(C) retransmission by a cable operator or lows: tions to subscribers located between the out- other multichannel video programming dis- On page 17, strike line 4 through page 18, side limits of the predicted Grade A contour tributor (other than by a satellite carrier di- line 4 and insert the following: and the predicted Grade B contour of the rect to its subscribers) of the signal of a tele- SEC. 208 DEFINITIONS. corresponding local network stations after vision broadcast station outside the station’s December 31, 1999, subject to any limitations local market, if that signal was obtained adopted by the Commission under paragraph from a satellite carrier and— HATCH (AND LEAHY) (3). ‘‘(i) the originating station was a supersta- AMENDMENTS NOS. 374–375 ‘‘(3) RULEMAKING REQUIRED.— tion on May 1, 1991; and Mr. HATCH (for himself and Mr. ‘‘(A) Within 180 days after the date of en- ‘‘(ii) the originating station was a network LEAHY) proposed two amendments to actment of the Satellite Television Act of station on December 31, 1997, and its signal 1999, the Commission shall conclude a single was retransmitted by a satellite carrier di- the bill, S. 247, supra; as follows: rulemaking, compliant with subchapter II of rectly to subscribers. AMENDMENT NO. 374 chapter 5 of title 5, United States Code, to ‘‘(3) Any term used in this subsection that On page 3, line 9, strike ‘‘that station’’ and examine the extent to which any existing is defined in section 337(d) of this Act has the insert ‘‘the network that owns or is affili- program exclusivity rules should be imposed meaning given to it by that section.’’. ated with the network station’’. on distant network stations provided to sub- ‘‘(b) EFFECTIVE DATE.—The amendments On page 3, lines 16 and 17, strike ‘‘the sta- scribers under paragraph (2). made by subsection(a) take effect on Janu- tion’’ and insert ‘‘the network’’. ‘‘(B) The Commission shall not impose any ary 1, 1999. On page 4, line 3, strike ‘‘the station’’ and insert ‘‘the network’’. program exclusivity rules on direct-to-home SEC. 206. DESIGNATED MARKET AREAS. satellite service providers pursuant to sub- On page 12, beginning with line 19, strike Nothing in this title, or in the amendment all through line 5 on page 13 and insert the paragraph (A) unless it finds that it would be made by this title, prevents the Federal following: both technically and economically feasible Communications Commission from revising (3) by adding at the end the following: ‘‘In and otherwise in the public interest to do so. the listing of designated market areas or re- the case of the Public Broadcasting Service ‘‘(c) WAIVERS NOT PRECLUDED.—Notwith- assigning those area if the revision or reas- satellite feed, the compulsory license shall standing any other provision in this section, signment is done in the same manner and to be effective until January 1, 2002.’’. nothing shall preclude any network stations the same extent as the Commission’s cable On page 13, strike lines 6 through 8 and in- from authorizing the continued provision of television mandatory carriage rules provide. sert the following: distant network signals in unaltered form to SEC. 207. SEVERABILITY. (b) DEFINITIONS.—Section 119(d) of title 17, any direct-to-home satellite service sub- If any provision of this title of section United States Code, is amended— scriber currently receiving them. 325(b) or 337 of the Communications Act of (1) by amending paragraph (9) to read as ‘‘(d) CERTAIN SIGNALS.—Providers of direct- 1934 (47 U.S.C. 325(b) or 337, respectively), or follows: to-home satellite service may continue to the application of that provision to any per- ‘‘(9) SUPERSTATION.—The term ‘supersta- carry the signals of distant network stations son or circumstance, is held by a court of tion’— without regard to subsections (a) and (b) in competent Jurisdiction to violate any provi- ‘‘(A) means a television broadcast station, any situation in which— sion of the Constitution of the United other than a network station, licensed by ‘‘(1) a subscriber is unserved by the local States, then the other provisions of that sec- the Federal Communications Commission station affiliated with that network; tion, and the application of that provision to that is secondarily transmitted by a satellite ‘‘(2) a waiver is otherwise granted by the carrier; and local station under subsection (c); or other provisions and circumstance, shall not be affected. ‘‘(B) includes the Public Broadcasting ‘‘(3) if the carriage would otherwise be con- Service satellite feed.’’; and SEC. 208. SECONDARY TRANSMISSIONS. sistent with rules adopted by the Commis- (2) by adding at the end the following: ‘‘(a) AMENDENT OF SECTION 119(A)(2)(B) of sion in CS Docket 98–201. On page 13, line 25, strike ‘‘and’’. ‘‘(e) Report Required.—Within 180 days TITLE 17, UNITED STATES CODE.—Section On page 14, line 5, strike the period and in- after the date of enactment of the Satellite 119(a)(2)(B) of title 17, United States Code, is sert a semicolon and ‘‘and’’. Television Act of 1999, the Commission shall amended to read as follows: On page 14, insert between lines 5 and 6 the report to Congress on methods of facilitating ‘‘(B) SECONDARY TRANSMISSION TO following: the delivery of local signals in local mar- UNSERVED HOUSEHOLDS.—Except as provided (3) by adding at the end the following: kets, especially smaller markets.’’. in paragraph(5)(E) of this subsection, the li- ‘‘(11) STATUTORY LICENSE CONTINGENT ON SEC. 205. RETRANSMISSION CONSENT. cense provided or in subparagraph(a) shall be COMPLIANCE WITH FCC RULES AND REMEDIAL ‘‘(a) AMENDMENT OF SECTION 325(b).—Sec- limited to secondary transmissions to per- STEPS.—The willful or repeated secondary tion 325(b) of the Communications Act of 1934 sons who reside in unserved households.’’. transmission to the public by a satellite car- (47 U.S.C. 325(b)) is amended striking the ‘‘(b) AMENDMENT OF SECTION 119(A)(5) of rier of a primary transmission made by a subsection designation and paragraphs (1) Title 17.—Section 119(a)(5) of title 17, United broadcast station licensed by the Federal and (2) and inserting the following: States Code, is amended by adding at the end Communications Commission is actionable ‘‘(b)(1) No cable system or other multi- thereof the following: as an act of infringement under section 501, channel video programming distributor shall ‘‘(E) EXCEPTION.—The secondary trans- and is fully subject to the remedies provided retransmit the signal of a broadcasting sta- mission by a satellite carrier of a primary by sections 502 through 506 and 509, if, at the tion, or any part thereof, except— transmission made by a network station to time of such transmission, the satellite car- ‘‘(A) with the express authority of the sta- subscribers who do not reside in unserved rier is not in compliance with the rules, reg- tion; or households shall not be an act of infringe- ulations, and authorizations of the Federal ‘‘(B) pursuant to section 614 or section 615, ment if Communications Commission concerning the in the case of a station electing, in accord- ‘‘(i) that station was a superstation on May carriage of television broadcast station sig- ance with this subsection, to assert the right 1, 1991; and nals.’’. to carriage under that section. ‘‘(ii) that station was lawfully retrans- SEC. 8. TELEVISION BROADCAST STATION STAND- ‘‘(2) The provisions of this subsection shall mitted by satellite carriers directly to at ING. not apply to— lest 250,000 subscribers as of July 1, 1998.’’. Section 501 of title 17, United States Code, ‘‘(A) retransmission of the signal of a tele- SEC. 209. DEFINITIONS. is amended by adding at the end the fol- vision broadcast station outside the station’s In this title: lowing:

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00138 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 20, 1999 CONGRESSIONAL RECORD — SENATE S5771 ‘‘(f) With respect to any secondary trans- Affairs Committee be permitted to SUBCOMMITTEE ON ENERGY RESEARCH, mission that is made by a satellite carrier of meet on Thursday, May 20, 1999 at 2:30 DEVELOPMENT, PRODUCTION, AND REGULATION a primary transmission embodying the per- p.m. for a hearing on Oversight of Na- Mr. LOTT. Mr. President, I ask unan- formance or display of a work and is action- tional Security Methods and Processes imous consent that the Subcommittee able as an act of infringement under section Relating to the Wen-Ho Lee Espionage on Energy Research, Development, 122, a television broadcast station holding a Production, and Regulation of the copyright or other license to transmit or Investigation. perform the same version of that work shall, The PRESIDING OFFICER. Without Committee on Energy and Natural Re- for purposes of subsection (b) of this section, objection, it is so ordered. sources be granted permission to meet be treated as a legal or beneficial owner if COMMITTEE ON HEALTH, EDUCATION, LABOR, during the session of the Senate on such secondary transmission occurs within AND PENSIONS Thursday, May 20, for purposes of con- the local market of that station.’’. Mr. LOTT. Mr. President, I ask unan- ducting a joint subcommittee hearing On page 14, line 6, strike ‘‘sec. 8.’’ and in- imous consent that the Committee on with the Subcommittee on National sert ‘‘sec. 9.’’. Health, Education, Labor, and Pen- Economic Growth, Natural Resources, and Regulatory Affairs of the House AMENDMENT NO. 375 sions be authorized to meet for a hear- ing on ‘‘ESEA: From Tales to Tape’’ Committee on Government Reform, On page 12, line 4, insert after ‘‘network’’ during the session of the Senate on which is scheduled to begin at 2:30 p.m. the following: ‘‘or is not otherwise eligible to The purpose of this oversight hearing receive directly from a satellite carrier a sig- Thursday, May 20, 1999, at 10:00 a.m. nal of that television network (other than a The PRESIDING OFFICER. Without is to receive testimony and conduct signal provided under section 122) in accord- objection, it is so ordered. oversight on the Administration’s ance with section 338 of the Communications COMMITTEE ON HEALTH, EDUCATION, LABOR, FY2000 budget request for climate Act of 1934.’’. AND PENSIONS change programs and compliance with On page 14, insert between lines 5 and 6 the Mr. LOTT. Mr. President, I ask unan- various statutory provisions in FY1999 following: imous consent that the Committee on appropriations acts requiring detailed SEC. 8. MORATORIUM ON COPYRIGHT LIABILITY. Health, Education, Labor, and Pen- accounting of climate change spending Until December 31, 1999, no subscriber, as sions be authorized to meet during the and performance measures for each re- defined under section 119(d)(8) of title 17, session of the Senate on Thursday, quested increase in funding. United States Code, located within the pre- May 20, 1999, at 2:30 p.m. to receive tes- The PRESIDING OFFICER. Without dicted Grade B contour of a local network objection, it is so ordered. television broadcast station shall have sat- timony on education issues. SUBCOMMITTEE ON SCIENCE, TECHNOLOGY, AND ellite service of a distant network signal af- The PRESIDING OFFICER. Without SPACE filiated with the same network terminated, objection, it is so ordered. Mr. LOTT. Mr. President, I ask unan- if that subscriber received satellite service of COMMITTEE ON VETERANS’ AFFAIRS imous consent that the Subcommittee such network signal before July 11, 1998, as a Mr. LOTT. Mr. President, the Com- on Science, Technology, and Space of result of section 119 of title 17, United States mittee on Veterans’ Affairs would like Code. the Senate Committee on Commerce, to request unanimous consent to hold a On page 14, line 6, strike ‘‘sec. 8.’’ and in- Science and Transportation be author- hearing on pending legislation. sert ‘‘sec. 9.’’. ized to meet on Thursday, May 20, 1999, The hearing will be held on Thurs- f at 2:30 pm on Commercial Space. day, May 20, 1999, at 2:15 p.m., in room The PRESIDING OFFICER. Without AUTHORITY FOR COMMITTEES TO 418 of the Russell Senate Office Build- objection, it is so ordered. MEET ing. f COMMITTEE ON COMMERCE, SCIENCE AND The PRESIDING OFFICER. Without TRANSPORTATION objection, it is so ordered. ADDITIONAL STATEMENTS Mr. LOTT. Mr. President, I ask unan- SUBCOMMITTEE ON CLEAN AIR, WETLANDS, PRIVATE PROPERTY, AND NUCLEAR SAFETY imous consent that the Senate Com- TRIBUTE TO ADMIRAL BUD NANCE mittee on Commerce, Science, and Mr. LOTT, Mr. President, I ask unan- ∑ Transportation be authorized to meet imous consent that the Subcommittee Mr. MURKOWSKI. Mr. President, I on Thursday, May 20, 1999, at 9:30 a.m. on Clean Air, Wetlands, Private Prop- rise to give tribute to Admiral Bud on Internet Filtering. erty, and Nuclear Safety be granted Nance. His recent death is a great loss The PRESIDING OFFICER. Without permission to conduct a hearing on the to this institution and to this country. objection, it is so ordered. Environmental Protection Agency’s His list of accomplishments is long, his proposed sulfur standard for gasoline list of friends even longer. I want to ex- COMMITTEE ON ENERGY AND NATURAL press my sympathy to his wife and RESOURCES as contained in the proposed Tier Two family. I also want to extend that same Mr. LOTT. Mr. President, I ask unan- standards for automobiles Thursday, sympathy to my friend from North imous consent that the Committee on May 20, 9:30 a.m., Hearing Room (SD– Carolina, Senator HELMS, who has lost Energy and Natural Resources be 406). The PRESIDING OFFICER. Without a great friend and advisor. granted permission to meet during the objection, it is so ordered. I first met Bud in 1991 when he came session of the Senate on Thursday, out of a well-deserved military retire- May 20, for purposes of conducting a SUBCOMMITTEE ON ENERGY RESEARCH, DEVELOPMENT, PRODUCTION, AND REGULATION ment and took over as Staff Director of full committee hearing which is sched- Mr. LOTT. Mr. President, I ask unan- the Senate Foreign Relations Com- uled to begin at 9:30 a.m. The purpose imous consent that the Subcommittee mittee. I was a member of the Com- of this oversight hearing is to receive on Energy Research, Development, mittee at that time. His career as a testimony on damage to the national Production, and Regulation of the Navy Commander brought a steady security from Chinese espionage at Committee on Energy and Natural Re- hand and a cool head to the Committe. DOE nuclear weapons laboratories. sources be granted permission to meet I knew that when I had new staff mem- The PRESIDING OFFICER. Without during the session of the Senate on ber starting in the Senate I could send objection, it is so ordered. Thursday, May 20, for purposes of con- him or her to Bud and he would put the COMMITTEE ON GOVERNMENT AFFAIRS ducting a subcommittee hearing which staff member on the right track with Mr. LOTT. Mr. President, I ask unan- is scheduled to begin at 2:00 p.m. The his fatherly guidance. His maturity imous consent that the Governmental purpose of this hearing is to receive and mentoring role will be almost im- Affairs Committee be permitted to testimony on S. 348, a bill to authorize possible to replace. I also knew that meet on Thursday, May 20, 1999 at 10 and facilitate a program to enhance Bud would provide me with clear-head- a.m. for a business meeting to consider training research and development, en- ed advice. He was plain spoken and pending Committee business. ergy conservation and efficiency and honest, and I truly admired him for The PRESIDING OFFICER. Without consumer education in the oilheat con- that. Even after I left the Committee, objection, it is so ordered. sumers and the public, and for other I often turned to Bud for assistance or COMMITTEE ON GOVERNMENTAL AFFAIRS purposes. guidance on a particular issue, and he Mr. LOTT. Mr. President, I ask unan- The PRESIDING OFFICER. Without always gave me an honest answer. That imous consent that the Governmental objection, it is so ordered. counts for a lot up here.

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00139 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5772 CONGRESSIONAL RECORD — SENATE May 20, 1999 Mr. President, the Admiral’s many lowship’s mission to encourage active world. The only Baptist university in accomplishments have been noted pre- citizenship and service to the nation. America with an inspiring domed viously by my colleagues. Although I This program is extremely competi- school of divinity on its campus. knew of his military background prior tive, choosing individuals that have Born in Demopolis, Dr. Irons taught to joining the Senate, Bud was too demonstrated excellence in community at Duke University for two years be- modest to let the rest of us in on just service, leadership, and professional fore joining Samford. Dr. Irons was a what he had gone through in his pre- and academic achievement. It is the founding member of the Alabama His- vious career as a Navy officer. He saw nation’s most prestigious fellowship for torical Association in 1947 and at- active duty in World War II, Korea and public service and leadership develop- tended the 50th anniversary of the or- Vietnam. It has been reported that dur- ment. ganization last year in Birmingham. ing World War II he endured 162 Japa- Mr. Glueck had been assigned to the He was also a member of the Southern nese air and kamikaze attacks. One of Export-Import Bank of the U.S. during Historical Association, Alabama Bap- the papers reminded me of one of Bud’s his White House Fellowship. In this ca- tist Historical Association, Bir- great lines when the Committee was pacity, he works on ways to reconcile mingham-Jefferson Historical Society considering whether U.S. Ambassadors free trade with environmental protec- and John H. Forney Historical Society. should receive additional benefits, in- tion around the world. He has helped Dr. Irons historical writings were pub- cluding hardship pay. ‘‘I fought at Iwo coordinate a campaign for environ- lished by those organizations. Jima,’’ he said, ‘‘That’s hardship.’’ His mental standards of all OECD govern- He was past president of the Alabama life experiences helped him keep our ments that would withhold public fi- Writer’s Conclave and received a dis- tinguished service award from that or- work here in perspective. nancing for projects in developing Mr. President, I noted the obituary countries that damage the environ- ganization in 1977. He also served as from the Charlotte Observer was enti- ment. In addition to these responsibil- Vice President of the Alabama Acad- tled, ‘‘Bud Nance, Monroe Native Was ities, Mr. Glueck works to counter un- emy of Science. Dr. Irons was awarded the George an Officer and a Gentleman.’’ This was fair trade practices by foreign govern- Washington Honor Medal from Free- certainly a fitting description of the ments in emerging governments and to dom’s at Valley Forge, Pennsylvania, man, and he will be remembered fondly promote sales by U.S. companies with in 1962 and the George Washington by all who knew him.∑ environmentally-beneficial products to Honor Award in 1963. He was Director f places in Asia and Latin America that of Samford’s Freedom Foundation Pro- can benefit from American know-how. TRIBUTE TO JEFF GLUECK gram which won a record seventeen Mr. President, I wish to congratulate consecutive awards. The Samford year- ∑Mrs. FEINSTEIN. Mr. President, I Jeffrey Glueck for his accomplish- book, Entre Nous, was dedicated by the want to pay special tribute to an out- ments, and especially for being a dis- Samford student body to Dr. Irons, and standing citizen and participant of the tinguished recipient of the White unprecedented four times during his distinguished White House Fellowship House Fellowship. It is an honor to rep- teaching career—in 1941, 1960, 1969, and Program—Jeffrey Glueck from New- resent Mr. Glueck in the U.S. Senate.∑ 1974. He served as a member of the Jef- port Beach, CA. f Mr. Glueck, a management consult- ferson County Judicial Commission ant with Monitor Co. in Cambridge, TRIBUTE TO DR. GEORGE VERNON from 1961 to 1965, selecting circuit Massachusetts, graduated from Har- IRONS, SR. judges for the largest judicial circuit in vard University with honors, receiving ∑ Mr. SESSIONS. Mr. President, I rise Alabama. Dr. Irons was selected to Who’s Who his BA in social studies. He went on to today to recognize one of Alabama’s in America, Who’s Who in the South earn an MA in international relations great native sons, Dr. George Vernon and Southwest, Who’s Who in Amer- from Oxford University on a Marshall Irons, Sr., and to acknowledge the eu- ican Education and Directory of Amer- Scholarship, where he and a partner logy by Dr. James D. Moebes, given at won the annual Oxford Debating Cham- ican Scholars. his funeral service on July 21, 1998. Dr. Irons is a true Alabama sports pionship. Mr. Glueck has advised the A native of Demopolis, Dr. Irons was legend. In the early 1920’s, the prowess Peruvian and Bolivian governments on Distinguished Professor of History and of the Alabama Crimson Tide football economic competitiveness and from Political Science, Samford University, had ebbed. However, Crimson Tide 1995–98, directed a national competi- 43 years, Distinguished Professor track and distance star, George Irons, tiveness project for the Venezuelan Emeritus, 22 years—a Samford record. kept the athletic flame burning at the government and private sector. He was Dr. Irons taught not only history but Capstone as its ‘‘Knight of the also a pro bono advisor to the Center of how to make history—teaching 17 stu- Cinderpath.’’ The late Senator John Middle East Competitive Strategy, an dents who become university presi- Sparkman, a classmate of Irons, said, economic development and regional co- dents—more than any educator. ‘‘George Irons was all we had to cheer operation project for the signatory Dr. Irons was also one of Alabama’s about—if it hadn’t been for Irons, ath- governments of the Middle East peace true athletic greats—the only distance letics would have been pretty boring process. Mr. Glueck has maintained his man—the only University of Alabama back then.’’ long-standing commitment to public track man—ever inducted into the Ala- His athletic feats have been heralded service with his involvement in many bama Sports Hall of Fame. Mr. Presi- by legendary Coach Paul ‘‘Bear’’ Bry- community-based organizations. He tu- dent, only three men have been in- ant as ‘‘truly outstanding athletic tored at a housing project as a student ducted into the Alabama Sports Hall of achievements,’’ Coach Wallace Wade in Boston, was editor-in-chief of the Fame on the first ballot: Ralph Shug (three time Rose Bowl winner) as the Harvard Political Review, was a found- Jordan, Paul Bear Bryant and Dr. ‘‘greatest distance runner of his day,’’ ing participant of the Harvard Commu- George Irons. He was its oldest member and Coach Hank Crisp as ‘‘self-made nications Project—an inter-ethnic dis- at age 95. distance star for the Alabama Crimson cussion group—and started a recycling Mr. President, Dr. Irons was truly an Tide.’’ program at the Oxford University institution in himself. He first came to In 1923, he was described by those dorms. Howard College (now Samford Univer- who knew him best—his fellow class- Since 1965, the White House Fellow- sity) in Birmingham in 1933. When Dr. mates at the University of Alabama, ship Program has offered outstanding Irons reported to Howard College, the including the late U.S. Senator John citizens across the United States the school was in serious financial trouble Sparkman: opportunity to participate in a once-in- owing a half million dollars. Dr. Irons ‘‘George Irons: The South’s greatest a-lifetime experience. Fellows work gave a wealth of leadership, dedication distance runner and a scholarly Chris- closely with influential leaders in gov- and promise, sorely needed by Howard. tian gentleman. He is one of the true ernment and see U.S. policy in action. The rest of history. Today Samford greats of Alabama athletic history, an The nearly 500 alumni of the program University is the largest privately en- honor man in scholarship and a record have gone on to become leaders in all dowed Baptist school in the world; breaking athlete—that is a real man— fields of endeavor, fulfilling the Fel- largest Baptist pharmacy school in the our Knight of the Cinderpath.’’

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00140 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 20, 1999 CONGRESSIONAL RECORD — SENATE S5773 [The Corolla, 1923.] word, thought and deed—an icon of vir- ernment on immigration, race, and At his interment ceremonies Dr. tue—a legendary role model for genera- science and technology issues, where Irons received full military honors. A tions of Samford students spanning she coordinates working group meet- 21 gun salute was fired and taps bugled over half a century. ings, tracks and manages issues, and in honor of his valiant service in World Mr. President, America salutes Dr. meets with advocacy groups. For more War II, rising to the rank of Colonel, George Vernon Irons, Sr., as record than thirty years, White House Fellows with 33 years active and reserve duty. breaking champion athlete for his have carried out the program’s mission It’s no surprise his life had such bril- alma mater, the University of Ala- to encourage active citizenship and liant radiance. No surprise his devoted bama, as Colonel, World War II, who service to the nation. Ms. Shin is an in- valiant service was so broad in scope. defended his Nation for a third of the dividual who exemplifies this notion. Devoted service to: 20th century in war and peace, as Dis- Her efforts to serve those around her Family. His wife, Velma Wright tinguished Professor, 43 years, Distin- are an inspiration to us all. Irons, a distinguished educator in her guished Professor Emeritus, 22 years, Mr. President, it is with great honor own right—sons, Dr. George Vernon as Grand Marshall, Samford Univer- that I pay tribute to Clara Shin for her Irons, Jr., Charlotte, North Carolina, a sity, elected by the Faculty to preside accomplishment and dedication to pub- practicing cardiologist and William over all commencement and academic lic service. Her enthusiasm for social Lee Irons, a prominent Birmingham at- exercises, as one of its most admired and environmental causes is both up- torney. Both have left notable marks leaders in its proud history. America lifting and encouraging. I ask my col- on their professions of medicine and salutes Dr. Irons for his character, de- leagues to join me in wishing Clara law. Parenthetically, Dr. George V. votion to cause, exemplary standards Shin many more years of success.∑ Irons, Sr., and his son, William L. of honor, duty and integrity. America f Irons, are the only father-son listing proudly salutes Dr. George Vernon A TIME TO RESPOND: AMERICAN selected to the 1998 Who’s Who in Irons, Sr., one of Alabama’s greatest LAMB INDUSTRY THREATENED America from the entire State of Ala- native sons, whose life of devoted serv- BY IMPORT SURGES bama—yet another record for this re- ice is an inspiration to all Americans.∑ ∑ Mr. BAUCUS. Mr. President, I rise markable man. f Alma Mater. The University of Ala- today to speak to the surging wave of bama—where he established his name TRIBUTE TO CLARA SHIN cheap, imported lamb meat that in crimson flame as ‘‘one of the true ∑ Mrs. FEINSTEIN. Mr. President, I threatens to drown the United States greats in Alabama’s famed athletic his- rise today to pay tribute to a true lamb industry, an industry that has tory.’’ A Phi Beta Kappa honors stu- champion of public service: Clara Shin been part of our nation’s economy dent, Irons was the University of Ala- of Orange, CA. Ms. Shin is a former since independence. This surge of imports, primarily from bama’s—the State of Alabama—nomi- AmeriCorps program officer and is cur- the nations of Australia and New Zea- nee for the Rhodes Scholarship to Eng- rently a distinguished White House land, can be seen in the numbers col- land in 1924. Since the University’s Fellow. One of the greatest gifts that Clara lected by our federal inspectors. founding in 1831, only seven athletes In 1993, just 56 million pounds of Shin has been endowed with is an ap- have been selected to become a mem- lamb meat entered this country and its preciation and a passion for public ber of Phi Beta Kappa. markets. College. Dr. Irons was a key player in service. Her background is filled with By 1997, that figure had risen to 84.4 seeing Howard College grow from a fi- notable accomplishments that have million pounds—a shocking increase of nancially distressed school, to the larg- provided her with a sense of commu- nearly 50 percent. est privately endowed Baptist univer- nity and an unfailing commitment to Those figures have been converted to sity in the world—an internationally helping others. carcass-weight equivalents, and are acclaimed university. Ms. Shin received her bachelor’s de- higher than those collected by the U.S. Dr. Irons was elected by the Samford grees in physiobiopolitics and govern- Commerce Department. But that de- University Faculty to serve as Grand ment from Smith College and a Juris partment’s information shows no indi- Marshall of all academic, graduation Doctor from Stanford Law School. As a cation that the surge is slowing. In and commencement exercises. Leading law student, she worked at the U.S. 1998, a record 70.2 million pounds—by the academic processionals for fifteen Agency for International Development, volume—of lamb meat entered the do- years, carrying the silver scepter, sym- serving as a legal intern to the Re- mestic market. bol of Samford University’s author- gional Legal Advisor for Southern Afri- Not only has the level of imports in- ity—Dr. Irons wore brilliant blue aca- ca. She later joined AmeriCorps as its creased, but the lamb meat flooding demic gowns and silks with dignity and youngest program officer and was re- the domestic market is directly com- distinction. In 1976, the Samford Uni- sponsible for developing the first na- petitive with products produced by this versity Faculty wrote in the Univer- tional grant applications for local pro- nation’s lamb industry. sity’s records by Resolution: grams seeking funding. She then man- In place of lamb carcasses, shipments ‘‘In the long history of Samford Uni- aged a $25 million grant portfolio for of fresh, chilled meat—cut and proc- versity, Dr. Irons must be ranked at the program and coordinated a service essed and ready for the grocery store the very top in terms of his widespread network spanning the Southwest. Ms. shelves—are displacing domestically beneficent influence, the love that Shin also co-designed the $100 million produced meat across the country. former students evidence from him, community service component of a At this point, importers control one- and his impeccable character and Housing and Urban Development ini- third of the United States lamb con- qualities of modesty, humility, kind- tiative to revitalize severely distressed sumption, a market share that makes ness and selfless service to the Univer- public housing developments. She it difficult, if not impossible, for our sity. founded KOSOMOSE Women’s Journal, producers to control their own des- [Samford University Resolution a magazine for Asian American women, tinies. (1976)] and helped start the Tahoe-Baikal In- The importers do not participate in Country. Dr. Irons distinguished him- stitute, a bi-national environmental in- voluntary price reporting. In fact, they self in World War II, rising to the rank stitute in California and Siberia that have actively fought a joint lamb pro- of Colonel, defending his Nation for a trains environmentalists in land and motion program through the U.S. De- third of the 20th Century in war and water issues. partment of Agriculture. peace. As one of 17 White House Fellows, Despite ample notice of the effect God. Dr. Irons gave tireless service to Ms. Shin has achieved the nation’s their skyrocketing levels of imports his Church as deacon, Sunday School most prestigious fellowship for leader- have had on the domestic industry, and teacher and Chairman of the Board of ship development and public service. despite ample notice that the industry Deacons, and was elected as lifetime Her assignment to the White House Of- intended to file a case against them, Deacon, Southside Baptist Church. His fice of the Chief of Staff allows her to the importers refused to pull back vol- life reflects his depth of devotion in work hand-in-hand with leaders in gov- untarily, or even discuss the situation.

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00141 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5774 CONGRESSIONAL RECORD — SENATE May 20, 1999 The lamb industry’s case now rests new territories west of the Mississippi. is also a member of the steel import with the President. I call on this Ad- The names given to the rivers, streams crisis response team, where he is re- ministration to follow through with and other landmarks have remained as sponsible for drafting reports for the the strong and effective relief this in- they were named hundreds of years Congressional Steel Caucus. Major dustry needs to regain its footing and ago. Some of these names include Tien is the special assistant to the confidence. With confidence will come Atchafalaya (long river), Bogue Chitto Deputy U.S. Trade Representative on investment, and with investment, will (big creek), Catahoula (beloved lake), all WTO matters. come a more competitive industry.∑ Manchac (rear entrance), and Major Tien was an assistant pro- f Pontchatoula (hanging hair or Spanish fessor in the Department of Social moss). It is also the Choctaw who Sciences at the U.S. Military Academy ROSE FISHER BLASINGAME, NA- taught the French and Spanish settlers at West Point. He received his bach- TIVE AMERICAN LOUISIANA ART- the use of file’ seasoning which is so elor’s degree in Civil Engineering from IST widely used even today in the gumbo West Point, where he was the top- ∑ Ms. LANDRIEU. Mr. President, I rise recipes of our unique Louisiana cui- ranked military cadet in his class. He today to recognize a special artist from sine. later attended Oxford University as a my state whose art was recently exhib- Clearly, Rose Fisher Blasingame Rhodes Scholar. As a veteran of Oper- ited in our nation’s capital. She is Rose knows that she holds the rare coin of ation Desert Storm, he was among the Fisher Blasingame, a member of the her culture which should be cherished first soldiers to cross the Saudi Arabia- Jena Band of Choctaw who are located and treasured. Imagine the remarkable Iraq border. He has commanded an in LaSalle Parish in Jena, Louisiana. effort she has undertaken along with M1A1 main battle tank company and a Rose Fisher Blasingame was born and her tribe to re-establish their language. headquarters company, and has served raised in Central Louisiana, and is In this ambitious effort, Rose has sent as the chief logistics officer for a thou- married to Micah Basingame and has her daughter Anna Barber to attend sand-soldier brigade. Additionally, four children. Her artwork is basketry, the Choctaw school in Mississippi in Major Tien has successfully balanced an art she is attempting to revive since that branch of their tribe. I understand several extracurricular activities with its loss from their community after the there are about 12 Choctaws speakers his military commitments. For exam- time of her great-great Aunt Mary left among the Jena Choctaw, and the ple, he has served as a volunteer tutor Lewis who practiced the craft until she tribe is planning a computer language for inner-city elementary and high died in the early 1930’s. From hearing program which will teach adults as school youth, as a co-organizer of the stories from her family and elders, and well as children, but aimed specifically New York, Orange County Special seeing some of her aunt’s work, she de- at the kids. As always, their hope for Olympics and as a youth league soccer cided to try to learn this art-craft and the future will be carried by their chil- and baseball coach. bring back this lost tradition. She dren. Mr. President, the importance of the should be very proud that she has ac- Mr. President, I thank you for this public service should be recognized, complished this goal. She also makes moment to recognize the work of this and Major Tien stands as an especially blow guns, arrow quivers, and tans deer remarkable artist and woman, and the admirable role model in this regard. hides. She shares the task of making Choctaw tribe and culture of Lou- For his efforts, and in recognition of china berry necklaces with her elders isiana.∑ the well-deserved honor of serving as a who she also joins in the tradition of f White House Fellow, I am privileged to passing down stories about creation, commend and pay tribute to Major medicinal plants and home remedies. TRIBUTE TO JOHN TIEN John Tien.∑ ∑ Her new goal, which she shares with Mrs. FEINSTEIN. Mr. President, I f her elders, is to attempt to bring back rise to salute the work and dedication the Choctaw language. of Major John Tien, a distinguished PRIVILEGE OF THE FLOOR Her baskets have been based on au- White House Fellow from Long Beach, Mr. HATCH. Mr. President, I ask thentic Choctaw artifacts in the CA. unanimous consent that a fellow in my Smithsonian. They are splendid works Major Tien was chosen as one of the office, Bruce Artim, be granted the of art which have many complex selected few to participate in the dis- privilege of the floor for this session of weaves of light and dark involving a tinguished 1998–99 White House Fellow- Congress. number of incredible shapes and tex- ship Program. Since 1965, the program The PRESIDING OFFICER. Without tures. One of her pieces which I saw has offered outstanding individuals, objection, it is so ordered. was composed of an inside weave which like Major Tien, the opportunity to f was the mirror image of the exterior apply their considerable talents to pub- EXECUTIVE SESSION weave done in reversal contrast of light lic service. Past U.S. Army White and dark. House Fellow alumni, including former She is a beneficiary of a grant from Chairman of the Joint Chiefs of Staff EXECUTIVE CALENDAR the Louisiana Arts Endowment Pro- General Colin L. Powell, have emerged Mr. HATCH. Mr. President, I ask gram. By recognizing her artwork, I as great military leaders, and I have no unanimous consent that the Senate im- also wish to honor all Choctaw tribes doubt that Major Tien will be success- mediately proceed to executive session and culture. The Choctaw call them- ful in his future endeavors. to consider the following nomination selves pasfalaya, which means ‘‘long As a White House Fellow, Major Tien on the Executive Calendar: No. 64. hair.’’ They are of the Muskhogean lan- has been assigned to the Office of the I further ask unanimous consent that guage group. The Choctaw were natives U.S. Trade Representative. He con- the nomination be confirmed; that the of Mississippi and Alabama, making ducts research on consumer, labor, and motion to reconsider be laid upon the them one of Louisiana’s immigrant environmental groups in an effort to table; that any statements relating to tribes. After Spain took control of Lou- educate the American public about the the nomination appear at the appro- isiana in 1763, the Spanish government, benefits of international trade. Other priate place in the RECORD; that the seeking a buffer between themselves responsibilities include coordinating President be immediately notified of and the English, invited the tribes partnerships with important business the Senate’s action; and that the Sen- from east of the Mississippi River into groups, including the National Associa- ate then return to legislative session. Louisiana. Small groups of Choctaw, tion of Manufacturers, the Business The PRESIDING OFFICER. Without including the Jena band, took them up Round Table, and the President’s Ex- objection, it is so ordered. on this offer, and there were several port Council, to develop trade edu- The nomination considered and con- Choctaw settlements throughout north cation ideas and advance a free trade firmed is as follows: and central Louisiana. agenda. He is a member of the lead OCCUPATIONAL SAFETY AND HEALTH REVIEW Louisiana boasts of many Choctaw team for planning the Third Ministe- COMMISSION place names. Early explorers used rial Conference of the World Trade Or- Gary L. Visscher, of Maryland, to be a Choctaw guides to lead them to the ganization in Seattle, Washington. He Member of the Occupational Safety and

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00142 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 20, 1999 CONGRESSIONAL RECORD — SENATE S5775

Health Review Commission for a term expir- ‘‘(2) SUBSEQUENT LISTS.—After the list is tern or practice of secondarily transmitting ing April 27, 2001. submitted under paragraph (1), the satellite to the public a primary transmission made f carrier shall, on the 15th of each month, sub- by a television broadcast station and em- mit to the station a list identifying (by name bodying a performance or display of a work LEGISLATIVE SESSION and street address, including county and zip to subscribers who do not reside in that sta- The PRESIDING OFFICER. Under code) any subscribers who have been added tion’s local market, and are not subject to the previous order, the Senate will now or dropped as subscribers since the last sub- statutory licensing under section 119, then in mission under this subsection. addition to the remedies under paragraph return to legislative session. ‘‘(3) USE OF SUBSCRIBER INFORMATION.—Sub- (1)— f scriber information submitted by a satellite ‘‘(A) if the pattern or practice has been carrier under this subsection may be used SATELLITE HOME VIEWERS carried out on a substantially nationwide only for the purposes of monitoring compli- basis, the court shall order a permanent in- IMPROVEMENT ACT ance by the satellite carrier with this sec- junction barring the secondary transmission Mr. HATCH. Mr. President, I ask tion. by the satellite carrier of the primary trans- unanimous consent that the Senate ‘‘(4) REQUIREMENTS OF STATIONS.—The sub- missions of that television broadcast station now proceed to the consideration of mission requirements of this subsection shall (and if such television broadcast station is a apply to a satellite carrier only if the station network station, all other television broad- Calendar No. 24, S. 247. to whom the submissions are to be made The PRESIDING OFFICER. The cast stations affiliated with such network), places on file with the Register of Copyrights and the court may order statutory damages clerk will report. a document identifying the name and ad- not exceeding $250,000 for each 6-month pe- The legislative clerk read as follows: dress of the person to whom such submis- riod during which the pattern or practice A bill (S. 247) to amend title 17, United sions are to be made. The Register shall was carried out; and States Code, to reform the copyright law maintain for public inspection a file of all ‘‘(B) if the pattern or practice has been with respect to satellite retransmissions of such documents. carried out on a local or regional basis with broadcast signals, and for other purposes. ‘‘(c) NO ROYALTY FEE REQUIRED.—A sat- respect to more than one television broad- ellite carrier whose secondary transmissions cast station (and if such television broadcast There being no objection, the Senate are subject to statutory licensing under sub- station is a network station, all other tele- proceeded to consider the bill which section (a) shall have no royalty obligation vision broadcast stations affiliated with such for such secondary transmissions. had been reported from the Committee network), the court shall order a permanent ‘‘(d) NONCOMPLIANCE WITH REPORTING RE- on the Judiciary with amendments, as injunction barring the secondary trans- follows: QUIREMENTS.—Notwithstanding subsection (a), the willful or repeated secondary trans- mission in that locality or region by the sat- (The parts of the bill intended to be mission to the public by a satellite carrier ellite carrier of the primary transmissions of stricken are shown in boldface brack- into the local market of a television broad- any television broadcast station, and the ets, and the parts of the bill intended cast station of a primary transmission made court may order statutory damages not ex- to be inserted are shown in italic.) by that television broadcast station and em- ceeding $250,000 for each 6-month period dur- ing which the pattern or practice was carried S. 247 bodying a performance or display of a work is actionable as an act of infringement under out. Be it enacted by the Senate and House of section 501, and is fully subject to the rem- ‘‘(g) BURDEN OF PROOF.—In any action Representatives of the United States of America edies provided under sections 502 through 506 brought under subsection (d), (e), or (f), the in Congress assembled, and 509, if the satellite carrier has not com- satellite carrier shall have the burden of SECTION 1. SHORT TITLE. plied with the reporting requirements of sub- proving that its secondary transmission of a This Act may be cited as the ‘‘Satellite section (b). primary transmission by a television broad- Home Viewers Improvements Act’’. ‘‘(e) WILLFUL ALTERATIONS.—Notwith- cast station is made only to subscribers lo- SEC. 2. LIMITATIONS ON EXCLUSIVE RIGHTS; standing subsection (a), the secondary trans- cated within that station’s local market. SECONDARY TRANSMISSIONS BY mission to the public by a satellite carrier ‘‘(h) GEOGRAPHIC LIMITATIONS ON SEC- SATELLITE CARRIERS WITHIN into the local market of a television broad- ONDARY TRANSMISSIONS.—The statutory li- LOCAL MARKETS. cast station of a primary transmission made cense created by this section shall apply to (a) IN GENERAL.—Chapter 1 of title 17, by that television broadcast station and em- secondary transmissions to locations in the United States Code, is amended by adding bodying a performance or display of a work United States, and any commonwealth, ter- after section 121 the following new section: is actionable as an act of infringement under ritory, or possession of the United States. ‘‘(i) EXCLUSIVITY WITH RESPECT TO SEC- ‘‘§ 122. Limitations on exclusive rights; sec- section 501, and is fully subject to the rem- ONDARY TRANSMISSIONS OF BROADCAST STA- ondary transmissions by satellite carriers edies provided by sections 502 through 506 TIONS BY SATELLITE TO MEMBERS OF THE PUB- within local markets and sections 509 and 510, if the content of the particular program in which the performance LIC.—No provision of section 111 or any other ‘‘(a) SECONDARY TRANSMISSIONS OF TELE- or display is embodied, or any commercial law (other than this section and section 119) VISION BROADCAST STATIONS BY SATELLITE advertising or station announcement trans- shall be construed to contain any authoriza- CARRIERS.—A secondary transmission of a mitted by the primary transmitter during, tion, exemption, or license through which primary transmission of a television broad- or immediately before or after, the trans- secondary transmissions by satellite carriers cast station into the station’s local market mission of such program, is in any way will- of programming contained in a primary shall be subject to statutory licensing under fully altered by the satellite carrier through transmission made by a television broadcast this section if— changes, deletions, or additions, or is com- station may be made without obtaining the ‘‘(1) the secondary transmission is made by bined with programming from any other consent of the copyright owner. a satellite carrier to the public; broadcast signal. ‘‘(j) DEFINITIONS.—In this section— ‘‘(2) the secondary transmission is permis- ‘‘(f) VIOLATION OF TERRITORIAL RESTRIC- ‘‘(1) The term ‘distributor’ means an entity sible under the rules, regulations, or author- TIONS ON STATUTORY LICENSE FOR TELEVISION which contracts to distribute secondary izations of the Federal Communications BROADCAST STATIONS.— transmissions from a satellite carrier and, Commission; and ‘‘(1) INDIVIDUAL VIOLATIONS.—The willful or either as a single channel or in a package ‘‘(3) the satellite carrier makes a direct or repeated secondary transmission to the pub- with other programming, provides the sec- indirect charge for the secondary trans- lic by a satellite carrier of a primary trans- ondary transmission either directly to indi- mission to— mission made by a television broadcast sta- vidual subscribers or indirectly through ‘‘(A) each subscriber receiving the sec- tion and embodying a performance or display other program distribution entities. ondary transmission; or of a work to a subscriber who does not reside ‘‘(2) The term ‘local market’ for a tele- ‘‘(B) a distributor that has contracted with in that station’s local market, and is not vision broadcast station has the meaning the satellite carrier for direct or indirect de- subject to statutory licensing under section given that term under rules, regulations, and livery of the secondary transmission to the 119, is actionable as an act of infringement authorizations of the Federal Communica- public. under section 501 and is fully subject to the tions Commission relating to carriage of tel- ‘‘(b) REPORTING REQUIREMENTS.— remedies provided by sections 502 through evision broadcast signals by satellite car- ‘‘(1) INITIAL LISTS.—A satellite carrier that 506 and 509, except that— riers. makes secondary transmissions of a primary ‘‘(A) no damages shall be awarded for such ‘‘(3) The terms ‘network station’, ‘satellite transmission made by a network station act of infringement if the satellite carrier carrier’ and ‘secondary transmission’ have under subsection (a) shall, within 90 days took corrective action by promptly with- the meaning given such terms under section after commencing such secondary trans- drawing service from the ineligible sub- 119(d). missions, submit to that station a list iden- scriber; and ‘‘(4) The term ‘subscriber’ means an entity tifying (by name and street address, includ- ‘‘(B) any statutory damages shall not ex- that receives a secondary transmission serv- ing county and zip code) all subscribers to ceed $5 for such subscriber for each month ice by means of a secondary transmission which the satellite carrier currently makes during which the violation occurred. from a satellite and pays a fee for the serv- secondary transmissions of that primary ‘‘(2) PATTERN OF VIOLATIONS.—If a satellite ice, directly or indirectly, to the satellite transmission. carrier engages in a willful or repeated pat- carrier or to a distributor.

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00143 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5776 CONGRESSIONAL RECORD — SENATE May 20, 1999 ‘‘(5) The term ‘television broadcast station’ (1) by striking the paragraph heading and The options consumers have for view- means an over-the-air, commercial or non- inserting ‘‘(1) SUPERSTATIONS AND PBS SAT- ing television entertainment have commercial television broadcast station li- ELLITE FEED.—’’; vastly increased since that fateful day censed by the Federal Communications Com- (2) by inserting ‘‘or by the Public Broad- in September 1927 when television in- mission under subpart E of part 73 of title 47, casting Service satellite feed’’ after ‘‘super- Code of Federal Regulations.’’. station’’; and ventor and Utah native Philo T. (b) TECHNICAL AND CONFORMING AMEND- (3) by adding at the end the following: ‘‘In Farnsworth, together with his wife and MENTS.—The table of sections for chapter 1 of the case of the Public Broadcasting Service colleagues, viewed the first television title 17, United States Code, is amended by satellite feed, subsequent to January 1, 2001, transmission in the Farnsworth’s home adding after the item relating to section 121 or the date on which local retransmissions of workshop: a single black line rotated the following: broadcast signals are offered to the public, from vertical to horizontal. Both the ‘‘122. Limitations on exclusive rights; sec- whichever is earlier, the statutory license forms of entertainment and the tech- ondary transmissions by sat- created by this section shall be conditioned nologies for delivering that entertain- on the Public Broadcasting Service certi- ellite carriers within local mar- ment have proliferated over the 70 ket.’’. fying to the Copyright Office on an annual basis that its membership supports the sec- years since that day. In the 1940s and SEC. 3. EXTENSION OF EFFECT OF AMENDMENTS 50s, televisions began arriving in an in- TO SECTION 119 OF TITLE 17, ondary transmission of the Public Broad- UNITED STATES CODE. casting Service satellite feed, and providing creasing number of homes to pick up Section 4(a) of the Satellite Home Viewer notice to the satellite carrier of such certifi- entertainment being broadcast into a Act of 1994 (17 U.S.C. 119 note; Public Law cation.’’. growing number of cities and towns. 103–369; 108 Stat. 3481) is amended by striking (b) DEFINITION.—Section 119(d) of title 17, In the late 1960s and early 1970s, cable ‘‘December 31, 1999’’ and inserting ‘‘Decem- United States Code, is amended by adding at television began offering communities the end the following: ber 31, 2004’’. more television choices by initially ‘‘(12) PUBLIC BROADCASTING SERVICE SAT- SEC. 4. COMPUTATION OF ROYALTY FEES FOR ELLITE FEED.—The term ‘Public Broadcasting providing community antenna systems SATELLITE CARRIERS. Service satellite feed’ means the national for receiving broadcast television sig- Section 119(c) of title 17, United States satellite feed distributed by the Public nals, and later by offering new created- Code, is amended by adding at the end the Broadcasting Service consisting of edu- for-cable entertainment. The develop- following new paragraph: cational and informational programming in- ment of cable television made dramatic ‘‘(4) REDUCTION.— tended for private home viewing, to which ø‘‘(A) SUPERSTATION.—The rate of the roy- strides with the enactment of the cable the Public Broadcasting Service holds na- compulsory license in 1976, providing alty fee payable in each case under sub- tional terrestrial broadcast rights.’’. section (b)(1)(B)(i) as adjusted by a royalty an efficient way of clearing copyright fee established under paragraph (2) or (3) of SEC. 7. APPLICATION OF FEDERAL COMMUNICA- TIONS COMMISSION REGULATIONS. rights for the retransmission of broad- this subsection shall be reduced by 30 per- Section 119(a) of title 17, United States cast signals over cable systems. cent. Code, is amended— In the 1980s, television viewers began ø‘‘(B) NETWORK.—The rate of the royalty (1) in paragraph (1), by inserting ‘‘is per- to be able to receive television enter- fee payable under subsection (b)(1)(B)(ii) as missible under the rules, regulations, and au- tainment with their own home satellite adjusted by a royalty fee established under thorizations of the Federal Communications paragraph (2) or (3) of this subsection shall equipment, and the enactment of the Commission,’’ after ‘‘satellite carrier to the be reduced by 45 percent.¿ Satellite Home Viewer Act in 1988 public for private home viewing,’’; and helped develop a system of providing ‘‘(A) SUPERSTATION.—The rate of the royalty (2) in paragraph (2), by inserting ‘‘is per- fee in effect on January 1, 1998 payble in each missible under the rules, regulations, and au- options for television service to Ameri- case under subsection (b)(1)(B)(i) shall be re- thorizations of the Federal Communications cans who lived in areas too remote to duced by 30 percent. Commission,’’ after ‘‘satellite carrier to the receive television signals over the air ‘‘(B) NETWORK.—The rate of the royalty fee in public for private home viewing,’’. or via cable. effect on January 1, 1998 payable under SEC. 8. EFFECTIVE DATE. Much has changed since the original susection (b)(1)(B)(ii) shall be reduced by 45 per- Satellite Home Viewer Act was adopted cent. This Act and the amendments made by this Act shall take effect on January 1, 1999, ‘‘(5) PUBLIC BROADCASTING SERVICE AS in 1988. The Satellite Home Viewer Act except the amendments made by section 4 AGENT.—For purposes of section 802, with re- was originally intended to ensure that spect to royalty fees paid by satellite car- shall take effect on July 1, 1999. households that could not get tele- riers for retransmitting the Public Broad- Mr. HATCH. Mr. President, I ask vision in any other way, traditionally casting Service satellite feed, the Public unanimous consent that the committee provided through broadcast or cable, Broadcasting Service shall be the agent for amendments be agreed to. would be able to get television signals all public television copyright claimants and The PRESIDING OFFICER. Without via satellite. The market and the sat- all Public Broadcasting Service member sta- objection, it is so ordered. ellite industry has changed substan- tions.’’. The committee amendments were ø tially since 1988. Many of the difficul- SEC. 5. DEFINITIONS. agreed to. ø ties and controversies associated with Section 119(d) of title 17, United States Mr. HATCH. Mr. President, today the Code, is amended— the satellite license have been at least ø(1) by striking paragraph (10) and insert- Senate considers legislation that will partly a product of the satellite busi- ing the following:¿ help provide for greater consumer ness attempting to move from a pre- SEC. 5. DEFINITIONS. choice and competition in television dominately need-based rural niche Section 119(d) of title 17, United States Code, services, S. 247, ‘‘The Satellite Home service to a full service video delivery is amended by striking paragraph (10) and in- Viewers Improvements Act of 1999.’’ competitor in all markets, urban and serting the following: The bill before us is a model of biparti- rural. ‘‘(10) UNSERVED HOUSEHOLD.—The term sanship and cross-Committee coopera- Now, many market advocates both in ‘unserved household’, with respect to a par- tion. The cosponsors of this bill in- and out of Congress are looking to sat- ticular television network, means a house- clude, first and foremost, the distin- ellite carriers to compete directly with hold that cannot receive, through the use of guished Ranking Member of the Judici- cable companies for viewership, be- a conventional outdoor rooftop receiving an- ary Committee, Senator Leahy, with tenna, an over-the-air signal of grade B in- cause we believe that an increasingly tensity (as defined by the Federal Commu- whom I have worked closely on this competitive market is better for con- nications Commission) of a primary network legislation; the majority leader, Sen- sumers both in terms of cost and the station affiliated with that network.’’.ø; and ator LOTT, and the minority leader, diversity of programming available. ø(2) by adding at the end the following: Senator DASCHLE; the chairman and The bill we consider today will move us ø‘‘(12) LOCAL NETWORK STATION.—The term ranking member of the Judiciary Com- toward that kind of robust competi- ‘local network station’ means a network sta- mittee’s Antitrust Subcommittee, Sen- tion. tion that is secondarily transmitted to sub- ators DEWINE and KOHL; and the distin- In short, this bill is focused on scribers who reside within the local market guished chairman of the Senate Com- changes that we can make this year to in which the network station is located.’’.¿ merce Committee, Senator MCCAIN. We move the satellite television industry SEC. 6. PUBLIC BROADCASTING SERVICE SAT- ELLITE FEED. have all worked together with many to the next level, making it a full com- (a) SECONDARY TRANSMISSIONS.—Section others of our colleagues to bring this petitor in the multi-channel video de- 119(a)(1) of title 17, United States Code, is important legislation along on behalf livery market. It has been said time amended— of our constituents. and again that a major, and perhaps

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00144 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 20, 1999 CONGRESSIONAL RECORD — SENATE S5777 the biggest, impediment to satellite’s diciary Committee this year again with with each of them every step of the ability to be a strong competitor to unanimous support. I am pleased with way. Finally, I thank the Register of cable is its current inability to provide the degree of cooperation and con- Copyrights, Ms. Marybeth Peters, and local broadcast signals to its sub- sensus we have been able to forge with Bill Roberts of her staff in particular, scribers. (See, e.g., Business Week (22 respect to this legislation, and I am for their assistance and expertise Dec. 1997) p. 84.) In fact, marketing re- pleased that we have been able to bring throughout this process. The Senate search by one firm found that 86 per- this bill before the Senate for swift process has been a more informed one, cent of those consumers who consider consideration and approval. and the product of our efforts more subscribing to satellite but ultimately Let me explain how we will proceed. sound as a result of their advice and do not do so, decide against satellite As I have indicated earlier, the bill we recommendations. service because the local television sig- have before us is the copyright portion In closing, I look forward to our con- nals are not available. (U.S. Satellite of a comprehensive reform package sideration of this important legislation Broadcasting, ‘‘Research Summary for crafted in conjunction with our col- today, and to continued collaboration Thomson Electronics,’’ Aug. 1997, p. 6.) leagues on the Commerce Committee. with my colleagues to help hasten This problem has been partly techno- As the Judiciary Committee has moved more vigorous competition in the tele- logical and partly legal. forward with consideration of the copy- vision delivery market and the ever- As we speak, the technological hur- right legislation embodied in S. 247, the widening consumer choice that will fol- dles to satellite retransmission of local Commerce Committee proceeded simul- low it. broadcast signals are being lowered taneously to consider separate legisla- Mr. LEAHY. Mr. President, I am very substantially. Emerging technology is tion introduced by Chairman MCCAIN, pleased that the Senate is able to pass not enabling the satellite industry to S. 303, to address related communica- the Hatch-Leahy Satellite Home View- begin to offer television viewers their tions amendments, including impor- ers Improvements Act. This bill will own local programming of news, weath- tant ares such as the must-carry and provide viewers with more choices and er, sports, and entertainment, with dig- retransmission consent requirements will greatly increase competition re- ital quality picture and sound. This for satellite carriers upon which the garding network and other video pro- will mean that viewers in the remoter copyright licenses will be conditioned, gramming. For some time, I have been concerned areas of my large home state of Utah and the FCC’s distant television signal about the lack of competition with will be able to watch television pro- eligibility process. It is our joint inten- cable TV and escalating cable rates. gramming originating in Salt Lake tion to combine our respective work This bill will allow satellite TV pro- City, rather than New York or Cali- product as two titles of the same bill in viders to compete directly with cable fornia. In fact, one satellite carrier is a way that will clearly delineate the and will give consumers a choice. It already providing such a service in work product of each committee, but also avoids needless cutoffs of satellite Utah. combine them in the seamless whole TV service and protects local TV affili- Today, with this bill, we hope to re- necessary to make the licenses work for consumers and the affected indus- ates. move the legal impediments to use of The Judiciary Committee had a full tries. To do that, Chairman MCCAIN this emerging technology to make committee hearing on these satellite will today offer the text of his commit- local retransmission of broadcast sig- issues on November 12, 1997, and Chair- nals a reality for all subscribers. The tee’s companion legislation as an man HATCH and I agreed to work to- amendment to the Judiciary Commit- most important result will be that the gether on this bill. On March 5, 1998, tee’s underlying copyright bill. Upon constituents of all my colleagues will the Hatch-Leahy bill, S. 1720, was in- adoption of this amendment, we will finally have a choice for full service troduced and was reported out of the offer a manager’s package of technical multi-channel video programming: Judiciary Committee unanimously on and conforming amendments to more They will be able to choose cable or October 1, 1998. It permits local TV sig- fully meld the bills into a comprehen- one of a number of satellite carriers. nals, as opposed to distant out-of-State sive, pro-consumer package that we This should foster an environment of networks signals, to be offered to view- proliferating choice and lowered prices, can offer to the House for their consid- ers via satellite; increase competition all to the benefit of consumers, our eration in a conference. between cable and satellite TV pro- I am glad we are taking up this legis- constituents. viders; and provide more PBS program- lation today. We need to act quickly on To that end, the ‘‘Satellite Home ming by also offering a national feed as this legislation. The Satellite Home Viewer Improvements Act’’ makes the well as local programming; and reduce Viewer Act sunsets at the end of this following changes in the copyright law rates charged to consumers. governing satellite television trans- year, placing at risk the service of We have been racing against the missions: many of the 11 million satellite sub- clock because court orders have re- It creates a new copyright license scribers nationwide. Many of our con- quired the cutoffs of distant CBS and which allows satellite carriers to re- stituents are confused about the status Fox television signals to over a million transmit a local television station to of satellite service in February and households in the U.S. households and businesses throughout April to as many as 2.5 million sub- Under a preliminary injunction, sat- that station’s local market, just as scribers nationally who have been ad- ellite service to thousands of house- cable does, and sets a zero copyright judged ineligible for distant signal holds in Vermont and other states was rate for providing this service. service under current law. The grant- to be terminated on October 8, 1998, for It extends the satellite compulsory ing of the local license, together with CBS and Fox distant network signals licenses for both local and distant sig- some resolution of the eligibility rules for households signed up after March nals, which are now set to expire at the for distant signals and a more con- 11, 1997, the date the action was filed. end of the year, until 2004. sumer-friendly process, can help bring This bill will allow satellite TV to It cuts the copyright rates paid for clarity to these consumers, and greater operate just like cable TV with local distant signals by 30 or 45 percent, de- competition in price and service for all channels, movies, local weather, pending on the type of signal. subscription television viewers. sports, CNN, news, superstations, and It allows consumers to switch from I again thank the majority leader for the like. It allows for local TV stations cable to satellite service for network his interest in and leadership with re- to be received over satellite, perma- signals without waiting 90-day period spect to these issues, and the chairman nently, and could reduce satellite now required in the law. of the Commerce Committee for his rates. It allows for a national Public Broad- collegiality and cooperation in this It ends the cable subscriber 90-day casting Service satellite feed. process. I also thank my colleagues on waiting period for those wanting to Many of my colleagues in this Cham- the Judiciary Committee who have switch from cable to satellite—which ber will recognize this legislation as worked on this legislation. This bill is has been a needless barrier to competi- substantively identical to a bill re- a product of a bipartisan effort with tion. ported unanimously by the Judiciary Senators LEAHY, DEWINE, and KOHL, The bill extends distant network Committee last year. It passed the Ju- and I have been pleased to work closely service to allow for a phase-in to local-

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00145 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5778 CONGRESSIONAL RECORD — SENATE May 20, 1999 into-local TV service and creates a na- The PRESIDING OFFICER. Without On page 13, line 25, strike ‘‘and’’. tional PBS feed, and also will offer the objection, it is so ordered. On page 14, line 5, strike the period and in- local PBS. (The text of the amendment is print- sert a semicolon and ‘‘and’’. On page 14, insert between lines 5 and 6 the It also restores all lost distant sta- ed in today’s RECORD under ‘‘Amend- tions, if the satellite provider is willing following: ments Submitted.) (3) by adding at the end the following: to restore service, and delays cutoffs of AMENDMENT NO. 373 TO AMENDMENT NO. 372 ‘‘(11) STATUTORY LICENSE CONTINGENT ON all other distant signals until Decem- (Purpose: To strike certain provisions COMPLIANCE WITH FCC RULES AND REMEDIAL ber 31 of this year and only for a much amending title 17, United States Code) STEPS.—The willful or repeated secondary smaller number of dish owners. Mr. HATCH. Mr. President, I have an transmission to the public by a satellite car- Ultimately, in 2002, the bill will im- amendment at the desk to the MCCAIN rier of a primary transmission made by a pose ‘‘must carry’’ rules on satellite amendment, and I ask for its consider- broadcast station licensed by the Federal Communications Commission is actionable providers just like the ‘‘must carry’’ ation. rules for cable TV which permits a as an act of infringement under section 501, The PRESIDING OFFICER. The and is fully subject to the remedies provided phase-in of local-to-local service. clerk will report. by sections 502 through 506 and 509, if, at the The chairman of the Antitrust Sub- The legislative clerk read as follows: time of such transmission, the satellite car- E INE committee, Senator D W , and the The Senator from Utah [Mr. HATCH], for rier is not in compliance with the rules, reg- ranking member, Senator KOHL, also himself and Mr. LEAHY, proposes an amend- ulations, and authorizations of the Federal worked hard on this issue. ment numbered 373 to amendment No. 372. Communications Commission concerning the It is absurd that home dish owners— The amendment follows: carriage of television broadcast station sig- whether they live in Vermont, Utah or nals.’’. On page 17, strike line 4 through page 18, SEC. 8. TELEVISION BROADCAST STATION STAND- California—have to watch network sta- line 4 and insert the following: tions imported from distant states. ING. SEC. 208. DEFINITIONS. Section 501 of title 17, United States Code, This committee has worked together Mr. HATCH. Mr. President, I ask to protect the local broadcast system is amended by adding at the end the fol- unanimous consent that the amend- lowing: and to provide the satellite industry ment be agreed to. ‘‘(f) With respect to any secondary trans- with a way to compete with cable. The PRESIDING OFFICER. Without mission that is made by a satellite carrier of Cable TV now offers a full range of objection, it is so ordered. a primary transmission embodying the per- local programming as well as program- The amendment (No. 373) was agreed formance or display of a work and is action- ming regarding sports, politics, na- to. able as an act of infringement under section tional weather, education, and a range Mr. HATCH. Mr. President, I ask 122, a television broadcast station holding a copyright or other license to transmit or of movies. unanimous consent that amendment Yet, cable rates keep increasing—I perform the same version of that work shall, No. 372, as amended, be agreed to. for purposes of subsection (b) of this section, want satellite TV to directly compete The PRESIDING OFFICER. Without with cable TV. The only way they can be treated as a legal or beneficial owner if objection, it is so ordered. such secondary transmission occurs within do that is to be able to offer local TV The amendment (No. 372), as amend- the local market of that station.’’. stations. ed, was agreed to. On page 14, line 6, strike ‘‘SEC. 8.’’ and in- We heard testimony in 1997 and 1998 sert ‘‘ ’’. AMENDMENT NOS. 374 AND 375 SEC. 9. that the major reason consumers do Mr. HATCH. Mr. President, there are AMENDMENT NO. 375 not sign up for satellite service is that (Purpose: To modify the definition of they cannot get local programming. I two technical amendments at the desk, submitted by myself and Senator unserved household, provide for a morato- want satellite carriers to be able to rium on copyright liability, and for other LEAHY, and I ask unanimous consent offer the full range of local program- purposes) ming. that they be agreed to. The PRESIDING OFFICER. Without On page 12, line 4, insert after ‘‘network’’ We should be encouraging this so- the following: ‘‘or is not otherwise eligible to called ‘‘local-into-local’’ service. Local objection, it is so ordered. receive directly from a satellite carrier a sig- broadcast stations contribute to our The amendments (Nos. 374 and 375) nal of that television network (other than a sense of community. were agreed to, as follows: signal provided under section 122) in accord- We should be encouraging competi- AMENDMENT NO. 374 ance with section 338 of the Communications tion through local-into-local service. (Purpose: To provide a manager’s amend- Act of 1934.’’. ment to make certain technical and con- On page 14, insert between lines 5 and 6 the Instead, the current policy fosters con- following: fusion-into-more-confusion service and forming amendments, and for other pur- SEC. 8. MORATORIUM ON COPYRIGHT LIABILITY. lots of litigation. poses) On page 3, line 9, strike ‘‘that station’’ and Until December 31, 1999, no subscriber, as By striking a burdensome and flawed defined under section 119(d)(8) of title 17, limitation on satellite providers, we insert ‘‘the network that owns or is affili- ated with the network station’’. United States Code, located within the pre- will be prescribing fairness for dish On page 3, lines 16 and 17, strike ‘‘the sta- dicted Grade B contour of a local network owners and injecting some much-need- tion’’ and insert ‘‘the network’’. television broadcast station shall have sat- ed competition into the television mar- On page 4, line 3, strike ‘‘the station’’ and ellite service of a distant network signal af- ket. insert ‘‘the network’’. filiated with the same network terminated, I look forward to working with my On page 12, beginning with line 19, strike if that subscriber received satellite service of colleagues at conference. all through line 5 on page 13 and insert the such network signal before July 11, 1998, as a following: result of section 119 of title 17, United States AMENDMENT NO. 372 (3) by adding at the end the following: ‘‘In Code. (Purpose: To amend the Communications the case of the Public Broadcasting Service On page 14, line 6, strike ‘‘SEC. 8.’’ and in- Act of 1934 to enhance the ability of direct satellite feed, the compulsory license shall sert ‘‘SEC. 9.’’. broadcast satellite and other multichannel be effective until January 1, 2002.’’. video providers to compete effectively with Mr. BRYAN. Mr. President, I want to On page 13, strike lines 6 through 8 and in- engage my good friend from Arizona, cable television systems, and for other pur- sert the following: poses) our chairman of the Commerce Com- (b) DEFINITIONS.—Section 119(d) of title 17, Mr. HATCH. Mr. President, Senator United States Code, is amended— mittee, in a colloquy concerning an MCCAIN has an amendment at the desk, (1) by amending paragraph (9) to read as issue I raised in committee on signal and I ask for its consideration. follows: reception standards. The PRESIDING OFFICER. The ‘‘(9) SUPERSTATION.—The term ‘supersta- Mr. MCCAIN. I will be happy to ac- clerk will report. tion’— commodate the Senator from Nevada. The legislative clerk read as follows: ‘‘(A) means a television broadcast station, Mr. BRYAN. Mr. President, con- other than a network station, licensed by The Senator from Utah [Mr. HATCH], for sumers who live in small and rural the Federal Communications Commission Mr. MCCAIN, proposes an amendment num- markets deserve access to network tel- that is secondarily transmitted by a satellite bered 372. carrier; and evision service via satellite and the Mr. HATCH. Mr. President, I ask ‘‘(B) includes the Public Broadcasting competition with cable it provides just unanimous consent that the reading of Service satellite feed.’’; and as much as their fellow citizens living the amendment be dispensed with. (2) by adding at the end the following: in urban markets. The local-into-local

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00146 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 20, 1999 CONGRESSIONAL RECORD — SENATE S5779 service that will be made possible by mination made in 1952. Consumer ex- nals into local markets, and eliminates the legislation we are considering pectations of what constitutes an ‘‘ac- the 90 day waiting period for existing today will provide this much-needed ceptable’’ picture have increased sub- cable subscribers who wish to switch to service to consumers, thereby enhanc- stantially in the past 50 years. What satellite service. These critical changes ing competition to cable in many constituted an acceptable picture to a in the law will substantially help sat- urban markets. Unfortunately, because focus group in 1951 watching black and ellite providers compete with their local-into-local will not be available in white television would almost cer- cable counterparts. small and rural markets in the imme- tainly not be a picture that modern I also support, for the most part, the diate future, consumers who live there consumers would want to watch on inclusion in S. 247 of the floor amend- must depend on satellite delivery of state-of-the-art color sets. ment offered by the Senator from Ari- network signals from distant markets. In addition, interference has in- zona, Mr. MCCAIN, Amendment No. 372. Recent court-imposed limitations on creased substantially since the early This amendment is identical to the the delivery of distant network signals, 1950’s. Background noise produced by text of the committee reported amend- however, will affect households that aircraft, automobile and truck traffic, ment to S. 303, the Satellite Television cannot receive viewable local network power lines, and the like, and elec- Act of 1999, which was reported favor- signals over-the-air. tronic interference produced by com- ably by the Senate Commerce, Science To correct this imbalance, we should puters, cell phones, and other elec- and Transportation Committee, Senate grant the Federal Communications tronic equipment interfere with signal Report No. 106–51. With one reserva- Commission the authority to set a propagation. Because of this increased tion, which I will explain shortly, I am modern television signal reception interference, consumers need higher pleased that the work product of the standard. If the new signal reception signal intensity in order to receive a Commerce Committee will be included standard is set at a level that will pro- viewable television picture. in the Satellite Home Viewers Im- vide consumers with a viewable pic- Mr. MCCAIN. I concur with your con- provement Act, S. 247, as passed by the ture, then the new standard will cerns over this situation. If we are Senate. produce a more realistic and accurate going to enforce the law and enforce a As reported by our committee, S. 303 separation between ‘‘served’’ and standard, we need to make sure that complements S. 247 by removing addi- ‘‘unserved’’ households for purposes of consumers can rely on the standard. tional statutory impediments that SHVA. In addition, such a standard Today, that is clearly not the case. In thwart the ability of direct-to-home would provide consumers who do not addition, since the purpose of the bill satellite service providers to compete qualify to receive distant network sig- before us today is to give satellite tele- with cable television. S. 303 authorizes nals with a reasonable expectation vision the tools it needs to become direct-to-home satellite service pro- that, if they go to the trouble and ex- more viable competitors to cable, we viders to offer their subscribers local pense of installing a ‘‘conventional’’ have to evaluate each of the ways in television station broadcasts, but re- rooftop antenna, they will be able to which cable and satellite are compared. quires those providers to comply with receive a television picture they can For example, the viewing standard that the must-carry and retransmission actually watch. you discussed is based on three consent rules that apply to cable tele- To make application of the new ‘‘grades’’ of television picture—‘‘fine,’’ vision operators. In addition, S. 303 re- standard more consumer friendly, I ‘‘good,’’ and ‘‘acceptable,’’ in descend- quires the Federal Communications also urge that we give the FCC the au- ing order of quality. Currently, cable Commission to use the Individual Lo- thority to establish the most accurate viewing standards are based on a cation Longely-Rice Methodology to point-to-point predictive model. Such a ‘‘good’’ picture. Satellite’s standard is better determine who should be receiv- model would enable a consumer to ‘‘acceptable,’’ which is a grade below ing distant network signals and who know whether or not he or she will be ‘‘good.’’ Why wouldn’t we want the re- should not. Finally, the legislation re- able to receive a signal of the strength ception standards between these two quires the FCC to implement a waiver established by the rulemaking quickly, competing industries to be equivalent? process to give consumers with unsat- accurately, and without expensive test- If we are to provide true competition isfactory local television reception a ing. between cable and satellite, an in- timely process in which to have their Mr. MCCAIN. I think my colleague crease of the standard and a cor- concerns addressed. for his work on this very sensitive but responding increase in signal intensity While I support moving S. 247, as important subject. The senator is abso- model is necessary. amended, out of the Senate, I must lutely correct. With the passage of this Mr. BRYAN. Even though the lan- note one concern with the legislation. I bill, the issue of setting an appropriate guage mandating a new signal standard oppose provisions in S. 303 that sanc- signal reception standard and pre- and predictive model was not adopted tion the illegal behavior of direct dictive model is more important than in committee, I think the chairman broadcast satellite service providers. ever. Consumers are frustrated today would agree that such language needs Those provisions permanently grand- by the current situation with distant to be incorporated into a final meas- fathered the transmission of distant network signals because they are being ure. Many of my colleagues have been network signals to subscribers residing told by local broadcasters they must stunned to learn of the crazy cir- outside of their local station’s Grade A receive their local signals over-the-air, cumstance that is facing many of our contour, but within the Grade B con- though in many cases traditional an- rural constituents as they attempt to tour, regardless of whether those sub- tennas do not provide an adequate pic- get a network signal that they can ac- scribers are actually able to receive ture. If the law tells consumers they tually watch. We shouldn’s be making the signals of their local stations. My must get a local signal but they aren’t it more difficult for them to get this opposition to this approach is ex- able to get a decent picture, what al- valuable service. plained in greater detail in the minor- ternative does a consumer have? Unfor- Mr. MCCAIN. I can assure my col- ity views filed with the Committee Re- tunately, we are dealing here with an league from Nevada, we will attempt to port. In brief, I will say that the provi- antiquated law that needs updating for address this in conference and rectify a sions I opposed put the legislation the twenty first century. very troubling inconsistency in the squarely in the position of sanctioning Mr. BRYAN. If this law isn’t revised law. illegal behavior. As a law and order we can expect more consumer confu- Mr. HOLLINGS. Mr. President, I rise man, that is not an approach I am will- sion and frustration. The ‘‘Grade B’’ to support S. 247, the Satellite Home ing to support. standard that is used as the signal re- Viewers Improvement Act. This legis- Otherwise, I am extremely pleased ception standard today measures the lation represents a first step towards that the Senate has been able to act so amount of signal intensity that a con- providing a viable competitor to cable quickly on this important issue. By sumer must receive at his or her roof- in the multichannel video program- passing legislation so early in the 106th top antenna to produce what is consid- ming marketplace. Significantly, S. 247 Congress, we have gone a long way to- ered an ‘‘acceptable’’ television pic- permits direct-to-home satellite pro- ward ensuring greater competition in ture. Unfortunately, this was a deter- viders to transmit local broadcast sig- the video programming marketplace.

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00147 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5780 CONGRESSIONAL RECORD — SENATE May 20, 1999 Mr. KOHL. Mr. President, I rise in bill appear at the appropriate place in Court of International Trade, a subpoena for support of this legislation because it the RECORD. I finally ask unanimous testimony and documents has been issued to will increase competition between sat- consent that S. 247 then be placed back Tim Osborn, a former employee of the Sen- ate Committee on Small Business, con- ellite and cable. Senators MCCAIN, on the Calendar. cerning the performance of is duties on be- HATCH, LEAHY, HOLLINGS, DEWINE and The PRESIDING OFFICER. Without half of the Committee; others deserve credit for moving this objection, it is so ordered. Whereas, pursuant to sections 703(a) and measure so quickly this term, espe- The bill (H.R. 1554), as amended, was 704(a)(2) of the Ethics in Government Act of cially when we came so close last year. read the third time and passed. 1978, 2 U.S.C.§§ 288b(a) and 288c(a)(2), the Sen- Mr. President, when the Judiciary f ate may direct its counsel to represent Mem- and Commerce bills are combined as bers or employees of the Senate with respect one, it creates a good, comprehensive AUTHORIZATION OF LEGAL to any subpoena, order, or request for testi- measure. Satellite companies will fi- REPRESENTATION mony or documents relating to their official nally be allowed to legally broadcast Mr. HATCH. I ask unanimous consent responsibilities; that the Senate proceed to the imme- Whereas, by the privileges of the Senate of local stations to local viewers—so- the United States and Rule XI of the Stand- called ‘‘local into local.’’ The strange diate consideration of S. Res. 104 sub- ing Rules of the Senate, no evidence under anomaly that restricted satellite from mitted earlier by Senators LOTT and the control or in the possession of the Senate providing local signals will be a thing DASCHLE. may, by the judicial process, be taken from of the past. And to be balanced, sat- The PRESIDING OFFICER. The such control or possession but by permission ellite companies will also be subject to clerk will report. of the Senate; ‘‘must-carry’’ obligations, just like The legislative clerk read as follows: Whereas, when it appears that evidence under the control or in the possession of the cable. This bill will also reduce the A resolution (S. Res. 104) to authorize tes- Senate may promote the administration of timony, production of documents, and legal royalty fees for those local signals to a justice, the Senate will take such action as representation in United States v. Nippon level closer to that paid by cable com- will promote the ends of justice consistently Miniature Bearing, Inc., et al. panies. All of this moves us towards with the privileges of the Senate: Now, parity between satellite and cable, and There being no objection, the Senate therefore, be it it is a huge step forward for consumers. proceeded to consider the resolution. Resolved, That Tim Osborn, and any other Let me tell you why. Mr. LOTT. Mr. President, this resolu- former Senate Member or employee from Increased competition will discipline tion concerns a subpoena for testimony whom testimony may be required, are au- the cable marketplace which, in turn, and document production in an action thorized to testify and produce documents in the case of United States v. Nippon Minia- will create lower prices, increased brought by the United States Customs Service in the Court of International ture Bearing, Inc., et al., except concerning choice, and wider availability of tele- matters for which a privilege should be as- vision programming for all Americans, Trade against Nippon Miniature Bear- serted. no matter how remote. And we do this ing, Inc., and its parent and subsidiary, Sec. 2. The Senate Legal Counsel is author- in the best way possible, by promoting alleging false representations to Cus- ized to represent Tim Osborn, and any other competition, not increasing regulation. toms about the composition of im- former Member or employee of the Senate Moreover, it won’t be at the expense of ported bearings. The defendants have from whom testimony may be required, in our local television stations, which subpoenaed Tim Osborn, a former em- connection with the case of United States v. Nippon Miniature Bearing, Inc., et al. provide a valuable community benefit ployee of the Senate Committee on in the form of local news, weather, Small Business, seeking to depose him f sports and various forms of public serv- regarding his communications with the ice. Customs Service and others about this EXECUTIVE SESSION One of the hardest questions to ad- investigation. Mr. Osborn’s activities dress, of course, is which viewers were on behalf of the Small Business should be entitled to receive ‘‘distant Committee, in preparing for and con- TREATY network’’ signals, especially in rural ducting a September 1988 oversight states like mine. Authorizing ‘‘local hearing of the Customs Service con- Mr. HATCH. I ask unanimous consent into local’’ is a crucial first step and, cerning its enforcement of laws affect- that the Senate proceed to executive eventually, when technology advances ing the bearing industry. The informa- session to consider the following treaty and more satellites are launched, we tion that the defendants seek therefore on today’s Executive Calendar: No. 2. I will see ‘‘local into local’’ almost ev- is privileged from compelled discovery further ask unanimous consent that erywhere. So, this bill goes a long way from the Congress under the Constitu- the treaty be considered as having to ensure that every viewer will receive tion’s Speech or Debate Clause. passed through its various parliamen- one signal of each of the major tele- This resolution would authorize the tary stages up to and including the vision networks—this is a marked im- Senate Legal Counsel to provide rep- presentation of the resolution of ratifi- provement over the current situation. resentation in order to move to quash cation; that all committee provisos, Mr. President, I urge my colleagues the subpoena and otherwise protect the reservations, understandings, declara- to support this bipartisan measure Senate’s privileges in this matter. The tions be considered agreed to; that any which will permit satellite companies resolution would authorize Mr. Osborn statements be printed in the CONGRES- to compete on a more level playing and any other former Member or em- SIONAL RECORD as if read; I further ask field with cable. We have our work cut ployee of the Senate to testify and consent that when the resolution of out for us at conference because the produce documents in this case only to ratification is voted upon the motion House version is quite different from the extent consistent with these privi- to reconsider be laid upon the table; ours. But there is no excuse for not en- leges. the President be notified of the Sen- acting this pro-competition, pro-con- Mr. HATCH. I ask unanimous consent ate’s action and that following the dis- sumer legislation this year. Let’s get the resolution be agreed to, the pre- position of the treaty, the Senate re- to conference and get this bill done. amble be agreed to, and the motion to turn to legislative session. Mr. HATCH. Mr. President, I ask reconsider be laid upon the table. The PRESIDING OFFICER. Without unanimous consent that the bill, as The PRESIDING OFFICER. Without objection, it is so ordered. amended, be read a third time, and objection, it is so ordered. The treaty will be considered to have that the Senate proceed to Calendar The resolution (S. Res. 104) was passed through its various parliamen- No. 93, H.R. 1554. I further ask unani- agreed to. tary stages up to and including the mous consent that all after the enact- The preamble was agreed to. presentation of the resolution of ratifi- ing clause be stricken and the text of The resolution, with its preamble, cation. S. 247, as amended, be inserted in lieu reads as follows: The resolution of ratification is as thereof; that the bill be read a third S. RES. 104 follows: time and passed; that the motion to re- Whereas, in the case of United States v. AMENDED MINES PROTOCOL consider be laid upon the table; and Nippon Miniature Bearing, Inc., et al., Court Resolved (two-thirds of the Senators present that any statements relating to the No. 96–12–02853, pending in the United States concurring therein),

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00148 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 20, 1999 CONGRESSIONAL RECORD — SENATE S5781 SECTION 1. SENATE ADVICE AND CONSENT SUB- (A) the prohibition contained in Article fense has undertaken a program to develop JECT TO A RESERVATION, UNDER- 7(2) of the Amended Mines Protocol does not improved mine detection and clearing tech- STANDING, AND CONDITIONS. preclude the expedient adaptation or adapta- nology and has shared this improved tech- The Senate advises and consents to the tion in advance of other objects for use as nology with the international community. ratification of the Amended Mines Protocol booby-traps or other devices; (C) EXPANSION OF UNITED STATES HUMANI- (as defined in section 5 of this resolution), (B) a trip-wired hand grenade shall be con- TARIAN DEMINING PROGRAMS.—The Depart- subject to the reservation in section 2, the sidered a ‘‘booby-trap’’ under Article 2(4) of ment of Defense and the Department of understandings in section 3, and the condi- the Amended Mines Protocol and shall not State have expanded their humanitarian tions in section 4. be considered a ‘‘mine’’ or an ‘‘anti-per- demining programs to train and assist the SEC. 2. RESERVATION. sonnel mine’’ under Article 2(1) or Article personnel of other countries in developing ef- The Senate’s advice and consent to the 2(3), respectively; and fective demining programs. ratification of the Amended Mines Protocol (C) none of the provisions of the Amended (3) LIMITATION ON THE SCALE OF ASSESS- is subject to the reservation, which shall be Mines Protocol, including Article 2(5), ap- MENT.— included in the United States instrument of plies to hand grenades other than trip-wired (A) LIMITATION ON ASSESSMENT FOR COST OF ratification and shall be binding upon the hand grenades. IMPLEMENTATION.—Notwithstanding any pro- President, that the United States reserves (7) NON-LETHAL CAPABILITIES.—The United vision of the Amended Mines Protocol, and the right to use other devices (as defined in States understands that nothing in the subject to the requirements of subparagraphs Article 2(5) of the Amended Mines Protocol) Amended Mines Protocol may be construed (B) and (C), the portion of the United States to destroy any stock of food or drink that is as restricting or affecting in any way non-le- annual assessed contribution for activities judged likely to be used by an enemy mili- thal weapon technology that is designed to associated with any conference held pursu- tary force, if due precautions are taken for temporarily disable, stun, signal the pres- ant to Article 13 of the Amended Mines Pro- the safety of the civilian population. ence of a person, or operate in any other tocol may not exceed $1,000,000. SEC. 3. UNDERSTANDINGS. fashion, but not to cause permanent inca- (B) RECALCULATION OF LIMITATION.— The Senate’s advice and consent to the pacity. (i) IN GENERAL.—On January 1, 2000, and at ratification of the Amended Mines Protocol (8) INTERNATIONAL TRIBUNAL JURISDIC- 3-year intervals thereafter, the Adminis- is subject to the following understandings, TION.—The United States understands that trator of General Services shall prescribe an which shall be included in the United States the provisions of Article 14 of the Amended amount that shall apply in lieu of the instrument of ratification and shall be bind- Mines Protocol relating to penal sanctions amount specified in subparagraph (A) and ing upon the President: refer to measures by the authorities of that shall be determined by adjusting the (1) UNITED STATES COMPLIANCE.—The last amount applicable under that subpara- United States understands that— States Parties to the Protocol and do not au- thorize the trial of any person before an graph to reflect the percentage increase by (A) any decision by any military com- which the Consumer Price Index for the pre- mander, military personnel, or any other international criminal tribunal. The United ceding calendar year exceeds the Consumer person responsible for planning, authorizing, States shall not recognize the jurisdiction of Price Index for the calendar year three years or executing military action shall only be any international tribunal to prosecute a previously. judged on the basis of that person’s assess- United States citizen for a violation of the Protocol or the Convention on Conventional (ii) CONSUMER PRICE INDEX DEFINED.—In ment of the information reasonably avail- this subparagraph, the term ‘‘Consumer able to the person at the time the person Weapons. Price Index’’ means the last Consumer Price planned, authorized, or executed the action (9) TECHNICAL COOPERATION AND ASSIST- Index for all-urban consumers published by under review, and shall not be judged on the ANCE. The United States understands that— the Department of Labor. basis of information that comes to light (A) no provision of the Protocol may be (C) ADDITIONAL CONTRIBUTIONS REQUIRING after the action under review was taken; and construed as affecting the discretion of the CONGRESSIONAL APPROVAL.— (B) Article 14 of the Amended Mines Pro- United States to refuse assistance or to re- (i) AUTHORITY.—Notwithstanding subpara- tocol (insofar as it relates to penal sanc- strict or deny permission for the export of graph (A), the President may furnish addi- tions) shall apply only in a situation in equipment, material, or scientific or techno- tional contributions for activities associated which an individual— logical information for any reason; and with any conference held pursuant to Article (i) knew, or should have known, that his (B) the Amended Mines Protocol may not 13 of the Amended Mines protocol which action was prohibited under the Amended be used as a pretext for the transfer of weap- would otherwise be prohibited under sub- Mines Protocol; ons technology or the provision of assistance paragraph (A) if— (ii) intended to kill or cause serious injury to the military mining or military counter- (I) the President determines and certifies to a civilian; and mining capabilities of a State Party to the in writing to the appropriate committees of (iii) knew or should have known, that the Protocol. person he intended to kill or cause serious Congress that the failure to make such con- SEC. 4. CONDITIONS. injury was a civilian. tributions would seriously affect the na- The Senate’s advice and consent to the (2) EFFECTIVE EXCLUSION.—The United tional interest of the United States; and States understands that, for the purposes of ratification of the Amended Mines Protocol (II) Congress enacts a joint resolution ap- Article 5(6)(b) of the Amended Mines Pro- is subject to the following conditions, which proving the certification of the President tocol, the maintenance of observation over shall be binding upon the President: under subclause (I). avenues of approach where mines subject to (1) PURSUIT DETERRENT MUNITION.— (ii) STATEMENT OF REASONS.—Any certifi- that Article are deployed constitutes one ac- (A) UNDERSTANDING.—The Senate under- cation made under clause (i) shall be accom- ceptable form of monitoring to ensure the ef- stands that nothing in the Amended Mines panied by a detailed statement setting forth fective exclusion of civilians. Protocol restricts the possession or use of the specific reasons therefor and the specific (3) HISTORIC MONUMENTS.—The United the Pursuit Deterrent Munition, which is in activities associated with any conference States understands that Article 7(1)(i) of the compliance with the provisions in the Tech- held pursuant to Article 13 of the Amended Amended Mines Protocol refers only to a nical Annex. Mines Protocol to which the additional con- limited class of objects that, because of their (B) CERTIFICATION.—Prior to deposit of the tributions would be applied. clearly recognizable characteristics and be- United States instrument of ratification, the (4) UNITED STATES AUTHORITY FOR TECH- cause of their widely recognized importance, President shall certify to the Committee on NICAL COOPERATION AND ASSISTANCE.—Not- constitute a part of the cultural or spiritual Armed Services and the Committee on For- withstanding any provision of the Amended heritage of peoples. eign Relations of the Senate and to the Mines Protocol, no funds may be drawn from (4) LEGITIMATE MILITARY OBJECTIVES.—The Speaker of the House of Representatives that the Treasury of the United States for any United States understands that an area of the Pursuit Deterrent Munition shall con- payment or assistance (including the trans- land itself can be a legitimate military ob- tinue to remain available for use by the fer of in-kind items) under Article 11 or Arti- jective for the purpose of the use of land- United States Armed Forces at least until cle 13(3)(d) of the Amended Mines Protocol mines, if its neutralization or denial, in the January 1, 2003, unless an effective alter- without statutory authorization and appro- circumstances applicable at the time, offers native to the munition becomes available. priation by United States law. a military advantage. (C) EFFECTIVE ALTERNATIVE DEFINED.—For (5) FUTURE NEGOTIATION OF WITHDRAWAL (5) PEACE TREATIES.—The United States purposes of subparagraph (B), the term ‘‘ef- CLAUSE.—It is the sense of the Senate that, understands that the allocation of respon- fective alternative’’ does not mean a tactic in negotiations on any treaty containing an sibilities for landmines in Article 5(2)(b) of or operational concept in and of itself. arms control provision, United States nego- the Amended Mines Protocol does not pre- (2) HUMANITARIAN DEMINING ASSISTANCE.— tiators should not agree to any provision clude agreement, in connection with peace The Senate makes the following findings: that would have the effect of prohibiting the treaties or similar arrangements, to allocate (A) UNITED STATES EFFORTS.—The United United States from withdrawing from the responsibilities under that Article in a man- States contributes more than any other arms control provisions of that treaty in a ner that respects the essential spirit and country to the worldwide humanitarian timely fashion in the event that the supreme purpose of the Article. demining efforts, having expended more than national interests of the United States have (6) BOOBY-TRAPS AND OTHER DEVICES.—For $153,000,000 on such efforts since 1993. been jeopardized. the purposes of the Amended Mines Protocol, (B) DEVELOPMENT OF DETECTION AND CLEAR- (6) LAND MINE ALTERNATIVES.—Prior to the the United States understands that— ING TECHNOLOGY.—The Department of De- deposit of the United States instrument of

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00149 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5782 CONGRESSIONAL RECORD — SENATE May 20, 1999

ratification, the President shall certify to (1) AMENDED MINES PROTOCOL OR PRO- ‘‘I know I have to live with this now,’’ he Congress that— TOCOL.—The terms ‘‘Amended Mines Pro- sobbed last week, holding up the trembling (A) the President, in pursuing alternatives tocol’’ and ‘‘Protocol’’ mean the Amended stump of a leg. ‘‘Now I understand war.’’ to United States anti-personnel mines or Protocol on Prohibitions or Restrictions on A year later, The Washington Post mixed anti-tank systems, will not limit the the Use of Mines, Booby-Traps and Other De- recounted the story of another Bosnian types of alternatives to be considered on the vices, together with its Technical Annex, as basis of any criteria other than those speci- adopted at Geneva on May 3, 1996 (contained victim: fied in subparagraph (B); and in Senate Treaty Document 105–1). The June weather was perfect as 14-year- (B) in pursuit of alternatives to United (2) CFE FLANK DOCUMENT.—The term ‘‘CFE old Tibomir Ostojic returned home from a States anti-personnel mines, or mixed anti- Flank Document’’ means the Document dip in a nearby river. ‘‘Cherries,’’ he tank systems, the United States shall seek Agreed Among the States Parties to the thought. ‘‘Wouldn’t it be nice to have some to identify, adapt, modify, or otherwise de- Treaty on Conventional Armed Forces in Eu- cherries?’’ velop only those technologies that— rope (CFE) of November 19, 1990, done at Vi- So he climbed a cherry tree not far from (i) are intended to provide military effec- enna on May 31, 1996 (Treaty Document 105– his apartment in the Sarajevo neighborhood tiveness equivalent to that provided by the 95). of Dobrinja. As he was climbing down—and a relevant anti-personnel mine, or mixed anti- (3) CONVENTION ON CONVENTIONAL WEAP- split-second before his foot hit the ground— tank system; and ONS.—The term ‘‘Convention on Conven- he realized the grass he was about to step on (ii) would be affordable. tional Weapons’’ means the Convention on clearly had been avoided by others, and he (7) CERTIFICATION WITH REGARD TO INTER- Prohibitions or Restrictions on the Use of knew instantly he was in trouble. NATIONAL TRIBUNALS.—Prior to the deposit of Certain Conventional Weapons Which May The first explosion threw him into the air the United States instrument of ratification, be Deemed to be Excessively Injurious or to and onto a second land mine. By then he had the President shall certify to Congress that, Have Indiscriminate Effects, done at Geneva his hands over his head for protection. The with respect to the Amended Mines Protocol, on October 10, 1980 (Senate Treaty Document second blast blew them off. the Convention on Conventional Weapons, or 103–25). Land mines were also the major any future protocol or amendment thereto, (4) UNITED STATES INSTRUMENT OF RATIFICA- cause of casualties for NATO forces in TION.—The term ‘‘United States instrument the United States shall not recognize the ju- Bosnia. Yet Bosnia is hardly the only risdiction of any international tribunal over of ratification’’ means the instrument of ratification of the United States of the land where this occurs. the United States or any of its citizens. A Washington Times article of June (8) TACTICS AND OPERATIONAL CONCEPTS.—It Amended Mines Protocol. is the sense of the Senate that development, Mr. BIDEN. Mr. President, I am very 10, 1997, reported: ‘‘The land mines are adaptation, or modification of an existing or pleased to speak today in support giv- strewn so widely in the jungles along new tactic or operational concept, in and of ing the Senate’s advice and consent to the cease-fire zones between Ecuador itself, is unlikely to constitute an acceptable ratification of the Amended Mines Pro- and Peru that when peacekeepers kick alternative to anti-personnel mines or mixed a soccer ball out of their compound, it anti-tank systems. tocol to the Convention on Conven- tional Weapons. This amended protocol stays there.’’ Last year, in the wake of (9) FUNDING REGARDING THE INTERNATIONAL Hurricane Mitch, still more innocent HUMANITARIAN CRISIS.—The Senate finds was adopted on May 3, 1996, and sub- that— mitted to the Senate for its advice and people fell victim to land mines left (A) the grave international humanitarian consent to ratification on January 7, over from the civil war in Nicaragua. crisis associated with anti-personnel mines 1997. The Foreign Relations Committee The catalogue of countries ravaged has been created by the use of mines that do approved this resolution of ratification by land mines—long after the end of not meet or exceed the specifications on de- on March 23 of this year, with no dis- the wars in which those mines were tectability, self-destruction, and self-deacti- sents. laid—goes on and on: Afghanistan, An- vation contained in the Technical Annex to gola, Cambodia, Mozambique, Vietnam. the Amended Mines Protocol; and While this is not as big an issue as (B) United States mines that do meet such NATO enlargement or the Comprehen- It was the need to put an end to these specifications have not contributed to this sive Nuclear Test-Ban Treaty, ratifica- seemingly endless post-war tragedies problem. tion of the Amended Mines Protocol that motivated both the Administra- (10) APPROVAL OF MODIFICATIONS.—The Sen- will be a real achievement. Its enact- tion and the Foreign Relations Com- ate reaffirms the principle that any amend- ment is a further demonstration that mittee to recommend ratification of ment or modification to the Amended Mines the Senate and its Foreign Relations the Amended Mines Protocol. Protocol other than an amendment or modi- Committee can, in fact, reach agree- The new Protocol is not a complete fication solely of a minor technical or ad- ment upon treaties that deal with dif- ban on anti-personnel land mines. ministrative nature shall enter into force Many of us regret that the United with respect to the United States only pur- ficult issues. suant to the treaty-making power of the My colleagues are well aware of the States is not in a position to sign and President, by and with the advice and con- humanitarian crisis that has developed ratify the Ottawa Convention that in- sent of the Senate, as set forth in Article II, in the world as a result of the millions stitutes such a ban. The Amended section 2, clause 2 of the Constitution of the of unexploded land mines left from the Mines Protocol is supported, however, United States. last generation of wars in the world. by several mine-producing or mine- (11) FURTHER ARMS REDUCTIONS OBLIGA- The United States is a leader in hu- using powers that would not sign the TIONS.—The Senate declares its intention to manitarian de-mining efforts, and we Ottawa Convention. consider for approval an international agree- It is a sad fact of life that countries ment that would obligate the United States have all supported those efforts. But a to reduce or limit the Armed Forces or ar- few examples may help explain to the with fortified borders are not yet will- maments of the United States in a militarily public why the issue of land mines is of ing to do without land mines. By ad- significant manner only pursuant to the such deep concern. hering to this Protocol, they will save treaty-making power as set forth in Article In April 1996, Newsweek magazine many innocent lives while we work to II, section 2, clause 2 of the Constitution of wrote about one victim of land mines make a world-wide ban feasible for all the United States. as follows: countries. (12) TREATY INTERPRETATION.—The Senate He served three years on Bosnia’s front The new Protocol bans mines that affirms the applicability to all treaties of lines and survived. But within days of being are designed to be exploded by the pres- the constitutionally-based principles of trea- demobilized, Petr Jesdimir became a cas- ty interpretation set forth in condition (1) of ence of a mine detector, and it requires ualty of the peace. anti-personnel mines to be detectable. the resolution of ratification of the INF He was working with a private road crew Treaty, approved by the Senate on May 27, on the outskirts of Sarajevo last month These provisions will greatly aid mine- 1988, and condition (8) of the resolution of when an anti-personnel mine buried at the clearing efforts in future wars. ratification of the CFE Flank Document, ap- roadside blew up under his left foot. As he The Protocol severely limits the use proved by the Senate on May 14, 1997. stumbled down the road to get help, another of land mines unless they are both self- (13) PRIMACY OF THE UNITED STATES CON- mine shattered his right leg. destructing within 30 days and self-de- STITUTION.—Nothing in the Amended Mines Today he lies in a Sarajevo orthopedic activating within 120 days (in case the Protocol requires or authorizes the enact- clinic where battle-tested doctors have made self-destruct mechanism should fail). ment of legislation, or the taking of any their own transition—from treating soldiers other action, by the United States that is hit by grenades to amputating the arms and Adherence to these provisions should prohibited by the Constitution of the United legs of mine victims, mostly children. end the senseless post-war slaughter States, as interpreted by the United States. Jesdimir, 50, realizes that until he dies he’ll inflicted by so many mines today. SEC. 5. DEFINITIONS. probably be a drain on the nation he fought The Protocol establishes an obliga- As used in this resolution: to preserve. tion to clean up minefields after wars

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00150 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 20, 1999 CONGRESSIONAL RECORD — SENATE S5783 have ended. You might think that this tion, thus minimizing any unintended Steve Solomon, an attorney in the was an obvious duty, but countries affront to colleagues who favor a com- office of the Assistant Legal Adviser have often failed to clean up their le- plete ban on anti-personnel mines. for Political-Military Affairs, was tire- thal mess. Another colleague who has put other less and expert in explaining why U.S. Finally, the new Protocol applies to people’s lives ahead of his own views is ratification is in our national interest. civil wars, as well as international Senator LEAHY of Vermont. Senator Time and again, Mr. Solomon kept us ones. This is a desperately needed pro- LEAHY has said many times in this on track toward reasonable solutions. vision, as so many of the worst land chamber that the United States should Without the assistance of those fine mine disasters have been the result of adhere to the Ottawa Convention as civil servants, we would not be ratify- civil wars. The Amended Mines Pro- soon as possible. He has sponsored suc- ing this Protocol today. tocol is the first protocol of the Con- cessful legislation to fund the search In closing, Mr. President, I want to vention on Conventional Weapons to be for land mine alternatives, and he has emphasize that U.S. ratification of the applied to civil wars, and this is an im- an understandable interest in ensuring Amended Mines Protocol is an action portant achievement that is in keeping the effectiveness of that search. of which all Senator can feel proud. It with U.S. policy and practices. Senator LEAHY is in an interesting will save innocent lives. It will reaf- These provisions will go a long way, position, however: he actually helped firm U.S. leadership in codifying the if adopted and fully implemented by to bring about the Amended Mines Pro- laws of war. Irrespective of whether we the major mine users and producers, to tocol. Although he favors a world-wide eventually renounce all anti-personnel curtail Future humanitarian crises due ban on anti-personnel mines, Senator mines, and without prejudicing that to land mines. The amended Protocol LEAHY has stated that he also con- debate, the Amended Mines Protocol specifically meets concerns that the siders the Amended Mines Protocol an will serve our national interest and the Senate articulated in 1995, when we improvement over the existing Pro- interests of humanity. gave our advice and consent to ratifica- tocol. Mr. LEAHY. Mr. President, in 1981 tion of the original Mines Protocol and Senator LEAHY agreed not to seek to the Convention on Conventional Weap- the underlying Convention on Conven- amend this resolution of ratification, ons (CCW) came into force. The United tional Weapons. For all these reasons, even though he opposes some of its pro- States was instrumental in drafting the Amended Mines Protocol deserves visions. For example, the resolution that Convention, including Protocol II our wholehearted support. will preserve the Pursuit Deterrent which imposed modest limits on the Bringing the Amended Mines Pro- Munition until January 1, 2003, even use of landmines. The United States tocol to the Senate floor has required though the U.S. military found that signed the CCW, but another 15 years us to reconcile sharply differing and this weapon was too heavy to be of elapsed before President Clinton for- strongly held views regarding the util- great use to U.S. personnel. warded it to the Senate for its advice ity and morality of using anti-per- It was not easy to bring Chairman and consent. The U.S. finally ratified it sonnel mines that meet the standards HELMS and Senator LEAHY to agree- in 1995. of the Amended Mines Protocol. We ment on a resolution of ratification for Protocol II, commonly known as the owe a debt of gratitude to our col- the Amended Mines Protocol. Senator Mines Protocol, was, during those leagues who agreed to accept resolu- CHUCK HAGEL of Nebraska and I, as well years, the only international agree- tion provisions and report language as Executive branch officials from sev- ment which explicitly dealt with the that safeguarded each other’s positions eral agencies, had to work at this be- use of landmines, and it was routinely on the broader land mine issues. ginning in 1997. ignored—not by the United States mili- One colleague who put the lives of in- Chairman HELMS and Senator LEAHY tary, but by many other countries. And nocent civilians ahead of his personal agreed early on, however, that ratifica- throughout that period the United policy preferences is our esteemed tion of this Protocol was worth doing, States and other mine producers sold Chairman, Senator HELMS of North if it could be done without prejudicing and gave away tens of millions of Carolina. Senator HELMS has stated their stands on the larger issues. I am mines to other governments and rebel that anti-personnel mines are essential very pleased that we achieved such a groups who used them against civilian to the U.S. Armed Forces and that a resolution. I am also proud to be asso- populations. Our mines can be found ban on such weapons would needlessly ciated with two fine colleagues who today, and we are paying millions of place U.S. forces at risk. kept their eye on the ball and arrived dollars annually to help remove them The Amended Mines Protocol does at an agreement. and assist the victims, in some thirty not pre-judge, however, the question of I want to recognize some of the staff countries. U.S. adherence to the Ottawa Conven- members who have labored so hard to By the early 1990’s, it was widely rec- tion. Both supporters and opponents of bring about successful U.S. ratification ognized that the Mines Protocol had that treaty can support the Protocol’s of the Amended Mines Protocol. Mar- utterly failed to protect civilians from limits on the use of anti-personnel land shall Billingslea and Edward Levine of landmines. In fact, during the previous mines by those countries that retain the Foreign Relations Committee staff decade, the number of civilian casual- them. have kept at this for over a year and a ties from mines skyrocketed. Adherence to the amended Protocol half, framing the issues and enabling There were many reasons for the fail- will not require any adjustment of U.S. Chairman HELMS and me to reconcile ure of the Mines Protocol, but cer- military weaponry or tactics, more- our own differences as well as those be- tainly among them was that it was rid- over. Rather, it will make other coun- tween the Chairman and Senator dled with loopholes, and that its rules tries meet standards that we already LEAHY. were difficult to verify and impossible have achieved. U.S. military leaders Senator HAGEL’S staff also played a to enforce. want this Protocol to succeed, because major role in reconciling those dif- In 1992, convinced that far stronger it will save the lives of U.S. service ferences, especially in the early stages. leadership was needed to solve the men and women. Tim Rieser of the Senate Appropria- mine problem, I sponsored legislation In the interests of securing ratifica- tions Committee staff ably served Sen- to halt United States exports of anti- tion of the Amended Mines Protocol, ator LEAHY in crafting language that personnel mines. I did so because I felt Senator HELMS agreed to several major would not subvert the cause of even- it was wrong for the United States to changes in the resolution of ratifica- tual land mine abolition. contribute to the carnage caused by tion, both last year and again this Two State Department lawyers de- mines, and I believed that little would year, to remove from that resolution serve special recognition for their change unless the United States, by any language that would jeopardize roles. The Principal Deputy Legal Ad- setting an example, encouraged others this effort by pre-judging the broader viser, Michael J. Matheson, was instru- to act. And that is what happened. In a land mine questions in his favor. He mental in the negotiation of the matter of two or three years, close to also issued a Committee report this Amended Mines Protocol and in ex- fifty governments stopped exporting year that omitted extensive material plaining to the Senate its legal intrica- mines. Today, there is a de facto global on land mines and the Ottawa Conven- cies. export ban in effect. Even governments

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00151 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5784 CONGRESSIONAL RECORD — SENATE May 20, 1999 that produce mines and have refused to adopted it six months ago. But while consistent with United States policy renounce their use, including Russia the Resolution and Report are far pref- and the interests of the United States. and China, have publicly said that they erable to the versions we were pre- The Administration, including the Pen- no longer export. sented last year, they also contain lan- tagon, has stated repeatedly and un- At the same time that I was spon- guage that has nothing whatsoever to equivocally that it will sign the Ot- soring legislation in Congress, I was do with the Amended Protocol. That is tawa Convention when it has suitable also aware that ten years had elapsed because, Mr. President, a few members alternatives to these weapons, and that since the Mines Protocol had come into of the Foreign Relations Committee it is aggressively searching for such al- force and that any party could request have tried to use this Resolution as a ternatives. the United Nations to sponsor a CCW vehicle to attack the Ottawa Conven- Moreover, 67 members of the Senate review conference. I saw this as an op- tion, governments and individuals like voted for my amendment to halt U.S. portunity to strengthen the Protocol myself who support that Convention, use of anti-personnel mines, for one and to consider banning anti-personnel and current United States policy. year. And 60 Senators, both Repub- mines altogether. Since the U.S. was After reaching a stalemate last year, licans and Democrats, including every not a party, I and others urged the Senator BIDEN and I worked with Sen- Senator who fought in combat, cospon- French Government to request the con- ator HELMS to resolve our differences. sored legislation introduced by myself ference. By the time the review con- While there is still language in the and Senator Hagel to ban U.S. use of ference opened in late 1995, the United Resolution which is extraneous and I anti-personnel mines except in Korea. States had ratified the CCW and was disagree with, and in the report which Second, the Report notes that the able to participate fully in the negotia- is extraneous, factually inaccurate and Administration hopes to negotiate a tions. objectionable, it has been pared down ban on exports of anti-personnel mines The negotiations were difficult. De- substantially. For that I thank Sen- in the U.N. Conference on Disar- spite efforts by myself, some govern- ator BIDEN and Senator HELMS and mament. I believe such a strategy is ments, and non-governmental organi- their staffs. They worked diligently to fraught with problems. It is relevant zations to promote a total ban, the reach a result which, while not perfect, here only insofar as the Helms Report idea was hardly discussed. Instead, the each of us can live with. states that many members of the Com- basic premise of the original Protocol One of the reasons that I am con- mittee believes that in future negotia- remained unchanged—that mines are senting to this resolution is that the tions on an export ban the Administra- legitimate weapons of war. To its cred- objectionable report language reflects tion should differentiate between short it, the Clinton Administration made the views of only some members of the and long-duration mines. Perhaps those members are unaware some constructive proposals dealing Committee. In fact, much of it deals that five years ago the United States with, for example, the detectability of with issues which were never consid- and Britain proposed such an ‘‘export mines, and the Amended Protocol re- ered or debated by the Committee as a control regime.’’ It was rejected out of flects some of those proposals. It re- whole. Rather, it is based on the testi- hand not only by many of our NATO al- quires all anti-personnel mines to con- mony of a handful of like-minded wit- lies, but by developing countries who tain enough iron to be detectable, and nesses at a hearing that was attended already had stockpiled millions of to either contain self-destruct/self-de- by Senator HELMS and only one other long-duration mines and saw the U.S./ activation devices or be placed in Member of the Committee, who was a UK proposal as an attempt to market marked and monitored minefields. It cosponsor of my legislation to ban their higher tech, higher priced mines. applies to internal conflicts, and also United States use of anti-personnel Any attempt by the United States to contains limits on certain transfers of mines except in Korea. resurrect that failed approach would In other words, to the extent that the anti-personnel mines. only further damage U.S. credibility on These are notable improvements, but Helms Report purports to lay down the mine issue. the negotiators again failed to include markers for future landmine policy, it I would also refer members to the Mi- effective verification or enforcement is neither binding nor representative of nority views in the Report, which ably provisions. They also refused to include the views of the Committee as a whole, address this issue. Finally, it is notable a U.S. proposal to apply the prohibi- and even less so of the United States that Senator Helms voted twice for my tion on non-detectable mines to anti- Senate. amendment to halt exports of anti- vehicle mines. While there is no need to address personnel mines, as did the then Major- Despite these significant flaws, I sup- every objectionable phrase in the Re- ity Leader Robert Dole. Those amend- ported the Amended Protocol and en- port, two issues require a response. ments passed overwhelmingly, and did First, the Report states that it is the couraged the Administration to for- not differentiate between short and ward it to the Senate for its advice and view of many members of the Com- long-duration mines. consent. Indeed, I suspect that had I mittee that the United States should Mr. President, the Amended Mines not sponsored the first law anywhere not agree to any prohibition on the Protocol is a step forward. If adhered to halt exports of anti-personnel mines, use, production, stockpiling or transfer to it will help reduce the maiming and or urged the French Government to re- of short-duration anti-personnel mines. killing of civilians, and United States quest a review conference, there would Yet the Committee never debated this soldiers, by landmines. If its prohibi- not be an Amended Protocol. issue and the views of its members, tion on non-detectable mines is applied Last year, after the Foreign Rela- with the exception of Senator HELMS, to anti-vehicle mines, as the United tions Committee reported what I and were never publicly expressed. Further- States has proposed, that would be a others regarded as a fatally flawed Res- more, and most important, some 135 significant advance. olution of Ratification, I refused to countries have signed the Ottawa Con- But like its predecessor, the Amend- consent to its adoption by unanimous vention which bans the production, ed Protocol has too many loopholes consent. At that time I made clear that use, transfer and stockpiling of anti- and can be easily violated. It is a far the issue was not the Amended Pro- personnel mines, and 77 have ratified. cry from what is needed to achieve the tocol itself, but a Resolution and Com- They include every member of NATO goal declared by President Clinton and mittee Report that contained language except the United States and Turkey, adopted by the U.N. General Assembly that was extraneous, inaccurate, and and every Western Hemisphere country of ridding the world of anti-personnel provocative. except the United States and Cuba. mines. I believe that can only occur— Today we are again asked to give our They also include many countries that as was done with poison gas and as the consent, and this time I have, with have produced, used and exported Ottawa Convention would do—by stig- some reluctance, agreed. I say with mines in the past. matizing these indiscriminate weap- some reluctance, because if this Reso- To suggest that the United States ons. That will take far stronger United lution and the accompanying Com- should remain outside the Convention States leadership than we have seen mittee Report dealt only with the that is widely and increasingly seen as thus far. Amended Protocol there would be no establishing a new international norm Mr. HATCH. I ask for a division vote disagreement. In fact, we could have outlawing anti-personnel mines, is in- on the resolution of ratification.

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00152 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 20, 1999 CONGRESSIONAL RECORD — SENATE S5785 The PRESIDING OFFICER. A divi- 12:30 p.m.; and Senator Bob SMITH in There being no objection, the Senate, sion is requested. Senators in favor of control of the time between 12:30 p.m. at 8:39 p.m., adjourned until Monday, the resolution of ratification will rise and 1 p.m. May 24, 1999, at 11 a.m. and stand until counted. (After a The PRESIDING OFFICER. Without f pause.) Those opposed will rise and objection, it is so ordered. stand until counted. Mr. HATCH. I finally ask that at 1 NOMINATIONS On a division, two-thirds of the Sen- p.m. the Senate immediately begin Executive nominations received by ators present and voting having voted consideration of calendar No. 114, S. the Senate May 20, 1999: in the affirmative, the resolution of 1059, the Department of Defense au- ratification is agreed to. thorization bill. METROPOLITAN WASHINGTON AIRPORTS AUTHORITY f The PRESIDING OFFICER. Without objection, it is so ordered. ROBERT CLARKE BROWN, OF OHIO, TO BE A MEMBER OF LEGISLATIVE SESSION THE BOARD OF DIRECTORS OF THE METROPOLITAN f WASHINGTON AIRPORTS AUTHORITY FOR A TERM EXPIR- The PRESIDING OFFICER. Under ING NOVEMBER 22, 2005. (REAPPOINTMENT) the previous order, the Senate will now PROGRAM DEPARTMENT OF ENERGY return to legislative session. Mr. HATCH. For the information of JAMES B. LEWIS, OF NEW MEXICO, TO BE DIRECTOR OF f THE OFFICE OF MINORITY ECONOMIC IMPACT, DEPART- all Senators, the Senate will convene MENT OF ENERGY, VICE CORLIS SMITH MOODY, RE- ORDERS FOR MONDAY, MAY 24, at 11 a.m. on Monday and be in a period SIGNED. 1999 of morning business until 1 p.m. Fol- DEPARTMENT OF THE TREASURY Mr. HATCH. Mr. President, I ask lowing morning business, the Senate LEWIS ANDREW SACHS, OF CONNECTICUT, TO BE AN AS- will begin consideration of the Depart- SISTANT SECRETARY OF THE TREASURY, VICE GARY unanimous consent that when the Sen- GENSLER. ment of Defense authorization bill. ate completes its business today, it DEPARTMENT OF DEFENSE stand in adjournment until 11 a.m. on Amendments to that legislation are ex- pected to be offered during Monday’s THE FOLLOWING NAMED UNITED STATES ARMY OFFI- Monday, May 24. I further ask that on CER FOR REAPPOINTMENT AS THE CHAIRMAN OF THE Monday, immediately following the session of the Senate. If votes are or- JOINT CHIEFS OF STAFF AND APPOINTMENT TO THE dered with respect to S. 1059, those GRADE INDICATED WHILE ASSIGNED TO A POSITION OF prayer, the Journal of proceedings be IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, approved to date, the morning hour be votes would be stacked to occur at 5:30 U.S.C., SECTIONS 601 AND 152: deemed to have expired, and the time p.m., Monday evening. As always, Sen- To be general for the two leaders be reserved for their ators will be notified as votes are or- GEN. HENRY H. SHELTON, 0000. use later in the day. I further ask con- dered. f sent that there then be a period of f morning business until 1 p.m., with CONFIRMATION Senators permitted to speak for up to ADJOURNMENT UNTIL MONDAY, Executive nomination confirmed by 10 minutes each, with the following ex- MAY 24, 1999, AT 11 A.M. the Senate May 20, 1999: ceptions: Senator DURBIN or his des- Mr. HATCH. If there is no further ignee from 11 a.m. to 12 noon, with business to come before the Senate, I OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION Senator CONRAD in control of 20 min- now ask unanimous consent the Senate utes of that time; Senator BENNETT in stand in adjournment under the pre- GARY L. VISSCHER, OF MARYLAND, TO BE A MEMBER OF THE OCCUPATIONAL SAFETY AND HEALTH REVIEW control of time between 12 noon and vious order. COMMISSION FOR A TERM EXPIRING APRIL 27, 2001.

VerDate Mar 15 2010 22:06 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00153 Fmt 0624 Sfmt 9801 E:\1999SENATE\S20MY9.REC S20MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 20, 1999 CONGRESSIONAL RECORD — Extensions of Remarks E1035 EXTENSIONS OF REMARKS

DRUGS AND GUNS ACT OF 1999 CENTRAL NEW JERSEY RECOG- Middle States Association of Colleges and NIZES THE 1999 ASIAN-AMERICAN Schools for its unique project on inclusive edu- HON. WILLIAM F. GOODLING HERITAGE CELEBRATION AND cation in regular schools. Mercy's Educational OF PENNSYLVANIA ASIAN-AMERICAN HERITAGE Excellence Program: A Model for Inclusive IN THE HOUSE OF REPRESENTATIVES MONTH Education identifies inclusive education as one Thursday, May 20, 1999 that serves the physically and mentally chal- lenged, empowers the talented and gifted stu- Mr. GOODLING. Mr. Speaker, today I am HON. RUSH D. HOLT OF NEW JERSEY dent, and uses a multicultural perspective introducing legislation intended to keep fire- across the curriculum. arms out of the hands of those convicted of IN THE HOUSE OF REPRESENTATIVES Thursday, May 20, 1999 Academic and non-academic services are misdemeanor drug offenses. Current federal revised as Mercy's student population grows law prohibits a person convicted of a felony Mr. HOLT. Mr. Speaker, I rise today in rec- and changes. The needs of Mercy's stake- crime involving drugs and firearms from own- ognition of Asian-American Heritage Month holders have served as the catalysts for the ing a firearm. However, those convicted of and the many diverse accomplishments of Rainbow and anti-drug programs, prayer part- lesser drug offenses can legally own a gun. Asian-Americans. I also recognize the Asian ners, inclusive life skills instruction, academic My legislation would impose strict penalties American Heritage Council of New Jersey, an tutors, and family health seminars. The role of and fines for misdemeanors during crimes organization dedicated to celebrating, inte- Mercy's community is to partner in the edu- such as use or possession of an illegal sub- grating, and uniting Asian culture in America. cation of students, to create a forum for adult stance when a firearm is present. Similar to Asian-Americans have a long history of learning, and to raise responsible, socially legislation I have introduced in the past, my meaningful contributions to the United States. concerned individuals. bill has had the endorsement of the Pennsyl- On may 22, 1999, the Asian American Herit- The Mercy Parent Teacher Organization co- vania Chiefs of Police and the National Asso- age Council of New Jersey will sponsor a ordinates parent volunteers to assist the ciation of Chiefs of Police. statewide Asian-American Heritage Celebra- Quite simple, this bill would expand current school in the total education of the children. tion in Edison, NJ. This organization, which in- During the 1997±98 school year, 96.5 percent law to treat individuals who commit less-seri- corporates various Asian-American groups in ous drug offenses in the same manner as of Mercy's families volunteered. Mercy pro- New Jersey, was founded by Dr. Stephen Ko vides parents with educational opportunities people involved in other drug crimes, such as in 1992. Each year a different ethnic group or- drug trafficking. Those found guilty of simple through in-house and outside seminars, guest ganizes a celebration in May; this year the ac- speakers, health programs, print materials, possession of a controlled substance, and tivities are being planned by Chinese-Ameri- who possesses a firearm at the same time of and private consultants. cans and will include dancing and shows by As a former teacher, I wish to congratulate the offense, will face mandatory jail time and/ various organizations. or substantial fines in addition to any penalty Our Lady of Mercy School for creating the The Asian-American Heritage Celebration's right atmosphere for learning. I am proud of imposed for the drug offense. Mandatory jail keynote address will be delivered by my col- time and fines would be required for second their well-trained staff, their supportive par- league from Oregon, the Honorable DAVID WU. ents, and their excellent students. I wish them and subsequent offenses. Congressman WU is the first Chinese-Amer- The guilty party would be prohibited from continued success in creating the excellence ican to be elected to the U.S. Congress. in education needed for tomorrow's schools. owning a firearm for 5 years. Exceptions could The contributions of Asian-Americans to the f be granted depending upon the circumstances society and culture of New Jersey and the surrounding each individual's case. Current United States are a vital part of the American law states that a person convicted of a drug HONORING BOB STONE’S fabric. I hope all my colleagues will join me in RETIREMENT crime can petition to the Secretary of the recognizing the Asian American Heritage Treasury for an exemption to the firearms pro- Council of New Jersey. hibition provided it would not threaten public f HON. PAUL E. KANJORSKI safety. This legislation will not affect a law- OF PENNSYLVANIA abiding citizen's right to own a firearm. TRIBUTE TO OUR LADY OF MERCY IN THE HOUSE OF REPRESENTATIVES By imposing stiff penalties on people con- SCHOOL Thursday, May 20, 1999 victed of lesser drug offenses where a firearm is present, we will send a serious message HON. CONSTANCE A. MORELLA Mr. KANJORSKI. Mr. Speaker, I rise today that the cost of engaging in this activity far to pay tribute to Bob Stone, who is retiring OF MARYLAND outweighs the benefit. If my bill becomes law, after more than thirty years in the federal gov- IN THE HOUSE OF REPRESENTATIVES individuals owning firearms for legitimate pur- ernment representing the highest ideals of poses (hunting, target-shooting, collecting, or Thursday, May 20, 1999 government service. For the past six years, personal protection) and who also engage in Mrs. MORELLA. Mr. Speaker, I am proud to Bob has been Vice President AL GORE's right the use of illicit drugs will think twice before pay tribute to the faculty, parents, and stu- hand man in leading the reinvention of the participating in their drug-related endeavors, dents of Our Lady of Mercy School in Mont- federal bureaucracy. Reinventing government facing the prospect of enhanced penalties and gomery County, MD, for winning the Blue Rib- is often referred to colloquially as ``REGO'' the loss of their firearms. bon Excellence in Education Award from the and Bob has been commonly called ``Mr. Mr. Speaker, the 104th Congress passed Department of Education. REGO'' for his dedication and commitment to legislation to provide increased enforcement Our Lady of Mercy School has a tradition of creating a government that works better, costs on our borders to reduce drug trafficking, and academic excellence, intellectual curiosity, fun- less, and gets the results Americans desire. the 105th Congress passed the ``Drug-Free damental moral and religious values, and an I first met Bob during the 1980s when he Communities Act,'' to establish a program to atmosphere of care and respect. The school's was a deputy assistant secretary in the De- support and encourage local communities who mission sets goals which foster students' per- fense Department. He helped resolve a com- demonstrate a comprehensive, long-term com- sonal growth, empowers students as active plex situation that ended up benefiting both mitment to reduce substance abuse among learners, and encourages critical thinking and the Defense Department and Northeastern youth. Both measures became law. I urge my problem solving. Linkages with communities Pennsylvania. Although I had dealt with hun- colleagues to continue to focus its efforts on beyond Mercy help students develop an un- dreds of federal employees, Bob stood out as the drug war by passing this legislation in an derstanding of different cultures and an appre- a creative and thoughtful public servant who effort to crack down on this criminal behavior. ciation of global interdependence. was absolutely committed to making govern- Drugs and guns are a lethal combination that In 1998, Mercy received reaccreditation by ment work. His dedication to improving the must not be tolerated by a civilized nation. the Commission on Elementary Schools of the functioning of the Defense Department during

∑ 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. E1036 CONGRESSIONAL RECORD — Extensions of Remarks May 20, 1999 Republican Administrations was brought to the that this particular school district took such a and promoting freedom and democracy attention of Vice President GORE, who de- leadership role. Even as the Gold Rush swept around the world. Unfortunately, this some- serves a great deal of credit for recognizing through California and well before the Pony times requires the use of United States mili- Bob's talents and allowing him to run the Na- Express began to link my state to the rest of tary force. tional Performance Review in a competent the nation, one of the area's very first schools There is a great deal of debate over wheth- and non-partisan manner. opened its doors to students in what is now er this operation in Kosovo is in our interests. In leading hundreds of career civil servants the Center Unified School District. For almost I believe it is. As part of our role in the world, in the reinventing government initiative, Bob a century and a half, this community has fo- the United States needs to take action to pre- has helped produce some remarkable results: cused on future generations. serve and in some instances expand alliances more than $136 billion in savings, a workforce At its dedication ceremony, Center High will that will encourage the establishment of the that is smaller than when John F. Kennedy show off its state-of-the-art science complex democratic principles we all cherish. As such, was President, 640,000 fewer pages of inter- and adjoining computer lab, a new mathe- we must remain an active leader in the NATO nal rules, and the creation of more than 3,000 matics wing with adjoining computer lab, a alliance. customer service standards that citizens can new library with multiple computer research The NATO alliance was formed to provide a use to judge how well agencies are serving stations, a new 500 seat performing arts the- strong measure of security to Europe, which in their customers. I was struck by Bob's undying atre and music building, a special education turn provides a measure of security for the belief that government can work if front-line wing, and a technology-based curriculum inte- United States. Political, military, and economic employees are empowered with the ability to grated in the school's Media Communications instability threatens U.S. national security and exercise common sense. Bob's inspirational and Business Academies. economic interests. This is a region where two mantra was, ``Federal workers know what's It also should be noted that student achieve- world wars began and the threat that this con- not working in government andÐif empow- ments at Center High School are truly remark- flict could spread to neighboring countries is eredÐcan make government work better and able. Most recently, both the student news- real. It is without a doubt that preventing the cost less.'' paper and yearbook received the Gold Crown spread of this conflict is in our security inter- Beyond creating a government that was Awards from the Columbia Scholastic Press est. smaller and worked better, Bob wanted to cre- AssociationÐtheir equivalent of the Pulitzer During the debate, the first bill the House considered was H.R. 1569, introduced by ate a movement. As Vice President GORE said Prize. It is the only school in the nation to win Representatives FOWLER and GOODLING. This at Bob's retirement ceremony, ``Bob's goal top honors for both publications. In addition, bill would prohibit the President from using was to `fan the flames of reinvention' among Center High freshman William John was re- any funds for the deployment of ``ground ele- front line employees, to empower them to re- cently selected to represent California in Peo- ments'' without congressional authorization. invent their workplaces and how they deal with ple to People International at a United Nations This legislation is far too broad in its scope. It their customersÐto bring common sense to conference in Switzerland this summer. would prevent using U.S. ``ground elements'' government. He did this, and more.'' It is refreshing and hopeful for all of us to to rescue U.S. military personnel or civilians Bob Stone is the epitome of the hard- witness the rebirth of Center High School and should that be necessary, it would restrict U.S. working, unrecognized public servant who is to honor the tremendous success of its stu- participation in a peacekeeping operation, it dedicated to doing whatever it takes to accom- dents. I urge you to join me in congratulating would handcuff the President from responding plish his mission in a thoughtful and creative all those involved for a job well done. with ``ground elements'' to a direct threat to way. I speak for many in this Congress when f U.S. personnel, and it would have even pro- I express my gratitude to Bob for the key role STATEMENT ON KOSOVO hibited the rescue of the three U.S. POW's. he has played in restoring Americans' belief Passage of this bill, in my view, gives Presi- that government can do the right thing. I wish dent Milosevic permission to act without fear him and his wife, Roxanne, a happy retirement HON. ROBERT A. WEYGAND that the United States will respond with the when they join their children and grandchildren OF RHODE ISLAND swiftest and most forceful action if necessary. in California. We will miss you, Mr. REGO, but IN THE HOUSE OF REPRESENTATIVES Many have argued that we cannot tell our en- hope your spirit of service and reinvention will Thursday, May 20, 1999 emies what we will do or how we will act, but live long in the federal government. Mr. WEYGAND. Mr. Speaker, earlier this this bill tells Milosevic exactly what Congress f will allow President Clinton to do. month the House debated several resolutions While at this time I do not think the use of IN HONOR OF THE DEDICATION OF regarding the current situation in Kosovo. I ``ground elements'' is necessary, I do not be- CENTER HIGH SCHOOL take this opportunity to address that situation lieve that we should take any option off the and each of those resolutions. table for any period of time. I do not believe HON. DOUG OSE The current situation in Kosovo is indeed a that we should handcuff the President or our OF CALIFORNIA tragedy. People are being forced from their military leaders from taking whatever action IN THE HOUSE OF REPRESENTATIVES homes, families are being destroyed, people they need to in responding to a developing sit- are being murdered because of their ethnic Thursday, May 20, 1999 uation. This bill would do exactly that. For the identity. If I may, let me recount some sober- reasons outlined above I voted against this Mr. OSE. Mr. Speaker, I rise today to give ing facts. To date, over 603,000 Kosovar-Alba- bill. special recognition to a high school in my dis- nian refugees have been forced from their The next resolution the House considered trict that has its eye on the future and its stu- homes, an estimated 3,700 people have been was House Concurrent Resolution 82, intro- dents on the road to success. Center High murdered, and approximately 400,000 people duced by Representative CAMPBELL of Cali- School in the Center Unified School District are roaming the Kosovo countryside. fornia. This resolution would have required the will be dedicated on May 22 after undergoing Unfortunately, we have seen this type of ac- United States to withdraw, in 30 days, from its extensive remodeling of its facilities to accom- tivity far too often. Many of us have taken to participation in the NATO operations. I also modate, among other things the continuing this very floor and condemned the actions of voted against this resolution. The unilateral emergence of high technology in the class- the Nazis in World War II, the Ottoman Empire withdrawal of U.S. forces from this operation room, and the growing demand for improved during the Armenian Genocide, the Chinese at would signal to the world that we do not sup- mathematics and science education. Tiananmen Square, the treatment of the East port the NATO operation and that the United The dramatic changes at Center High Timorese by the Idonesian Government, and States is willing to ignore its role as a world School come at a time when this school dis- the murder of over a million Rwandans. All of leader. trict faces tremendous challenges in coping us also condemn the actions of Slobodan House Joint Resolution 44 was the third res- with a significant loss of student enrollment Milosevic in his efforts to ``cleanse'' the former olution the House considered. This resolution due to the imminent closure of McClellan Air Yugoslavia of ethnic minorities. was a declaration of war by the United States Force Base. Despite such a daunting obstacle, In my view, the United States is the world against Yugoslavia. We are in our third month forward-thinking trustees, administrators, fac- leader in the efforts to promote democracy of air strikes against Yugoslavia and that is ulty members, school staff, parents and others and basic human rights. As that world leader, too early to discuss a declaration of war. We in the community moved ahead with plans to not a police force but a leader, the United need to continue the air campaign, which is give students at Center High School their best States must take its responsibility seriously. having some success. possible chance to succeed in a rapidly Therefore, we must play a role in stopping on- This is a time when we need to support changing world. It should come as no surprise going genocides, preventing future genocides, both our men and women in harm's way and CONGRESSIONAL RECORD — Extensions of Remarks E1037 our allies. To approve any of these measures such a task, but also the understanding and BLUE RIBBON SCHOOLS would send a message to our troops, allies sensitivity to lend support to the patients and and enemies that the United States is not uni- families faced with the challenge of leukemia. HON. RON PACKARD fied or committed to ending the tragedy in I am personally active with the Northern OF CALIFORNIA Kosovo. IN THE HOUSE OF REPRESENTATIVES New Jersey Chapter of the Leukemia Society, The final resolution the House considered Thursday, May 20, 1999 was Senate Concurrent Resolution 21. This and dedicate all my work to the memory of our resolution authorized the use of United States son, Todd Richard Roukema, who was taken Mr. PACKARD. Mr. Speaker, I would like to air forces to participate in the NATO action in from us by the tragedy of leukemia. I take this recognize and congratulate the extraordinary Kosovo. I voted in favor of this resolution. The opportunity to thank Dr. Richard W. Zahn, our accomplishments of two schools which are lo- United States is already involved in the air op- chapter's president, for his dedication and cated in my home district. Concordia Elemen- eration in Kosovo and refusing to support that hard work. Dr. Zahn is one of the many peo- tary and Moulton Elementary recently were se- lected to receive the Blue Ribbon Schools ongoing operation is, in effect, telling our air ple who make the Leukemia Society a suc- crews that we are not behind them and this award. cess and is bringing hope to all those families The Blue Ribbon Schools Program was es- operation. Mr. Speaker, I know that every who are facing this disease. tablished by the U.S. Secretary of Education member of this House supports our men and in 1982. Since its establishment, more than women in the military but refusing to support In August 1944, 16-year-Robbie deVilliers 3,500 schools have been recognized for their this resolution sends mixed messages to was diagnosed with acute leukemia. Three excellence. them. We must be united in our support of months later he died, as did 96 percent of the Blue Ribbon status is awarded to schools them and must let them know that. children diagnosed with leukemia that year. In that have strong leadership, a clear vision, a 1950, as a memorial to their son's brief life, f sense of mission, and most importantly, solid Robbie's parents established the Robert A SALUTE TO OWEN MARRON evidence of family involvement. Through ex- Roesler deVilliers Foundation in an effort to ceptional academics, athletics and after-school support scientific research into their son's dis- programs, these schools have set themselves HON. FORTNEY PETE STARK order. In 1951, with an income of $11,700, the apart from other schools. Concordia and OF CALIFORNIA foundation approved its first research grant. Moulton have achieved the recognition of a IN THE HOUSE OF REPRESENTATIVES With the hiring of a medical consultant, the Blue Ribbon School that comes from their out- Thursday, May 20, 1999 foundation established its principle of awarding standing level of excellence. Teachers, admin- Mr. STARK. Mr. Speaker, it is with honor research grants to young scientists over the istrators, parents, volunteers and students and profound respect that I rise today to sa- next few years. In 1955, it changed its name should be applauded for their efforts. lute Owen A. Marron, one of the most exem- to the Leukemia Society, eventually becoming I would like to express my congratulations to plary longtime leaders in the U.S. labor move- known as the Leukemia Society of America to these schools. Concordia Elementary and ment. Brother Marron was appointed to the Al- reflect its national stature. Moulton Elementary should be proud of their ameda County Central Labor Council in 1982 accomplishment. Nothing is of more impor- During its half-century of operation, the Leu- tance to our families, our communities and our after a two-year stint in the U.S. Army and a kemia Society has grown tremendously, ex- long affiliation in the local United Steel Work- country than the quality of education in Amer- panding its scope and developing a wealth of ers Union and SEIU. He rose up the ranks of ica. expertise and knowledge. With an income of leadership after his appointment to the Labor f more than $83 million a year, the Society now Council and was at the helm as Executive RETIREMENT SECURITY ACT OF funds research into the blood-related cancers Secretary-Treasurer for the past decade. He 1999 was also elected vice president of the Cali- of lymphoma, Hodgkin's disease and myeloma fornia Labor Federation. as well as leukemia. Under the Leukemia So- HON. THOMAS E. PETRI ciety's leadership, new chemotherapy drugs Brother Marron will be honored as Unionist OF WISCONSIN of the Year on June 17, 1999 in Oakland, combined with radiation treatment have in- IN THE HOUSE OF REPRESENTATIVES California. His numerous contributions and creased survival rates. Today, 80 percent of Thursday, May 20, 1999 achievements will be applauded and well children under 15 survive leukemia and certain wishes will be extended as he retires. He will types of leukemia can be cured. Mr. PETRI. Mr. Speaker, today I have intro- leave a legacy of commitment, strong leader- duced the Retirement Security Act of 1999. While the past 50 years of accomplishment ship, unbending advocacy for affirmative ac- This bill, nearly identical to legislation I intro- brings great hope, one adult or child still dies tion and for the rights of the disabled commu- duced in the last Congress, would help put the nity, and tenacity in organizing and fighting for from blood-related cancers every nine min- Social Security system on a better financial working people. utes. Leukemia and lymphoma are the leading footing while providing future Americans with Brother Marron's forty plus years in the fatal cancers in men and women under 35. the peace of mind that comes with their own labor movement will be long remembered and Cures for these diseases must be found. Re- personal retirement accounts. his leadership will be missed. I join his friends search challenges remain and the Leukemia Under my bill, the government will establish and colleagues in thanking him for his untiring Society valiantly pursues its mission. a retirement account for each newborn Amer- ican citizen, initially worthy $1,000. The money efforts. Brother Owen Marron has indeed As I have stated, we know personally the for the initial $1,000 will come from income made a positive difference in the lives of many tragedy of cancer: My husband, Dr. Richard individuals. taxes on that portion of Social Security income W. Roukema, M.D., and I lost our son, Todd, f currently subject to the income tax. This to leukemia in 1976 at the age of 17. At that amount is to be invested in the same funds CONGRATULATING THE LEUKEMIA time, bone marrow transplants and other tech- available in the Federal employees' Thrift Sav- SOCIETY ON ITS 50TH ANNIVER- niques that offered hope were only in their ex- ings Plan two of which promise higher rates of SARY perimental stages. Since then, many advances return than the Social Security Trust Fund. have been made that have spared thousands The investment decisions among the funds HON. MARGE ROUKEMA of other parents the heartbreak we faced. It is are to be made by the parent or guardian until OF NEW JERSEY thanks to the brilliant researchers and physi- the account holder reaches the age of majority IN THE HOUSE OF REPRESENTATIVES cians supported by the Leukemia Society that when he or she is able to make such deci- hope can be maintained. sions. The account holder, or his or her par- Thursday, May 20, 1999 ent, can add to the principal of the account, up Mrs. ROUKEMA. Mr. Speaker, I rise to con- Today, we are within grasp of a cure for to $2,000 per year tax free. But even if that gratulate the Leukemia Society of America on many forms of cancer but much research re- ever happens the $1,000, if invested in the its 50th anniversary. The Leukemia Society mains to be done. I thank God for those who common stock index fund, at the historical real has led the fight to end this terrible disease are willing to labor toward this goal and pray rate of return of 7 percent, would grow to and many individuals are alive today thanks to that with their help a cure can be found and $89,000 in 1999 dollars. This happens to be its work. This organization possesses not only that no one will ever again have to suffer from just enough to cover the current average So- the scientific and medical expertise needed for this terrible disease. cial Security benefit. E1038 CONGRESSIONAL RECORD — Extensions of Remarks May 20, 1999 Since the initial $1,000 comes from the positive things to the quality of life in our United Parcel Service, which has been named Government, Social Security payments owed neighborhoods, and I would like to thank its the best operating district within the UPS to the account holder would come out of this leadership and the many others involved in its worldwide organization. account first. Only after it is exhausted would success. This district was chosen because of its ef- the individual begin to draw on the Social Se- The Wyckoff Heights Medical Center is the fective balance in regard to customers, em- curity Trust Fund. Therefore the financial prob- hub of the WIC program in our area. Along ployees, shareholders, and internal practices. lems of Social Security would be solved start- with its satellite clinics at the LaMarca Family UPS employs over 13,000 people in New Jer- ing 67 years after enactment. This would Health Center in East New York, sey and services approximately 99,000 New make it easier to deal with the problems we Queensbridge Family Heath Center in Long Is- Jersey customers. face before that date. land City, Park Slope WIC in Park Slope, and The Central District serves much of my 12th If my plan is adopted, future workers will not the Red Hook WIC in Red Hook, Wyckoff Congressional District, including all or part of have to worry so much whether or not the serves an average of 5,800 women, infants Monmouth, Middlesex, Mercer, and Hunterdon government will keep its promises or that the and children a year. Counties. Social Security system might go bankrupt be- Like the National WIC program, which this The district will be presented with the Chair- cause each will have an account which is his year celebrates its 25th Anniversary, the man's Award for excellence at a celebration or her personal property. I don't claim that this Wyckoff WIC program has been enormously on May 21, 1999, in Edison, NJ. program will solve all of the financial problems successful. Nationally, WIC has helped pro- Mr. Speaker, the Central New Jersey Dis- of Social Security but it will certainly help. vide nutrition education, health care referral, trict of UPS is an excellent example for all f breastfeeding support and supplemental nutri- New Jersey businesses. I hope all my col- tious foods to nearly 7.5 million women, in- TRIBUTE TO JOHN A. OREMUS leagues will join me in recognizing their ac- fants and children through 10,000 clinics na- complishment. tionwide. HON. WILLIAM O. LIPINSKI In addition to its success implementing the f OF ILLINOIS mandated WIC services, the Wyckoff WIC pro- IN THE HOUSE OF REPRESENTATIVES gram has sought to enhance its outreach by TRIBUTE TO ASHBURTON conducting seminars and workshops through- ELEMENTARY SCHOOL Thursday, May 20, 1999 out Brooklyn. These efforts have included Mr. LIPINSKI. Mr. Speaker, I would like to breastfeeding promotion and immunization HON. CONSTANCE A. MORELLA pay tribute to an outstanding public servant in screening seminars. my district, John A. Oremus. John Oremus These initiatives have also been enhanced OF MARYLAND has recently retired after serving as mayor of by the work of Mr. William F. Green, Vice IN THE HOUSE OF REPRESENTATIVES Bridgeview, Illinois for a total of four decades. President of Ambulatory Services, who is Thursday, May 20, 1999 Mr. Oremus learned the value of a strong being honored by the Wyckoff WIC this week. work ethic early on, as he helped out with his Mrs. MORELLA. Mr. Speaker, I am proud to Mr. Green has been a strong supporter of the pay tribute to the faculty, parents, and stu- father's tanning business and held a job at a Wyckoff WIC program since its inception in gas station. In 1948, he started his own busi- dents of Ashburton Elementary School in 1989, and he has helped initiate some unique Montgomery County, MD for winning the Blue ness. All of his children and grandchildren are programs. For example, Mr. Green created a now very involved with the business. Mr. Ribbon Excellence in Education Award from monthly Mother's Day which helps create a the Department of Education. Oremus began his career in politics when he consistent outreach to women and children. Ashburton Elementary has a large inter- was appointed to the Zoning Board of Ap- He also has been supportive of the Wyckoff's national student population that represents 38 peals. In 1955, John Oremus became the special holiday programs, which during the countries and 20 different languages. The fact Mayor of the village of Bridgeview. He re- major holidays, makes an extra effort to reach that the majority of the international students tained the position until 1963. In 1967, John out to the women and children of our commu- do not speak English when they arrive pre- Oremus was again elected mayor and has nities who are in need of vital services. Mr. sents challenges to the faculty that have been held the position ever since. Green has made a good WIC program great met with great success. Mr. Oremus continued his hard work as and on behalf of the community, I thank him Academics are the primary focus tempered mayor, seeing to it that his vision of ``A Well and congratulate him on his special award. with learning other lifelong values. There is a Balanced Community'' became a reality. This I would also like to congratulate the fifty school wide commitment to helping the stu- concept was that the Bridgeview community of WIC children who are graduating this week. dents develop respect and responsibility for fine homes and families would have low mu- These children, all who recently turned five themselves, their schoolmates, the staff, and nicipal taxes and many places in town to work years old, are being honored in a very special the school. Ten years ago the school imple- and shop. As Mayor, Mr. Oremus also encour- way because they have successfully com- mented The SHINE Program. The program, aged business and industry by offering co- pleted their participation in the Wyckoff WIC which was established to help stress the quali- operation and strong Village support services, program. They represent the futureÐa future ties of being Successful, Helpful, Imaginative, such as fire and police protection. of strong, healthy children and mothers who Neighborly, and Enthusiastic, recognizes stu- Mr. Speaker, it is my distinct honor to pay have the chance to realize the American dents who contribute to the school's commu- tribute to John Oremus. I am certain that the dream. community of Bridgeview, Illinois will miss his I urge my colleagues to join me in applaud- nity in a positive manner. presence as a public servant. It is my hope ing the Wyckoff WIC program on the occasion Students at Ashburton are exposed to the that John Oremus a enjoys good health and of its 10th Anniversary, Mr. Green for his long- field of technology. The school has a 29 sta- good memories in his retirement. time support of the Wyckoff WIC, and most tion Macintosh computer lab, and a Macintosh f importantly the 50 young WIC graduates and computer in each classroom. All computers their mothers for a healthy futureÐcongratula- are on a local network (LAN) and are con- HONORING WYCKOFF HEIGHTS tions and continued success. nected to the Montgomery County Public MEDICAL CENTER f Schools wide area network (WAN). Students learn keyboarding, word processing, digital im- HON. NYDIA M. VELA´ ZQUEZ CONGRATULATING THE CENTRAL aging, and how to use the Internet. OF NEW YORK NEW JERSEY DISTRICT BEST In addition to a dedicated principal, staff, IN THE HOUSE OF REPRESENTATIVES UPS OPERATING DISTRICT IN and willing students, Ashburton Elementary is WORLDWIDE ORGANIZATION supported by an active, interested, and com- Thursday, May 20, 1999 mitted parent community. Ms. VELAÂ ZQUEZ. Mr. Speaker, I rise today HON. RUSH D. HOLT As a former teacher, I wish to congratulate in honor of Wyckoff Heights Medical Center lo- OF NEW JERSEY Ashburton Elementary School for creating the cated in Brooklyn, New York which is cele- IN THE HOUSE OF REPRESENTATIVES right atmosphere for learning. I am proud of brating its 10th Anniversary. For 10 years, the their well trained staff, their supportive par- Wyckoff Heights Medical Center has been Thursday, May 20, 1999 ents, and their excellent students. I wish them helping women and children in communities Mr. HOLT. Mr. Speaker, I rise today to rec- continued success in creating the excellence throughout Brooklyn. It has contributed many ognize the Central New Jersey District of in education needed for tomorrow's schools. CONGRESSIONAL RECORD — Extensions of Remarks E1039 HONORING DANIEL J. BADER, RE- Miami-Dade Community College in Miami, ers in the process. But, only after it was all CIPIENT OF THE 1999 COMMUNITY Florida, for her contributions as a speech-pa- over did I grasp the concept of ‘‘service.’’ SERVICE HUMAN RELATIONS thology professor towards the emotional bet- Service to my God, service to my country. AWARD terment of all people. Dr. Dale is the director When I got home I found other places to vol- unteer; I help Red Cross, if any disasters of the Speech and Hearing Clinic at Miami- happen and they need help collecting food or HON. GERALD D. KLECZKA Dade Community College's Kendall Campus, handing out blankets, I’ll be there. I also OF WISCONSIN where she has taught for 23 years. help at the food bank, sorting cans that peo- IN THE HOUSE OF REPRESENTATIVES Previously, Dr. Dale was a bilingual speech ple donate so the families less fortunate can pathologist in Dade and Broward County pub- eat. Giving up Saturdays and spending a Thursday, May 20, 1999 lic schools. She holds a Ph.D. in speech pa- week helping others seems trivial, in com- Mr. KLECZKA. Mr. Speaker, I rise today to thology and linguistics. parison to this boy who gave his life to save honor Daniel J. Bader, recipient of the 1999 Recently, Dr. Dale published a book on as- others, but it’s a beginning. Community Service Human Relations Award sertiveness which she hopes will help women I got a great start at home. My parents from the Milwaukee Chapter of the American to develop self-esteem. Dr. Dale believes that have instilled in me the desire to help other Jewish Committee. low self-esteem is far too pervasive in Amer- people improve their lives. My parents Mr. Bader is president of the Helen Bader ica, particularly among women. Based on stressed the need for helping others, because Foundation, which has awarded more than anecdotes from her own life, the book is titled, in helping others everyone lives better. They also taught me to take pride in what I do, $50 million in grants since 1992 with the ex- ``Did You Say Something, Susan? How Any the jobs I hold and what I believe. National press aim of advancing the well-being of peo- Woman Can Gain Confidence with Assertive pride is something sacred. All Americans ple and promoting successful relationships Communication.'' have lost family and friends to have these with their families and communities. As presi- It is a privilege to pay tribute to Dr. Paulette rights, and the least I can do is maintain the dent, Mr. Bader leads the foundation's day-to- Dale, who uses her vast knowledge and her life they fought for. day interaction with projects and programs in own life experiences to help others. Sometimes my life gets too hectic and cha- the United States, mainly in Wisconsin, and f otic to think about anyone but myself. also Israel. That’s why every day I try to make it a He is a member of the foundation's seven- HONORING MISS AFTON STANFORD point to do something, however little for member board of directors, which evaluates someone else. From sweeping leaves for an grant proposals and provides strategic over- HON. GENE TAYLOR elderly neighbor to working at the food bank I try to pitch in. Helping is contagious. When sight of the foundation's grants programs, OF MISSISSIPPI mainly in the areas of Alzheimer's disease and I have volunteered, my friends have seen how IN THE HOUSE OF REPRESENTATIVES much I loved the people I helped and the dementia, early childhood development in Thursday, May 20, 1999 work and they have begun to volunteer too. Israel, economic development, education, If each American has this attitude it will Jewish life, and learning and supporting pro- Mr. TAYLOR of Mississippi. Mr. Speaker, it make a big difference. Part of my service to grams for central city children and youth. gives me great pleasure today to honor Miss America is encouraging others to help in any It is noteworthy to recognize the leadership Afton Stanford of Poplarville, MS. Miss Stan- way they can and knowing that every kind- of Mr. Bader and the foundation in the estab- ford is the Mississippi winner of the 1999 ness honors the people who’ve gone before lishment of the American Jewish Committee's Voice of Democracy broadcast script-writing us. Hands Across the Campus program, which contest sponsored by the Veterans of Foreign I believe that being an American citizen was given its ``jump-start'' in Milwaukee. The Wars. As reward for her script, she received a means helping others in need. This is one of program's innovative curriculum and leader- VFW scholarship and an all-expense paid trip the strongest values of Americans. For a ship development program now operates in to Washington, DC to compete with other na- young man to throw himself on a land mine five school districts in southeastern Wisconsin. tional finalists. to save his platoon exemplifies the ideals of Each year hundreds of high school students The VFW's Voice of Democracy Program is self-sacrifice and service that is the corner stone of America. While I’m standing here are given hands-on experience in bridge build- a national essay competition that allows high school students the opportunity to share their looking at this display of congressional ing, conflict resolution, anti-bias activities and honor, I wonder how his mother felt. The last the deconstruction of prejudice. The Bader opinions on service, sacrifice and responsi- time she ironed his uniform and picked off Foundation enabled the Milwaukee Chapter of bility to their country. The 1998±99 competi- the little stray threads for this display, was the American Jewish Committee to provide tion theme was ``My Service to America,'' in she aware of how much I appreciate what her teacher training for practitioners of the Hands which students reflected on their individual in- son gave up and what she gave up through program. volvement in local communities. Out of the him? I only hope that my little sacrifices Mr. Bader is partner in Granite Micro- 80,000 participants, Miss Stanford was one of and services will be able to honor his death systems, Inc., a Mequon-based computer fifty-four finalists, and it gives me great pride and all deaths that make the quality of life to share her winning essay with you. that I enjoy possible. I can only hope that hardware firm. He holds a bachelor's degree one day I’ll be able to give a service of this in business administration from the Rochester MY SERVICE TO AMERICA magnitude to my country. Institute of Technology. A Milwaukee native, (By Afton Stanford) ‘‘Greater love has no one than this, than to he and his wife, Linda, reside with their son on As I stand looking through the thick glass lay down one’s life for his friends.’’ (John Milwaukee's east side. protecting the faded blue uniform, and the 15:13) As I walk away I hope to take a little Mr. Speaker, it is with great pride and pleas- yellowed photograph I wonder how old this inspiration from this boy who selflessly em- ure that I commend Daniel J. Bader for his boy was. If it were not for the fact that he bodied these values. outstanding and innovative contributions to the was in the military, I’d say he were my age. He looks like a boy in my chemistry class, community, and congratulate him as a most f deserving recipient of the 1999 Community you know the silent type that grins a lot but Service Human Relations Award from the Mil- really never says much. I’m not sure if that is what he really was like, but I’d like to PERSONAL EXPLANATION waukee Chapter of the American Jewish Com- think so. Who would ever believe that this mittee. young kid would ever have the chance to f save others. When I look into his eyes, I HON. XAVIER BECERRA don’t see a kid who wants to be a hero, I see A TRIBUTE TO DR. PAULETTE a kid ready to experience life. Maybe he was OF CALIFORNIA DALE OF MIAMI-DADE COMMU- a little uncertain about his future, or even IN THE HOUSE OF REPRESENTATIVES NITY COLLEGE wondering if he made the right decision in joining the military, whatever it was I can Thursday, May 20, 1999 imagine a mixture of emotions swirling HON. CARRIE P. MEEK through his dark eyes. At 18, many people OF FLORIDA Mr. BECERRA. Mr. Speaker, on May 13, might think a kid knows nothing about sac- 1999, I was unavoidably detained during a IN THE HOUSE OF REPRESENTATIVES rifice. But this boy, this young boy, made rollcall vote: number 129, on the Sanders of Thursday, May 20, 1999 the ultimate sacrifice. A few summers ago, I volunteered for a Vermont amendment, as amended, to H.R. Mrs. MEEK of Florida. Mr. Speaker, I rise women’s crisis shelter. At the time I thought 1555, Intelligence Authorization. Had I been today to pay tribute to Dr. Paulette Dale of it was fun, meeting new people, helping oth- present for the vote, I would have voted ``no.'' E1040 CONGRESSIONAL RECORD — Extensions of Remarks May 20, 1999 TRIBUTE TO TERMINAL PARK TRIBUTE TO BROOKE GROVE Valley with a heart.'' I am pleased and proud ELEMENTARY SCHOOL ELEMENTARY to join in a community-wide salute as Father Lackenmier leaves Northeastern Pennsylvania HON. CONSTANCE A. MORELLA for new pursuits. HON. ADAM SMITH OF MARYLAND The eldest son of Harold and Margaret Mur- IN THE HOUSE OF REPRESENTATIVES phy Lackenmier, Father Lackenmier was born OF WASHINGTON in Lackawanna, New York. He graduated from IN THE HOUSE OF REPRESENTATIVES Thursday, May 20, 1999 Canisius High School in Buffalo, New York in Mrs. MORELLA. Mr. Speaker, I am proud to 1956, entered the congregation of Holy Cross Thursday, May 20, 1999 pay tribute to the faculty, parents, and stu- in 1957, and was ordained in Rome in 1964. Mr. SMITH of Washington. Mr. Speaker, it dents of Brooke Grove Elementary School in Father Lackenmier earned his Bachelor of Arts gives me great pleasure to congratulate Ter- Montgomery County, MD, for winning the Blue degree from Stonehill College in Massachu- minal Park Elementary School in Auburn, Ribbon Excellence in Education Award from setts and his S.T.L. from the Pontifical Grego- Washington, for their selection as a Blue Rib- the Department of Education. rian University in Rome. Father Lackenmier Students, parents, and teachers at Brooke went on to receive a master's degree in bon School. It is an honor to have this school, Grove have forged a partnership dedicated to English from the University of North Carolina located in the Ninth Congressional District, as excellence and committed to the belief that in 1968 and a master's degree in Religion and one of only 266 schools nationwide awarded success is attainable for all students. Partici- Literature from the University of Chicago in this prestigious honor. pation and involvement is of paramount impor- 1970. He has subsequently been awarded six The Blue Ribbon School award is given to tance and evident throughout all aspects of honorary degrees from Our Lady of Holy schools that do an outstanding job of meeting learning and teaching. Cross College in New Orleans, University of local, state, and national goals, and display Brooke Grove has implemented The William Portland, Wilkes University, College the qualities of excellence that are necessary and Mary Language Arts Program for Highly Misericordia, Luzerne County Community Col- to prepare our young people for the chal- Able Learners; Reading Recovery Program, lege, and the University of Scranton. lenges of the next century. More specifically, which is an internationally recognized interven- Education has been Father Lackenmier's to receive the award, schools must have tion program. The school uses Math and focus; he served first as an English teacher in strong leaders; a clear vision, and sense of Science Clubs, Science Hands-on kits, Math Notre Dame High School in Connecticut and mission that is shared by all connected with Content Connections, funded by the National later as the chair of the English department at the school; high-quality teaching; challenging, Science Foundation, computer labs, and a re- St. Peter's High School in Gloucester, Massa- up-to-date curriculum; policies and practices search/learning hub to enable children to ac- chusetts. Father Lackenmier served as the that ensure a safe environment conducive to quire skills and learn how to problem solve for chaplin at St. Xavier College in Chicago and learning; a solid commitment to parental in- the future. later as the director of the Collegiate Forma- volvement; and evidence that the school helps At Brooke Grove staff training is essential to tion program at Notre Dame's Moreau Semi- all students to achieve high standards. the instructional process. New teachers partici- nary in Indiana. In 1974, Father Lackenmier arrived at King's College in Wilkes-Barre to I commend the staff, students, and parents pate in 1 week of training prior to joining the staff and have a coach-mentor throughout serve first as the Director of Campus Ministry, of Terminal Park Elementary School for their their first year of service. A large number of then later as Director of Development, and fi- hard work in building an effective community teachers were trained in numerous staff devel- nally as President. for learning. The focus on literacy and assur- opment initiatives, which include The William Mr. Speaker, Father Lackenmier has had a ing students obtain the essential skills needed and Mary Curriculum; AEMP, Science and Ex- distinguished career while here with us in for life is absolutely necessary and I am glad pository Reading; and Gifted and Talented In- Northeastern Pennsylvania. He serves on a we have Terminal Park Elementary School as struction. long list of Boards and belongs to the pres- an example for how we need to work toward The faculty at Brooke Grove has dem- tigious Pennsylvania Society, the Knights of educating our children. onstrated innovative and creative avenues for Columbus, and the Rotary Club, where he is acknowledging and motivating students. The a Paul Harris Fellow. He has been awarded f environment is one in which children want to the Distinguished Eagle Scout Award and the achieve, are supported in their efforts to Wyoming Valley Interfaith Council Citation for CONGRATULATIONS TO PRESIDENT achieve, and are recognized for their accom- Devoted Service to the Cause of Human Wel- LEE TENG-HUI plishments. fare and the Boy Scouts named him their Dis- As a former teacher, I am pleased that tinguished Citizen for 1994. Brooke Grove Elementary School is being rec- Mr. Speaker, I have had the opportunity to HON. JOE SCARBOROUGH ognized for its fine educational and extra- work closely with Father Lackenmier during OF FLORIDA curricular programs. I congratulate its fine fac- my tenure in Congress on various projects, in- cluding the Earth Conservancy, an ambitious IN THE HOUSE OF REPRESENTATIVES ulty, its supportive parents, and its excellent administrators and wish them continued suc- community effort to clean up thousands of Thursday, May 20, 1999 cess in achieving excellence in education. acres of mine-scarred land in the Wyoming f Valley. Father Lackenmier, along with his aca- Mr. SCARBOROUGH. Mr. Speaker, Taiwan, demic colleague Dr. Christopher Breiseth of known as the Republic of China, will be mark- LACKENMIER RETIREMENT Wilkes University, provided great leadership ing its President's third anniversary in office on and courage in guiding what is now an award- May 20, 1999. President Lee Teng-hui, a Tai- HON. PAUL E. KANJORSKI winning organization, especially during its tu- wan-born statesman, should be commended OF PENNSYLVANIA multuous early days. I will be forever grateful for his leadership and vision for his country. IN THE HOUSE OF REPRESENTATIVES for his steadfast devotion to making this President Lee's leadership lies in his ability dream a reality. Thursday, May 20, 1999 I will also be forever grateful for the many to rally his 21 million compatriots into under- Mr. KANJORSKI. Mr. Speaker, I rise today thoughtful gestures he provided to me person- standing that the course Taiwan has chosen, to pay tribute to an extremely well-respected ally over the years, especially his kindness to both economically and politically, is right for community leader, educator, and close per- me and my family during the period following them. President Lee has convinced them that sonal friend, Reverend James R. Lackenmier. the loss of my mother. their future lies in free trade and private enter- On May 20th, Father Lackenmier will step Mr. Speaker, I am pleased to have had the prise as well as in full democracy. With the down as President of King's College in Wilkes- opportunity to bring the accomplishments of help of his compatriots, President Lee will lead Barre, Pennsylvania after twenty-five years of this fine community leader to the attention of the Republic of China to ever greater eco- distinguished service to this fine institution. Fa- my colleagues. In August, Father Lackenmier nomic prosperity at home, while achieving ther Lackenmier combines the rare traits of will go to Salsburg, Austria to direct the Uni- international recognition abroad. having the executive acumen of a Fortune 500 versity of Portland's foreign studies center. He On the occasion of the President's third an- CEO, the devotion to young people of a life- will carry with him my sincere gratitude for a niversary in office, I wish President Lee God- long educator, and the warmth of community job well done and my very best wishes for speed and good fortune. spirit of a man who has truly embraced ``The continued success and fulfillment. CONGRESSIONAL RECORD — Extensions of Remarks E1041 HONORING OLIVE BEASLEY for excellence and they have achieved that peaches, which are grown in many different goal. The non-profit private school was cre- regions of the country. Temporary and migrant HON. DALE E. KILDEE ated ten years ago to promote literacy among workers are critical to meeting the need for OF MICHIGAN children ages 6 to 15 with unique educational farm labor. Congress, through the Migrant and Seasonal Workers Protection Act (MSPA) and IN THE HOUSE OF REPRESENTATIVES needs. They opened their doors in 1989 with 25 students and now have 104 students rep- other initiatives, created a national standard to Thursday, May 20, 1999 resenting six Maryland counties and the Dis- ensure safe working conditions for these work- Mr. KILDEE. Mr. Speaker, I come before trict of Columbia. ers and entrusted enforcement of these laws you today with a heavy heart, as I stand here The Summit School's mission is to leave no and regulations, primarily with the Department to recognize the lifetime achievements of a room for failure. The teachers foster an envi- of Labor. woman who gave much to her family and her ronment where success is an attainable per- The need for effective migrant worker pro- community, in the name of equal rights for all. sonal goal for each and every student. The tections is well recognized; however, current On May 21, the Beasley family, local officials, School houses a media center, an extensive federal policies are placing an unfair burden civic leaders, and members of the Flint, Michi- collection of books, films, tapes and com- upon agricultural employers. In 1997, the De- gan, community will gather to honor the mem- puters with Internet access. In addition to their partment of Labor issued a new interpretation ory of Ms. Olive Beasley of Flint, who died classrooms, the school has transformed a of the joint employer rule found in MSPA that May 13. barn into intimate reading rooms. Their record holds farmers to a stricter standard than other Olive Beasley was born in Chicago, and of achievement thus far is reflective of their employers. The new regulation is written so upon moving to Michigan, worked for the dedication to the needs of their students; since broadly that virtually any grower can be classi- fied as a joint employer for liability purposes. NAACP, where she was an integral part in the The Summit School's creation, seventy per- This is in spite of several court rulings that campaign in favor of Michigan's Fair Employ- cent of the students increased their reading struck down the Department's attempts to in- ment Act. She was later transferred to Flint, in scores by three or more grade levels in 4 terpret the joint employer rule in such a fash- the 1960's, and began a tenure with the Michi- years or less. Seventy-five percent of all ion. Because the new guidelines would apply gan Civil Rights Commission. Olive rose eighth grade graduates go on to attend public to MSPA alone, only agriculture employers are through the ranks, and for 16 years, headed and private schools with only limited support subject to them. This action, combined with the Civil Rights Commission's Flint office. Dur- but great success. overlapping housing regulations, Department ing that time, she also began a long lasting Mr. Speaker, The Summit School is one of of Labor initiatives to classify year-round em- partnership with the Flint Civil Service Com- those great success stories which are often ployees as seasonal workers, onerous federal mission. In fact, Olive was the Civil Service overlooked. the hard working teachers and transportation insurance requirements, and Commisison's longest serving member. Her students of The Summit School have earned other policies are selectively punitive and un- tireless and selfless efforts to ensure that each the right to be called ``A Blue Ribbon School.'' fair to agriculture. and every person received the same opportu- The Blue Ribbon Award is given to schools The MSPA Clarification Act, which I am in- nities for success made her known as one of which display qualities of excellence, high troducing today, seeks to ease the inequitable the area's most staunch advocates, and in quality teaching and up-to-date curriculum. burden on farmers. The bill would restore the many eyes, Olive was indeed the mother of The Summit school embodies all of these original definition of joint employer and make Flint's civil rights movement. qualities and more. other common sense changes in the regu- Olive was a steadfast member of the Flint The school motto, ``Teachers of Excellence'' latory structure governing agricultural labor. It community, and constantly served as a role guides the educators in this institution as they would clarify that farm workers who enter into model and counselor for people throughout work hard to bring out the best in their stu- voluntary carpool arrangements should not be the city, including many city officials, who dents. Teachers conduct lengthy staff meet- classified by the Department of Labor as li- turned to her for advice and insight. Many of ings on a regular basis to address individual censed farm labor contractors in violation of Flint's most prominent public servants credit student's needs. They also undergo year- MSPA; grant farmers a 10-day grace period in their involvement in politics and activism to Ol- round training to constantly enhance their which they may correct MSPA violations; ive's influence. Her dedication to civil rights teaching skills. streamline worker housing regulations; and re- extended beyond the Civil Rights Commission, Mr. Speaker, I am proud to have The Sum- quire federal investigators to confer with grow- as she became a member and served on the mit School in my Congressional District. I ask ers prior to entering the farm operation. boards of such groups as the Urban League my colleagues to join me in congratulating the The MSPA Clarification Act does not weak- of Flint, the Urban Coalition of Greater Flint, teachers, parents, students and community en or do away with the basic protections af- the Legal Aid Society, and the advisory board members who have made this school an insti- forded to migrant workers under MSPA. It of WFUM, the public television station of the tution that should serve as a model for merely seeks to provide for a reasonable rela- University of Michigan-Flint. schools around the state and throughout the tionship between growers and the government Mr. Speaker, the Flint area, as well as the country. by returning to the original intent of Congress entire state of Michigan has lost one of its f for MSPA. The legislation is supported by the strongest advocates for civil rights. Olive American Farm Bureau Federation and other Beasley will always be remembered as a giant INTRODUCTION OF THE MSPA agricultural groups from around the country. It person in the community. The respect she CLARIFICATION ACT OF 1999 has the bipartisan support of many in Con- commanded from everyone she came into gress. I look forward to working with my col- contact with was tremendous. My sincerest HON. CHARLES T. CANADY leagues to ensure a safe and productive farm workplace through this important piece of leg- condolences go out to her family. She will be OF FLORIDA islation. sorely missed. IN THE HOUSE OF REPRESENTATIVES f f Thursday, May 20, 1999 CAPTAIN DONALD E. PETERS, USN CONGRATULATING THE SUMMIT Mr. CANADY of Florida. Mr. Speaker, Amer- SCHOOL ON BEING NAMED A ica's farming community plays a vital role in BLUE RIBBON SCHOOL the prosperity of the nation. Our growers are HON. SOLOMON P. ORTIZ facing tremendous challenges as the world OF TEXAS HON. STENY H. HOYER economy changesÐchanges in international IN THE HOUSE OF REPRESENTATIVES Thursday, May 20, 1999 OF MARYLAND competition, environmental stewardship, and IN THE HOUSE OF REPRESENTATIVES providing for the nutritional needs of the plan- Mr. ORTIZ. Mr. Speaker, I rise today to pay et's growing population. Given these pres- tribute to a great American warrior, Captain Thursday, May 20, 1999 sures, farmers should not have to contend Donald E. Peters, of the United States Navy. Mr. HOYER. Mr. Speaker, I rise today to with government agencies that overstep regu- Captain Peters will end his 30 year career recognize The Summit School of Edgewater, latory boundaries set by Congress. Unfortu- with the Navy on May 28, 1999, a career that Maryland on being named a 1998±1999 Blue nately, this is precisely what is happening. has included a host of commands. Most nota- Ribbon School by the United States Depart- Agriculture is a labor-intensive industry, par- bly for South Texas, one of those commands ment of Education. ticularly during the planting and harvesting included the Mine Warfare Center of Excel- This is a special honor because The Sum- seasons. This is especially true for specialty lence at Naval Station Ingleside (NSI) on the mit School is a special institution. They strive crops such as citrus, vegetables, apples, and Bay of Corpus Christi. E1042 CONGRESSIONAL RECORD — Extensions of Remarks May 20, 1999 I was always taken with Captain Peters' When Winston left my office, he continued Early in 1994, Ethicon began to use a new style of leadership; his philosophy seemed to his advocacy of the industry at U.S. Wheat sterilization process for its sutures. Shortly be: ``Shut up and do it.'' He led by example. Associates, where he served as President thereafter, the company discovered that sev- He became involved, and stayed involved, in until 1997. He also was Chairman of the U.S. eral batches were contaminated. The com- all the things that affected Naval Station Agricultural Export Development Council, pany decided to resterilize these sutures and Ingleside's mission or the sailors there. founding member of the U.S. Grain Quality then distribute them on the market. This prac- Captain Peters' most significant accomplish- Workshop, a former President of the National tice continued for several months. Eventually, ment at NSI was the leadership he showed in Association of Wheat Growers, and a member Ethicon stopped using the new procedure and effort and innovation, an accomplishment that of the U.S. Agriculture Department's Trade switched to other sterilization techniques. Dur- won a presidential tribute for NSI. NSI was Advisory Committee. ing this time, Ethicon officials never contacted recognized with the annual Commander in More than anything, Winston committed his FDA to report the problem it was having with Chief's Installation Excellence Award in 1997. life to the advocacy of American wheat. He the sterilizer. Indeed, the FDA did not discover The base was chosen from among 135 instal- spent a great portion of his life working hard the problem until it conducted one of its rou- lations world-wide, and was selected from to develop overseas markets for U.S. farmers, tine inspections. These routine inspections among 11 semi-finalists. and he developed strategies and programs to occur once every two to three years. It was innovation in the following areas that build export demand for U.S. wheat. U.S. The FDA did send a Warning Letter to attracted the award: leadership, retention of Wheat Associates, with whom Winston had Ethicon citing significant deviations from Good personnel, equal employment opportunity, such a long relationship, is a worldwide orga- Manufacturing Practices. By September, community relations, energy conservation, pol- nization supported by wheat producers in Ethicon decided to recall the sutures it had lution prevention, food service excellence and Texas and 17 other states along with USDA's produced. In other words, many months recreational activities. Foreign Agricultural Service. Under Winston's passed between the initial problems with the Captain Peters' service and leadership was leadership, the organization has been suc- sterilization procedure and eventual recall. I pivotal in the development of NSI. In 1992, cessful in establishing and servicing markets can only speculate what would have hap- NSI began with 500 sailors. By the end of for up to 60 percent of the wheat produced in pened, or not happened, if the FDA had not 1996, just prior to this award, it had over the U.S. and up to 80 percent of the wheat caught the problems with the sterilizer. 4,000 personnel, making it one of the Navy's produced in Texas. The farm economy is The next sequence of events is what I really fastest growing military facilities. Continuing struggling at the present time but without Win- find troubling. Ethicon issued its recall accord- that trend, by next year, NSI will have around ston's efforts, our struggles would be far great- ing to FDA regulations. However, the letter of 5,000 military and civilian employees at the er. the law requires only that Ethicon contact dis- base. Winston is survived by a lovely wife and tributors and hospitals, not the surgeons who In 1995, Captain Peters streamlined the daughters, who we will continue to hold in our use the sutures. This means that surgeons base's administrative staff from nine depart- prayers as they deal with this great loss. They across the nation were performing operations ment to five departments. The move made op- and all of Winston's friends, not to be men- and using sutures that were subject to a na- erations more efficient and responsive to the tioning the entire wheat industry, are enor- tional recall. While Ethicon followed the letter needs of the sailors. Military organizations mously proud of what Winston accomplished of the law, I would think that a corporation tend to note efficient models of success, and in his life. We have many fondÐand often dedicated to the health of patients would have NSI's administrative operations were rapidly times amusingÐmemories of our time with take a more aggressive stance to ensure that adopted Navy-wide for emulation at similar- Winston and we will always treasure those its sutures would be removed from supply sized installations. thoughts. rooms and surgical kits. Mr. Speaker, I ask my colleagues to join me For those of us who are left behind, even According to FDA documents only 2% of the today in paying tribute to a lifetime of service the longest life of a loved one seems too suspect sutures were recovered in the recall. by Captain Donald E. Peters, a real American short. So, in instances such as this untimely Somehow, leaving 98% of the suspect sutures patriot and hero. death, it is impossible not to feel cheated out on the market and unaccounted for seemed to f of many years which we had hoped to share. be acceptable to the FDA. They considered We feel a great loss this week but we also TRIBUTE TO WINSTON WILSON the recall completed and closed in June of celebrate the life Winston Wilson lived. He will 1995. remain in our hearts, thoughts and prayers. Since 1994, over 100 cases of severe post- HON. CHARLES W. STENHOLM f operative infections have occurred in patients OF TEXAS who claim that the infection was due to con- IN THE HOUSE OF REPRESENTATIVES CONCERN OVER SAFETY taminated sutures. Lance Williams of the San Thursday, May 20, 1999 HON. FORTNEY PETE STARK Francisco Examiner has written a series of ar- Mr. STENHOLM. Mr. Speaker, this week the OF CALIFORNIA ticles (2/21/1999 & 2/22/1999) describing the Nation, and particularly the agricultural indus- IN THE HOUSE OF REPRESENTATIVES pain and suffering that these people experi- try, lost one of its most important assets, Win- enced. Ethicon has settled many of these ston Wilson. Winston made a difference for his Thursday, May 20, 1999 cases out of court with exceptionally strong family, his community, his industry and for this Mr. STARK. Mr. Speaker, I rise today to ex- confidentiality requirements. Because the country. press my grave concern over the safety of records are sealed, we cannot determine the I got to know Winston before either one of medical devices and the effectiveness of gov- potential threat to public health by examining us moved to Washington. Following his serv- ernment agencies directed to protect the pub- the details of the cases. ice as Deputy Undersecretary of Agriculture in lic from unsafe products. We have all read We may never know with certainty whether the Carter Administration, Winston came to my stories in the newspapers about drugs that the sutures were contaminated and lead to the Congressional office as Administrative Assist- have been recalled because they were rushed postoperative infections. According to a letter ant. His time in my office was briefÐjust about to market without adequate testing. Many crit- from the FDA, ``Since typically, 20 units are a year from December 1980 to November ics of our current policies argue that we have tested per batch, the finding of ten units were 1981Ðbut that was plenty of time for Winston put the profit motive ahead of the health and positive results is not conclusive. It is difficult and his wife Mickie, and daughters Michelle well being of patients. I agree and have yet to conclude whether these results mean that and Missy, to endear themselves to us and to another example that the system may have the sutures were contaminated or that con- become a permanent part of our office family. failed to protect the health of patients. tamination occurred during the testing.'' In an era where the voices of agriculture are Ethicon is a subsidiary of Johnson & John- Even more amazing is the fact that Ethicon becoming fewer and fainter, Winston stood out son and makes surgical equipment. It is the destroyed all the sutures recovered in the re- as one of the most effective spokespersons nation's largest manufacturer of sutures used call. Therefore, we cannot know if the recalled for the wheat farmers from whom he came. for deep tissue surgeries. In 1994, Ethicon re- sutures were contaminated or sterile. His Daddy trained him well in the fields at called over 3.5 million boxes of its Vicryl su- Our constituents depend upon sound federal Quanah, giving him the kind of Texas common tures because the sutures may have been regulation to protect them from harm. Few of sense that few possess at the national level. contaminated during the manufacturing proc- us have the technical expertise to determine Winston never forgot his roots, even though ess. What I find especially disturbing about which drugs are safe to treat what ails us or he traveled the world over in promotion of this episode is how the company and FDA re- the ability to know how we may be infected by U.S. Agriculture. sponded to the problem. contaminated surgical devices. Rather, we CONGRESSIONAL RECORD — Extensions of Remarks E1043 must depend upon a sound system of checks ability, high standards and responsiveness. I As a result of these courses we have seen and oversight to ensure that the medicines offer a recent letter for the RECORD, submitted veteran teachers begin to write rubrics for and tools our physicians use are good and will to me by Mr. Rod Blunck, Superintendent of their students in areas such as science, in- not harm us. In addition, corporations that Schools. dustrial arts and other curricular areas. make their money selling health products have Julesburg's no-nonsense, no-excuses ap- With this type of staff development teachers have a direct responsibility for their salary the moral and ethical obligation to take every proach to raising test scores has several steps. First, the salary schedule is based en- increases and we as a district are able to de- precaution to protect consumers. termine what classes and professional f tirely on professional development. This incen- growth opportunities align with our District tive for personal initiative and improvement goals. A TRIBUTE TO HENRY T. has a direct bearing on classroom quality. In BRAUCHLE ELEMENTARY the near future, the system will be enhanced I also wanted to let you know that I have had initial discussion with our teacher rep- SCHOOL: RECIPIENT OF THE to include extra compensation opportunities UNITED STATES DEPARTMENT resentatives about extra compensation op- based on student achievement. portunities based on student achievement OF EDUCATION BLUE RIBBON Secondly, the responsibility for student scores. We have already determined that we SCHOOL AWARD achievement is carried out by everyone in the will be a data-driven, result-oriented organi- organization, not just the teachers. Their goal, zation that is willing to compensate teach- HON. CHARLES A. GONZALEZ as a staff, is to become a results-oriented or- ing staff for increased student achievement. OF TEXAS ganization in which everyone has responsi- I anticipate that this program will be fully bility for the outcome. funded and implemented for the 00–01 school IN THE HOUSE OF REPRESENTATIVES Thirdly, the District is strengthening its ac- year. Thursday, May 20, 1999 countability to the community by developing As an example, of our goal of being a result Mr. GONZALEZ. Mr. Speaker, I rise today school report cards and community presen- oriented organization I would like to take a to offer my sincerest congratulations to Henry tations. minute to share with you an incident that T. Brauchle Elementary School in San Anto- I would like to summarize with a quote happened after we received the results of the nio, TX, upon the notification of their receipt of taken from Superintendent Blunck's letter. The CSAP testing. After receiving the results we the Blue Ribbon School Award. letter quotes author Robert Greenleaf, ``Great noticed that we had declined 25% in reading Schools are awarded the Blue Ribbon ideas, it has been said, come into the world as and 33% in writing from the previous year. School Award based on their performance in gently as doves. Perhaps then, if we listen at- Given these known facts we wrote a remedi- ation plan to help us improve our scores. Our regard to several criteria, including: student tentively, we shall hear, amid the uproar of empires and nations, a faint flutter of wings, remediation included two clauses that I focus and support; active teaching and learn- would like to bring to your attention. The ing; school organization and culture; chal- the gentle stirring of life and hope.'' Accountability is a popular by-word today, first being that, ‘‘we would offer no excuses.’’ lenging standards and curriculum; professional yet few are willing to put this concept to the We would not discuss the test, its norming community; leadership and educational vitality; test. In Northeast Colorado, far from Denver, samples nor the socio-economic status of our school, family, and community partnerships; children taking the test. In essence we ac- far from the noisy rancor of Washington, far and indicators of success. cepted full responsibility for our results. The from the proposals and speeches, there are Henry T. Brauchle Elementary School joins second caveat that I would like for you to people who are making a difference with quiet know is that the remediation plan included three schools in San Antonio and forty other confidence. Texas schools, all of which excelled in these the Superintendent of Schools and the Board JULESBURG SCHOOL DISTRICT RE–1, areas and were rewarded with the Blue Rib- of Education. Thus, to reiterate your point Julesburg, Co, April 18, 1999. in your speech, in the Julesburg School Dis- bon School Award from the United States De- Hon. BOB SCHAFFER, trict Re-1 accountability for student partment of Education. Cannon House Office Building, achievement is placed upon the entire orga- To receive consideration for this prestigious Washington, DC. nization not just the classroom teacher. In award, schools must be recommended for na- DEAR CONGRESSMAN SCHAFFER: I recently fact, our remediation plan is a public docu- tional recognition by their individual state de- had the pleasure of hearing you speak to a ment that is open for our constituents to partment of education or sponsoring agency. group of people in Julesburg during your re- view. In Julesburg, Colorado, student cess. I was a member of the audience that Nominations are then evaluated by a National achievement is the very crux of our account- day and I wanted to take a minute to tell ability and our decision-making processes. Review Panel including the Department of you that I look forward to your leadership in We will not just collect data; our future will Education, the Department of Defense, the the educational arena and I anticipate great be driven by it. Bureau of Indian Affairs, the Council for Amer- possibilities for education under your admin- ican Private Education and a select group of istration. As I listened to you that day it is Our next step of this accountability proc- educators from around the country. The Sec- my understanding that you are the type of ess is the development of a local report card. retary of Education then makes a final deter- leader and congressman who would appre- In addition to printing and publishing our mination based on the recommendations of ciate what I am about to share with you. local report card we are going to hold a pub- I would like to bring it to your attention lic local ‘‘shareholders’’ meeting. At this this panel. that a number of the reforms that you spoke meeting we will furnish to our community a In receiving this special recognition, I be- of on that day are already being imple- ‘‘state of the school’’ presentation. This lieve that Henry T. Brauchle Elementary mented in the Julesburg School District. presentation will include fiscal information School will inspire others to provide the level First of all, we do not have the traditional as well as student achievement information. of quality education that this Blue Ribbon vertical/horizontal salary schedule that is It is our intention that this ‘‘shareholder’’ School Award merits. I am proud to represent used by most districts in the State. Our meeting will become a tradition in the a district and hail from a state that has clearly schedule is entirely based upon professional Julesburg community. development. Within the past year, we have placed an emphasis on the education of our implemented the Julesburg Professional De- Congressman Schaffer, I share this infor- children. velopment Academy where teachers can take mation with you because people with shared f professional growth classes that in turn have goals should communicate to maximize the a direct effect upon their salary and that are positive effect for our students. As I close, I EDUCATION REFORM IN specifically directed at increased student would like to share a quote with you. Robert JULESBURG, COLORADO achievement. This allows us, as a district, to Greenleaf, in his book Servant Leadership tailor the classes that teachers take to in- cites the following passage, ‘‘Great ideas, it sure that the requested courses correlate has been said, come into the world as gently HON. BOB SCHAFFER with our District goals of improved student as doves. Perhaps then, if we listen atten- OF COLORADO achievement. Some of the courses that have tively, we shall hear, amid the uproar of em- IN THE HOUSE OF REPRESENTATIVES been and will be offered through this pro- pires and nations, a faint flutter of wings, Thursday, May 20, 1999 gram are: the gentle stirring of life and hope.’’ Con- Teaching reading and Writing in the con- gressman, you and I both know that the fu- Mr. SCHAFFER. Mr. Speaker, I rise today tent area ture of education is very bright in Colorado. to speak to the House of Representatives Using the computer to enhance instruction The Colorado Writing Project If I can be of any assistance to you in our about the education reforms implemented by Working with Special Needs students in shared purpose please feel free to call on me. the Julesburg School District in Julesburg, the regular classroom Sincerely, Colorado. The district's common sense re- Standards and Assessments—How do they ROD L. BLUNCK, forms emphasize personal initiative, account- affect the classroom teacher Superintendent of Schools. E1044 CONGRESSIONAL RECORD — Extensions of Remarks May 20, 1999 HONORING COMMUNITY PROTES- TRIBUTE TO REV. RICHARD To receive consideration for this prestigious TANT CHURCH OF CO-OP CITY ANDRUS award, schools must be recommended for na- tional recognition by their individual state de- HON. ELIOT L. ENGEL HON. DAVID E. BONIOR partment of education or sponsoring agency. OF NEW YORK OF MICHIGAN Nominations are then evaluated by a National IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Review Panel including the Department of Thursday, May 20, 1999 Thursday, May 20, 1999 Education, the Department of Defense, the Bureau of Indian Affairs, the Council for Amer- Mr. ENGEL. Mr. Speaker, a church can be Mr. BONIOR. Mr. Speaker, today I would ica Private Education and a select group of the mainstay of a community, the bond which like to congratulate, Rev. Richard Andrus upon educators from around the country. The Sec- holds its people together in common purpose. his retirement from the ministry. His parish- retary of Education then makes a final deter- In the Bronx, the Co-op City community is for- ioners, colleagues, family and friends will mination based on the recommendations of tunate to have such a church, the Community honor him with a retirement dinner at the First this panel. Protestant Church of Co-op City. United Methodist Church in Mount Clemens, In receiving this special recognition, I be- And today I rise to congratulate that won- MI. lieve that Glen Oaks Elementary School will derful institution and its worshippers who are Born in Reese, MI, in 1937, Reverend inspire others to provide the level of quality celebrating the church's 30th anniversary. Andrus has dedicated much of his life to serv- education that this Blue Ribbon School Award The Community Protestant Church started ing others. He entered the ministry in 1967, merits. I am proud to represent a district and humbly enough with the organizational meet- and has been a leader in nine different hail from a state that has clearly placed an ing of co-operators, as residents of Co-op City churches throughout his exemplary career. emphasis on the education of our children. are called, in the spring of 1969. Initially serv- Currently, Reverend Andrus serves at the First f ices were held in the homes on a rotating United Methodist Church in Mount Clemens. basis before moving to a community room. He has been with the church for 7 years. EDUCATION REFORM, A RURAL Visiting ministers were provided by the Council Prior to his arrival at First United Methodist PERSPECTIVE of Churches on a weekly basis. The following Church in Mount Clemens, Reverend Andrus year Temple Beth-El shared its space with the served in several area churches, including the HON. BOB SCHAFFER Church and the Rev. Julius Sasportas volun- Warren First United Methodist Church and the OF COLORADO teered to serve as pastor. Warren Wesley Church. Prior to that, he was IN THE HOUSE OF REPRESENTATIVES It was on March 21, 1971, that the church assigned to the New Baltimore Congregation was officially incorporated. That same year the and built the Grace United Methodist Church. Thursday, May 20, 1999 church acquired and renovated space at 2053 Reverend Andrus is a tireless advocate for Mr. SCHAFFER. Mr. Speaker, I rise today Asch Loop North and in May of the following the people of Macomb County. He formed the to recognize Mr. Gerald Keefe, Superintendent year moved into its new quarters. In Decem- Macomb County Ministerium and has been a of Kit Carson School District R±1 and a mem- ber, 1972, the Rev. Daniel Ward was sent by member of the Macomb Emergency Shelter ber of my Fourth Congressional District Edu- the Southern Baptist Convention to serve as Coalition for the last 10 years. Reverend cation Advisory Board. I would like to enter Pastor. Andrus is also a member of the Jail Ministry, into the RECORD a recent letter from him on In the following years more space was ac- the Healthier Macomb Organization and the education reform. quired and in 1976 the Rev. Dr. Calvin E. Rotary Club. While serving in New Baltimore, Superintendent Keefe's common sense Owens became the spiritual leader of the he was also the Chaplain for the Civil Air Pa- ideas emphasize the importance of basic val- church. New land was acquired for a perma- trol at Selfridge Air Force Base. ues, including respect for elders, peers, teach- nent home and in November 3, 1994, For more than 32 years, Rev. Richard ers and community. Creating a school culture groundbreaking ceremonies were held. Andrus has given his time, love and patience which affirms values is central not only to the I congratulate the Community Protestant to the people he has served. Now, it is my success of the school but to the stability of so- Church on its 30th anniversary and wish the honor to give Reverend Andrus my heartfelt ciety. To generate an environment of respect, church many more years in the community. congratulations as he celebrates his retire- schools should adopt high standards and good f ment. discipline measures. f Secondly, Superintendent Keefe stresses IN HONOR OF ST. JOSEPH the need for local control. He believes cutting WORSHIP SPACE A TRIBUTE TO GLEN OAKS ELE- federal red tape to ensure money gets to the MENTARY SCHOOL; RECIPIENT classroom is essential. Streamlining regula- HON. DENNIS J. KUCINICH OF THE UNITED STATES DE- tions, especially those revolving around the In- OF OHIO PARTMENT OF EDUCATION BLUE dividuals with Disabilities Act is also necessary IN THE HOUSE OF REPRESENTATIVES RIBBON SCHOOL AWARD to ensure each child gets the attention he or Thursday, May 20, 1999 she needs to achieve. HON. CHARLES A. GONZALEZ I look forward to working with Super- Mr. KUCINICH. Mr. Speaker, I rise today to OF TEXAS intendent Keefe as the Committee on Edu- honor the dedication of the St. Joseph Wor- IN THE HOUSE OF REPRESENTATIVES cation and Workforce, of which I am a mem- ship Space. The Worship Space is an environment Thursday, May 20, 1999 ber, undertakes the reauthorization of the Ele- where, through private devotion and liturgical Mr. GONZALEZ. Mr. Speaker, I rise today mentary and Secondary Education Act, the celebration, the sisters of St. Joseph may be to offer my sincerest congratulations to Glen primary source of education funding. I would like to finish with a quote from au- united with God and with one another. The Oaks Elementary School in San Antonio, TX, thor Robert Greenleaf: ``Great ideas, it has Worship Space provides the congregation with upon the notification of their receipt of the been said, come into the world as gently as a much-needed facility where the sisters of St. Blue Ribbon School Award. doves. Perhaps then, if we listen attentively, Joseph and the community can gather to wor- Schools are awarded the Blue Ribbon we shall hear, amid the uproar of empires and ship. School Award based on their performance in A Reservation Chapel has been set up for regards to several criteria, including: student nations, a faint flutter of wings, the gentle stir- the use of private devotion to the Blessed focus and support; active teaching and learn- ring of life and hope.'' In rural Colorado, far from Denver, far from Sacrament. The Reconciliation Chapel has ing; school organization and culture; chal- the noisy rancor of Washington, far from the been built and is dedicated for the reception of lenging standard and curriculum; professional proposals and speeches, there are people the Sacrament of Reconciliation. Also, seating community; leadership and educational vitality; who are making a difference with quiet con- for 250 people is available for liturgy, meet- school, family, and community partnerships; fidence. ings, jubilees, Chapter assemblies, and, a and indicators of success. gathering room has been established where Glen Oaks Elementary joins three other KIT CARSON SCHOOL DISTRICT R–1, Kit Carson, CO. the sisters can meet as well as extend their schools in San Antonio and forty other Texas Congressman BOB SCHAFFER, hospitality to the congregation. schools, all of which excelled in these areas Cannon House Office Building, My fellow colleagues, please join me hon- and were rewarded with the Blue Ribbon Washington, DC. oring the dedication of the Sisters of St. Jo- School Award from the United States Depart- DEAR CONGRESSMAN SCHAFFER, First let me seph Worship Space. ment of Education. commend you on the outstanding job you are CONGRESSIONAL RECORD — Extensions of Remarks E1045 doing in reforming public education. It’s a HONORING JUDGE ASCHER KATZ IN CELEBRATION OF REV. MSGR. tough task as you know and I admire your GERARD LA CERRA efforts. HON. ELIOT L. ENGEL I was intrigued by the findings of the Edu- OF NEW YORK HON. LINCOLN DIAZ-BALART cation at a Crossroads report that high- IN THE HOUSE OF REPRESENTATIVES OF FLORIDA lighted characteristics of successful schools. Thursday, May 20, 1999 IN THE HOUSE OF REPRESENTATIVES I wholeheartedly agreed with that report and Thursday, May 20, 1999 I would like to briefly touch on those find- Mr. ENGEL. Mr. Speaker, today I rise to ings and offer a few other comments as well. speak in praise of a man who has devoted Mr. DIAZ-BALART. Mr. Speaker, I rise today Please understand that I offer a rural per- himself to his community. Judge Ascher Katz to honor a man who has devoted his life to spective on education and as such my back- is not only Administrative Town Judge of God and who has served faithfully as a priest ground and feelings may differ from those of Greenburgh, serving on the bench for 23 for 30 years. Reverend Monsignor was born my urban colleagues. Rural Coloradans crave years, but a man who has immersed himself on March 12, 1943, and was ordained to the technology and would welcome any legisla- in the judicial profession as a Director of the priesthood on May 24, 1969, after completing tion that increases opportunities in that County Magistrates Association and as a his seminary studies at St. John Vianney Col- area for small districts. Technology of Chairman of the state Bar Association Com- lege Seminary in Miami and St. Vincent de course comes with a price tag, but the return mittee on District, City, Village and Town Paul Regional Seminary in Boynton Beach, on the investment in this area makes it an Courts. FL. He obtained a Bachelor of Arts, Master of acceptable cost. The SLC Universal Service Judge Katz is also in Who's Who in Amer- Divinity, Master of Theology and Doctor of Sa- Discount has been helpful but other funding ican Law and a senior partner in his law firm. cred Theology. opportunities would be welcomed as well. But he also serves the community as a whole; His many ecclesiastical achievements I applaud your efforts to directly deliver as a Charter Member of the U.S. Holocaust began in 1969 when he was Regional Coordi- dollars to the classroom instead of seeing a Commission, in the Jewish War Veterans, as nator for Religious Education in Broward large portion of those funds siphoned off by a board member of the American Cancer So- County. From 1970 to 1977 he was Director of the bureaucracy. You are most certainly on ciety, and in the Rotary and B'nai B'rith. He is the MA Program in Religious Studies. A mem- the right track in this area. a graduate of Harvard Law School and he and ber of the Faculty of St. Vincent de Paul Re- Schools also desperately need the ability his wife have three daughters. On his retire- gional Seminary from 1972 to 1974, he was to instill basic values in their populace. Re- ment I want to thank him for all he has done also Secretary of the National Conference of spect for ones’ elders, country, teachers, fel- for his community and to wish him the very Diocesan Directors of Religious Education low students and school community are in best. from 1974 to 1978. my mind essential not only for successful f In 1978 he was appointed Chancellor of the schools but for a stable society as well. Archdiocese of Miami and served in that ca- Court rulings and legislation restricting the IN HONOR OF THE LADIES AUXIL- pacity until 1993. In addition, he was ap- rights of schools to discipline and set stand- IARY OF THE POLISH LEGION OF pointed Vicar General and Moderator of the ards for their students have improved some- AMERICAN VETERANS Curia in 1984, a position in which he served what over the years, but more progress is until March 1995. In this capacity he served as still needed in this area. HON. DENNIS J. KUCINICH Executive Director of the Ministry of General Schools must be administered at the local OF OHIO Services. Besides membership on various level and even though I welcome federal IN THE HOUSE OF REPRESENTATIVES Archdiocesan boards and commissions, he is funding from the budget side of the equation, Thursday, May 20, 1999 also Chaplain to the Daughters of Isabella. that enthusiasm is tempered by the knowl- At a Pastoral level, Msgr. La Cerra was As- Mr. KUCINICH. Mr. Speaker, I rise today to edge that increased federal control may also sociate Pastor at Annunciation, Little Flower honor the 65th Anniversary of Chapter No. 30, result from this arrangement. (Coral Gables) and St. James Parishes. From The Ladies Auxiliary of the Polish Legion of Special Education is another topic of great 1978 until May 15, 1991 he was named Pas- American Veterans. concern. I feel that it has become a trap that tor of St. Mary's Cathedral. Organized on May 23, 1934, The Ladies students often do not return from. It needs In December of 1992 he was appointed ad- Auxiliary of the Polish Legion of American Vet- to be streamlined so that the classification ministrator of St. Timothy Parish in Miami and erans was formed to work with the Post, visit of students with disabilities is a true and ac- currently he holds the Pastoral position. He the hospitalized veterans and to participate in curate one and not just a convenient label to was given the title of Reverend Monsignor by all patriotic, civil and religious functions. explain away juvenile behavior. the highest authority of the Catholic Church, Throughout the past 65 years, the Ladies My Catholic school background tells me Pope John Paul II, in September of 1995. We Auxiliary has worked hard for the veterans of that some of these students need a paddle are fortunate to have this admirable Monsignor Chapter 30 of the Polish Legion by partici- against their backside and not a protective in South Florida and I commend Reverend La pating in many activities, such as, parades, label that provides a ready made excuse to Cerra for his many accomplishments. Memorial Masses, Civil functions, and ward justify anti-social behavior. IDEA legislation f should be written to ensure that only those treats at Wade Park and Brecksville V.A. Hos- who have a significant need for special edu- pitals. This Chapter has also been involved IN SUPPORT OF THE SCHOOL cation services actually qualify. We are with State and National Conversions, Veterans ANTI-VIOLENCE EMPOWERMENT pleased, however, with the Title One pro- and Women of the Year, Evening in Warsaw, ACT gram and how it operates in our district. State Picnic, Night at the Races and Bowling Vocational Education has the potential to Tournaments. HON. GENE GREEN offer a wide variety of opportunities for rural The Ladies Auxiliary is dedicated to raising OF TEXAS America and as such I ask that continued money to support veterans by holding fund IN THE HOUSE OF REPRESENTATIVES funding of those programs remain a priority. raisers such as, Card Parties, Bingo's, Din- ners, Picnics, Bake Sales, and Poppy sales. Thursday, May 20, 1999 After I familiarize myself with specific Mr. GREEN of Texas. Mr. Speaker, juvenile topics facing Congress through your Ed-Link Throughout their years of service of helping crime today tends to be more violent and in- publication I would be willing to comment veterans, Chapter No. 30 has accumulated on those issues in greater detail. I feel I have over 35,000 registered volunteer hours. volves younger children than in the past. The spoken today in a very broad sense but I The members of the Chapter are proud of recent tragedies involving school violence has hope my comments are still of some value to their Polish Heritage and culture and proud to prompted parents, teachers, administrators, you as you tackle the challenges facing have accomplished so much in the past 65 and elected officials to work together and set America’s schools. years. I am confident that the Polish Legion of the safety of our children as a national priority. Thanks for your time and effort on behalf American Veterans Ladies Auxiliary will con- Congress needs to get its priorities in line as of the citizens of House District 4 and thanks tinue their commitment to work for the vet- well and act on legislation that would stop again for the opportunity to serve on your erans well in to the next millennium. youth violence and make our schools safe. education advisory committee. My fellow colleagues, please join me in hon- According to a 1995 GAO report on school- Sincerely, oring the work and dedication of The Ladies based violence prevention programs, success- GERALD KEEFE, Auxiliary of the Polish Legion of American Vet- ful programs have the following characteris- Superintendent. erans. tics: a comprehensive approach; an early start E1046 CONGRESSIONAL RECORD — Extensions of Remarks May 20, 1999 and long-term commitment; strong leadership CONGRATULATING LEON MED- TAIWAN’S 3RD ANNIVERSARY OF and disciplinary policies; staff development; VEDOW ON HIS 70TH BIRTHDAY PRESIDENTIAL ELECTIONS parental involvement; interagency partnerships and community links; and a culturally sensitive HON. TERRY EVERETT and developmentally appropriate approach. HON. ROSA L. DeLAURO OF ALABAMA I am proud to join my colleague from New OF CONNECTICUT IN THE HOUSE OF REPRESENTATIVES Jersey, Congressman ROBERT MENENDEZ as a Thursday, May 20, 1999 cosponsor of the School Anti-Violence Em- IN THE HOUSE OF REPRESENTATIVES powerment Act because it includes many of Mr. EVERETT. Mr. Speaker, for the first Thursday, May 20, 1999 the recommendations of the GAO report. This time in Chinese history, Taiwan held a truly democratic presidential election three years bill would: Ms. DELAURO. Mr. Speaker, it gives me Provide grants for school districts to hire cri- ago. As the people of Taiwan celebrate their great pleasure to rise today to recognize Leon president's third anniversary in office on May sis prevention counselors and fund anti-school Medvedow as he celebrates his 70th birthday. violence initiatives. 50% of the grants would 20, 1999, I send them my congratulations. This evening friends, family, and the New I applaud President Lee's recent proposal go to fund crisis prevention counselors and Haven community will gather to pay tribute to that Taiwan and the mainland work together in crisis prevention programs. 50% would go to Leon for a lifetime of contributions to the City drafting a comprehensive financial plan to help school districts who would have the flexibility of New Haven. solve the current financial crisis affecting their to spend these funds on projects which would neighbors in Asia. President Lee's innovative best improve security at their schools. A respected leader of the community, Leon ideas deserve serious consideration by the Increased funding for COPS. 50% of the has served the City of New Haven and its mainland China authorities. funding would be targeted for cooperative residents with an unparalleled commitment for The Chinese people as well as the inter- school-police partnerships to place safety offi- over fifty years. His distinguished record of national Community, stand to benefit if Taiwan cers in schools. public service began with his election as New and China continue to have a meaningful dia- Implements after school and life skills pro- Haven's Old Third Ward Alderman in 1953. logue about their hopeful unification. Taiwan grams for at-risk youth. For decades, Leon continued his leadership and the Chinese mainland have much to learn Directs the Department of Education to work and vision for New Haven in many other ca- from each other. Taiwan's economic miracle with the Department of Justice to develop a pacities including City Clerk, Chairman of the and a thriving democracy will be a useful model violence prevention program for school Board of Finance, and Chairman of the 25th guide to the mainland China's progress toward districts to use. In addition, the Department of Ward Democratic Committee. a free and open economic and political cli- Education would create a clearinghouse of Leon was honored by former President mate. anti-school violence to allow school districts to Congratulations to President Lee Teng-hui see what types of initiatives are working in Jimmy Carter with an appointment to the Fed- eral Small Business Administration Advisory and best regards to Foreign Minister Jason Hu other schools across the nation. for their effort on behalf of democracy in the Council in recognition of his professionalism It is imperative that we implement aggres- Pacific Rim. as a small business owner. Today he remains sive and comprehensive approaches to keep f our children safe. They deserve to have an president of Leon A. Medvedow & Associates, educational experience free from fear or the Inc., a printing company he built from the IN HONOR OF BELVA DAVIS AND threat of violence. ground up, and continues his political career ROLLIN POST as Campaign General Chairman for New Ha- f ven's current mayor, John DeStefano, Jr. His HON. NANCY PELOSI LAW ENFORCEMENT exceptional talents remain focused on the im- OF CALIFORNIA APPRECIATION MONTH provement of the New Haven community. HON. BARBARA LEE The generosity Leon has shown throughout OF CALIFORNIA HON. ALLEN BOYD his life has made him a true friend to the com- HON. LYNN C. WOOLSEY OF FLORIDA munity. He gives his seemingly endless time OF CALIFORNIA and energy to many community organizations. IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Thursday, May 20, 1999 Currently, he is a member of Congregation Beth El-Keser Israel as well as the Board of Thursday, May 20, 1999 Mr. BOYD. Mr. Speaker, today I rise in Directors for the New Haven Jewish Commu- Ms. PELOSI. Mr. Speaker, we rise today to honor of Law Enforcement Appreciation Month nity Center, overseeing a myriad of social pro- mark the contributions of two highly respected to pay tribute to our nation's more than grams for New Haven's Jewish community. He California journalists. On Sunday, May 23, 700,000 men and women who serve our com- is a former trustee of the University of Con- 1999, veteran Bay Area television journalists munities as law enforcement officers. We owe necticut's Alumni Association and a founder Belva Davis and Rollin Post will be honored at these individuals a tremendous debt of grati- and past president of the UCONN Club. An the San Francisco City Hall Rotunda. Their tude for the many sacrifices they make so that avid basketball fan, he is a fifty year veteran combined experience spans 70 years, a long we might enjoy safer places to live and work. basketball season ticket holder showing true and rich engagement with the social, cultural, Each day, America's law enforcement offi- and political history of the Bay Area. loyalty and spirit for his alma mater. His pas- cers put their lives on the line as our first de- Belva Davis, winner of multiple professional fense from violent crime. But these public sion for the sport led him to sponsor a local awards, has worked continuously on television servants do so much more than apprehend team, the New Haven Elms, bringing the since 1966, when she became the first Afri- criminals: law enforcement officers are com- game he loves to the City of New Haven. can-American female reporter on the West munity activists, role models for our nation's After five decades of accomplishments, you Coast. Since that breakthrough, Belva has young people and defenders of law and order. wouldn't think Leon would have anything left contributed significantly to the shape and the This month, in honor of Law Enforcement to achieve and yet he continues to add to his texture of today's television news. Her sharp, Appreciation Month, I hope that Americans will extraordinary life. Just five days ago, Leon poignant reports stimulate community aware- take time to thank their local law enforcement celebrated his Bar Mitzvah, fulfilling a promise ness. Her commitment is further demonstrated officers for their dedication and hard work. We he made to himself over fifty years ago when by deep involvement in numerous community should also take this moment to remember the circumstances forced the ceremony to fall by organizations. She is also a labor activist and ultimate sacrifice made by the many officers the wayside. a visible supporter of African-American culture who have lost their lives in the line of duty and and history. pay our respects to the families these individ- Mr. Speaker, it is with great pride that I rise During her career, Belva Davis has reported uals have left behind. Most importantly, as this today to join Leon's wife, Phyllis, children, for, or anchored, such public affairs programs month comes to a close, we should strive to grandchildren, friends, and the entire New as KRON's ``California This Week'' with Polit- honor these brave officers each day and give Haven community to wish my good friend a ical Analyst Rollin Post, BayTV's ``Close-up them our support so that together we might very happy 70th birthday. Leon's work and with Belva Davis'' and ``Bay Area Close UP,'' make our communities an even better place to commitment have truly left this community a KQED's ``A Closer Look'' and ``Evening Edi- live. better place and for that we thank him. tion.'' She has also served as News Centers CONGRESSIONAL RECORD — Extensions of Remarks E1047 4's anchor and urban affairs specialist. Most A TRIBUTE TO CITY YEAR SAN and said it really helped them. They thought recently, she joined Congresswoman Barbara ANTONIO they had passed it.’’ Lee's citizen delegation to report a week-long Fighting Back, a substance abuse, crime and violence prevention and community de- series on the people, culture and politics of HON. CHARLES A. GONZALEZ velopment program, has 60 full-time volun- Cuba and on Cuba's relationship with the OF TEXAS teers. They are recruiting more than 100 high United States. IN THE HOUSE OF REPRESENTATIVES school students for a new part-time service Belva has received six local Emmys, the Thursday, May 20, 1999 program in San Antonio. 1996 Governor's Award of the Northern Cali- Mr. GONZALEZ. Mr. Speaker, I rise today City Year and Southside High School re- cently started a part-time volunteer pro- fornia Chapter of the National Academy of Tel- to ask unanimous consent to submit into the gram for students called City Heroes. evision Arts and Sciences, a Certificate of Ex- RECORD an article that appeared in the San Most of the full-time volunteers started cellence from the California Associated Press Antonio Express News recently. their year of service in August and will fin- Television and Radio Association, and the The article highlights City Year San Antonio, ish in June. Golden Gadfly Award of the Media Alliance. a unique public and private partnership pro- Volunteers operate primarily on the city’s She has honorary doctorates from Golden gram for the national service movement. City West, East and South sides but can partici- Gate University and John F. Kennedy Univer- Year San Antonio has contributed more than pate in programs anywhere in the city, said sities. The Media Academy of Oakland offers 30,000 hours of service to the San Antonio Scott Hirsch of the Texas Commission on community in its 3 years of service. City Year Volunteerism and Community Service. Vol- an annual journalism scholarship in Ms. unteers themselves come from all areas of Davis's name. San Antonio has established a mentor and town and sometimes—like Miller—from out When Rollin Post announced his retirement, tutor program for children from elementary of town. Belva said: ``I've been learning from Rollin school through high school, including pro- Hirsch said the commission is working on Post for three decades, and we have become grams on the environment, domestic violence guidelines to evaluate how effective volun- prevention, HIV/Aids awareness, and tech- teers throughout Texas have been in the past the real political odd couple. He has taught me five years since the AmeriCorps program was how to make the most complicated political nology education. I am proud of the work and the service that founded. Overall, the various volunteer pro- issues interesting to a sometimes disinterested City Year provides to the San Antonio commu- grams are going strong. electorate.'' nity. I look forward to the continued success Hirsch added that associations with other programs can cause confusion. ‘‘Sometimes, Rollin Post has covered politics in the San and future progress of City Year San Antonio. Francisco Bay Area for more than 40 years. when you’re at a cocktail party and you AMERICORPS WORKERS HELPING OTHERS mention you work for AmeriCorps, people With keen understanding of public affairs, CITYWIDE think it no longer exists,’’ Hirsch said. Rollin has covered 14 national political con- (By Joseph Barrios) Some of the benefits to the program are in- ventions. In addition to state and local political .. . Nathan Miller grew up in a quiet Kan- tangible, said Bill Blair, director at the issues, Rollin reported from Cuba in 1978 on sas City, Kan., neighborhood but wanted to George Gervin Youth Center. trade, tourism, and hijacking. In 1986, Rollin travel and learn about different places. Regularly, when volunteers are painting a was on special assignment in the Philippines He graduated from high school and then house or cleaning up an abandoned lot, during the transition to democracy. applied to serve with City Year, one of the neighbors will stop by and offer their help. AmeriCorps volunteer programs operating in ‘‘I say, ‘Sure, come on and join us.’ You ``Rollin is an old-fashioned reporter who San Antonio. can’t beat that sort of thing,’’ Blair said. gives you the facts and is genuinely interested The 19-year-old Miller now works 12-hour Neighbors can also submit ideas for service in the process, the politics, the issues and days, sometimes tutoring West Side children projects to any of the programs like City ideas. He is exceptionally fair-minded and as part of Project Learn to Read and some- Year or Fighting Back. doesn't have a cynical bone in his body,'' times working with San Antonio Alternative AmeriCorps volunteer benefits can include Housing on minor construction for elderly wrote John Jacobs, political editor of health insurance, a weekly stipend, uniforms neighbors. and a post-service education award of $4,725 McClatchy Newspapers. With a passion for His favorite responsibility is helping teach that can pay for school or student loans. The politics, along with a touch of idealism, Rollin a nighttime English class for adults seeking program requires a minimum of 1,700 hours a brought clarity and understanding to the polit- citizenship. year from volunteers. ical process. ‘‘I feel like I help them get along better in This fall, Miller will begin college in their lives,’’ Miller said, ‘‘I have a chance to Early in his career, Rollin worked for KPIX± Vermont. He said his favorite times as a vol- meet people in drastically different life situ- unteer come when someone thanks him for TV, where he concentrated on politics and ations from mine.’’ work that an AmeriCorps volunteer did. general assignments. He was also head writer Miller is one of more than 140 full-time volunteers in the San Antonio area serving ‘‘I have people come up to me all the time. and producer for ``The Paul Coates Report,'' a They see your shirt and want to thank you,’’ nationally syndicated television interview with various AmeriCorps programs. Al- though the volunteers are affiliated with dif- Miller said. ‘‘They can be thanking you for show. Rollin joined KQED in 1973 to work on ferent funding agencies, their goals are the something that happened three years or three programs: ``A Closer Look,'' ``News- same. three days ago.’’ room,'' and ``California Tonight.'' In September They want to tackle some of San Antonio’s 1979, Rollin joined KRON±TV, where he blight and improve people’s lives. f served as NewsCenter4's political editor for 18 AmeriCorps is the national service program WORKING ON A SOLUTION years. While co-anchoring on KRON's ``Cali- started by Congress and President Clinton in 1993. Programs can be funded with federal fornia This Week.'' Rollin and Belva brought dollars or matched by a local ‘‘parent’’ orga- passion and insight to the issues of the day. nization. HON. BOB SCHAFFER Because of their pioneering spirit and leader- The George Gervin Youth Center has 20 OF COLORADO ship, Rollin and Belva became mentors to the full-time AmeriCorps volunteers and Habitat IN THE HOUSE OF REPRESENTATIVES next generation of journalists. Rollin speaks of for Humanity has a dozen full-time volun- Thursday, May 20, 1999 Belva with great affection: ``She's a Type A; teers working in San Antonio. Miller works for the 10-year-old City Year I'm the type who likes to take naps.'' Mr. SCHAFFER. Mr. Speaker, in the matter program, which has 70 AmeriCorps volun- of the Columbine Massacre, I hereby submit Currently, Rollin hosts ``Our World This teers and works out of an office downtown. An average day for h im varies somewhat to the RECORD a statement issued by the Col- Week,'' an international news show produced orado State Board of Education. by BayTV in cooperation with the World Affairs from Rudy Beltran, 23, a full-time volunteer with the Just Serve AmeriCorps program run These remarks, I commend to my col- Council of Northern California. by San Antonio Fighting Back of the United leagues upon consideration of various pro- Among his many awards, Rollin received Way. posals pending this Congress. Clearly, the the prestigious Broadcast Preceptor Award Beltran, based at the Barbara Jordan cen- thoughts offered by the Colorado State Board from the 32nd annual San Francisco State ter of the city’s East Side, is a full-time stu- of Education, signed a thoughtful approach to dent at the University of Texas at San Anto- University Broadcast Industry Conference. He nio. He also teaches an evening, English-as- any legislative initiatives we might consider has also been honored by the Coro Founda- a-Second-Language class at Highlands High here and establish a reasonable framework tion for his influential leadership in the public School and tutors high school students in from which to view our responsibilities. arena. English. The statement of the Board is as follows: Recently, Beltran helped several students In celebrating the lives and careers of Belva prepare for the Texas Assessment of Aca- WHAT IS TO BE DONE: SEARCHING FOR Davis and Rollins Post, we are paying tribute demic Skills Test. MEANING IN OUR TRAGEDY to two remarkable people whom we are also ‘‘I definitely get a lot out of it,’’ Beltran In the aftermath of the most terrible day fortunate to know as friends. said. ‘‘A couple of students came up to me in Colorado education, when the pain and E1048 CONGRESSIONAL RECORD — Extensions of Remarks May 20, 1999 grief of those who have suffered loss is be- We also recognize the routine cruelty and If a utility poured sewage into our streets, yond what words can express, all of us are torment that can occur among adolescents an outraged public would not tolerate it. asking the questions: ‘‘Why? How did this in an unchecked peer culture. This is all the Should those responsible for the stream of happen? What can we do to keep it from hap- more reason for a strong and vigilant adult moral sewage entering our homes and com- pening again?’’ The State Board of Edu- authority to prevent victimization of the munities be any less accountable? cation, adhering to its Constitutional re- vulnerable. If we deem it proper to boycott, withhold sponsibility, joins the Columbine community We know this won’t be easy, and that it public investments, and otherwise impose an and the rest of the State in seeking the les- must begin with a decisive rollback of those economic penalty on companies for their sons that may be drawn from the awful trag- harmful precedents that have so undermined labor practices, environmental policies, or edy of April 20, 1999. the confident and successful exercise of le- countries in which they operate, how could As we seek the why behind this infamous gitimate adult authority upon which every we fail to move at least as aggressively event, we must find answers beyond the easy good school depends. against those who create, promote, and dis- and obvious. How weapons become used for We must stop disrespecting those who urge tribute media and other products for which outlaw purposes is assuredly a relevant discipline and values. We must recognize there is no imaginable justification. issue, yet our society’s real problem is how that their cry is the legitimate voice of the In closing we should be reminded that human behavior sinks to utter and depraved American people. We must listen to re- throughout our history our people have dem- indifference to the sanctity of life. As our spected voices—liberal and conservative— onstrated a remarkable capacity for moral country promotes academic literacy, we like Albert Shanker and William Bennett— courage and self-renewal in times of great must promote moral literacy as well, and it when they tell us flat out that our ‘‘easy’’ danger and challenge. is not children, but adults in authority who schools will never get better or safer without Perhaps across the ages we can hear the are ultimately responsible for that. a massive renewal of their values, discipline, timeless words of Abraham Lincoln, and, ap- Our tragedy is but the latest—albeit the and work ethic. plying them to our own circumstance renew most terrifying and costly—of a steadily es- Finally, we must remember, respect, and his pledges, ‘‘that we here highly resolve calating series of schoolhouse horrors that unashamedly take pride in the fact that our that these dead shall not have died in vain; have swept across the nation. The senseless schools, like our country, found their origin that this nation, under God, shall have a new brutality of these calamities clearly reveals and draw their strength from the faith-based birth of freedom’’. that a dangerous subculture of amoral vio- morality that is at the heart of our national With history as our judge, let us go for- lence has taken hold among many of our character. ward together with a strong and active faith. youth. Today our schools have become so fearful Authorized at a Special Meeting of the We cannot pretend that we have not known of affirming one religion or one value over State Board of Education, April 21, 1999 and about this subculture or about those ele- another that they have banished them all. In issued by our hand in the city of Denver, Col- ments of the mass media, from films to video doing so they have abdicated their historic orado, at the regular meeting May 13, 1999. games, from which it derives sustenance. role in the moral formation of youth and Clair Orr, Chairman, 4th Congressional Further, we must honestly admit that essen- thereby alienated themselves from our peo- District; Pat M. Chlouber, Vice Chair- tially we have done nothing to prevent these ple’s deep spiritual sensibilities. To leave man, 3rd Congressional District; Ben cultural cancers from spreading through our this disconnection between society and its Alexander, Member-At-Large, John schools and society. schools and unaddressed is an open invita- Burnett, 5th Congressional District; How often have adults questioning highly tion to further divisiveness and decline. For Randy DeHouff, 6th Congressional Dis- dubious youth speech, dress, entertainment, the sake of our children, who are so depend- trict; Patti Johnson, 2nd Congressional or behavior been decried as old-fashioned, or ent upon a consistent and unified message District; Gully Stanford, 1st Congres- worse, attacked as enemies of individual ex- from the adult world, we must solve these di- sional District; William J. Moloney, pression? How often have parents or teachers lemmas. Other civilized nations have re- Commissioner of Education. reporting alarming predictors of violent be- solved divisions that are far more volatile. f havior been told nothing can be done until Surely, America can do as well. someone actually commits a crime? So we do II. IN OUR HOMES nothing, and then look upon the ruin of so HONORING H. STEPHEN LIEB many young lives while hearing those sad- We routinely preach about cooperation be- dest of words: Too Late. tween home and school, yet too often our ac- HON. ELIOT L. ENGEL As a Board we believe, with Edmund tions tell a different story. Too often, we un- OF NEW YORK Burke, that all that is required for the tri- dermine rather than support the values and umph of evil is that good men do nothing. authority of parents. Too often, we find IN THE HOUSE OF REPRESENTATIVES them handy scapegoats for our own failures. We further believe that society must act now Thursday, May 20, 1999 before it is too late for more innocent chil- When countless surveys show our parents dren. We also recognize that failing to act to be deeply concerned about the state of Mr. ENGEL. Mr. Speaker, I rise today to shall make us all accomplices in such future public education, something is seriously give tribute and thanks to Stephen Lieb who is tragedies as may engulf our schools. wrong and we ignore this at our peril. retiring as Director of the Northeast Bronx Accordingly, we make the following rec- This alienation has as much to do with pa- Education Park. For many years he taught our ommendations for renewing that unity and rental concerns about safety and values as it does with persistent learning deficiencies. If children, before rising to administrative posts strength of purpose that has historically in the school district. bonded our schools, our homes, and our soci- we are to ask parents to use their authority ety. to support those educating their children, He was born and raised in New York City, then educators must use their authority to educated in its public schools and has a B.S. I. IN OUR SCHOOLS support the work and values of parents. from Hunter College, his M.S. from Fordham While our schools are at once the mold and Some schools are already doing this, but University and additional graduate work at the mirror of the democratic society they sadly in too many instances, these historic serve, they are not democracies themselves. Pace University and the University of Wash- bonds of trust and mutual support have ington. Schools are founded and controlled by adults frayed badly or broken altogether. for the benefit of children. We deeply believe that without a unified His initial assignment was teaching science The adults accountable for running schools adult world, our children will continue to at J.H.S. 163. In 1970 he transferred to I.S. must have the courage, ability, and author- suffer the consequences of our doubts and di- 180 as Science Chairman and he was named ity to establish and maintain a safe and or- visions. Planetarium Director when that facility was derly environment maximally consonant completed. with the purposes of schooling, i.e. the full- III. IN OUR SOCIETY est possible achievement for every single The connection between murder in our Among his accomplishments was the full air child. schools and elements of the mass culture is conditioning of the five schools in the Park, We recognize that in every time, and every now beyond dispute. Only those who profit and the installation of the data communica- society, there is tension between liberty and from this filth, and their dwindling bands of tions system. He has worked for 30 years with license, and frankly, we believe that the pen- apologists deny the evidence of violence, ha- the Greater New York Council, Boy Scouts of dulum has swung too far in the direction of tred, and sadism routinely found in films, America and takes 30 fatherless boys to camp the latter. video games, and the like. every year. He also founded a scholarship Be that as it may, our school children We believe it is no longer acceptable for an should not be routinely victimized by the entertainment industry that spends billions program. In his retirement as Director of the quarrels of the wider society. They deserve to influence the behavior of children to deny Education Park, he leaves a hole that will be the shielding mantle of adult authority that their efforts have consequences or that difficult to fill. I congratulate him for all of his while they form and strengthen themselves they have no accountability for sowing the good work and wish him the very best in re- for their own entry into adulthood. seeds of tragedy. tirement. CONGRESSIONAL RECORD — Extensions of Remarks E1049 IN HONOR OF THE SALVATION Virginia, there are an estimated 18 to 35 new sides of the aisle to join us in support of this ARMY occupational HIV infections of health care crucial effort. workers occurring from accidental needlesticks Attached is a more detailed summary of the HON. DENNIS J. KUCINICH each year. bill. These injuries are largely preventable OF OHIO HEALTH CARE WORKER NEEDLESTICK PREVEN- through use of newer technologies that use IN THE HOUSE OF REPRESENTATIVES TION ACT OF 1999, INTRODUCED BY REPS. engineering devices to minimize accidental PETE STARK AND MARGE ROUKEMA Thursday, May 20, 1999 needlesticks. Hundreds of hospitals across the BILL SUMMARY country have already converted to the use of Mr. KUCINICH. Mr. Speaker, I rise today to Purpose: This bill would correct a dan- honor The Salvation Army's Harbor Light these devices, but there are still thousands gerous problem in today’s health care sys- Complex in the Greater Cleveland area on that haven't done so. Our legislation would tem in which health care workers suffer pre- their 50th Anniversary. make such safety devices the norm rather ventable needlestick injuries because appro- than the exception. priate technologies to prevent such injuries The Harbor Light Complex has a strong The Health Care Worker Needlestick Pre- are not being utilized. commitment to helping those in the greater vention Act is modeled after a California state The bill would require the use of engi- Cleveland area who are less fortunate. law. Last year, California became the first neered safety mechanisms for needles and Through this institution, programs of Correc- state in the nation to require needlestick pro- sharps in the health care arena to protect tion, Emergency Sheltering Services, Food tections. The legislation was signed into law health care workers from life-threatening in- Services, New Hope Citadel Corp., Residential juries caused by needlesticks and other by then-Governor Pete Wilson and was en- Services, as well as Detox & Substance sharps injuries. dorsed by a wide coalition including the Cali- Abuse Programs help people deal with difficul- OSHA Amendment: The bill amends fornia Health Care Association (the state hos- ties they face and gives them the courage and OSHA’s bloodborne pathogens standard to pital trade association), Kaiser Permanente, the tools to fight through them. require that employers utilize needleless sys- health care workers, and labor unions alike. tems and sharps with engineered sharps pro- The Harbor Light Complex continues to pro- The California Occupational Safety and tections to prevent the spread of bloodborne vide in its historically established tradition the Health Administration (Cal-OSHA) has esti- pathogens in their workplace. caring services needed to offer comfort, shel- mated that each needlestick injury costs be- In carrying out this requirement, employ- ter sustenance, education and hope to the tween $2,234 and $3,832 for treatment, test- ers are to work with direct care health care Greater Cleveland Community. The Salvation workers who use such devices to ensure the ing, and prophylactic drugs. Cal-OSHA has Army's continuing commitment to serving a di- appropriate selection of technology. also estimated that the California safe needles verse group of people in need in the Greater Exceptions: Safe needle technology will and sharps law, passed last year and effective Cleveland area, sets an example of how car- not be immediately, universally available this August, will save affected businesses and and appropriate for all uses in the health ing individuals can change the world one life facilities over $100 million per year in excess care arena. Recognizing this fact, the bill at a time. of the cost of the new devices. Similar bills are provides for an exceptions process if an em- I would like to recognize the Salvation now pending in state legislatures across the ployer can demonstrate circumstances in Army's Harbor Light Complex for 50 years of country. which the technology: Does not promote em- ployee safety; interferes with patient safety; quality service. They have truly met the needs While states are stepping to the plate to ad- interferes with the success of a medical pro- of those who do not have a voice in our com- dress this pressing concern, this is a national munity. cedure; and is not commercially available in crisis and it deserves a national solution. The the marketplace. f Health Care Worker Needlestick Prevention Exposure Control Plan: Employers would INTRODUCTORY STATEMENT FOR Act would amend OSHA's bloodborne patho- develop written exposure control plans to gens standard to require the use of safe nee- identify and select existing needleless sys- THE HEALTH CARE WORKER tems and sharps with engineered sharps pro- NEEDLESTICK PREVENTION ACT dle technology as the means for preventing needlestick injuries. It is a real-life solution that tections and other methods of preventing the recognizes that these technologies are still not spread of bloodborne pathogens. Sharps Injury Log: While we know that HON. FORTNEY PETE STARK available or appropriate for use in every situa- more than 800,000 health care workers suffer OF CALIFORNIA tion. To that end, it includes an exception needlesticks every year, there is currently IN THE HOUSE OF REPRESENTATIVES process if the device would interfere with pa- no uniform collection of data on sharps inju- Thursday, May 20, 1999 tient or worker safety, interfere with the suc- ries to enable these incidents to be tracked, cess of a medical procedure, or if no such de- learned from, and prevented. Mr. STARK. Mr. Speaker, I am pleased to vice is available in the marketplace. It would The bill would create a sharps injury log join with my colleagues, MARGE ROUKEMA, also require stricter reporting of needlestick in- that employers would keep containing de- GEORGE MILLER, and ROB ANDREWS to intro- juries and creates a new clearinghouse on tailed information about any sharps injuries duce the Health Care Worker Needlestick Pre- safer needle technology within NIOSH (Na- that occur. Training: Employers would be required to vention Act, a bill to prevent dangerous, costly tional Institute for Occuaptional Safety and and preventable needlestick injuries to our na- adequately train direct care health care Health) to collect the data and to assist em- workers on the use of needleless technologies tion's health care workers. ployers with training curriculum and other ad- and systems with engineered sharps protec- For far too long, we have stood by and vice on available technologies. tions. watched as health care workers suffer We stand here today with broad-based sup- National Clearinghouse on Safer Needle needlestick and sharps injuries in our nation's port similar to that which made the California Technology: The bill would establish a new hospitals and health care system. According to law possible. Our legislation is endorsed by clearinghouse within the National Institute a 1997 report by the Occupational Safety & numerous organizations including: the Service for Occupational Safety and Health (NIOSH) Health Administration (OSHA), approximately Employees International Union; the American to collect data on engineered safety tech- 800,000 hospital-based workers are injured nology designed to help prevent the risk of Nurses Association; the American Federation needlesticks and other sharps injuries. annually from accidental needlesticks. Many of of State, County and Municipal Employees; NIOSH would have access to the sharps in- those injuries infections from bloodborne dis- Kaiser Permanente; The Consumer Federation jury logs in order to carry out these duties. eases, the worst of which include HIV/AIDS, of America; Becton Dickinson, a major medical The clearinghouse would also create model and Hepatitis B & C. device manufacturer; and the Emergency training curriculum for employers and OSHA estimates that approximately 16,000 Nurses Association, the American Public health care workers. In order to carry out needlesticks are contaminated by the HIV/ Health Association, and AIDS Action. these new tasks, the institute is authorized AIDS. As of December 1998, the Center for It is time to take the appropriate step of pro- $15 million in new funding. Disease Control (CDC) had documented 54 tecting our health care workers. They simply Application to Medicare Hospitals: HHS would promulgate new regulations regarding cases of HIV seroconversions from should not be forced to risk their lives while conditions of participation in Medicare for needlesticks and more than 110 ``possible'' trying to save ours. those hospitals that are not covered by cases among U.S. healthcare workers. In ad- Mr. Speaker, I want to especially thank Con- OSHA so that all hospitals across the coun- dition, according to the International Health gresswoman ROUKEMA for her leadership on try would, in effect, be covered by these new Care Worker Safety Center at the University of this issue and urge my colleagues on both bloodborne pathogens requirements. E1050 CONGRESSIONAL RECORD — Extensions of Remarks May 20, 1999 SIKH JOURNALIST GRILLED BY IN- niversary marches in Washington, New York, has worked for more than 50 years at North- DIAN INTELLIGENCE OFFICERS— and Toronto and made a speech on ‘‘Recent east Medical Center, formerly Cabarrus Me- THERE IS NO FREEDOM OF THE Attacks on the Christian Community in morial Hospital, and has helped it grow and PRESS IN INDIA India.’’ Intelligence officers grilled Mr. Osan at his change into the fine regional hospital it is home yesterday for over 45 minutes. They today. HON. EDOLPHUS TOWNS claimed that ‘‘we have specific instructions The celebration on Saturday is not only a OF NEW YORK from Delhi.’’ Mr. Osan stated that this ac- retirement celebration, but also a show of ap- IN THE HOUSE OF REPRESENTATIVES tion is ‘‘true to their anti-Sikh stance.’’ preciation for all of her efforts in the commu- Mr. Osan has previously had his telephone nity. Thursday, May 20, 1999 bugged by the Indian government. He was de- Mrs. Nesbitt has been active in the Mr. TOWNS. Mr. Speaker, India claims that nied a degree he earned because he has ex- Shankletown-Sidetown Community Organiza- it is democratic, but one of the cornerstones of posed corruption, atrocities, and acts of ter- tion. She was one of the founding board mem- rorism by the Indian government. He has re- democracy is freedom of the press. A recent ceived anonymous telephone threats. bers of this organization. event shows us again that there is no freedom ‘‘The interrogation of Sukhbir Singh Osan One project that she recently spearheaded of the press in India. shows that there is no freedom of the press was gathering members of the community and On May 11, Sukhbir Singh Osan, a jour- in India,’’ said Dr. Gurmit Singh Aulakh, surrounding areas together to help rebuild an nalist who has written for many papers in India President of the Council of Khalistan. ‘‘Both elderly woman's dilapidated home to make it and runs the website Burning Punjab, was in- Press Trust of India (PTI) and United News liveable again. Her selfless acts of kindness terrogated by Indian intelligence officers for 45 of India (UNI) are completely controlled by have brought so many in our community a minutes after he returned from a trip to the the Indian government,’’ Dr. Aulakh stated. better life. Noting that Mr. Osan has met lawmakers in United States, Canada, and Great Britain. He both the U.S. and Canada, Dr. Aulakh said Mrs. Nesbitt and her husband, John C. came to cover the big Sikh marches in Wash- that ‘‘any more harassment of Mr. Osan will Nesbitt, have also been active in their church, ington, New York, and Toronto and to deliver cause India big trouble.’’ Gilmore Chapel AME Zion Church. a speech on the persecution of Christians that ‘‘Reporters who put out information con- Mr. Speaker, I congratulate Willene Nesbitt has been going on since Christmas Day. trary to the government line are often in her retirement from the hospital, but hope Apparently, this coverage upset the Indian threatened and harassed as Mr. Osan was that her community activity will only escalate oligarchy. The intelligence officers who came yesterday,’’ he said. ‘‘Reporters who have ex- with her new found free time. She truly brings to Mr. Osan's house said that they had ``spe- posed government corruption and brutality a smile to the faces of the people she touches have received anonymous telephone calls cific instructions from Delhi.'' telling them that ‘it is dangerous to report and improves the quality of life for everyone in Mr. Osan has been targeted by the Indian against the government,’ ’’ Dr. Aulakh said. Cabarrus County. government before. He was denied a degree Mr. Aulakh urged the United States gov- f he earned. His telephone has been bugged ernment to stop supporting the government and he has received threats. He is not the of India. ‘‘India has joined with China, Rus- HONORING MRS. ELLA SCHWARTZ only one. Reporters who exposed government sia, Cuba, and Libya in action against the abuses have received telephone threats. One U.S. at the United Nations,’’ he noted. ‘‘India HON. STEVEN T. KUYKENDALL tried to build a security alliance against the reporter was told that ``it is dangerous to re- OF CALIFORNIA port against the government.'' That was under United States. It recently celebrated the an- niversary of its nuclear explosion and reiter- IN THE HOUSE OF REPRESENTATIVES a Congress Party government. The govern- ated its refusal to sign the Comprehensive Thursday, May 20, 1999 ment controls the television and radio as well Test Ban Treaty. India is a major human- as Press Trust of India (PTI) and United News rights violator. Amnesty International has Mr. KUYKENDALL. Mr. Speaker, I rise of India (UNI). How can you have a democ- not been allowed into the country since today with sadness to remember and honor a racy if the government controls the media and 1978,’’ he pointed out. ‘‘Yet it remains one of legendary figure from my district, Mrs. Ella tries to intimidate reporters who report news the top recipients of U.S. aid.’’ Schwartz. She passed away last week at the that they don't want to come out? The Indian government has murdered more age of 80. Ella Schwartz was an icon of the I thank my friend Dr. Gurmit Singh Aulakh, than 250,000 Sikhs since 1984, over 200,000 city of Torrance and she has left a lasting im- Christians in Nagaland since 1988, more than pression on the city she called home. President of the Council of Khalistan, for 60,000 Muslims in Kashmir since 1988, and bringing this story to my attention. His office tens of thousands of Assamese, Manipuris, Ella Schwartz was the daughter of Sam issued an excellent press release on the grill- Tamils, Dalit ‘‘untouchables,’’ and others. Levy, a founding father of the city of Torrance. ing of Mr. Osan, which I believe will be very Tens of thousands of Sikhs languish in In- The Sam Levy Department Store was the pre- informative to my colleagues. dian jails without charge or trial, some since mier place to shop in the 1940's and 1950's. How can the United States continue to sup- 1984. Following the death of her father in 1965, Mrs. port a country that claims to be democratic but ‘‘Why should the American taxpayers be Schwartz assumed control of the department does not allow freedom of the press, kills tens forced to support a country where there is no store and in 1988 she transformed it into a religious freedom, no freedom of the press, women's boutique, naming it Ella's. of thousands over their religious beliefs, joins and no human rights for minorities?’’ he with the world's most notorious tyrants at the asked. ‘‘Why should America support a coun- Ella Schwartz was actively involved in the United Nations against the U.S., celebrates try that is so vehemently anti-American?’’ community. She will be forever be linked to the anniversary of its nuclear explosion, rou- he said. ‘‘The time has come for America to the revitalization of downtown Torrance. She tinely violates basic human rights, and will not defend freedom in South Asia by defending was devoted to the city of Torrance, becoming even allow a simple vote on the political future Mr. Osan and other journalists, by cutting a symbol of the city's heart and center. of the minority nations seeking their freedom? off aid to India, and by supporting the 17 Ella was a permanent fixture at her boutique Why should such a country be a major recipi- freedom movements within India’s artificial until law year when she decided that it was borders,’’ Dr. Aulakh said. ent of American aid and trade? We should time to retire and spend more time with her stop our aid to India until it respects basic f grandson. She was 79. human rights and we should publicly declare People will remember her fiery spirit and her our support for the 17 freedom movements TRIBUTE TO WILLENE C. NESBITT dedication to improving the city of Torrance. within India's borders. She will be missed but not forgotten. I place the Council of Khalistan's press re- HON. ROBIN HAYES f lease on the grilling of Mr. Osan into the OF NORTH CAROLINA HONORING SHARI G. LAMBERT RECORD. IN THE HOUSE OF REPRESENTATIVES JOURNALIST GRILLED BY INDIAN INTELLIGENCE Thursday, May 20, 1999 OFFICERS HON. DALE E. KILDEE Mr. HAYES. Mr. Speaker, I rise today to THERE IS NO FREEDOM OF THE PRESS IN INDIA OF MICHIGAN congratulate Willene C. Nesbitt of Concord, WASHINGTON, D.C., May 12—Sikh journalist IN THE HOUSE OF REPRESENTATIVES North Carolina for her commitment and dedi- Sukhbir Singh Osan, who runs the website Thursday, May 20, 1999 Burning Punjab, was interrogated by Indian cation to her community. intelligence officers after returning from a On Saturday, May 22, 1999, Mrs. Nesbitt Mr. KILDEE. Mr. Speaker, I rise today to trip to the United States, Canada, and Great will be celebrating her retirement from North- pay tribute to a woman who has dedicated Britain, where he covered the Sikh 300th an- east Medical Center in Concord. Mrs. Nesbitt herself to improving the quality of life in my CONGRESSIONAL RECORD — Extensions of Remarks E1051 hometown of Flint, Michigan. On May 21, a former ROSAS board member. He is a Medicare beneficiaries. These modernizations 1998, Mrs. Shari Lambert will be the guest of staunch advocate for community green are a template for meaningful Medicare reform honor as family and friends gather to celebrate spaces, composting and ROSAS' anti graffiti that allows us to avoid radical, untried theories her retirement after 25 years of dedicated pub- campaign. His painting company, The Flying that could endanger the program's future. lic service. Scotsman, helped art teacher Alison Conte The promise of managed care is coordi- Shari Lambert has never once hesitated to and local children create a mural on 14th nated, comprehensive, cost-effective health reach out and help someone in need. Since Street and 5th Avenue in Brooklyn. Simon and services. Medicare+Choice plans are not cur- 1974, she has worked for the Michigan Em- his wife Sheila have built a partnership with rently living up to this promise. For some time ployment Security Commission, now known as the Sierra Club to promote organic waste now, Medicare has over-paid the Michigan Unemployment Agency. Most re- composting. Perhaps the Garden's greatest Medicare+Choice plans. Current overpay- cently, Shari worked as Manager for the Agen- gift is providing area children with the oppor- ments are estimated to cost Medicare and tax- cy's Flint branch. tunity to express themselves through their gar- payers $2 to $3 billion per year. This is be- For 25 years, Shari has worked with thou- dening and artistic talents. The Children's Cre- cause Medicare+Choice has attracted only the sands of individuals, ensuring that each one ative Workshop, now entering its fourth year, healthiest beneficiariesÐpeople who would was set on the road toward prosperous and is one such program that is available to Park have cost next to nothing had they stayed in gainful employment. Her dedication to being Slope's children. the traditional fee-for-service planÐleaving a an active public servant set a positive tone in Carolyn Greer has spent the last four and a much sicker population in the traditional pro- each branch of the Michigan Employment Se- half years with New York State Senator Marty gram. curity Commission, as well as its successor, Markowitz and has lived up to the Senator's the Michigan Unemployment Agency. She has In addition, managed care plans are mandate that his staff be responsive to the disenrolling beneficiaries who need expensive served as a role model for efficiency, compas- needs of his constituents. As the Senator's Di- sion, and fairness. Many Michigan residents services, such as heart surgery, and then re- rector of Community Programming, she han- enrolling the beneficiary after the fee-for-serv- owe their ability to provide for themselves and dled complaints, responded to issues and others to Shari's influence. ice plan has paid the bill. The OIG estimates identified and addressed community needs. that in 1991 through 1996, Medicare spent In addition to her work with the Unemploy- Carolyn Greer is a founding member of South ment Agency, Shari serves as a member of $224 million for inpatient services furnished to Brooklyn Hockey, which has ice and roller beneficiaries within three months of their several Workforce Development Boards, such teams, and serves on the board of the Rus- as the Career Alliance Board, Greater Pontiac disenrollment. Had these beneficiaries not sian American Kids Circus. She is the author disenrolled, Medicare could have spent only Area Consortium Board, and Macomb/St. Clair of the PS 321 Newsletter and is the founder Board. She can also be found working with $20 million in capitation payments. That's of the PS 321 Holiday Helper Project, an an- $204 million in savings Medicare could have groups within Macomb County such as Growth nual drive for new clothes that are donated Alliance, the Private Industry Council, the realized. ``Cherry picking'' such as this has anonymously to several hundred needy public forced fee-for-service costs to rise. School to Work/Tech Prep Board, the Human school children. Services Coordination Body, the Macomb As ROSAS' Co-President in 1993 and 1994, Because Medicare+Choice payments are County Economic Club, and the Central Roger C. Melzer documented the extensive tied to fee-for-service cost, rather than the ac- Macomb Chamber of Commerce. She has damage being done to Prospect Park by unre- tual cost of providing care to beneficiaries en- also been a member of the Flint Chamber of stricted barbequing, organized community rolled in managed care, Medicare continues to Commerce, and is a past president of the meetings to discuss the problem and worked over-pay health plans. De-linking Michigan chapter of the International Associa- to have regulations and enforcement imposed. Medicare+Choice payments from the fee-for- tion of Personnel in Employment Security. He remains a strong advocate for more en- service program will enable Medicare to pay a Mr. Speaker, many people, not only in the forcement, better maintenance and more cap- more realistic price for managed care serv- city of Flint, have been granted a new lease ital funding to preserve the natural aspects of ices. Fostering greater competition through on life because of the dedication of Shari Prospect Park. As a twenty-year resident of competitive bidding will help to achieve this Lambert. As it is our duty to preserve and pro- Park Slope, Roger has been a regular partici- goal. tect the quality and dignity of life for our con- pant at Community Boards 6 and 7 meetings Competitive bidding would take place in stituents, let us remember that our task is where his focus has been to ensure that city both the managed care and fee-for-service made easier by people like Shari. I ask my agencies provide service to residents in Park Medicare programs. Under this bill, the Sec- colleagues in the 106th Congress to join me in Slope and Windsor Terrace and to facilitate retary of DHHS would have the explicit author- acknowledging the accomplishments of Shari new initiatives as a means of resolving neigh- ity to select items, services, and geographic Lambert. We owe her a debt of gratitude. borhood problems. areas to be included in a bidding or negotia- f All of today's honorees have long been tion process based on the availability of pro- A TRIBUTE TO REVITALIZATION known as innovators and beacons of good will viders and the potential to achieve savings. To OF THE SOUTHERN AREA OF to all those with whom they come in contact. protect quality, the bill would require that pro- THE SLOPE (ROSAS) ON THE OC- Through their dedicated efforts, they have viders meet specified quality standards in CASION OF ITS COMMUNITY each helped to improve my constituents' qual- order to participate in the bidding process. SERVICE AWARDS BANQUET ity of life. In recognition of their many accom- Competitive bidding is almost universal plishments on behalf of my constituents, I offer throughout the private sector and in many HON. ANTHONY D. WEINER my congratulations on their being honored by other areas of government contracting. How- OF NEW YORK ROSAS. ever, HCFA is still forced to go through tor- IN THE HOUSE OF REPRESENTATIVES f tured demonstration processes to ``test'' this Thursday, May 20, 1999 INTRODUCTION OF MEDICARE basic tool of capitalism. Mr. WEINER. Mr. Speaker, I rise today to MODERNIZATION #4 MEDICARE At this moment, HCFA is trying to get three invite my colleagues to pay tribute to Revital- PERMANENT COMPETITIVE BID- competitive bidding demonstration projects off ization of the Southern Area of the Slope DING AUTHORITY the ground: two Medicare+Choice demonstra- (ROSAS) on the occasion of its Community tions, one in Phoenix and one in Saint Louis; Service Awards Banquet. HON. FORTNEY PETE STARK and one fee-for-service demonstration for du- rable medical equipment (DME). Unfortu- The members of ROSAS have long been OF CALIFORNIA nately, the industry is blocking HCFA's attempt known for their commitment to community IN THE HOUSE OF REPRESENTATIVES because they know that competitive bidding service and to enhancing the quality of life for Thursday, May 20, 1999 all New York City residents. will force them to charge a more realistic This banquet is not only a festive hap- Mr. STARK. Mr. Speaker, on behalf of my- price. This is not about cutting services to pening, it is a chance for all of us to celebrate self and Representative MCDERMOTT, I am beneficiaries or lowering quality standards. It's and pay tribute to a group of individuals who pleased today to introduce the fourth bill in my about helping the taxpayer so that society has have dedicated their lives to helping others. Medicare modernization package: permanent the money to improve Medicare for everyone This year's honorees truly represent the best competitive bidding authority. As with the other while extending the life of the program. Com- of what our community has to offer. bills in this series, competitive bidding will petitive bidding can work. It has worked in the Simon Brooking is the President of the 6th save money for Medicare, while also improv- public and private sectors for centuries. We Avenue & 15th Street Community Garden and ing the quality of health services provided to should make it work for Medicare too. E1052 CONGRESSIONAL RECORD — Extensions of Remarks May 20, 1999 As we search for ways to secure and im- INDIAN INTELLIGENCE INTERRO- Osan asked the DSP [Intelligence Bureau] as prove Medicare, it is appropriate to consider GATES REPORTER AFTER VISIT to why he was questioning him about his vis- TO AMERICA its abroad, the said DSP replied, ‘‘Delhi increasing the efficiency of the program wants to know all about it.’’ When again through competition. Introducing competition asked whether there were any written in- into the managed care equation will achieve HON. JOHN T. DOOLITTLE structions, he replied that ‘‘we have specific greater efficiencies, higher quality, and cost OF CALIFORNIA instructions from Delhi’’. However, nothing savings, and will enable Medicare managed IN THE HOUSE OF REPRESENTATIVES in writing was given to Mr. Osan. care to live up to its promise. Thursday, May 20, 1999 f Following is a portion of an interview from Mr. DOOLITTLE. Mr. Speaker, India has A TRIBUTE TO LACKLAND ELE- the May/June 1999 issue of Health Affairs by once again shown true nature of its democ- MENTARY SCHOOL; RECIPIENT Princeton professor Uwe Reinhardt with HHS racy by grilling a reporter who visited the OF THE UNITED STATES DE- Secretary Donna Shalala which describes how United States. Journalist Sukhbir Singh Osan PARTMENT OF EDUCATION BLUE different it has been to make progress on this has exposed the corruption and the atrocities RIBBON SCHOOL AWARD of the Indian government in newspapers and simple, basic, free enterprise approach to through his website, Burning Punjab. He vis- health care: ited the United States, Canada, and Great HON. CHARLES A. GONZALEZ OF TEXAS THE CONTROVERSY OVER COMPETITIVE Britain to cover the Sikh 300th anniversary IN THE HOUSE OF REPRESENTATIVES BIDDING marches and speak on human rights. He met with my colleague from Indiana, Mr. Burton, Thursday, May 20, 1999 Reinhardt: In my time, Medicare has been and with a minister in the Canadian govern- Mr. GONZALEZ. Mr. Speaker, I rise today a pioneer in innovating with the DRG (diag- ment. Their pictures appear on his website. nosis-related group)—based hospital pay- Mr. Osan returned to his home in to offer my sincerest congratulations to ment system, which has been copied world- Chandigarh before Indian intelligence officers Lackland Elementary School in San Antonio, wide, and the Medicare physician fee sched- showed up at his house to interrogate him for TX, upon the notification of their receipt of the ule, which has been copied by private Amer- 45 minutes, claiming they were acting on in- Blue Ribbon School Award. ican payers. If we are ever going to really structions from the central government in New Schools are awarded the Blue Ribbon test managed competition by having health Delhi. This is not the first time the Indian gov- School Award based on their performance in plans compete fairly for enrollees, only ernment has gone after Mr. Osan. He has re- regards to several criteria, including: student HCFA (the Health Care Financing Adminis- ceived anonymous threats and has been de- focus and support; active teaching and learn- tration) can actually show the way, because nied a law degree that he worked hard to earn ing; school organization and culture; chal- the private sector has not yet done it so far. because he had written news stories that the lenging standards and curriculum; professional Do you share that view? Indian government didn't like. community; leadership and educational vitality; Shalala: I share that view, but the political Dr. Gurmit Singh Aulakh, President of the school, family, and community partnerships; system has to buy into it. For instance, Council of Khalistan, brought this to my atten- and indicators of success. we’ve announced a competitive-bidding dem- tion. I understand that Dr. Aulakh has notified Lackland Elementary joins three other onstration in which we have some consensus the Committee to Protect Journalists in New schools in San Antonio and forty other Texas among the experts as to where we ought to York of Mr. Osan's mistreatment. schools, all of which excelled in these areas go and how to organize our experiment with What happened to Mr. Osan is not just an and were rewarded with the Blue Ribbon managed competition. Phoenix and Kansas isolated incident. Other reporters have been School Award from the United States Depart- City are our two sites. threatened for reporting stories critical of the ment of Education. Reinhardt: HCFA has attempted such dem- Indian government. Clearly, there is no press To receive consideration for this prestigious onstrations in Baltimore and Denver but was freedom in India despite its loud and frequent award, schools must be recommended for na- forced to abandon both efforts by private in- boasts that it is ``the world's largest democ- tional recognition by their individual state de- terests that were opposed to them. racy.'' partment of education or sponsoring agency. Shalala: Yes, in Denver we had bipartisan Does a democratic country harass reporters Nominations are then evaluated by a National support to try it. But when we got specific for covering stories that the government Review Panel including the Department of and picked the places, we immediately had doesn't like? Would a democratic country in- Education, the Department of Defense, the political opposition. However, Congress di- cite 17 freedom movements within its borders? Bureau of Indian Affairs, the Council for Amer- rected us (in the Balanced Budget Act [BBA] India is a democracy only for the Brahmin rul- ican Private Education and a select group of of 1997) to try again. We set up an advisory ing class. It is also anti-American, working with educators from around the country. The Sec- panel on which all of the political interests such models of democracy as China, Libya, retary of Education then makes a final deter- were represented. And now we’re proceeding and Cuba to undermine U.S. foreign policy. It mination based on the recommendations of again. approached China and Russia trying to build a this panel. In receiving this special recognition, I be- Reinhardt: I suppose that we should never triangular ``security alliance'' against America. expect the managed care industry to volun- We should treat India as we do other viola- lieve that Lackland Elementary School will in- tarily acquiesce to a competitive-bidding tors of religious freedom. That will help to end spire others to provide the level of quality edu- process because people instinctively don’t the kind of abuse that Mr. Osan and his fellow cation that this Blue Ribbon School Award like to compete. They prefer administered Sikhs suffer and bring real freedom to all the merits. I am proud to represent a district and prices because such prices can be manipu- nations and peoples living within India's Bor- hail from a state that has clearly placed an lated politically. Who is it, in general, that ders. emphasis on the education of our children. opposes competitive bidding? I am placing the Burning Punjab story on f Mr. Osan's harassment into the RECORD for Shalala: One source of opposition is the TRIBUTE TO COLLIS P. CHANDLER managed care industry. The companies in the information of my colleagues. that industry believe that such a process will INTELLIGENCE AGENCIES GRILL SUKHBIR SINGH undermine their profits. So the private sec- OSAN HON. BOB SCHAFFER tor—the famed competitive marketplace— Chandigarh.—True to their anti-Sikh OF COLORADO doesn’t want competition. They keep saying stance, the Indian Intelligence Agencies IN THE HOUSE OF REPRESENTATIVES have again started harassment of innocents. things like, ‘‘Health care is different; we Thursday, May 20, 1999 can’t predict our costs.’’ We have to have a Punjab based journalist, Sukhbir Singh system that is more nimble, more flexible. Osan, who recently visited Unites States, Mr. SCHAFFER. Mr. Speaker, I rise today Canada and United Kingdom for the purpose Managed care plans would not oppose a com- to pay tribute to Mr. Collis P. Chandler, Jr., a of participating in a human right convention friend of mine and a true friend of the petro- petitive-bidding process if they could modify to read a paper on the subject ‘‘Recent at- the package of benefits. But if HCFA locks tacks on Christian community in India’’ and leum industry, who passed away May 5, 1999, them into a benefits package, they want to covering the 300 year celebrations of the at the age of 72. be able to negotiate the price, rather than Khalsa community was grilled by the intel- Mr. Chandler was a man of good character making competitive bids. ligence sleuths for more than forty-five min- who loved life, his family and the industry utes at his residence on May 11. When Mr. upon which he had such a great impact. In a CONGRESSIONAL RECORD — Extensions of Remarks E1053 letter to her baby daughter describing grand- Woodard of Dallas, Texas and Paula Ann One of my top priorities in Congress is mak- father Chandler, daughter-in-law, Anne, wrote Novak of Pensacola, Florida; ten grand- ing sure that the Social Security program will eloquently telling her that many words de- children and four great-grandchildren. He was be solid and solvent for future generations. scribed him, ``loving, generous, thoughtful, car- preceded in death by two sons; Thomas Grant Our government does not have many more ing, intelligent, gifted, unique, witty, genuine. Chandler and Robert Chandler. pressing needs than saving Social Security. I He was a man who made a difference. He Mr. Speaker, it is men like Collis Chandler will not vote for spending our Social Security was a man that changed the world and that, who have made this country great. Mr. Chan- funds on items that are not emergencies. in the end, is all that one can ask from life.'' dler helped shape America by being a good Mr. Speaker, I did not vote for the Supple- I wholeheartedly support Anne's representa- solid American citizen who worked hard to im- mental Appropriations bill because the original tion of Mr. Chandler. plement the right values. He contributed to so- purpose of this so-called ``Emergency'' bill was He was born on October 5, 1926 to Louise ciety because he saw needs and filled them. lost somewhere in the process. It became a and Collis Chandler in Tulsa, Oklahoma. He Thank you, Mr. Chandler. way to spend billions of dollars outside of the served in the U.S. Navy during World War II. f budget process we have set up to control our In 1948 he graduated from Purdue University spending. The final version of this bill was not with a Bachelor of Science degree in Mechan- CONFERENCE REPORT ON H.R. 1141, fiscally responsible and I could not vote for it. ical Engineering. 1999 EMERGENCY SUPPLE- Mr. Chandler joined Sohio Petroleum Com- MENTAL APPROPRIATIONS ACT f pany in 1948 working in Louisiana and Kan- sas. In 1954 he founded the first of The Chan- SPEECH OF CELEBRATING THE DEDICATION dler CompaniesÐChandler-Simpson, Inc.Ðin OF THE LIMA FIREFIGHTERS Denver, Colorado. He was Chairman of The HON. BARON P. HILL MEMORIAL MUSEUM Chandler Company and its subsidiaries: Chan- OF INDIANA dler & Associates, LLC and The Chandler IN THE HOUSE OF REPRESENTATIVES HON. MICHAEL G. OXLEY Drilling Corporation at the time of his death. Tuesday, May 18, 1999 His companies have drilled more than 1,200 OF OHIO test wells, resulting in oil or gas discoveries or Mr. HILL of Indiana. Mr. Speaker, today the IN THE HOUSE OF REPRESENTATIVES House voted on the Conference Report of significant field extensions that number more Thursday, May 20, 1999 than 100. H.R. 1141, the 1999 Emergency Supplemental Mr. Chandler was a past chairman of the Appropriations Bill. I voted against this bill and Mr. OXLEY. Mr. Speaker, I rise today to add National Petroleum Council and Natural Gas would like to explain my vote. a few words of praise for the dedication of the Supply Association. In addition, he also served Some of the spending items in this bill were Lima Fire Fighters Memorial Museum. as president of the Rocky Mountain Oil & Gas bona fide emergencies. One emergency is The Lima Fire Department has provided out- Association. supporting our troops currently deployed over- standing basic fire fighting and safety services Over the past 30 years, he held an impres- seas in Kosovo. I have voted several times to to the Lima community since its formation in sive record of leadership in the American Pe- support our troops and the NATO operation in 1865. The museum built in Lincoln Park in troleum Institute. He served on the Board of Kosovo. When our generals say they need 6 Lima OH, will preserve the history of the Lima Directors since 1965 and the Executive Com- billion dollars to support our troops in Kosovo, Fire Department as well as all the techno- mittee since 1968. Mr. Chandler was a mem- I believe that is legitimate emergency spend- logical changes they have implemented over ber of the Management Committee and has ing. the past 133 years served on the Public Policy committee, and its I spoke recently on the floor of this House When the Lima Fire Department was first forerunner, since 1978. In 1994, he received about the emergency many American farmers established in 1865, it was a volunteer organi- the American Petroleum Institute's highest are facing at this moment. Farmers need cred- zation consisting of seven men with their only award, The Gold Medal for Distinguished it right now to plant their crops and pay their equipment being six fire hooks. These hooks Achievement. bills. I am a member of the Agriculture Com- were used to pull burning thatch from the His numerous honors and awards are a tes- mittee and represent thousands of southern roofs of buildings. Over the years, however, tament to his lifetime of service to the oil and Indiana farmers. I believe that getting our the Lima Fire Department developed into a gas industry. He received the Secretary of En- farmers adequate loans and credit should be paid, highly trained force of 88 fire fighters and ergy's ``Distinguished Service'' Medal; the one of our top priorities. I believe helping support personnel working in a three platoon Texas Mid-Continent Oil & Gas Association's farmers stay afloat is also legitimate emer- system. They are housed at the Central Fire ``Independent of the Year'' Award; the Rocky gency spending. Station and four outlying stations. Equipment Mountain Oil & Gas Association's ``Life Mem- But this bill spends billions of dollars on now includes seven pumpers, one aerial plat- bership'' Award; and, the American Associa- items that are not emergencies. For example, form, two medic units and a staff car. Approxi- tion of Petroleum Landmen's ``Distinguished today's bill spends almost twice what our gen- mately 700 fire fighters have served the city of Service'' Award. erals say they need to meet our troops' needs Lima as members of the Lima Fire Depart- His business activities outside of the petro- in Kosovo. I am a member of the House ment. leum industry have included membership on Armed Services Committee and understand More importantly, this museum will memori- the Board of Directors of the Public Service that our military has many pressing needs. alize all fire fighters who have served the Lima Company of Colorado and the Colorado Na- One of our military's most urgent needs is giv- Community and especially the four Lima fire tional Bank. ing our soldiers pay and retirement increases. fighters who have given their lives in the line Mr. Chandler gave generously of his time I will support increases in defense spending of duty. They are John S. Wolf and John Fish- and talents to his alma mater, Purdue Univer- during the regular budget process. I believe er, both of whom died as a result of the Allen sity, serving as a past president of the Purdue that fiscal responsibility requires us to consider County Courthouse fire on January 7, 1929; Alumni Association and as a member of the measures such as these during the normal Frank Kinzer, who died because of a fire on Board of Directors. He also served on the budget process, where we make the often dif- October 7, 1933, at the Ohio Music Company Board of Governors of the Purdue Foundation. ficult decisions about how we spend our lim- and Page Organ Company; and lastly, Cloyd He was currently serving on the Board of Di- ited resources. R. Webb, who died as a result of the Marshall rectors of ``Up With People.'' It is not fiscally responsible to reach into the Sporting Goods fire on January 21, 1954. He was a current member of Castle Pines surpluses in the Social Security Trust Fund to I wish to offer my sincere gratitude to all Golf Club, Denver Country Club, Burning Tree pay for government projects that we should be who are serving or who served as Lima fire Club, Bethesda, Maryland, and the Thunder- finding ways to pay for in the normal budget fighters. They perform a valuable and dan- bird Country Club, Rancho Mirage, California. process. We only have a budget surplus this gerous task for the Lima community during He is survived by his wife, Patti, a son, year if we count the surpluses generated by times of great need. I honor each and every Collis Chandler III of Denver, a daughter Mary the Social Security Trust Fund. We should not fire fighter for their dedication, knowledge, and Louise Henry of Lansing, Michigan; four step- be using the money in the Social Security hard work and hope that the Lima Fire Fight- daughters, Mary DeSimone of Denver, Gerri Trust Fund to pay for needs that are not emer- ers Memorial Museum will stand as a tribute Ann Bragdon of Arvada, Kathlyn Maureen gencies. to each of them for all time. E1054 CONGRESSIONAL RECORD — Extensions of Remarks May 20, 1999 NATIONAL AERONAUTICS AND en themselves a model for providing aero- Throughout his 32-year career in Congress SPACE ADMINISTRATION AU- space technology in accordance with NASA's Kika never lost sight of the folks back home. THORIZATION ACT OF 1999 new focus: ``better, faster, cheaper.'' ILC He fought tirelessly for his constituents. He Dover has been providing innovative and cost- also proved to be an able and effective advo- SPEECH OF effective technology since 1947. ILC Dover cate for American farmers. In no small meas- HON. MICHAEL N. CASTLE has helped to provide the technology that put ure because of his leadership, American agri- OF DELAWARE a man on the moon and Pathfinder on Mars, culture remains the envy of the world. The former chairman is also an amateur lin- IN THE HOUSE OF REPRESENTATIVES and ILC Dover will continue to help provide technology that will help future space missions guist and a gourmet cook. On many occasions Wednesday, May 19, 1999 in exploring our world. he conversed with foreign dignitaries in their The House in Committee of the Whole I am very proud of the research and devel- native tongue. On a personal level, Kika is my House on the State of the Union had under opment conducted by ILC Dover, and I am good friend, and I am so proud to sponsor this consideration the bill (H.R. 1654) to authorize proud of the contributions ILC Dover has legislation. appropriations for the National Aeronautics made to the U.S. Space Program. There is a I urge all my colleagues to cosponsor this and Space Administration for fiscal years strong commerical interest from committed, in- legislation. 2000, 2001, and 2002, and for other purposes: novative companies in the aerospace industry f Mr. CASTLE. Mr. Chairman, today the such as ILC Dover in helping to develop HONORING NEW YORK CITY PUB- House of Representatives considers an impor- TransHab technology. I am encouraged that LIC SCHOOL 122 FOR EXCEL- tant bill to improve and strengthen U.S. lead- the Committee has left the door open for LENCE IN EDUCATION ership in space exploration. This bill, the ``Na- TransHab research in development in FY01 tional Aeronautics and Space Administration and FY02, and I look forward to any future Authorization Act'' includes approval of funds Congressional hearings on the issue. HON. CAROLYN B. MALONEY for U.S. participation in the International Space f OF NEW YORK Station, funds for aerospace and earth science IN THE HOUSE OF REPRESENTATIVES research and funds for space science pro- LEGISLATION TO HONOR FORMER Thursday, May 20, 1999 grams. These are all important programs and CONGRESSMAN KIKA DE LA GARZA Mrs. MALONEY of New York. Mr. Speaker, worthy goals. However, I rise to speak in sup- I rise to salute a group of remarkable students port of an important technology for our future and educators. While we see many unfortu- efforts to explore space: funding for research HON. JAMES A. TRAFICANT, JR. nate examples of failing schools, it is refresh- and develop into TransHab technology. OF OHIO ing to share good news about a public school TransHab uses inflatable structure tech- IN THE HOUSE OF REPRESENTATIVES that is succeeding. New York State public nology to package a much larger living and Thursday, May 20, 1999 schools test all sixth-grade students for read- working volume in the equivalent Shuttle cargo Mr. TRAFICANT. Mr. Speaker, today I am ing ability. Among all the schools in the State size. In theory, the TransHab concept has introducing legislation to designate the U.S. of New York, the sixth graders at P.S. 122 fin- more volume and radiation shielding when border station located in Pharr, Texas, as the ished first in this reading test. Moreover, every compared with the current Habitation module. ``Kika de la Garza United States Border Sta- sixth-grade student at P.S. 122 ranked at the TransHab could also serve as a technology tion.'' The bill is identical to legislation I intro- highest level in reading. demonstration for the human exploration of duced in the last Congress. That bill was ap- P.S. 122's outstanding accomplishment on Mars. The NASA reauthorization bill currently proved unanimously by the House. Unfortu- this test is considered a citywide triumph be- prohibits NASA from making additional ex- nately, no action was taken on the legislation cause the students overcame competition from penditures on any inflatable structure intended by the other body. I am proud to reintroduce more affluent suburban schools. The school to replace current models on the International this bill honoring a great legislator, former attributes this success to its emphasis on ex- Space Station. However, the bill does leave Congressman Kika de la Garza. posing children to art, music and theater. the possibility for research and development of Kika de la Garza was born in Mercedes, With a diverse student body, P.S. 122 is ac- crew-related inflatable structures in FY01 and Texas on September 22, 1927. He earned his complishing an early goal of public edu- FY02. law degree from St. Mary's University in San cationÐpreparing immigrants and their chil- I understand the financial concerns the Antonio, Texas in 1952. He served in the dren with the necessary tools to build a new Committee on Science has expressed regard- Navy from 1945 to 1946, and in the Army from life in America. At P.S. 122, Hispanic students ing funding TransHab technology for the Inter- 1950 to 1952. He served in the Texas House comprise almost a third of the student body national Space Station. Ideally, I would like to of Representatives from 1953 to 1965. with Asians making up additional 20%, and Af- see TransHab technology funded now for the In 1964 he was elected to Congress, where rican Americans 10%. This School also serves station, but I agree that in a time when Con- he was sent back to Congress by the people numerous children from Italian, Greek, Indian, gress is struggling to keep the federal budget of the 15th Congressional District of Texas for Native American, and other backgrounds. balanced, all federal programs should receive 16 terms. In 1981 Kika became the chairman Forty percent of the students who succeeded scrutiny and careful consideration. However, I of the House Agriculture Committee. During so well in this standardized test began school think that it is very important that the Com- his 14-year tenure as chairman, Kika compiled with ``limited proficiency in English.'' Approxi- mittee continue to keep the door open on an impressive record of achievement and mately 65% of the student at P.S. 122 meet TransHab funding in the future. Those familiar dedicated service to America's farming com- the criterion for free school lunches. with TransHab technology believe that this munity. The educators at P.S. 122 are to be strong- technology validates potential technology for Most notably, Kika went out of his way to ly commended for their success. I particularly future solar system exploration. TransHab foster a climate of cooperation, inclusiveness want to recognize the principle of P.S. 122, technology could possibly mean a manned-ex- and bi-partisanship on the committee. Under Mary Kojes, whose leadership helped inspire ploration of Mars which could result in a his able leadership, the Agriculture Committee the best from the students who took the test. wealth of scientific information previously un- was able to form a consensus on a number of This spirit no doubt inspired, and continues to available. important and intricate agricultural issues. inspire, her students to strive for excellence. I believe that scientific research is vital to In the 103rd Congress Kika played a lead Mary Kojes and the extraordinary teachers of the current and future prosperity of our nation. role in the enactment of legislation revamping P.S. 122 have provided that New York City I think we owe it to ourselves, to our nation, and streamlining the U.S. Department of Agri- School students can reach the highest levels and especially to our children to keep the culture. Kika de la Garza guided through legis- of achievement when they are properly pre- dream of manned space exploration alive. lation that made many needed and important pared. The Students of P.S. 122 have also TransHab technology is an investment in our changes, without eviscerating those USDA benefited from the support of the School Dis- future. To permanently close the door on such programs that were effective and needed to trict 30 Superintendent, Dr. Angelo Gimondo research and development jeopardizes this help America's farmers and protect the public. and his staff. nation's preeminence in science and tech- The bill, now law, made remarkable The real heroes of this story are the stu- nology. changes at USDA. Because of Chairman de la dents of P.S. 122. This success demonstrates In my home state of Delaware, we are fortu- Garza's leadership and sage counsel, the bill that hard work has clear and definite rewards. nate to have ILC Dover, a leader in the aero- represented the right way to ``reinvent'' gov- I asks my colleagues to join me in com- space industry and a company that has prov- ernment. mending all those associated with P.S. 122. CONGRESSIONAL RECORD — Extensions of Remarks E1055 MEDICALLY UNDERSERVED technology in recent years. Digital tech- its participants with much more information ACCESS TO CARE ACT nologyÐand more specifically, the InternetÐ at much lower cost than is available in more has brought a world of libraries and maga- traditional forms of commerce. This addi- zines and newspapers and on-line stock trad- tional information will allow for the much HON. DONNA MC CHRISTENSEN more efficient operation of markets for cap- OF THE VIRGIN ISLANDS ing to consumers' living rooms. ital, labor, and goods. If a small businessman And while technology played a critical role in IN THE HOUSE OF REPRESENTATIVES is seeking a loan, the Internet will allow him paving the way for the Information Age, it's to learn the terms offered by banks all over Thursday, May 20, 1999 clear that access to the information itself is the country. If a computer programmer is Mrs. CHRISTENSEN. Mr. Speaker, yester- just as important. Consumers use the Internet looking for a job, the Internet will allow him day I along with 38 of my colleagues on the to price shop, to compare mortgage rates, to to learn about opportunities in distant cit- Congressional Black Caucus introduced H.R. buy stocks, and for a variety of other commer- ies. And if a homeowner needs to buy a new 1860, the Medically Underserved Access to cial activities. The underlying ingredient to all refrigerator, the Internet will provide him of these activities is information. Without it, with the prices in stores throughout the re- Care Act which seeks to address the needs of gion. This information will obviously benefit minorities in the managed care system. As a electronic commerce would still be a twinkle in both the purchaser and the seller of goods physician, I have seen the problems that mi- Bill Gates' eye. and services. We have seen some of these noritiesÐboth patients and healthcare pro- It is therefore critical that Congress take benefits in the last five years, and they will vidersÐcan face within the managed care great care when it enacts laws that relate to only accelerate in the years to come. system. This bill seeks to ameliorate some of consumers' access to information. Along with One of the most explosive areas of growth these difficulties by proposing some concrete my colleagues on the Committee on Com- that consumers have benefitted from solutions to overcome these problems. merce, Messrs. Dingell, Tauzin, Markey, through the Internet is in the area of securi- A key provision of H.R. 1860 would require Oxley, and Towns, I am introducing legislation ties investing. According to a recent study, the number of households with people trad- managed care organizations to contract with that ensures that consumers and investors will continue to have full access to information ing on the Internet has nearly tripled, to 6.3 providers in medically underserved commu- million in the last 16 months. And the same nities who are ethnically representative of the when they surf the Web. H.R. 1858, the Consumer and Investor Ac- study reported that 20 million households population of those communities. This will help use the Internet for investment news, quotes to ensure that these providers have the cul- cess to Information Act of 1999, provides new and ideas. This access to information about tural sensitivity needed to interact with their protection to publishers of electronic data- the stock market has empowered investors patients in an understanding manner that will bases, while ensuring that public access to in- and given them greater control over their fi- directly cater to their specific medical needs formation will not be limited by publishers' as- nances. Studies have reported that investors feel increasingly secure about their invest- and concerns as minorities. serting a proprietary right over facts and infor- mation, which historically have been part of ment decisions as they use the Internet to To make this lofty goal a reality, H.R. 1860 monitor their portfolios, follow news about establishes a program of outreach grants to the public domain. The bill's anti-theft protec- tions will also protect institutions like the stock their holdings and obtain other information underserved communities that will help pa- about their investments. exchanges from hackers and pirates seeking tients locate culturally sensitive providers with- Indeed, the Internet will make it so much in their managed care plan. The bill also cre- to undermine the integrity of the data they dis- easier for people to access information that ates a similar outreach grant program for doc- seminate to the public. they will be confronted with a new problem— Mr. Speaker, we live in the Information Age. tors that will be operated through a national too much information. Accordingly, people We must keep informationÐlike stock private non-profit organization in conjunction will need tools for locating and organizing quotesÐreadily available to consumers on the the information into useful forms. Other- with the Department of Health and Human information superhighway. Millions of Ameri- wise, the information will be overwhelming. Services. The specific goal of this program will cans depend on information they obtain over Such tools already exist in the form of data- be to assist minority physicians and other the Internet to help them make important in- bases, search engines, and webcrawlers, and health care providers to convert their practices vestment decisions. This bill will ensure that these tools are becoming more sophisticated and internal administrative procedures to best to keep up the information that is flooding consumers and investors continue to have ac- access the managed care system for both pri- the Internet. cess to this information. vate insurance plans and Medicaid insurance The basic information policy of this coun- Mr. Speaker, Americans should not have to plans. try—a policy that has existed since the writ- pay tolls for public information obtained on the Ultimately, this bill seeks to redress the ing of the Constitution—has served many information superhighway. Facts and informa- many grievances that minority physicians and communities, including the Internet and tion should remain toll-free on the information electronic commerce, extremely well. Our patients have expressed regarding the man- superhighway. Facts and information like stock long-standing policy says that facts cannot aged care system. Addressing the problems quotes have been, and under H.R. 1858, will be ‘‘owned.’’ Instead, they are in the public that minorities face within the managed care continue to remain readily available to the domain. Accordingly, a database publisher system will take us one step closer to realizing can visit the site of every bank in a state, public. extract data concerning each bank’s loan the goal of Members of Congress on both Mr. Speaker, in addition to my statement, I sides of the aisle to ensure that all Americans programs, and construct a larger database am submitting for the RECORD a background with loan information for all the banks. An- have access to quality care delivered in an ap- piece on, as well as a section-by-section anal- propriate manner. other database publisher can then extract ysis of, H.R. 1858. I urge my colleagues to some of that information, and combine it I want to express my thanks to the National join me, along with the rest of the bipartisan with other information—for example, loan Medical Association and its President, Dr. leadership of the Committee on Commerce, in programs from out-of-state banks, or cus- Gary Denis, for their invaluable help in devel- supporting this legislation. tomer service ratings of the banks)—to cre- oping the language of this bill and assisting in ate a new, more useful database which pro- getting it ready for introduction. I also want to H.R. 1858, THE CONSUMER AND INVESTOR motes commerce. ACCESS TO INFORMATION ACT OF 1999 thank my colleagues on the CBC for their sup- This information policy facilitates elec- port in joining me as cosponsors of this impor- THE IMPORTANCE OF INFORMATION TO tronic commerce at an even more funda- ELECTRONIC COMMERCE tant bill. mental level. The culture of science involves Economists have long recognized that one combining new data with existing databases f of the great obstacles to the efficient oper- to create more powerful research tools. Al- H.R. 1858, THE CONSUMER AND IN- ation of markets is imperfect information. A lowing scientists to reuse facts, rather than consumer might pay too much for an item VESTOR ACCESS TO INFORMA- requiring them to ‘‘reinvent the wheel,’’ en- because he or she was unaware of the lower sures that research moves forward. Research TION ACT OF 1999 price being charged for the item at another and development is the foundation of all store, and the transaction cost of visiting all commercial activity. HON. TOM BLILEY the stores to determine which charged the least exceeded the savings of buying at the THE NEED FOR LIMITED LEGISLATION OF VIRGINIA least expensive store. This problem has be- Although the existing information policy IN THE HOUSE OF REPRESENTATIVES come more significant as markets have be- generally functions well in the context of the Thursday, May 20, 1999 come more complex. The need for informa- Internet and electronic commerce, there is tion on which to base economic decisions is one potential problem. Digital technology, Mr. BLILEY. Mr. Speaker, we hear the greater now than ever before. which makes the Internet and electronic phrase quite often that ``we live in the Informa- One of the great virtues of electronic com- commerce possible, also increases the likeli- tion Age.'' This is true because of advances in merce is that it has the potential to provide hood of unfair competition in the database E1056 CONGRESSIONAL RECORD — Extensions of Remarks May 20, 1999 publishing marketplace. Current law pro- vide protection for the exchanges or other Section 101(3) defines ‘‘information’’ as vides some protection against unfair com- market information processors against pi- facts, data, or other intangible material ca- petition. For example, the selection, coordi- rates of that market data. In order to pro- pable of being collected and organized in a nation, and arrangement of facts in a data- tect the exchanges and other market infor- systematic way. Works of authorship are ex- base are often protected by copyright. In ad- mation processors against hackers or others cluded from the definition of information. dition, databases may be protected by li- who would undermine the integrity of the Such works—both individually and collec- cense, technological measures (e.g., data they disseminate or threaten their abil- tively—are adequately protected by copy- encryption and watermarks), the state com- ity to disseminate that data, Title II of H.R. right. Section 101(4) defines ‘‘commerce’’ to mon law of misappropriation, trademark, 1858 provides a limited cause of action that mean all commerce which may be lawfully and trade secret. enables market information processors to regulated by the Congress. But notwithstanding these many legal stop, and collect damages from, a person who The definition of ‘‘in competition with’’ in remedies, there are complaints that system- disseminates data that he has obtained from Section 101(5) has two components. First, the atic unauthorized commercial copying of a market information processor without that database must displace substantial sales of databases, particularly comprehensive data- market information processor’s authoriza- the database of which it is a duplicate. Sec- bases stored in digital form, may sometimes tion. ond, the database must significantly threat- go unremedied because of gaps in current Because market information processors en the opportunity to recover a return on the law. H.R. 1858, the Consumer and Investor provide market data to parties by means of investment in the collecting or organizing of Access to Information (CIAI) Act of 1999, is contractual arrangements, and thus have the the duplicated database. Thus, a duplicate of designed to plug a hole that exists in current ability to seek redress under contract law in a database uploaded onto the Internet with- law. the event that a contracting party dissemi- out authorization could be in competition Because databases are items of commerce nates the market data in a manner that is with the underlying database (even if the in their own right, and are critical tools for noncompliant with the contract, the cause of Internet duplicate is available without facilitating electronic commerce—indeed, in action that the bill provides is limited to ac- charge) if it displaces substantial sales and all commerce—Congress must assure that tions against parties with whom the market threatens the opportunity to recover a re- database publishers have sufficient protec- information processors do not have a con- turn on the investment in the first database. tract or other agreement (such as hackers). tion against unfair competition. At the same Section 101(6) defines two types of ‘‘govern- Title II of H.R. 1858 also ensures that inde- time, the protection for databases must not ment databases.’’ First, the term includes pendently gathered real-time market data go so far as to protect the individual facts databases collected and maintained by the can be disseminated without triggering the contained in the database. These must be United States of America, or any agency or bill’s protections—thus ensuring that indi- available for a variety of second generation instrumentality thereof. Second, the term viduals who develop a new database that uses. Otherwise, those engaged in second also includes a database that is required by they have not gleaned from a market infor- generation uses—from a value-added pub- Federal statute or regulation to be collected mation processor will be free to disseminate lisher, to a research scientist, to the con- or maintained, to the extent so required. sumer who compiles his own database when that database. Section 102: Prohibition Against Distribu- comparing characteristics of different cars— Title II’s limited scope provides necessary tion of Duplicates. Section 102 sets forth the would have to either pay a license fee, or protection to market information proc- core prohibition against the sale or distribu- somehow ‘‘re-discover’’ the facts themselves. essors, without creating a new property tion to the public of duplicated databases. This would amount to ‘‘a tax on informa- right over market data that would enable Under Section 102, it is unlawful for any per- tion.’’ Moreover, it would represent a radical market information processors to inappro- son, by any instrumentality or means of departure from our information policy that priately limit the dissemination of market interstate or foreign commerce or commu- has made us the most technologically ad- data to public investors, such as on-line in- nications, to sell or distribute a database vanced nation in world history. vestors. These investors need market data, Accordingly, Title I of H.R. 1858 prohibits a such as real-time stock prices, in order to that is a duplicate of a database collected person from selling or distributing a dupli- make their investment decisions. and organized by another person, and that is sold or distributed in commerce in competi- cate of a database collected and organized by SECTION-BY-SECTION ANALYSIS OF H.R. 1858 tion with that other database. Section 102 is another person that competes in commerce Section 1: Short Title. The short title of intended to achieve a necessary balance be- with the original database. The legislation H.R. 1858 is the ‘‘Consumer and Investor Ac- tween (1) promoting fair competition in the defines a duplicate of a database as a data- cess to Information Act of 1999.’’ base which is substantially the same as the database publishing market, and (2) ensuring TITLE I—COMMERCE IN DUPLICATED DATABASES consumers have unfettered access to facts first database. Further, a discrete section of PROHIBITED a database may also be treated as a data- and information. Section 101: Definitions. Section 101(1) de- Section 103: Permitted Acts. Section 103 base. Thus, H.R. 1858 prevents the distribu- fines a ‘‘database’’ as a collection of discrete tion of pirated databases which could threat- sets forth a variety of permitted acts. Sec- items of information (information is defined tion 103(a) clarifies that nothing in Title 1 of en investment in database creation. At the in Section 101(3)) that have been collected same time, it does not prevent reuse of infor- the DFCA restricts a person from selling or and organized in a single place, or in such a distributing to the public a database con- mation for purposes of creating a new data- way as to be accessible through a single base. sisting of information obtained by means source. The collection and organization must other than by extracting it from a database The issue of protecting databases is espe- have required investment of substantial cially significant to the securities markets, collected and organized by another person. monetary or other resources, and it must Subsection 103(b) limits the application of an issue that is addressed in Title II of H.R. have been performed for the purpose of pro- this title to news reporting. It provides that 1858. This is because of the proliferation and viding access to those discrete items of in- nothing in the title shall restrict any person growing importance of on-line investing. Re- formation by users of the database. The term from selling or distributing to the public a cent statistics have shown that on-line trad- database does not include textbooks, arti- duplicate of a database for the sole purpose ing now accounts for nearly 1 out of every 7 cles, biographies, histories, scientific arti- of news reporting, including news gathering equity trades (about 14%) and is growing rap- cles, other works of narrative prose, speci- and dissemination, or comment, unless the idly, with an increase of over 34% in on-line fications, and other works that include items information duplicated in time sensitive and activity in the last quarter over the previous of information combined and ordered in a has been collected by a news reporting enti- quarter. logical progression or other meaningful way ty, and the sale or distribution is part of a Having access to real-time stock quotes is in order to tell a story, communicate a mes- essential to on-line investors. Investors can- sage, represent something or achieve a re- consistent pattern engaged in for the pur- not make informed buy-and-sell decisions sult. pose of direct competition. without knowing the price of the stock they Section 101(1) also makes clear that a dis- Subsection 103(c) specified that nothing in are trying to buy or sell. The way on-line in- crete section of a database may also be Title I shall prohibit an officer, agent, or em- vestors get this information is generally treated as a database. For example, if a di- ployee of the United States, a state, or a po- through the website of their on-line broker. rectory of restaurants in the District of Co- litical subdivision of a State, or a person act- Investors typically do not pay for this serv- lumbia is organized by type of food, the sec- ing under contract of such officers, agents, ice. The brokers who provide this informa- tion comprising Italian restaurants could or employees, from selling or distributing to tion to their on-line investing customers, constitute a database within the meaning of the public a duplicate database as part of however, do pay a fee. They pay the stock the statute, even though it is part of a larger lawfully authorized investigative, protec- exchanges for access to the ‘‘feed’’ of real- database (i.e., the D.C. restaurant directory). tive, or intelligence activities. time stock quotes. (‘‘Real-time’’ stock Section 101(2) defines ‘‘a duplicate’’ of a Subsection 103(d) provides that no person quotes are to be distinguished from those database as a database which is substan- or entity who, for scientific, educational, or provided on a delayed basis, for which stock tially the same as the original database, and research purposes, sells or distributes to the exchanges typically do not charge a fee.) was made by extracting information from public a duplicate of a database, shall incur While the Federal securities laws provide the original database. A database need not liability under this title so long as the con- the regulatory structure under which the be identical to another database in order to duct is not part of a consistent pattern en- dissemination of securities transaction data be considered ‘‘substantially the same as’’ gaged in for the purpose of direct commer- to the public is governed, they do not pro- the original database. cial competition. CONGRESSIONAL RECORD — Extensions of Remarks E1057 Section 104: Exclusions. Section 104 pro- facilities therefore, shall not be liable for a deem reasonable, to prevent a violation of vides for exclusions to Section 102’s prohibi- violation of Section 102 if such provider or Paragraph 11A(e)(1). Under Subparagraph tion. Subsection 104(a)(1) provides that pro- operator did not initially place the database 11A(e)(2)(C), a plaintiff would be permitted to tection for databases under Section 102 does that is the subject of the violation on a sys- recover money damages sustained by the not extend to government databases, as such tem or network controlled by the provider or plaintiff when a violation of Paragraph (1) databases are defined in Section 101(6). Sub- operator. was established in a civil action. And under section 104(a)(2) clarifies that the incorpora- Subsection 106(b) limits the liability of a Subparagraph 11A(e)(2)(D), a court, in its eq- tion of all or part of a government database person for a violation of Section 102 if the uitable discretion, would be authorized to into a non-government database does not person benefiting from the protection af- order disgorgement of the amount of defend- preclude protection for the portions of the forded by Section 102 misused that protec- ant’s monetary gain directly attributable to non-government database which came from a tion. Subsection 106(b) sets forth six non- a violation of Paragraph (1) if the plaintiff is source other than the government database. exclusive factors a court should consider in not able to prove recoverable damages to the Section 104(a)(3) provides that Title I does determining whether a person has misused full extent of the defendant’s monetary gain. not prevent Federal, state, or local govern- the protection provided by Section 102. Paragraph 11A(e)(3) would exclude two ment from establishing by law or contract Section 107: Enforcement. Section 107 au- types of legitimate activity from the scope that a database funded by Federal, state, or thorizes the Federal Trade Commission to of the bill—the independent gathering of local government shall not be subject to the take appropriate actions under the Federal real-time market information and news re- protections of this title. Trade Commission Act to prevent violations porting. Under Subparagraph 11A(e)(3)(A), no Subsection 104(b) excludes databases re- of Section 102. person would be restricted from independ- lated to Internet communications. In par- Section 108: Report to Congress. Section ently gathering real-time market informa- ticular, under Subsection 104(b), protection 108 directs the Federal Trade Commission to tion, or from redistributing or disseminating does not extend to a database incorporating report to Congress within 36 months of en- such independently gathered information. A information collected or organized to per- actment on the effect Title I has had on elec- person would be considered to obtain real- form (1) the function of addressing, routing, tronic commerce and the domestic database time market information ‘‘independently’’ forwarding, transmitting or storing Internet industry. only to the extent that such information was communications, or (2) the function of pro- Section 109: Effective Date. Section 109 not obtained, directly or indirectly, from a viding or receiving connections for tele- provides that Title I of H.R. 1858 shall take market information processor. In addition, communications. effect on the date of enactment of this Act, under Subparagraph 11A(e)(3)(B), no news re- Most databases stored in digital form re- and shall apply only to the sale or distribu- porting entity would be restricted from ex- quire computer programs for their use. Para- tion after that date of a database that was tracting real-time market information for graph 104(c)(1) therefore provides that pro- collected and organized after that date. the sole purpose of news reporting, including news gathering, dissemination, and com- tection for databases under Section 102 shall TITLE II—SECURITIES MARKET INFORMATION not extend to computer programs (as defined ment, unless the extraction was part of a Section 201: Misappropriation of Real-Time in 17 U.S.C. § 101), including computer pro- consistent pattern of competing with a mar- Market Information. Section 201 of H.R. 1858 grams used in the manufacture, production, ket information processor in the distribution amends Section 11A of the Securities Ex- operation or maintenance of a database. Fur- of real-time market information. Thus, news change Act of 1934 by adding a new Sub- ther, any element of a computer program organizations that limit their use of real- section 11A(e), entitled ‘‘Misappropriation of necessary for its operation is not protected. time market information to legitimate re- At the same time, Paragraph 104(c)(2) ex- Real-Time Market Information.’’ Subsection porting of the news would not be subject to plains that a database that is otherwise sub- 11A(e) prohibits the misappropriation of liability. ject to protection under Section 102 does not real-time market information from a market Paragraph 11A(e)(4) establishes the rela- lose that protection solely because it resides information processor, establishes liability tionship of Subsection 11A(e) with a variety in a computer program. However, the incor- on the part of any person who violates the of other Federal and State laws that also porated database receives protection only so prohibition, and provides a market informa- may address the dissemination of real-time long as it functions as a database within the tion processor with a variety of remedies market information. Subparagraph meaning of Title I (i.e., a collection of dis- against the violator. This provision ex- 11A(e)(4)(A) provides that Subsection 11A(e) crete items of information collected for the pressly permits certain acts that are not in- would exclusively govern the unauthorized purpose of providing access to those discrete cluded in the prohibition, namely inde- extraction, sale, distribution or redistribu- items by users), and not as an element nec- pendent gathering of market information tion, or other dissemination of real-time essary to the operation of the computer pro- and news reporting of market information. market information and would supersede any gram. The subsection also limits the cause of ac- other Federal or State law, whether statu- Subsection 104(d) provides that protection tion provided by the bill to apply only to tory or common law, to the extent that such for databases under Section 102 does not pro- parties with whom the market information other Federal or State law is inconsistent hibit the sale or distribution to the public of processor does not have a contract regarding with Subsection 11A(e). This subparagraph any individual idea, fact, procedure, system, the real-time market information or other would not preempt State law that is not in- method of operation, concept, principle, or right the market information processor is consistent with Subsection 11A(e) (e.g., State discovery. Finally, under subsection 104(e), seeking to protect. law governing trademark or trade dress). In provides that protection for databases under Paragraph 11A(e)(1) imposes liability on addition, under Subparagraph 11A(e)(4)(B), Section 102 does not extend to subscriber list any person who obtains, directly or indi- Subsection 11A(e) would not limit or other- information. rectly, real time market information from a wise affect the application of any provision Section 105: Relationship to Other Laws. market information processor, and directly of the federal securities laws or the rules or Section 105 explains the relationship of the or indirectly extracts, sells, distributes or regulations thereunder, and would not im- DFCA to other laws. Subsection 105(a) makes redistributes, or otherwise disseminates such pair or limit the authority of the Securities clear that, subject to the preemption under real-time market data without the author- and Exchange Commission. Thus, the Com- Subsection 105(b), nothing in Title I affects a ization of the market information processor. mission’s existing authority over distribu- person’s rights under the laws of copyright, The prohibition in Paragraph 11A(e)(1) would tors of market information, including its au- patent, trademark, design rights, antitrust, not apply to a person who merely obtained, thority over fees charged for market infor- trade secrets, privacy, access to public docu- directly or indirectly, real-time market in- mation, would continue unchanged. ments, misuse, and contracts. Subsection formation from a market information proc- Subparagraph 11A(e)(4)(C) provides that 105(b) preempts state laws inconsistent with essor, but did not disseminate the informa- the constraints that are imposed by Federal the DFCA’s prohibition in Section 102. tion in any way. and State antitrust laws on the manner in Section 105(c) provides that, subject to the Paragraph 11A(e)(2) sets forth the remedies which products and services may be provided provisions on misuse in Subsection 106(b), that a market information processor is au- to the public, including those regarding the nothing in Title I shall restrict the rights of thorized to assert against any person who single suppliers of products and services, parties freely to enter into licenses or any misappropriates real-time market informa- would not be limited in any way by Sub- other contracts with respect to the use of in- tion in violation of Paragraph (1). In par- section 11A(e). In addition, under Subpara- formation. Subsection 105(d) makes clear ticular, under Subparagraph 11A(e)(2)(A), an graph 11A(e)(4)(D), the rights of parties to that Title I of the DFCA does not affect the injured person would be authorized to bring enter freely into licenses or any other con- operation of the Communications Act of 1934, a civil action in an appropriate United tracts with respect to the extraction, sale, or the authority of the Federal Communica- States district court, except that any action distribution or redistribution, or other dis- tions Commission. against a State governmental entity may be semination of real-time market information Section 106: Limitations on Liability. Sec- brought in any court that has jurisdiction would not be restricted. Thus, the bill pre- tion 106 sets forth limitations on liability for over claims against such entity. Subpara- serves all rights under state contract law. violations of Section 102. Subsection 106(a) graph 11A(e)(2)(B) authorizes any court hav- Paragraph 11A(e)(5) limits the actions that provides that a provider of telecommuni- ing jurisdiction of a civil action under Sec- may be maintained pursuant to section cations or information services (within the tion 11A(e) to grant temporary and perma- 11A(e). Pursuant to Subparagraph meaning of Section 3 of the Communications nent injunctions, according to principles of 11A(e)(5)(A), a civil action under Subsection Act of 1934 (47 U.S.C. 153)), or the operator of equity and upon such terms as the court may 11A(e) would have to be commenced within E1058 CONGRESSIONAL RECORD — Extensions of Remarks May 20, 1999 one year after the cause of action arises or EXPOSING RACISM State, the only state-funded, historically the claim accrues. And under Subparagraph black college in Ohio. The money would be 11A(e)(5)(B), a civil action for the dissemina- HON. BENNIE G. THOMPSON used to expand the urban education program tion of market information would be pre- at the school in Wilberforce, for recruiting OF MISSISSIPPI cluded if such information was not real-time and to pay back debt from the school’s finan- market information. Thus, the bill does not IN THE HOUSE OF REPRESENTATIVES cial troubles in the 1980s and early part of the 1990s. limit in any way, or provide any cause of ac- Thursday, May 20, 1999 Taft already asked for an extra $2 million tion regarding, the use and dissemination of Mr. THOMPSON. Mr. Speaker, in my con- for Central State, Milburn said. He wants to delayed market data. Finally, Subparagraph tinuing efforts to document and expose racism meet with Central State President John Gar- 11A(e)(5)(C) precludes a civil action by a in American, I submit the following articles into land before making any other moves. market information processor against any Taft is interested in a suggestion from the CONGRESSIONAL RECORD. person to whom such processor provides real- Rep. Otto Beatty, D-Columbus, to study how time market information pursuant to a con- WHITE MAN SENTENCED TO PRISON FOR successful minority businesses are in getting tract between the two parties, but only with PUNCHING WOULD-BE BLACK NEIGHBOR state contracts, Milburn said. respect to any real-time information or any BIRMINGHAM, AL (AP).—A judge sentenced The issue of minority set-asides has been at the center of conflicting rulings recently right that is provided pursuant to the con- a white man to 2 years in federal prison and ordered him to pay more than $30,000 for from the Ohio Supreme Court and a federal tract. Market information processors would district judge. But until the matter is de- continue to have available their contractual punching a black man who wanted to be his next-door neighbor. cided, Taft wants to resume Ohio’s programs remedies regarding persons with whom they Wendell Johnson, 33, was convicted in Feb- without raising new legal issues, Milburn have a contract, but would not be afforded ruary of violating the Fair Housing Act by said. new remedies under Subsection 11A(e) hitting Kenneth Ray Coleman, who suffered Taft also will consider another Beatty pro- against these persons with respect to rights a broken nose in the assault. posal: an order dealing with affirmative ac- covered by that contract. ‘‘I want to apologize,’’ Johnson, choking tion statewide. back tears, told Coleman during a hearing Taft might be interested in expressing sup- Paragraph 11A(e)(6) defines several terms port for reaching out to women and minority used in section 11A(e) that are not defined Wednesday. ‘‘I know you went through a lot of hard times because of it.’’ businesses and encouraging them to seek elsewhere in the Exchange Act. The term Coleman, 35 said he believed the apology state contracts, but he opposes quotas, ‘‘market information’’ is defined in Subpara- was sincere and accepted it. Milburn said. graph 11A(e)(6)(A) to mean information with Johnson hit Coleman in the face last June Among the other ideas suggested by the respect to quotations and transactions in after Coleman came to his house and asked legislators:—Adding more money for edu- any security, the collecting, processing, dis- where he could find the local water company. cation to stop the spread of AIDS, particu- tribution, and publication of which is subject Coleman testified he has since had breath- larly among young blacks and women. to the Exchange Act. Under Subparagraph ing difficulties, and a doctor has rec- Creating an independent watchdog agency ommended surgery to fix the problem. But, to oversee state contracts. 11A(e)(6)(B), the Securities and Exchange Making sure that minorities and inner city Coleman said, he lacks the $3,500 for the op- Commission may, consistent with the pro- residents get their fair share of the money eration. tection of investors and the public interest, from the state’s settlement with the tobacco U.S. District Judge U.W. Clemon ordered prescribe by rule the extent to which market industry. Johnson to pay Coleman $30,911 for pain, suf- information shall be considered to be real- Including more minorities in state govern- fering, lost wages and other expenses related time market information for purposes of ment jobs and on state boards and commis- to the assault. Johnson also was ordered to sions. Subsection 11A(e), but in promulgating any pay $1,300 to the Alabama Crime Victims’ such rule, the Commission must take into Compensation Commission. UNIVERSITY OF TEXAS ASKS COURT TO account the present state of technology, dif- Clemon said he would consider a request to RECONSIDER ITS HOPWOOD RULING ferent types of market data, how market let Johnson remain free during a possible ap- participants use market data, and other rel- peal. JIM VERTUNO evant factors. This requirement is designed (BY AUSTIN, TX (AP).—The University of to ensure that any rule that the Commission TAFT SCORES POINTS AT MEETING WITH BLACK Texas has asked a federal appeals court to promulgates regarding real-time market DEMOCRATS WITH BC–OH reconsider a decision that led to the elimi- data does not hinder access by investors to (by Paul Souhrada) nation of affirmative action policies at the state’s public colleges and universities. such data, and maximizes the access by in- COLUMBUS, OH (AP).—The honeymoon con- School officials asked the 5th U.S. Circuit vestors to all market data, including real- tinues for Gov. Bob Taft. Taft, who smoothed Court of Appeals on Tuesday to reconsider time and delayed market data. In the ab- relations with labor leaders last month, its so-called Hopwood ruling. sence of Commission action, the determina- scored points with black lawmakers during a ‘‘This case addresses one of the most im- tion of whether market information is real- wide-ranging meeting over issues important portant issues of our time . . . and it de- time market information would be left to to minorities. serves the fullest possible hearing and a the courts with jurisdiction over civil ac- The members of the all-Democratic Ohio most careful decision by the federal courts,’’ tions under Subsection 11A(e) to interpret Legislative Black Caucus on Wednesday said Larry Faulkner, president of the univer- asked Taft, a Republican, for more money the plain language of the term ‘‘real-time.’’ sity. for Central State University, a more aggres- The Hopwood ruling came in a lawsuit Finally, the term ‘‘market information sive state affirmative action program and a against the University of Texas law school’s processor’’ with respect to any market infor- commitment to appoint more minorities to former affirmative-action admissions policy. mation is defined in Subparagraph state agencies. The ruling, which found that the policy 11A(e)(6)(C) to mean the securities exchange, ‘‘We had a very fruitful meeting with the discriminated against whites, was allowed to self-regulatory organization, securities in- governor,’’ Sen. C.J. Prentiss, D-Cleveland, stand in 1996 by the U.S. Supreme Court. formation processor, or national market sys- told reporters afterward. Former Attorney General Dan Morales tem plan administrator that is responsible Taft impressed the group with his sin- then issued a legal opinion directing Texas under the Exchange Act or the rules or regu- cerity, Prentiss said. Taft also found the colleges to adopt race-neutral policies for ad- meeting useful and said he wants to meet lations thereunder for the collection, proc- missions, financial aid and scholarships. with the group again, said spokesman Scott Legislators asked new Attorney General essing, distribution, and publication of, or Milburn. John Cornyn for a second opinion. His office preparing for distribution or publication, of Taft was particularly interested in looking helped university officials write the appeal such market information. for ways to increase literacy among school- submitted Tuesday. Section 202: Effective Date. This section children, said Prentiss, president of the According to University of Texas System provides that the new Subsection 11A(e) black caucus. She said she told Taft that her Regent Patrick Oxford, the Hopwood ruling shall take effect on the date of the enact- 18-member group was concerned that the cor- left Texas at a competitive disadvantage ment of H.R. 1858, and shall apply to acts nerstone of his literacy program—the high- with other public universities in recruiting profile OhioReads campaign to recruit 20,000 committed on or after that date. Further- students. volunteer reading tutors—falls short of what The appeal argues that limited consider- more, no person shall be liable under Sub- is needed. ation of race in admissions is necessary to section 11A(e) for the extraction, sale, dis- Milburn said Taft assured the lawmakers overcome the effects of past discrimination. tribution or redistribution, or other dissemi- that OhioReads was only the first step in the It also says the school has a compelling in- nation of real-time market information prior governor’s effort to make sure all children terest in a racially and ethnically diverse to the date of enactment of this bill, by that learn to read. student body. person or by that person’s predecessor in in- Prentiss also pressed Taft to ask law- A state Comptroller’s Office study released terest. makers for another $3.5 million for Central in January showed a drop in the number of CONGRESSIONAL RECORD — Extensions of Remarks E1059

minorities applying for, being admitted to The report, commissioned by state Attor- FORMAL CEREMONY WILL DECRY RACISM IN and enrolling in some of the state’s most se- ney General Peter Verniero, stresses ‘‘the OREGON’S HISTORY lective public schools. great majority of state troopers are honest, PORTLAND, OR (PA).—Bobbi Gary moved to dedicated professionals.’’ Portland in 1942 and found a scene straight PROPOSAL WOULD MAKE OLE MISS PRIVATE But the force’s command structure needs out of the old South. to institute policy changes to end a culture OXFORD, MISS. (AP).—A College Board Restaurants wouldn’t seat her. Real estate that encourages using race as a reason to member has proposed making the University agents wouldn’t sell to her. And theaters stop motorists, the report says. of Mississippi a private institution as part of would only let her sit in the ‘‘buzzard roost’’ While six out of 10 motorists stopped are the settlement in the state’s 24-year-old col- seats—all because she is black. white, minorities are far more likely to be lege desegregation case. Gary will recall those experiences when subjected to searches and aggressive treat- James Luvene of Holly Springs submitted she travels to Salem on Thursday to hear Or- ment by troopers, the report said. Statistics the proposal, among others, to U.S. District egon’s leaders formally acknowledge the show that 77.2 percent of motorist searches state’s discriminatory past. Judge Neal Biggers Jr. were of blacks or Hispanics, and only 21.4 The Day of Acknowledgment, timed to co- ‘‘Allowing Ole Miss to go private will help percent were of white motorists. incide with the 150th anniversary of a law solve many funding problems as they exist ‘‘Minority motorists have been treated dif- that barred ‘‘negroes and mulattos’’ from the today,’’ Luvene said in the 10-page proposal. ferently than non-minority motorists during Oregon Territory, also will honor Gary and Luvene said his proposal is designed to the course of traffic stops on the New Jersey others who have struggled for racial justice. ‘‘bring closure to our state’s long and painful Turnpike,’’ the report says. ‘‘We conclude Leaders of Oregon Uniting, the multiracial epoch of discrimination against black citi- the problem of disparate treatment is real— organization that proposed the Day of Ac- zens and historically black institutions of not imagined.’’ knowledgment, hope a ceremony formally higher learning.’’ The report came one day after two troop- recognizing the state’s racist past will be a Immediately the plan drew opposition ers were indicted on charges they falsified step toward racial healing. from lawmakers and Ole Miss. reports to make it appear that some of the Some who plan to witness the ceremony ‘‘We’re a great public university,’’ said Ole black motorists they pulled over were white. say they are ambivalent about it—pleased at Miss Chancellor Robert Khayat. ‘‘We like The U.S. Justice Department also has been the recognition, but skeptical about what it being a public university and can only serve investigating racial profiling allegations will accomplish. the state better.’’ against New Jersey’s state police. Similar ‘‘To acknowledge these things forces us to The desegregation lawsuit, known as the accusations have been made in Florida, relive them,’’ said Carl Flipper Jr., a North Ayers case, accused the state of neglecting Maryland, Connecticut and elsewhere along Portland economist who has rented a bus for its three historically black universities. the Interstate 95 corridor. more than 30 Portland blacks who will at- Biggers is overseeing the desegregation of The findings in the report confirm what tend the ceremony. ‘‘It’s painful.’’ Mississippi’s colleges. many civil rights activists said they have Witnesses will bring different memories to Khayat said he is not familiar with any known for years. the observance in the House chamber on public American university ever going pri- ‘‘We do not believe that any reasonable Thursday. vate. person in New Jersey is surprised at all Sue Shaffer, chairwoman of the Cow Creek Luvene recommended paying the Oxford today to hear this acknowledgment,’’ said Band of Umpqua Tribes in Southern Oregon, college $151 million before making it private The Rev. Reginald Jackson, executive direc- will think about a massacre of American In- in 2000. He recommended that the University tor of the Black Ministers Council of New dians outside Roseburg in the mid-1850s. of Mississippi Medical Center in Jackson be- Jersey. ‘‘Now, however, comes the hard and ‘‘I am hoping, and I said hoping, that come independent and be called the State In- difficult part, and that is the process ending events like this, days like this, acts like stitute of Health and Medicine. racial profiling.’’ this, will help to bring up a consciousness Khayat also opposes that and said 72 of the across America of the rightful place of In- 73 U.S. medical centers are tied to a parent JUDGE APPROVES END TO RACE-BASED dian people.’’ she said. university. ENROLLMENT IN SAN FRANCISCO Peggy Nagae, a former civil rights attor- ney and now a diversity consultant based in ‘‘It’s just ludicrous what he (Luvene) is (by Bob Egelko) Eugene, said she will think about her par- saying,’’ said Sen. Terry Jordan, D–Philadel- SAN FRANCISCO (AP).—A federal judge has ents, grandparents and others in the Japa- phia, an Ole Miss alumnus. ‘‘They’ve all been ordered an end to 16 years of race-based en- nese American community who were forced state-supported and will continue to be.’’ rollment in San Francisco public schools, ap- into internment camps during World War II. David Sansing, a retired Ole Miss histo- proving a settlement of a lawsuit by Chinese- And she will think about Minoru Yasui, a rian, said, ‘‘the likelihood of this happening Americans who were denied admission to the lawyer from Hood River who dared in 1942 to is nil, zero.’’ city’s preferred campuses. test federal curfew laws placed on Japanese ‘‘This plan would open up an entirely new Despite protests by blacks and Hispanics, Americans by walking the streets of Port- controversy that would rage for years. I’m U.S. District Judge William Orrick said ra- land after dark. just astounded by it,’’ said Sansing. cial admissions violate Chinese Americans’ Nagae, who helped him fight his arrest all Luvene said Ole Miss’ nearness to Mis- constitutional rights to equal treatment in the way to the U.S. Supreme court, remem- sissippi State in Starksville ‘‘puts two of our choosing their schools. He approved the set- bers him as one of Oregon’s heroes. three comprehensive institutions in a sparse- tlement on Tuesday. ‘‘The thing that always struck me about ly populated part of the state, causing un- The suit was filed in 1994 on behalf of one Yasui was that he was an ordinary person necessary duplication.’’ student who was denied admission to a mag- who did extraordinary things,’’ she said. Luvene also has proposed that historically net high school despite a high score on its Gary, an impassioned community activist black Jackson State be given a law school, entrance exam—higher than some non-Chi- who has fought discrimination for decades, pharmacy school and an air traffic control nese students who were admitted—and by recalls the day in the ’40s when she and her program. two who were turned away from neighbor- future husband, Fred, went to a popular hood elementary schools. Portland restaurant. At first, no one would NEW JERSEY CONCEDES RACIAL PROFILING The settlement repeals a limit of 45 per- wait on them, she said. When a waitress fi- EXISTS cent of any racial or ethnic group at a single nally did, the couple ordered steak, the most school and 40 percent at desirable ‘‘magnet’’ expensive item on the menu. (By Thomas Martello) schools. Those limits were part of a 1983 con- But when the food came, the steak was TRENTON, N.J. (AP).—Complaints that sent decree, approved by Orrick, that settled buried under so much salt and pepper that it state troopers target blacks and Hispanics a discrimination lawsuit filed in 1978 by the was inedible. Before walking out, she scolded along the heavily traveled New Jersey Turn- National Association for the Advancement of the waitress over the restaurant’s obvious pike are ‘‘real, not imagined,’’ according to a Colored People. attempt to discourage them from returning. report issued by the state’s attorney general. The district has until October to prepare a Now a great-grandmother of two, Gary The report, released Tuesday, concludes new enrollment plan for the fall of 2000 to continues to fight battles on behalf of Afri- that even though the state police have no maintain diversity in schools without as- can Americans, children and the elderly. A policy condoning the practice known as ra- signing any student primarily because of saying that hangs on her dining room wall cial profiling, it does exist—and was fostered race. captures her resilience: ‘‘Good things come in part by ambiguous rules. ‘‘Resegregation is inevitable,’’ declared to those who wait. But they come a lot soon- ‘‘There is no question racial profiling ex- Robert Franklin, who said he lives in San er to those who act.’’ ists at some level,’’ Gov. Christie Whitman Francisco so that his two children—a 7-year- It is that spirit that will propel her to said. ‘‘These findings are distressing and dis- old black girl and a 2-year-old white boy— Salem on Thursday. ‘‘This is not exactly a turbing. Minorities deserve the assurance can attend its schools. ‘‘I want to keep them joyous occasion,’’ she said. ‘‘It is something they will be treated no differently than any in an integrated, racially diverse public I feel is late in coming. But I’m glad to see other motorist.’’ school.’’ it.’’ E1060 CONGRESSIONAL RECORD — Extensions of Remarks May 20, 1999 STATEMENT OF FINANCIAL a matter of public record. I have filed similar Condominum at N76 W14726 North Point DISCLOSURE statements for each of the nineteen preceding Drive, Village of Menomonee Falls, years I have served in the Congress. Waukesha County, Wisconsin, at assessor’s estimated market value. (Unencumbered): HON. F. JAMES SENSENBRENNER, JR. ASSETS 90,600.00. OF WISCONSIN IN THE HOUSE OF REPRESENTATIVES REAL PROPERTY Undivided 25/44ths interest in single family residence at N52 W32654 Maple Lane, Village Thursday, May 20, 1999 Single family residence at 609 Ft. Williams Parkway, City of Alexandria, Virginia, at as- of Chenequa, Waukesha County, Wisconsin, Mr. SENSENBRENNER. Mr. Speaker, sessed valuation. (Assessed at 600,000). Ratio at 25/44ths of assessor’s estimated market through the following statement, I am making of assessed to market value: 100% (Encum- value of $675,200: 383,636.36. my financial net worth as of March 31, 1999, bered): $601,300.00. Total real property: $1,075,536.36. COMMON AND PREFERRED STOCK

Dollar No. of value per Value shares share

Abbott Laboratories, Inc...... 12200 $46.81 $571,112.50 Airtouch Communications ...... 148 96.63 14,300.50 Allstate Corporation ...... 370 37.06 13,713.13 American Telephone & Telegraph ...... 572.722 79.81 45,710.37 Ameritech ...... 817.75 57.63 47,122.84 Bank One Corp...... 3439 55.06 189,359.94 Bell Atlantic Corp...... 1017.129 51.69 52,572.86 Bell South Corp...... 1214.1252 40.06 48,640.89 Benton County Mining Company ...... 333 0.00 0.00 BP Amoco ...... 1802 101.00 182,002.00 Chenequa Country Club Realty Co ...... 1 0.00 0.00 Cognizant Corp...... 2500 57.38 143,437.50 Darden Restaurants, Inc ...... 1440 20.63 29,700.00 Dunn & Bradstreet, Inc ...... 2500 35.63 89,062.50 E.I. DuPont de Nemours Corp ...... 1200 58.06 69,675.00 Eastman Chemical Co ...... 270 42.06 11,356.88 Eastman Kodak ...... 1080 63.88 68,985.00 El Paso Energy ...... 150 32.69 4,903.13 Exxon Corp ...... 4864 70.56 343,216.00 Firstar Corp ...... 1030 89.50 92,185.00 General Electric Co ...... 5200 110.63 575,250.00 General Mills, Inc ...... 1440 75.56 108,810.00 General Motors Corp ...... 304 87.00 26,448.00 Halliburton Company ...... 2000 38.50 77,000.00 Highlands Insurance Group, Inc ...... 100 10.56 1,056.25 Imation Corp ...... 99 16.50 1,633.50 IMS Health ...... 5000 33.13 165,650.00 Kellogg Corp ...... 3200 33.81 108,200.00 Kimberly-Clark Corp ...... 31418 47.94 1,506,100.38 Lucent Technologies ...... 348 108.00 37,584.00 Media One ...... 255 63.81 16,272.19 Merck & Co., Inc ...... 34078 80.13 2,730,499.75 Minnesota Mining & Manufacturing ...... 1000 70.75 70,750.00 Monsanto Corporation ...... 8360 45.94 384,037.50 Morgan Stanley/Dean Whitter ...... 156 99.94 14,590.25 NCR Corp ...... 68 50.00 3,400.00 Newell Corp ...... 1676 47.50 79,610.00 Newport News Shipbuilding ...... 164.261 31.69 5,205.02 Nielsen Media ...... 833 24.69 20,564.69 Ogden Corp ...... 910 24.06 21,896.88 PG&E Corp ...... 175 31.06 5,435.94 Raytheon Co ...... 19 57.75 1,097.25 Reliant Energy ...... 300 26.06 7,818.75 RR Donnelly Corp ...... 500 32.19 16,093.75 Sandusky Voting Trust ...... 26 87.00 2,262.00 SBC Communications ...... 1028.98 47.19 48,554.99 Sears Roebuck & Co ...... 200 45.19 9,037.50 Solutia ...... 1672 17.38 29,051.00 Tenneco Corp ...... 864.978 27.94 24,165.32 U.S. West, Inc ...... 315.623 55.06 17,378.99 Unisys, Inc. Preferred ...... 100 51.88 5,187.50 Warner Lambert Co ...... 6804 66.25 450,765.00 Wisconsin Energy Corp ...... 1022 26.06 26,635.88 Total common and preferred stocks and bonds ...... 8,030,685.29

LIFE INSURANCE POLICIES MISCELLANEOUS—Continued Wisconsin income tax, $24,027.00. Menomonee Falls, WI property tax Surrender Value Face value value $2,140.00. 1991 Buick Century automobile—blue book retail value .... 4,750.00 Northwestern Mutual #4378000 ...... $12,000.00 $40,531.58 Office furniture & equipment (estimated) ...... 1,000.00 Chenequa, WI property tax, $15,036.00. # Northwestern Mutual 4574061 ...... 30,000.00 97,104.33 Furniture, clothing & personal property (estimated) ...... 150,000.00 Alexandria, VA property tax, $6,820.00. Massachusetts Mutual #4116575 ...... 10,000.00 7,476.95 Stamp collection (estimated) ...... 52,000.00 # Massachusetts Mutual 4228344 ...... 100,000.00 168,011.88 Interest in Wisconsin retirement fund ...... 212,054.00 I further declare that I am trustee of a Deposits in Congressional Retirement Fund ...... 117,730.26 Old Line Life Ins. #5–1607059L ...... 175,000.00 32,226.01 Deposits in Federal Thrift Savings Plan ...... 109,326.92 trust established under the will of my late Total life insurance policies ...... 345,305.75 Traveller’s checks ...... 7,418.96 father, Frank James Sensenbrenner, Sr., for 20 ft. Manitou pontoon boat & 35 hp Force outboard motor (estimated) ...... 45,000.00 the benefit of my sister, Margaret A. Sensen- BANK & SAVINGS AND LOAN ACCOUNTS brenner, and of my two sons, F. James Sen- 17 ft. Boston Whaler boaat & 70 hp Johnson outboard senbrenner III, and Robert Alan Sensen- Balance motor (estimated) ...... 7,000.00 brenner. I am further the direct beneficiary Bank One, Milwaukee, N.A. checking account ...... $10,432.36 Total Miscellaneous: ...... 721,055.00 of two trusts, but have no control over the Bank One, Milwaukee, N.A. preferred savings ...... 23,054.13 Total assets: ...... 10,280,094.06 Bank One, Milwaukee, N.A. regular savings ...... 807.40 assets of either trust. My wife, Cheryl War- M&I Lake Country Bank, Hartland, WI, checking account ...... 3,192.18 LIABILITIES ren Sensenbrenner, and I are trustees of sep- M&I Lake Country Bank, Hartland, WI, savings ...... 342.93 Burke & Herbert Bank, Alexandria, VA, checking account ...... 1,749,37 Nations Bank Mortgage Company, Louis- arate trusts established for the benefit of ville, KY on Alexandria, VA residence Loan each son under the Uniform Gift to Minors Firstar, FSB, Butler, WI, IRA accounts ...... 68,699.09 Total bank and savings and loan accounts ...... $108,277.46 #39758–77: $86,936.33. Act. Also, I am neither an officer nor a direc- Miscellaneous charge accounts (esti- tor of any corporation organized under the mated): $0.00. MISCELLANEOUS laws of the State of Wisconsin or of any Total liabilities: $86,936.33. other state or foreign country. Net worth: $10,193,968.06. Value F. JAMES SENSENBRENNER, JR., STATEMENT OF 1998 TAXES PAID Member of Congress. 1994 Cadillac Deville ...... $14,775.00 Federal income tax $108,494.00. CONGRESSIONAL RECORD — Extensions of Remarks E1061 BRACKET CREEP OVERBURDENS fecting interstate commerce, and also re- constitutionally permissible under the com- NATIONAL LABOR RELATIONS moves the problems very small business have merce clause.’’ 3 BOARD with NLRB oversight (See Example on the Traditionally, however, the Board has Reverse). If you have any questions, please never exercised its full authority. Since its call Mr. Istook‘s office and speak with Dr. establishment, the Board has considered HON. ERNEST J. ISTOOK, JR. Bill Duncan at (202) 225–2182. only cases that, in its opinion, ‘‘substan- OF OKLAHOMA Tom DeLay, House Majority Whip; Bill tially affect’’ interstate commerce. In 1959, IN THE HOUSE OF REPRESENTATIVES Young, Chairman, Appropriations Com- Congress endorsed this practice in the Labor- mittee; John Boehner, Chairman, Em- Management Reporting and Disclosure Act. Thursday, May 20, 1999 ployer/Employee Relations Sub- The act specifically allowed the Board to Mr. ISTOOK. Mr. Speaker, I rise today to committee; John Porter, Chairman, ‘‘decline to assert jurisdiction over any labor urge my colleagues to cosponsor H.R. 1620, Labor, HHS, Education Subcommittee; dispute . . . where . . . the effect of such Jim Talent, Chairman, Small Business labor dispute on commerce is not suffi- a bill to free the National Labor Relations Committee; Henry Bonilla, Member, ciently substantial to warrant the exercise Board from being overburdened because Appropriations Committee; Ernest of its jurisdiction.’’ 4 Congress did not leave bracket creep that has forced them to accept Istook, Member, Appropriations Com- the Board total discretion, however. It in- cases from very small employers in this na- mittee; Dan Miller, Member, Appro- structed that the Board ‘‘shall not decline to tion. Here is a copy of my ``Dear Colleague'' priations Committee; Jay Dickey, assert jurisdiction over any labor dispute and a report from the Labor Policy Association Member, Appropriations Committee; over which it would assert jurisdiction under that outlines the problem and why it is impor- Roger Wicker, Member, Appropriations the standards prevailing upon August 1, 5 tant to small businesses in America to correct Committee; Anne Northup, Member, 1959.’’ Appropriations Committee; Randy Thus, although Congress recognized that this problem. ‘‘Duke’’ Cunningham, Member, Appro- the Board needed to exercise discretion in in- U.S. CONGRESS, priations Committee; John Hostettler; terpreting the term ‘‘affecting commerce,’’ Washington, DC. Chris Cannon. it clearly did not want the Board to establish FREE THE NATIONAL LABOR RELATIONS BOARD lower thesholds than were already in place. (NLRB): HELP REDUCE UNNECESSARY BURDEN EXAMPLES OF SMALL BUSINESS NLRB CASES In 1959, however, the Board’s prevailing jursidictional thresholds were based on raw ON SMALL BUSINESS Larry Burns, of Houston, Texas, (8 employ- dollar amounts. The difficulty with this ju- DEAR COLLEAGUE: This Congress, Mr. ees), had 2 charges filed against his business risdictional approach is that it fails to take Istook is introducing legislation to help the by the NLRB. One was thrown out, the other inflation into account. NLRB manage their huge caseload. Each settled for $160 (1 days pay). Larry Burns The problem with not adjusting jurisdic- year the NLRB requests additional funding spent $11,000 in attorneys fees and wasted tional thresholds is clearly illustrated in the to help them administer and manage their time fighting the NLRB when these problems following example. In 1959, the Board exer- caseload. This legislative reform simply could have been solved cheaper and easier in cised jurisdiction over non-retail businesses makes adjustments for inflation in the finan- state courts. Also, Mr. Burns, under state that sold or purchased goods in interstate cial jurisdictional thresholds of the NLRB, law, could have recovered 1⁄2 of his attorney’s commerce totaling $50,000 or more annually. most of which were set in 1959. The NLRB fees under loser pays (which helps eliminate In other words, in 1959, $50,000 of interstate can still adjudicate special cases below these frivolous charges). thresholds, just as they can do today. It is Randall Borman, of Evansville, Indiana (4 business ‘‘substantially affected commerce.’’ crucial that we provide the NLRB with this employees). Three charges were filed with Today, the Board continues to exercise juris- freedom. We urge you to cosponsor this bill. the NLRB. All were dismissed. He could have diction using the $50,000 threshold, but the Two former NLRB Chairs support this recovered all of his legal fees under Indiana effect on commerce of $50,000 today is not change. state law. Instead he lost $7,500 in attorney’s nearly what it was in 1959. The value of The National Labor Relations Board fees and lost revenue and had to lay off $50,000 today is equivalent to $9,065 in 1959. (NLRB) is the government agency designed workers to cover this expense. Thus, just as $9,065 did not warrant the to settle labor disputes between unions and Board’s jurisdiction in 1959, $50,000 should EXAMPLES OF DELAYS IN PROCESSING NLRB not warrant the Board’s jurisdiction today. management. In 1959, Congress passed a law CASES to give NLRB jurisdiction over businesses Since 1959, the Board has established sepa- Julian Burns, of Charlotte, North Carolina, based on gross receipts. Once a business rate thresholds for particular types of busi- (23 employees). His case should be heard by passes that threshold of gross receipts, it is nesses that did not fall into the 1959 cat- the NLRB. However, the NLRB‘s workload is subject to intervention by the NLRB. Busi- egories. Although these thresholds are more so overloaded with cases from very small nesses below the threshold are subject to ac- recent, they nonetheless suffer from the businesses that is took 21⁄2 years to hear his tions brought in state courts, instead of the same major flaw—they fail to consider infla- case. Rather than getting his day in court, NLRB. tion. he settled for $10,000 after paying $35,000 in Without an adjustment for inflation, busi- Figure 1, below, list the Board’s current ju- attorney’s fees, and $250,000 for losses in nesses and the NLRB have been caught in risdictional thresholds for various business manpower and reduced workforce, for a total ‘‘bracket creep.’’ as inflation has increased sectors along with the year in which those cost of $295,000. since 1959, the NLRB has acquired jurisdic- thresholds were established. These sums are tion over much smaller businesses than was then converted into their present value— ever intended, escalating the expense and ACHIEVING NLRB BUDGET SAVINGS BY making it clear that the Board’s present pro- workload for the NLRB as well as for busi- UPDATING SMALL BUSINESS THRESHOLDS 1 cedure for asserting jurisdiction is both un- ness. These now include very small busi- The National Labor Relations Board realistic and outdated. Consequently, 29 nesses, for whom the cost of such interven- (NLRB or Board) exercises exclusive jurisdic- U.S.C. § 164(c)(1) should be amended to reflect tion is unbearable. Up to 20% of the NLRB’s tion over all labor disputes that are consid- the present value of these jurisdictional workload now is these very small businesses. ered to be of significant national interest. thresholds. For example, NLRB has jurisdiction over The Board, itself, has set the standards for A second flaw in basing jurisdiction solely non-retail businesses with gross receipts determining which labor disputes reach this on the volume of the employer’s business is over $50,000, an inflation adjustment would threshold. Unfortunately, most of these that such a method fails to consider the size raise that threshold to $275,773. NLRB has ju- standards are based on 1959 dollar figures of the bargaining units involved. As a result, risdiction over retail business and res- that have not been adjusted for inflation the Board spends scarce federal resources taurants doing more than $500,000 worth of over time. The result is that the Board’s pursuing relatively small benefits. Figure 2 business, but adjusting for inflation since method for asserting jurisdiction has become clearly illustrates this position. In 1994, the 1959 would raise this to $2.7 million. Congress outdated and should be changed to reflect Board expended nearly 20% of its representa- never intended to subject small businesses to present economic realities. Such a change tion effort on bargaining units of 9 persons such a have regulatory hammer. could result in substantial savings to the or less. Yet, this 20% effort reached less than The NLRB is powerless to change its juris- U.S. Government. 2% of the total number of employees in- diction without an act of Congress. So this The NLRB’s jurisdiction, in both represen- volved in representation elections that year legislation will do exactly that. By indexing tation and unfair labor practice cases, ex- (3,393 out of a total of 188,899). In other the jurisdiction to the rate of inflation, the tends to all enterprises that ‘‘affect’’ inter- NLRB could again focus upon the larger state commerce. 2 This expansive statutory 3 NLRB v. Reliance Fuel Oil Corp., 371 U.S. 224 (1963). businesses for whom the law was originally grant of authority has been held by the Su- 4 29 U.S.C. § 164(c)(1). Parties involved in labor dis- written. Small businesses have been severely preme Court to mean that the Board’s juris- putes that did not meet the Board’s jurisdictional burdened by dealing with the far-off NLRB diction extends to ‘‘the fullest . . . breadth requirements were not left without recourse by Con- gress. The act specifically provided that agencies or instead of their local state courts (Examples state courts jurisdiction over these claims. 29 U.S.C. on Reverse). 1 This analysis was prepared by the staff of the § 164(c)(2). Of course, state courts would have to be This bill’s simple adjustment both frees Labor Policy Association. empowered by state law to do so. NLRB deal with significant cases truly af- 2 29 U.S.C. § 160. 5 29 U.S.C. § 164(c)(1). E1062 CONGRESSIONAL RECORD — Extensions of Remarks May 20, 1999 words, the Board could have reduced its ef- two workers. The Board refuses to release cient use of federal resources and could re- fort by 20% while maintaining 98% effective- statistics on this point to the public, but sult in significant savings to the Federal ness had it declined to assert jurisdiction such statistics would be available to the Ap- Government. over these small units. propriations Committee. What is even more surprising is that the Leaving jurisdiction over these small busi- NLRB conducts elections in units as small as ness units to the states would be most effi- FIGURE 1—PRESENT VALUE OF NLRB JURISDICTIONAL THRESHOLDS BY BUSINESS ACTIVITY

Jurisdictional Business activity threshold Present value

Non-retail enterprises; enterprises that combine retail and wholesale; and architectural firms (1959) ...... 1 $50,000 $275,773 Retail enterprises; restaurants; automobile dealers; taxicab companies; country clubs; and service establishments (1959) ...... 2 500,000 2,757,732 Instrumentalities, links, and channels of interstate commerce (1959) ...... 3 50,000 275,773 Public utilities; transit companies (1959) ...... 4250,000 1,378,870 Printing; publishing; radio; television; telephone; and telegraph companies (1959) ...... 5 200,000 1,103,093 Office buildings; shopping centers; and parking lots (1959) ...... 6 100,000 551,546 Day care centers (1976) ...... 7 250,000 705,185 Health care facilities (1975): —nursing homes ...... 100,000 298,327 —hospitals ...... 8 250,000 745,818 Hotels and motels (1971) ...... 9 500,000 1,981,481 Law firms (1977) ...... 10 250,000 662,129 1 Figure represents annual interstate sales or purchase. Siemons Mailing Serv., 122 NLRB 81 (1958); Wurster, Bernardi and Emmons, Inc., 192 NLRB 1049 (1965). 2 Figure represents annual volume of business including sales and taxes. Red and White Airway Cab Co., 123 NLRB 83 (1959); Carolina Supplies and Cement Co., 122 NLRB 723 (1958); Bickford’s, Inc., 110 NLRB 1904 (1954); Claffery Beauty Shoppes, 110 NLRB 620 (1954); Wilson Oldsmobile, 110 NLRB 534 (1954); Walnut Hills Country Club, 145 NLRB 81 (1963). 3 Figure represents annual income derived from furnishing interstate passenger or freight transportation. HPO Serv., Inc., 202 NLRB 394 (1958). 4 Figure represents total annual volume of business. Public utilities are also subject to the $50,000 non-retail threshold. Charleston Transit Co., 123 NLRB 1296 (1959); Sioux Valley Empire Elec. Ass’n, 122 NLRB 92 (1958). 5 Figure represents total annual volume of business. Belleville Employing Printers, 122 NLRB 92 (1958); Raritan Valley Broadcasting Co., 122 NLRB 90 (1958). 6 Figure represents total annual income. Mistletoe Operating Co., 122 NLRB 1534 (1958). 7 Figure represents gross annual revenues. Salt & Pepper Nursery School, 222 NLRB 1295. 8 Figure represents gross annual revenues. East Oakland Health Alliance, Inc., 218 NLRB 1270 (1975). 9 Figure represents total annual volume of business. Penn-Keystone Realty Corp., 191 NLRB 800 (1971). 10 Figure represents gross annual revenues. Foley, Hoag, & Eliot, 229 NLRB 456 (1977). Thursday, May 20, 1999 Daily Digest

HIGHLIGHTS Senate agreed to Emergency Supplemental Appropriation conference re- port. Senate passed Juvenile Justice bill. House agreed to the Senate amendment to H.R. 4, Declaration of Policy to Deploy a national Missile Defense—clearing the measure for the President. House Committee ordered reported the Legislative appropriations for Fiscal Year 2000. Senate Gun-Free Schools Act of 1994 to authorize schools Chamber Action to apply appropriate discipline measures in cases Routine Proceedings, pages S5633–S5785 where students have firearms. Pages S5684±91 Measures Introduced: Sixteen bills and one resolu- Harkin Amendment No. 368, to provide appro- tion were introduced, as follows: S. 1086–1101, and priate interventions and services to children who are S. Res. 104. Pages S5738±39 removed from school, and to clarify Federal law with Measures Reported: Reports were made as follows: respect to reporting a crime committed by a child. S. 303, to amend the Communications Act of Pages S5691±95 1934 to enhance the ability of direct broadcast sat- Hatch (for Helms) Amendment No. 369, to ellite and other multichannel video providers to amend the Gun-Free Schools Act of 1994 to require compete effectively with cable television systems, a local educational agency that receives funds under with an amendment in the nature of a substitute. (S. the Elementary and Secondary Education Act of Rept. No. 106–51) Page S5738 1965 to treat possession, on school property, of felo- Measures Passed: nious quantities of illegal drugs the same as gun possession on such property. Pages S5700±02 Juvenile Justice: By 73 yeas to 25 nays (Vote No. Hatch (for Harkin) Amendment No. 370, to 140), Senate passed S. 254, to reduce violent juvenile amend section 10102 of the Elementary and Sec- crime, promote accountability by rehabilitation of ondary Education Act of 1965 to enable local edu- juvenile criminals, and punish and deter violent cational agencies to establish or expand school coun- gang crime, after taking action on the following seling programs. Pages S5700±02 amendments proposed thereto: Rejected: Pages S5633±42, S5683±S5732 Adopted: By 41 yeas to 56 nays (Vote No. 138), Bond Modified Amendment No. 345, to establish a com- By 79 yeas to 21 nays (Vote No. 133), Lott (for Smith (of Oregon)/Jeffords) Modified Amendment mission to study the motion picture industry and No. 366, to clarify provisions relating to pawn shops make recommendations to Congress and the Presi- dent to promote accountability in the motion picture and special licensees. Pages S5633±42 By 51 yeas to 50 nays (Vote No. 134), Lauten- industry in order to reduce juvenile access to violent, berg/Kerrey Amendment No. 362, to regulate the pornographic, or other harmful material in motion Pages S5695±S5700, S5709 sale of firearms at gun shows. Page S5642 pictures. By 75 yeas to 24 nays (Vote No. 137), Frist/ By 48 yeas to 50 nays (Vote No. 139), Biden Ashcroft Amendment No. 355, to amend the Indi- Amendment No. 371, to establish a 21st century viduals with Disabilities Education Act and the community policing initiative. Pages S5702±09 D561 D562 CONGRESSIONAL RECORD — DAILY DIGEST May 20, 1999 Note: The following amendment was incorporated to and including the presentation of the resolution into the Hatch/Leahy Amendment No. 363 (Man- of ratification, upon division, two-thirds of the Sen- agers’ Package), which was adopted on Wednesday, ators present and having voted in the affirmative, the May 19, 1999: resolution of ratification was agreed to: Wellstone Amendment No. 356, to improve the Amended Mines Protocol, with one reservation, juvenile delinquency prevention challenge grant nine understandings, and thirteen conditions. (Treaty program. Doc. 105–1A); Pages S5780±85 Satellite Home Viewers Improvement Act: Senate Department of Defense Authorization—Agree- passed H.R. 1554, to amend the provisions of title ment: A unanimous-consent agreement was reached 17, United States Code, and the Communications providing for the consideration of S. 1059, to au- Act of 1934, relating to copyright licensing and car- thorize appropriations for fiscal year 2000 for mili- riage of broadcast signals by satellite, after striking tary activities of the Department of Defense, for all after the enacting clause and inserting in lieu military construction, and for defense activities of thereof, the text of S. 247, Senate companion meas- the Department of Energy, to prescribe personnel ure, and after agreeing to the following amendments strengths for such fiscal year for the Armed Forces, proposed thereto: Pages S5775±80 on Monday, May 24, 1999. Page S5785 Hatch (for McCain) Amendment No. 372, to en- hance the ability of direct broadcast satellite and Nominations Confirmed: Senate confirmed the fol- other multichannel video providers to compete effec- lowing nomination: tively with cable television systems. Page S5778 Gary L. Visscher, of Maryland, to be a Member of Hatch/Leahy Amendment No. 373 (to Amend- the Occupational Safety and Health Review Com- ment No. 372), to strike certain provisions amend- mission. Pages S5774±75, S5785 ing title 17, United States Code. Page S5778 Nominations Received: Senate received the fol- Hatch/Leahy Amendment No. 374, to make cer- lowing nominations: tain technical and conforming amendments. Robert Clarke Brown, of Ohio, to be a Member Page S5778 of the Board of Directors of the Metropolitan Wash- Hatch/Leahy Amendment No. 375, to modify the definition of unserved household, provide for a mora- ington Airports Authority for a term expiring No- vember 22, 2005. (Reappointment) torium on copyright liability. Page S5778 Subsequently, S. 247 was placed back on the Sen- James B. Lewis, of New Mexico, to be Director of ate calendar. Page S5780 the Office of Minority Economic Impact, Depart- ment of Energy. Legal Representation Authorization: Senate Lewis Andrew Sachs, of Connecticut, to be an As- agreed to S. Res. 104, to authorize testimony, pro- sistant Secretary of the Treasury. duction of documents, and legal representation in 1 Department of Defense nomination in the rank United States v. Nippon Miniature Bearing, Inc., et of general and Chairman of the Joint Chiefs of Staff. al. Page S5780 Page S5785 Emergency Supplemental Appropriations—Con- ference Report: By 64 yeas to 36 nays (Vote No. Messages From the House: Page S5736 136), Senate agreed to the conference report on H.R. Measures Referred: Page S5736 1141, making emergency supplemental appropria- Communications: Pages S5736±37 tions for the fiscal year ending September 30, 1999. Petitions: Pages S5737±38 Pages S5643±82 During consideration of this measure today, Senate Executive Reports of Committees: Page S5738 also took the following action: Statements on Introduced Bills: Pages S5739±64 A point of order was made that certain provisions of the conference report were in violation of Section Additional Cosponsors: Pages S5764±65 206 of H. Con. Res. 68, Congressional Budget Reso- Amendments Submitted: Pages S5765±71 lution and, by 70 yeas to 30 nays (Vote No. 135), Authority for Committees: Page S5771 three fifths of those Senators duly chosen and sworn having voted in the affirmative, Senate agreed to a Additional Statements: Pages S5771±74 motion to waive the aforementioned section with re- Record Votes: Eight record votes were taken today. spect to the consideration of the conference report. (Total—140) Pages S5655±59 Pages S5642, S5659, S5682, S5691, S5709, S5725 Treaty Approved: The following treaty having Adjournment: Senate convened at 9:30 a.m., and passed through its various parliamentary stages, up adjourned at 8:39 p.m., until 11 a.m., on Monday, May 20, 1999 CONGRESSIONAL RECORD — DAILY DIGEST D563 May 24, 1999. (For Senate’s program, see the re- ALLEGED CHINESE ESPIONAGE marks of the Acting Majority Leader in today’s Committee on Energy and Natural Resources: Committee Record on page S5785.) held open and closed hearings to examine damage to the national security from alleged Chinese espionage Committee Meetings at the Department of Energy nuclear weapons lab- oratories, receiving testimony from Notra Trulock, (Committees not listed did not meet) III, Acting Deputy Director, Office of Intelligence, and Edward Curran, Director, Office of Counterintel- APPROPRIATIONS—FOREIGN ASSISTANCE ligence, both of the Department of Energy; Neil PROGRAMS Gallagher, Assistant Director, National Security Di- Committee on Appropriations: Subcommittee on Foreign vision, Federal Bureau of Investigation, and James Operations concluded hearings on proposed budget Baker, Deputy Counsel for Intelligence Operations, estimates for fiscal year 2000 for foreign assistance Office of Intelligence Policy and Review, both of the programs, after receiving testimony from Madeleine Department of Justice. K. Albright, Secretary of State. Hearings recessed subject to call. NATIONAL OILHEAT RESEARCH ALLIANCE CHILDREN’S INTERNET PROTECTION ACT ACT Committee on Commerce, Science, and Transportation: Committee on Energy and Natural Resources: Sub- Committee concluded hearings on S. 97, to require committee on Energy Research, Development, Pro- the installation and use by schools and libraries of duction and Regulation concluded hearings on S. a technology for filtering or blocking material on the 348, to authorize and facilitate a program to enhance Internet on computers with Internet access to be eli- training, research and development, energy conserva- gible to receive or retain universal service assistance, tion and efficiency, and consumer education in the after receiving testimony from Mark James, Deputy oilheat industry for the benefit of oilheat consumers Director, Intelligence Division, Bureau of Alcohol, and the public, after receiving testimony from Don- Tobacco, and Firearms, Department of the Treasury; ald Allen, E.T. Lawson, Hampton, Virginia, on be- Howard P. Berkowitz, Anti-Defamation League, half of the National Oilheat Research Alliance; and Washington, D.C.; Peter H. Nickerson, N2H2, Se- John Huber, Petroleum Marketers Association of attle, Washington; and Mark Potok, Southern Pov- America, Arlington, Virginia. erty Law Center, Montgomery, Alabama. GASOLINE SULFUR STANDARDS COMMERCIAL SPACE LAUNCH INDUSTRY Committee on Environment and Public Works: Sub- Committee on Commerce, Science and Transportation: Sub- committee on Clean Air, Wetlands, Private Prop- committee on Science, Technology, and Space con- erty, and Nuclear Safety concluded hearings on the cluded hearings on issues relating to the commercial Environmental Protection Agency’s proposed sulfur space launch industry, after receiving testimony from standard for gasoline as contained in the proposed Maj. Gen. Robert C. Hinson, Commander, 14th Air Tier Two standards for automobiles, after receiving Force/Component Commander, United States Air testimony from Carol M. Browner, Administrator, Force Space Command; Keith Calhoun-Senghor, Di- and Robert Perciasepe, Assistant Administrator for rector, Office of Space Commercialization, Tech- Air and Radiation, both of the Environmental Pro- nology Administration, Department of Commerce; tection Agency. Lori Garver, Associate Administrator for Policy and Plans, National Aeronautics and Space Administra- BUSINESS MEETING tion; Patricia Grace Smith, Associate Administrator Committee on Governmental Affairs: Committee ordered for Commercial Space Transportation, Federal Avia- favorably reported the following business items: tion Administration, Department of Transportation; S. 746, to provide for analysis of major rules, to D. Andrew Beal, Beal Aerospace Technologies, Inc., promote the public’s right to know the costs and Frisco, Texas; Hoyt Davidson, Donaldson, Lufkin, benefits of major rules, and to increase the account- and Jenrette Securities Corporation, New York, New ability of quality of Government, with an amend- York; John W. Douglass, Aerospace Industries Asso- ment; ciation of America, Inc, Washington, D.C.; Gale S. 468, to improve the effectiveness and perform- Schluter, Boeing Company, Arlington, Virginia; ance of Federal financial assistance programs, sim- Peter B. Teets, Lockheed Martin Corporation, Be- plify Federal financial assistance application and re- thesda, Maryland; and Stephen G. Wurst, Space Ac- porting requirements, and improve the delivery of cess, Palmdale, California. services to the public, with amendments; D564 CONGRESSIONAL RECORD — DAILY DIGEST May 20, 1999 S. 712, to amend title 39, United States Code, to ston High School, Wakefield, Rhode Island; Arthur allow postal patrons to contribute to funding for White, Stamford, Connecticut, and Nedra Whitted, highway-rail grade crossing safety through the vol- Chicago, Illinois, both on behalf of Reading Is Fun- untary purchase of certain specially issued United damental, Inc.; Diane Berreth, Association for Super- States postage stamps; vision and Curriculum Development, Alexandria, H.R. 858, to amend title 11, District of Colum- Virginia; Phyllis Schlafly, Eagle Forum, St. Louis, bia Code, to extend coverage under the whistle- Missouri; and Paul Folkemer, Channel One Net- blower protection provisions of the District of Co- work, New York, New York. lumbia Comprehensive Merit Personnel Act of 1978 to personnel of the courts of the District of Colum- VETERANS PROGRAMS bia, with an amendment; Committee on Veterans’ Affairs: Committee concluded S. 1072, to make certain technical and other cor- hearings on S. 555, to amend title 38, United States rections relating to the Centennial of Flight Com- Code, to authorize the Secretary of Veterans Affairs memoration Act (36 U.S.C. 143 note; 112 Stat. to continue payment of monthly educational assist- 3486 et seq.); ance benefits to veterans enrolled at educational in- S. 335, to amend chapter 30 of title 39, United stitutions during periods between terms if the inter- States Code, to provide for the nonmailability of cer- val between such periods does not exceed eight tain deceptive matter relating to games of chance, weeks, S. 695, to direct the Secretary of Veterans Af- administrative procedures, orders, and civil penalties fairs to establish a national cemetery for veterans in relating to such matter, with an amendment in the the Atlanta, Georgia, metropolitan area, S. 940, to nature of a substitute; and provide a temporary authority for the use of vol- The nominations of Stephen H. Glickman and untary separation incentives by the Department of Eric T. Washington, each to be an Associate Judge Veterans Affairs to reduce employment levels, re- of the District of Columbia Court of Appeals, Hiram structure staff, and S. 1076, to amend title 38, E. Puig Lugo, to be an Associate Judge of the Supe- United States Code, to provide a cost-of-living ad- rior Court of the District of Columbia, and John T. justment in rates of compensation paid to veterans Spotila, of New Jersey, to be Administrator of the with service-connected disabilities, to enhance pro- Office of Information and Regulatory Affairs, Office grams providing health care, education, and other of Management and Budget. benefits for veterans, to authorize major medical fa- ESPIONAGE INVESTIGATION cility projects, to reform eligibility for burial in Ar- Committee on Governmental Affairs: Committee con- lington National Cemetery, after receiving testimony cluded closed oversight hearings on the national se- from Senator Conrad; Togo D. West, Jr., Secretary, curity methods and processes relating to the Wen- Kenneth W. Kizer, Under Secretary of Health, Vet- Ho Lee espionage investigation, after receiving testi- erans Health Administration, Nora Egan, Deputy mony from certain protected witnesses. Under Secretary for Management, Veterans Benefits Administration, and Roger R. Rapp, Acting Under AUTHORIZATION—ELEMENTARY AND Secretary for Memorial Affairs, National Cemetery SECONDARY EDUCATION Administration, all of the Department of Veterans Committee on Health, Education, Labor, and Pensions: Affairs; Patrick T. Henry, Assistant Secretary for Committee resumed hearings on proposed legislation Manpower and Reserve Affairs, and John C. Metzler, authorizing funds for programs of the Elementary Superintendent, Arlington National Cemetery, both and Secondary Education Act, receiving testimony of the Department of the Army; Jacqueline Garrick, from Senators Cochran and Shelby; Cassandra D. American Legion, Dennis M. Cullinan, Veterans of Washington, Mississippi Educational Network, Jack- Foreign Wars, Joseph A. Violante, Disabled Amer- son; Robert T. Coonrod, Corporation for Public ican Veterans, Harley Thomas, Paralyzed Veterans of Broadcasting, Ralph Nadar, Commercial Alert, and America, and Rick Weidman, Vietnam Veterans of Father Peter Weigand, St. Anselm’s Abbey School, America, all of Washington, D.C.; and Peter S. all of Washington, D.C.; Linda Wood, South King- Gaytan, AMVETS, Lanham, Maryland. May 20, 1999 CONGRESSIONAL RECORD — DAILY DIGEST D565 House of Representatives The Sweeney amendment, as amended, that re- Chamber Action quires the management plan to ensure that the des- Bills Introduced: 24 public bills, H.R. 1880–1903; ignation of a Biosphere Reserve shall not adversely 1 private bill, H.R. 1904; and 3 resolutions, H.J. affect State or local government revenue, including Res. 55, H. Con. Res. 110, and H. Res. 184, were revenue for public education programs (agreed to by introduced. Pages H3459±60, H3462 a recorded vote of 407 ayes to 15 noes, Roll No. Reports Filed: Reports were filed today as follows: 143). Pages H3419±20, H3424±25 H.R. 905, to provide funding for the National Rejected the Udall amendment that sought to ex- Center for Missing and Exploited Children and to empt Biosphere Reserves in Colorado from the provi- reauthorize the Runaway and Homeless Youth Act sions of the bill (rejected vote of 191 ayes to 231 (H. Rept. 106–152); noes, Roll No. 142). Pages H3417±19, H3424 H.R. 1378, to authorize appropriations for car- H. Res. 180, the rule providing for consideration rying out pipeline safety activities under chapter 601 of the bill was agreed to by a yea and nay vote of of title 49, United States Code, amended (H. Rept. 240 ayes to 178 nays, Roll No. 140. 106–153, Pt. 1); Pages H3398±H3401 H.R. 17, to amend the Agricultural Trade Act of Earlier, agreed to the Hastings of Washington 1978 to require the President to report to Congress amendment to the rule that strikes ‘‘833’’ on page on any selective embargo on agricultural commod- 2 and inserts ‘‘883’’ in lieu thereof. Page H3399 ities, to provide a termination date for the embargo, National Missile Defense Deployment: By a yea to provide greater assurances for contract sanctity, and nay vote of 345 yeas to 71 nays, Roll No. 144, and for other purposes (H. Rept. 105–154, Pt. 1); the House agreed to the Senate amendment to H.R. and 4, to declare it to be the policy of the United States H.R. 45 to amend the Nuclear Waste Policy Act to deploy a national missile defense—clearing the of 1982, amended (H. Rept. 106–155, Pt. 1). measures for the President. Pages H3430±37 Page H3459 H. Res. 179, the rule which provided for the mo- Speaker Pro Tempore: Read a letter from the tion to concur in the Senate amendment to the bill Speaker wherein he designated Representative Quinn was agreed to earlier by voice vote. Pages H3426±30 to act as Speaker pro tempore for today. Page H3395 Late Reports: Committee on Appropriations re- Guest Chaplain: The prayer was offered by the ceived permission to have until midnight on May 21 guest Chaplain, Rev. Father James Nock of Hartford, to file two privileged reports on bills making appro- Connecticut. Page H3395 priations for (1) Agriculture, Rural Development, FDA, and related Agencies and (2) Legislative American Land Sovereignty Protection Act: The Branch for the fiscal year ending September 30, House passed H.R. 883, to preserve the sovereignty 2000. Pages H3437±38 of the United States over public lands and acquired lands owned by the United States, and to preserve Legislative Program: The Majority Leader an- State sovereignty and private property rights in non- nounced the Legislative Program for the week of Federal lands surrounding those public lands and ac- May 24. Page H3438 quired lands. Pages H3402±25 Meeting Hour—Monday, May 24: Agreed that Agreed to: when the House adjourns today, it adjourns to meet The Young of Alaska amendment that extends the at 12:30 p.m. on Monday, May 24 for morning-hour deadline for Congress to authorize Biosphere Re- debates. Page H3438 serves to 2003; Page H3416 Calendar Wednesday: Agreed to dispense with the The Vento amendment that prohibits Federal offi- Calendar Wednesday business of Wednesday, May cials from entering into any international agreement 26. Page H3438 concerning the disposal, management, and use of any U.S. lands unless authorized by law (agreed to by a Quorum Calls—Votes: Two yea and nay votes and recorded vote of 262 ayes to 158 noes, Roll No. three recorded votes developed during the pro- 141); Pages H3416±17, H3423±24 ceedings of the House today and appear on pages The Young of Alaska amendment, to the Sweeney H3401, H3423–24, H3424, H3424–25, and amendment, that specifies that the designation of a H3437. There were no quorum calls. Biosphere Reserve shall not adversely affect State and Adjournment: The House met at 10:00 a.m. and local revenue; and Page H3420 adjourned at 7:13 p.m. D566 CONGRESSIONAL RECORD — DAILY DIGEST May 20, 1999 Committee Meetings FCC COMMISSION REFORM Committee on Commerce: Subcommittee on Tele- COMMODITY FUTURES TRADING communications, Trade, and Consumer Protection COMMISSION REAUTHORIZATION held a hearing on Federal Communications Commis- Committee on Agriculture: Subcommittee on Risk Man- sion Reform: The States’ Perspective. Testimony was agement, Research and Specialty Crops continued heard from Irma Muse Dixon, Commissioner, Dis- hearings on Commodity Futures Trading Commis- trict 3, Public Service Commission, State of Lou- sion Reauthorization. Testimony was heard from isiana; William R. Gillis, Commissioner, Utilities public witnesses. and Transportation Commission, State of Wash- Hearings continue June 8. ington; David W. Rolka, Commissioner, Public LEGISLATIVE APPROPRIATIONS Utility Commission, State of Pennsylvania; Bob Rowe, Commissioner, Public Service Commission, Committee on Appropriations: Ordered reported the State of Montana; and a public witness. Legislative appropriations for fiscal year 2000. KEY INTERNATIONAL FINANCIAL ISSUES ACADEMIC ACHIEVEMENT Committee on Banking and Financial Services: Held a Committee on Education and the Workforce: Held a hear- hearing on key international financial issues. Testi- ing on Academic Achievement for All: Increasing mony was heard from Robert E. Rubin, Secretary of Flexibility and Improving Student Performance and the Treasury; Alan Greenspan, Chairman, Board of Accountability. Testimony was heard from Rep- Governors, Federal Reserve System; and public wit- resentative Tanner; Bret Schundler, Mayor, Jersey nesses. City, New Jersey; William Moloney, Commissioner Hearings continue tomorrow. of Education, Department of Education, State of Col- orado; and public witnesses. BUDGET PROCESS Committee on the Budget: Held a hearing on the Budg- SCHOOL VIOLENCE et Process. Testimony was heard from Representa- Committee on Government Reform: Subcommittee on tives Nussle, Cardin and Minge; Jacob J. Lew, Di- Criminal Justice, Drug Policy, and Human Re- rector, OMB; Dan Crippen, Director, CBO; Rudolph sources held a hearing on School Violence: What is G. Penner, former Director, CBO; and public Being Done to Combat School Violence? What witnesses. Should be Done? Testimony was heard from Nelba ELECTRICITY COMPETITION Chavez, Administrator, Substance Abuse and Mental Health Administration, Department of Health and Committee on Commerce: Subcommittee on Energy and Human Services; William Modzeleski, Director, Safe Power continued hearings on Electricity Competi- and Drug-Free Schools Program, Department of tion, focusing on PURPA, Stranded Costs, and the Education; Charlie Condon, Attorney General, State Environment. Testimony was heard from public wit- of South Carolina; and public witnesses. nesses. Hearings continue May 26. NATIONAL YOUTH CRIME PREVENTION AMERICA—THREAT OF BIOTERRORISM DEMONSTRATION ACT Committee on Commerce: Subcommittee on Oversight Committee on the Judiciary: Began markup of H.R. and Investigations held a hearing on the Threat of 102, National Youth Crime Prevention Demonstra- Bioterrorism in America: Assessing the Adequacy of tion Act. Federal Law Relating to Dangerous Biological Agents. Testimony was heard from the following of- MISCELLANEOUS MEASURES ficials of the Department of Justice: Jim Reynolds, Committee on the Judiciary: Subcommittee on Courts, Chief, Terrorism and Violent Crime Section, Crimi- and Intellectual Property approved for full Com- nal Division; and Robert M. Burnham, Chief, Do- mittee action the following: H.R. 354, amended, mestic Terrorism Section, National Security Divi- Collections of Information Antipiracy Act; the sion, FBI; the following officials of the Department American Inventors Protection Act; H.R. 1565, of Health and Human Services: William Raub, Dep- amended, Trademark Amendments Act of 1999; uty Assistant Secretary, Policy; and Stephen M. H.R. 1852, Multidistrict Trial Jurisdiction Act of Ostroff, M.D., Associate Director, Epidemiologic 1999; H.R. 1761, amended, Copyright Damages Science, National Center for Infectious Diseases, Improvement Act of 1999; and H.R. 1225, United Centers for Disease Control and Prevention; and States Patent and Trademark Office Reauthorization public witnesses. Act, Fiscal Year 2000. May 20, 1999 CONGRESSIONAL RECORD — DAILY DIGEST D567 OVERSIGHT—STELLER SEA LIONS Testimony was heard from Representative Committee on Resources: Subcommittee on Fisheries Chenoweth; Roger R. Rapp, Acting Under Secretary, Conservation, Wildlife and Oceans held an oversight National Cemetery Administration, Department of hearing on Steller Sea Lions. Testimony was heard Veterans Affairs; Brian E. Burke, Principal Deputy from Andrew Rosenberg, Deputy Assistant Adminis- Assistant Secretary, Army (Civil Works), Depart- trator, Fisheries, National Marine Fisheries Service, ment of the Army; Ray Boland, Secretary, Depart- NOAA, Department of Commerce; Frank V. Kelty, ment of Veterans Affairs, State of Wisconsin; Charles Mayor, Unalaska, State of Alaska; and public wit- F. Smith, Assistant Secretary, Division of Veterans nesses. Affairs, State of North Carolina; Lt. Col. Robin L. Higgins, USMC (Ret.), Executive Director, Depart- OVERSIGHT—COUNTY SCHOOLS 25% ment of Veterans Affairs, State of Florida; and rep- FUNDING STABILIZATION resentatives of veterans organizations. Committee on Resources: Subcommittee on Forests and TRADE AGENCY AUTHORIZATIONS, DRUG Forest Health held an oversight hearing on County FREE BORDERS AND PREVENTION OF ON- Schools 25% Fund Stabilization. Testimony was LINE PORNOGRAPHY ACT heard from public witnesses. Committee on Ways and Means: Ordered reported OVERSIGHT—CALIFORNIA CENTRAL amended H.R. 1833, Trade Agency Authorizations, VALLEY WATER MANAGEMENT Drug Free Borders and Prevention of On-Line Por- Committee on Resources: Subcommittee on Water and nography Act of 1999. Power held an oversight hearing on California Cen- FOSTER CARE INDEPENDENCE ACT tral Valley Water Management. Testimony was heard from Bruce Babbitt, Secretary of the Interior; Committee on Ways and Means: Subcommittee on Mary Nichols, Secretary of Resources, State of Cali- Human Resources approved for full Committee ac- fornia; and public witnesses. tion amended H.R. 1802, Foster Care Independence Act of 1999. DEPARTMENT OF ENERGY SECURITY CUSTOMS SERVICE PASSENGER Committee on Science: Held a hearing on Security at INSPECTION OPERATIONS the Department of Energy: Who’s Protecting the Committee on Ways and Means: Subcommittee on Nation’s Secrets. Testimony was heard from Bill Oversight held a hearing on U.S. Customs Service Richardson, Secretary of Energy. passenger inspection operations. Testimony was EASING TRAFFIC CONGESTION AND heard from Raymond W. Kelly, Commissioner, U.S. IMPROVING VEHICLE SAFETY Customs Service, Department of the Treasury; and Committee on Science: Subcommittee on Technology, public witnesses. hearing on Easing Traffic Congestion and Improving Vehicle Safety: ITS and Transportation Technology Joint Meetings Solutions for the 21st Century. Testimony was heard GLOBAL CLIMATE CHANGE from Kenneth Wykle, Administrator, Federal High- way Administration, Department of Transportation; Joint Hearing: Senate Committee on Energy and Nat- and public witnesses. ural Resources’ Subcommittee on Energy Research, Development, Production and Regulation concluded VETERANS’ MEASURES joint oversight hearings with the House Committee Committee on Veterans’ Affairs, Subcommittee on Bene- on Government Reform’s Subcommittee on National fits held a hearing on the following bills: Economic Growth, Natural Resources and Regu- H.R. 1071, Montgomery GI Bill Improvements Act latory Affairs on the Administration’s fiscal year of 1999; and H.R. 1182, Servicemembers Edu- 2000 budget request for climate change programs cational Opportunity Act of 1999. Testimony was and compliance with various statutory provisions in heard from Nora Egan, Deputy Under Secretary, fiscal year 1999 appropriations acts requiring de- Management, Veterans Benefits Administration, De- tailed accounting of climate change spending and partment of Veterans Affairs; representatives of vet- performance measures for each requested increase in erans organizations; and public witnesses. funding, after receiving testimony from Representa- tive Knollenberg; Deidre A. Lee, Acting Deputy Di- NATIONAL CEMETERIES rector for Management, Office of Management and Committee on Veterans’ Affairs: Subcommittee on Over- Budget; Peter F. Guerrero, Director, Environmental sight and Investigations held a hearing on National Protection Issues, Resources, Community, and Eco- Cemeteries, including Arlington National Cemetery. nomic Development Division, General Accounting D568 CONGRESSIONAL RECORD — DAILY DIGEST May 20, 1999 Office; T.J. Glauthier, Deputy Secretary of Energy; encryption in interstate commerce consistent with the David M. Gardiner, Assistant Administrator for Pol- protection of national security, 9:30 a.m., SR–253. icy, Environmental Protection Agency; Jerry Taylor, May 25, Subcommittee on Aviation, to hold hearings Cato Institute, and David M. Nemtzow, Alliance to on proposed legislation authorizing funds for research and Save Energy, both of Washington, D.C.; and Wil- development programs for the Federal Aviation Adminis- liam H. Lash, III, George Mason University, Arling- tration, Department of Transportation, 2:15 p.m., SR–253. ton, Virginia. May 26, Full Committee, to hold oversight hearings on f activities of the Federal Communications Commission, 2 p.m., SR–253. COMMITTEE MEETINGS FOR FRIDAY, May 27, Full Committee, to hold hearings on S. 761, MAY 21, 1999 to regulate interstate commerce by electronic means by Senate permitting and encouraging the continued expansion of No meetings/hearings scheduled. electronic commerce through the operation of free market forces, 10 a.m., SR–253. House Committee on Energy and Natural Resources: May 25, to Committee on Banking and Financial Services, to continue hold oversight hearings on state progress in retail elec- hearings on key international financial issues, 10 a.m., tricity competition, 10 a.m., SD–366. 2128 Rayburn. May 25, Subcommittee on National Parks, Historic Preservation, and Recreation, to hold hearings on S. 140, f to establish the Thomas Cole National Historic Site in the State of New York as an affiliated area of the Na- CONGRESSIONAL PROGRAM AHEAD tional Park System; S. 734, entitled the ‘‘National Dis- Week of May 24 through May 29, 1999 covery Trails Act of 1999’’; S. 762, to direct the Secretary of the Interior to conduct a feasibility study on the inclu- Senate Chamber sion of the Miami Circle in Biscayne National Park; S. 938, to eliminate restrictions on the acquisition of certain On Monday, Senate will begin consideration of S. land contiguous to Hawaii Volcanoes National Park; S. 1059, Department of Defense Authorization. 939, to correct spelling errors in the statutory designa- During the balance of the week, Senate expects to tions of Hawaiian National Parks; S. 946, to authorize continue consideration of S. 1059, Department of the Secretary of the Interior to transfer administrative ju- Defense Authorization, and any other cleared legisla- risdiction over land within the boundaries of the Home tive and executive business. of Franklin D. Roosevelt National Historic Site to the (On Tuesday, Senate will recess from 12:30 p.m. until Archivist of the United States for the construction of a 2:15 p.m., for their respective party conferences.) visitor center; and S. 955, to allow the National Park Service to acquire certain land for addition to the Wilder- Senate Committees ness Battlefield in Virginia, as previously authorized by (Committee meetings are open unless otherwise indicated) law, by purchase or exchange as well as by donation, 2:15 Special Committee on Aging: May 24, to hold hearings to p.m., SD–366. examine Health Care Financing Administration assess- May 26, Subcommittee on Forests and Public Land ment’s of home health care access, 1 p.m., SD–366. Management, to hold hearings on S. 510, to preserve the Committee on Agriculture, Nutrition, and Forestry: May 26, sovereignty of the United States over public lands and ac- to hold hearings to examine the live stock industry, in- quired lands owned by the United States, and to preserve cluding mandatory pricing and country of origin labeling, State sovereignty and private property rights in non-Fed- 9 a.m., SH–216. eral lands surrounding those public lands and acquired May 27, Full Committee, to hold hearings on S. 935, lands, 2:30 p.m., SD–366. to amend the National Agricultural Research, Extension, May 27, Full Committee, to hold hearings on the and Teaching Policy Act of 1977 to authorize research to nomination of David L. Goldwyn, of the District of Co- promote the conversion of biomass into biobased indus- lumbia to be an Assistant Secretary of Energy (Inter- trial products, 9 a.m., SR–328A. national Affairs), 9:30 a.m., SD–366. Committee on Appropriations: May 24, Subcommittee on May 27, Subcommittee on Water and Power, to hold Defense, business meeting to mark up proposed legisla- hearings on S. 623, to amend Public Law 89–108 to in- tion making appropriations for fiscal year 2000 for the crease authorization levels for State and Indian tribal, mu- Department of Defense, 1:30 p.m., SD–192. nicipal, rural, and industrial water supplies, to meet cur- May 25, Full Committee, to hold hearings on proposed rent and future water quantity and quality needs of the legislation making appropriations for fiscal year 2000 for Red River Valley, to deauthorize certain project features the Department of Defense, 2:30 p.m., SH–216. and irrigation service areas, to enhance natural resources Committee on Commerce, Science, and Transportation: May and fish and wildlife habitat; S. 244, to authorize the 25, to hold hearings on S. 798, to promote electronic construction of the Lewis and Clark Rural Water System commerce by encouraging and facilitating the use of and to authorize assistance to the Lewis and Clark Rural May 20, 1999 CONGRESSIONAL RECORD — DAILY DIGEST D569

Water System, Inc., a nonprofit corporation, for the plan- Committee on Indian Affairs: May 26, to hold oversight ning and construction of the water supply system; hearings on Native American Youth Activities and Initia- S. 769, to provide a final settlement on certain debt tives, 9:30 a.m., SR–485. owed by the city of Dickinson, North Dakota, for the Select Committee on Intelligence: May 26, to hold closed construction of the bascule gates on the Dickinson Dam; hearings on pending intelligence matters, 2 p.m., and S. 1027, to reauthorize the participation of the Bu- SH–219. reau of Reclamation in the Deschutes Resources Conser- Committee on the Judiciary: May 24, Subcommittee on vancy, 2 p.m., SD–366. Criminal Justice Oversight, to hold oversight hearings on Committee on Environment and Public Works: May 25, to the Federal Bureau of Prisons, 3 p.m., SD–226. hold hearings on proposed legislation authorizing funds May 25, Full Committee, to hold hearings to review for programs of the Comprehensive Environmental Re- the Library of Congress’ Copyright Office report on dis- sponse, Liability, and Compensation Act of 1980 (Super- tance education in the digital environment, 10 a.m., fund), 10 a.m., SD–406. SD–226. May 26, Full Committee, to hold hearings on proposed May 26, Subcommittee on Immigration, to hold hear- legislation authorizing funds for programs of the Com- ings to examine immigrant contributions to the United prehensive Environmental Response, Liability, and Com- States Armed Forces, 10 a.m., SD–226. pensation Act of 1980 (Superfund), 9:30 a.m., SD–406. May 26, Subcommittee on Constitution, Federalism, Committee on Finance: May 25, to resume oversight hear- and Property Rights, business meeting to consider pend- ings on the enforcement activities of the United States ing calendar business, 2 p.m., SD–226. Customs Service, focusing on commercial operations, 10 Committee on Small Business: May 25, to hold hearings a.m., SD–215. relating to education and business success, 10 a.m., Committee on Foreign Relations: May 25, Subcommittee SR–428A. on Near Eastern and South Asian Affairs, to hold hear- Special Committee on the Year 2000 Technology Problem: ings on political and military developments in India, 10 May 25, to hold hearings to explore individual and com- a.m., SD–562. munity Y2K preparedness, and the media’s role in pro- May 25, Full Committee, to hold hearings to examine viding Y2K information, 9:30 a.m., SH–216. issues relating to the Anti-Ballistic Missile Treaty, 2 House Chamber p.m., SD–562. May 26, Full Committee, to hold hearings to examine Monday, Consideration of suspensions. No votes a protocol to reconstitute the Anti-Ballistic Missile are expected before 6:00 p.m. (ABM) Treaty with four new partners, 10 a.m., SD–562. Tuesday, Wednesday and Thursday, Consideration of May 27, Subcommittee on East Asian and Pacific Af- the following measures subject to rules being grant- fairs, to hold hearings to examine the Chinese Embassy ed: bombing and its effects on United States-China relations, H.R. 1259, Social Security and Medicare Safe De- 10 a.m., SD–562. posit Box Act of 1999; May 27, Full Committee, to hold hearings on the H.R. 1833, United States Trade Representative nomination of David B. Sandalow, of the District of Co- and Customs Service Reauthorization Act; lumbia, to be Assistant Secretary of State for Oceans and International Environmental and Scientific Affairs, 2 H.R. 150, Education Land Grant Act; p.m., SD–562. Agriculture Appropriations Act; Committee on Health, Education, Labor, and Pensions: May Legislative Branch Appropriations Act; and 25, business meeting to consider the Health Information H.R. 1401, Defense Authorization Act. Confidentiality Act; S. Con. Res. 28, urging the Con- Friday, The House is not in session. gress and the President to increase funding for the Pell Any Further Program Will Be Announced Later. Grant Program and existing Campus-Based Aid Pro- grams; the nomination of James Roger Angel, of Arizona, House Committees to be a Member of the Board of Trustees of the Barry Committee on Agriculture, May 26, Subcommittee on Goldwater Scholarship and Excellence in Education Foun- General Farm Commodities, Resource Conservation, and dation; and the nomination of Zalmay Khalilzad, of Credit, hearing to review the effects of electric deregula- Maryland, to be a Member of the Board of Directors of tion on rural areas and an examination of legislative pro- the United States Institute of Peace, 9:30 a.m., SD–628. posals, 10 a.m., 1300 Longworth. May 26, Subcommittee on Employment, Safety and Committee on Banking and Financial Services, May 26, Training, to hold hearings to examine mine safety and hearing and markup of the following bills: H.R. 629, health issues, 9:30 a.m., SD–628. Community Development Financial Institutions Fund May 27, Full Committee, to hold hearings on proposed Amendments Act of 1999; and H.R. 413, Program for legislation authorizing funds for the National Endowment Investment in Microentrepreneurs Act of 1999, 10 a.m., for the Arts, 10 a.m., SD–628. 2128 Rayburn. May 27, Subcommittee on Aging, to resume hearings Committee on the Budget, May 25, Task Force on Social on issues relating to the Older Americans Act, 2:30 p.m., Security, hearing on International Social Security Reform, SD–628. 12 p.m., 210 Cannon. D570 CONGRESSIONAL RECORD — DAILY DIGEST May 20, 1999

Committee on Commerce, May 25, Subcommittee on living adjustment in the pay of administrative law Health and Environment and the Subcommittee on Over- judges, 10 a.m., 2226 Rayburn. sight and Investigations, joint hearing on Y2K and Med- May 27, Subcommittee on the Constitution, hearing on ical Devices: Screening for the Y2K Bug, 10 a.m., 2123 H.R. 1218, Child Custody Protection Act, 9 a.m., 2237 Rayburn. Rayburn. May 25, Subcommittee on Telecommunications, Trade, May 27, Subcommittee on Courts and Intellectual and Consumer Practices, hearing on H.R. 850, Security Property, oversight hearing on Electronic Communication and Freedom through Encryption (SAFF) Act, 10 a.m., Privacy Policy Disclosure, 10 a.m., 2141 Rayburn. 2322 Rayburn. May 27, Subcommittee on Crime, hearing on pending May 26, Subcommittee on Energy and Power, to con- Firearms legislation and the Administration’s Enforce- tinue hearings on Electricity Competition, focusing on ment of Current Gun Law, 2 p.m., 2141 Rayburn. State Restructuring Efforts and Consumer Protection May 27, Subcommittee on Immigration and Claims, Issues, 10 a.m., 2123 Rayburn. oversight hearing on the Immigration and Naturalization May 26, Subcommittee on Oversight and Investiga- Service’s Interior Enforcement Strategy, 2 p.m., 2226 tions hearing on a Review of the Department of Energy’s Rayburn. Deployment of DOE-Funded Environmental Cleanup Committee on Resources, May 25, Subcommittee on En- Technologies, 9:30 a.m., 2322 Rayburn. ergy and Mineral Resources, hearing on H.R. 1753 (and May 27, Subcommittee on Health and Environment, S. 330), Methane Hydrate Research and Development Act hearing on Medical Records Confidentiality in the Mod- of 1999, bill, S. 330, 2 p.m., 1324 Longworth. ern Delivery of Health Care, 10 a.m., 2322 Rayburn. May 25, Subcommittee on Forests and Forest Health, Committee on Education and the Workforce, May 25, Sub- oversight hearing on the Role of the National Forests in committee on Early Childhood, Youth, and Families, the Lewis and Clark Bicentennial, 2 p.m., 1334 Long- hearing on Education Reform: Putting the Needs of Our worth. Children First, 1:30 p.m., 2175 Rayburn. May 25, Subcommittee on National Parks and Public May 27, Subcommittee on Oversight and Investiga- Lands, oversight hearing on New NPS Methodology used tions, hearing to Review and Oversight of the 1998 to evaluate the achievement of natural quiet restoration Reading Results of the National Assessment of Education standards in Grand Canyon National Park, 10 a.m., 1324 Programs (NAEP)—The Nation’s Report Card, 9:30 Longworth. a.m., 2175 Rayburn. May 26, full committee, oversight hearing on Use of Committee on Government Reform, May 24, Subcommittee Land and Money Mitigation Requirement in ESA En- on Government Management, Information, and Tech- nology, hearing on the Salary of the President of the forcement, 10 a.m., 1324 Longworth. United States, 1:30 p.m., 2154 Rayburn. May 27, Subcommittee on Fisheries Conservation, May 26, Subcommittee on National Security, Veterans’ Wildlife and Oceans and the Subcommittee on Water Affairs and International Relations, hearing on Com- and Power, joint hearing on H. Con. Res. 63, expressing bating Terrorism: Proposed Transfer of the Domestic Pre- the sense of the Congress opposing removal of dams on paredness Program to the Department of Justice, 10 a.m., the Columbia and Snake Rivers for fishery restoration 2154 Rayburn. purposes, 10:30 a.m., 1334 Longworth. May 27, full Committee, hearing on ‘‘How Accurate is Committee on Rules, May 24, to consider the following: the FDA’s Monitoring of Supplements Like Ephedra?’’ 1 H.R. 1259, Social Security and Medicare Safe Deposit p.m., 2154 Rayburn. Box Act of 1999; and a measure making appropriations Committee on International Relations, May 25, Sub- for the Agriculture, Rural Development, Food and Drug committee on Africa, hearing on the Ethiopia-Eritrea Administration, and Related Agencies programs for the War: U.S. Policy Options, 2 p.m., 2172 Rayburn. fiscal year ending September 30, 2000, 5 p.m., H–313 May 26, Subcommittee on Asia and the Pacific, hear- Capitol. ing on Malaysia: Assessing the Mahathir Agenda, 1:30 Committee on Science, May 25, to mark up the following p.m., 2172 Rayburn. bills: H.R. 1655, Department of Energy Research, Devel- May 27, Subcommittee on International Operations opment, and Demonstration Authorization Act of 1999; and Human Rights and the Subcommittee on Africa, H.R. 1656, Department of Energy Commercial Applica- joint hearing on the Crisis Against Humanity in Sudan, tion of Energy Technology Authorization Act of 1999; 1:30 p.m., 2172 Rayburn. H.R. 1742, Environmental Protection Agency Office of Committee on the Judiciary, May 25, Subcommittee on Research and Development and Science Advisory Board Commercial and Administrative Law, oversight hearing Authorization Act of 1999; H.R. 1743, Environmental on Novel Procedures in FCC License Transfer Pro- Protection Agency Office of Air and Radiation Authoriza- ceedings, 10 a.m., 2141 Rayburn. tion Act of 1999; and H.R. 1744, National Institute of May 25, Subcommittee on the Constitution, to mark Standards and Technology Authorization Act of 1999, up H.R. 1691, Religious Liberty Protection Act of 1999, 9:30 a.m., 2318 Rayburn. 10 a.m., 2237 Rayburn. May 26, Subcommittee on Energy and Environment, May 27, Subcommittee on Commercial and Adminis- hearing on EPA’s High Production Volume (HPV) trative Law, hearing on H.R. 915, to authorize a cost of Chemical Testing Program, 10 a.m., 2318 Rayburn. May 20, 1999 CONGRESSIONAL RECORD — DAILY DIGEST D571

Committee on Small Business, May 25, Subcommittee on May 26, Subcommittee on Water Resources and Envi- Empowerment, hearing on ‘‘Welfare To Work: What Is ronment, hearing on the Administration’s Harbor Services Working, What Is Next?’’ 10 a.m., 2360 Rayburn. Fee Proposal, 2 p.m., 2167 Rayburn. May 26, full Committee, hearing on ‘‘Electronic Com- Committee on Ways and Means, May 25, Subcommittee merce: The Benefits and Pitfalls of Conducting Business on Oversight, hearing on the impact of complexity in the Over the Internet’’, 10 a.m., 2360 Rayburn. tax code for individual taxpayers and small businesses, 2 May 27, Subcommittee on Government Programs and p.m., 1100 Longworth. Oversight, hearing on the Small Business Innovation Re- May 27, Subcommittee on Human Resources, hearing search (SBIR) Program, 10 a.m., 2360 Rayburn. on the Effects of Welfare Reform, 10:30 a.m., B–318 Committee on Transportation and Infrastructure, May 26, Rayburn. Subcommittee on Ground Transportation, oversight hear- May 27, Subcommittee on Trade, hearing on the use ing on the Office of Motor Carriers and of Bus Safety, 10 and effect of unilateral trade sanctions, 11 a.m., 1100 a.m., 2167 Rayburn. Longworth. D572 CONGRESSIONAL RECORD — DAILY DIGEST May 20, 1999

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 11 a.m., Monday, May 24 12:30 p.m., Monday, May 24

Senate Chamber House Chamber Program for Monday: After the recognition of certain Program for Monday: Consideration of suspensions. Senators for speeches and the transaction of any morning business (not to extend beyond 1 p.m.), Senate will begin consideration of S. 1059, Department of Defense Author- ization.

Extensions of Remarks, as inserted in this issue

HOUSE Hill, Baron P., Ind., E1053 Pelosi, Nancy, Calif., E1046 Holt, Rush D., N.J., E1035, E1038 Petri, Thomas E., Wisc., E1037 Becerra, Xavier, Calif., E1039 Hoyer, Steny H., Md., E1041 Roukema, Marge, N.J., E1037 Bliley, Tom, Va., E1055 Istook, Ernest J., Jr., Okla., E1061 Scarborough, Joe, Fla., E1040 Bonior, David E., Mich., E1044 Kanjorski, Paul E., Pa., E1035, E1040 Schaffer, Bob, Colo., E1043, E1044, E1047, E1052 Boyd, Allen, Fla., E1046 Kildee, Dale E., Mich., E1041, E1050 Sensenbrenner, F. James, Jr., Wisc., E1060 Canady, Charles T., Fla., E1041 Kleczka, Gerald D., Wisc., E1039 Smith, Adam, Wash., E1040 Castle, Michael N., Del., E1054 Kucinich, Dennis J., Ohio, E1044, E1045, E1049 Stark, Fortney Pete, Calif., E1037, E1042, E1049, E1051 Christensen, Donna MC, The Virgin Islands, E1055 Kuykendall, Steven T., Calif., E1050 Stenholm, Charles W., Tex., E1042 DeLauro, Rosa L., Conn., E1046 Lee, Barbara, Calif., E1046 Taylor, Gene, Miss., E1039 Diaz-Balart, Lincoln, Fla., E1045 Lipinski, William O., Ill., E1038 Thompson, Bennie G., Miss., E1058 Doolittle, John T., Calif., E1052 Maloney, Carolyn B., N.Y., E1054 Towns, Edolphus, N.Y., E1050 Engel, Eliot L., N.Y., E1044, E1045, E1048 Meek, Carrie P., Fla., E1039 Traficant, James A., Jr., Ohio, E1054 Everett, Terry, Ala., E1046 Morella, Constance A., Md., E1035, E1038, E1040 Vela´ zquez, Nydia M., N.Y., E1038 Gonzalez, Charles A., Tex., E1043, E1044, E1047, E1052 Ortiz, Solomon P., Tex., E1041 Weiner, Anthony D., N.Y., E1051 Goodling, William F., Pa., E1035 Ose, Doug, Calif., E1036 Weygand, Robert A., R.I., E1036 Green, Gene, Tex., E1045 Oxley, Michael G., Ohio, E1053 Woolsey, Lynn C., Calif., E1046 Hayes, Robin, N.C., E1050 Packard, Ron, Calif., E1037

E PL UR UM IB N U U S The public proceedings of each House of Congress, as reported by the Official Reporters thereof, are printed pursuant to directions Congressional Record of the Joint Committee on Printing as authorized by appropriate provisions of Title 44, United States Code, and published for each day that one or both Houses are in session, excepting very infrequent instances when two or more unusually small consecutive issues are printed at one time. ¶ Public access to the Congressional Record is available online through GPO Access, a service of the Government Printing Office, free of charge to the user. The online database is updated each day the Congressional Record is published. The database includes both text and graphics from the beginning of the 103d Congress, 2d session (January 1994) forward. It is available on the Wide Area Information Server (WAIS) through the Internet and via asynchronous dial-in. Internet users can access the database by using the World Wide Web; the Superintendent of Documents home page address is http://www.access.gpo.gov/suldocs, by using local WAIS client software or by telnet to swais.access.gpo.gov, then login as guest (no password required). Dial-in users should use communications software and modem to call (202) 512–1661; type swais, then login as guest (no password required). For general information about GPO Access, contact the GPO Access User Support Team by sending Internet e-mail to [email protected], or a fax to (202) 512–1262; or by calling Toll Free 1–888–293–6498 or (202) 512–1530 between 7 a.m. and 5 p.m. Eastern time, Monday through Friday, except for Federal holidays. ¶ The Congressional Record paper and 24x microfiche will be furnished by mail to subscribers, free of postage, at the following prices: paper edition, $165.00 for six months, $325.00 per year, or purchased for $2.75 per issue, payable in advance; microfiche edition, $141.00 per year, or purchased for $1.50 per issue payable in advance. The semimonthly Congressional Record Index may be purchased for the same per issue prices. Mail orders to: Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA 15250–7954, or phone orders to (202) 512–1800, or fax to (202) 512–2250. Remit check or money order, made payable to the Superintendent of Documents, or use VISA, MasterCard, Discover, or GPO Deposit Account. ¶ Following each session of Congress, the daily Congressional Record is revised, printed, permanently bound and sold by the Superintendent of Documents in individual parts or by sets. ¶ With the exception of copyrighted articles, there are no restrictions on the republication of material from the Congressional Record.