Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 105 CONGRESS, SECOND SESSION

E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 105 CONGRESS, SECOND SESSION

Vol. 144 WASHINGTON, THURSDAY, NOVEMBER 12, 1998 No. 152 House of Representatives ENROLLED BILLS SIGNED AFTER United States and the Republic of Poland, ment in favor of the Mississippi Sioux Indi- SINE DIE ADJOURNMENT and for other purposes. ans, and for other purposes. H.R. 3633. An act to amend the Controlled S. 417. An act to extend energy conserva- Mr. THOMAS, from the Committee Substances Import and Export Act to place tion programs under the Energy Policy and on House Oversight, reported that that limitations on controlled substances brought Conservation Act through September 30, committee had examined and found into the United States. 2002. truly enrolled bills of the House of the H.R. 3723. An act to authorize funds for the S. 459. An act to amend the Native Amer- following titles, which were thereupon payment of salaries and expenses of the Pat- ican Programs Act of 1974 to extend certain signed by the Speaker pro tempore: ent and Trademark Office, and for other pur- authorizations, and for other purposes. poses. S. 759. An act to amend the State Depart- H.R. 379. An act for the relief of Larry H.R. 3910. An act to authorize the Auto- ment Basic Authorities Act of 1956 to require Errol Pieterse. mobile National Heritage Area in the State the Secretary of State to submit an annual H.R. 633. An act to amend the Foreign of Michigan, and for other purposes. report to Congress concerning diplomatic Service Act of 1980 to provide that the annu- H.R. 4083. An act to make available to the immunity. ities of certain special agents and security Ukrainian Museum and Archives the USIA S. 1132. An act to modify the boundaries of personnel of the Department of State be television program ‘‘Window on America’’. the Bandelier National Monument to include computed in the same way as applies gen- H.R. 4110. An act to amend title 38, United the lands within the headwaters of the Upper erally with respect to Federal law enforce- States Code, to improve benefits and services Alamo Watershed which drain into the ment officers, and for other purposes. provided to Persian Gulf War veterans, to Monument and which are not currently with- H.R. 378. An act for the relief of Heraclio provide a cost-of-living adjustment in rates in the jurisdiction of a Federal land manage- Tolley. of compensation paid to veterans with serv- ment agency, to authorize purchase or dona- H.R. 1023. An act to provide for compas- ice-connected disabilities, to enhance pro- tion of those lands, and for other purposes. sionate payments with regard to individuals grams providing health care, compensation, S. 1134. An act granting the consent and with blood-clotting disorders, such as hemo- education, insurance, and other benefits for approval of Congress to an interstate forest philia, who contracted human immuno- veterans, and for other purposes. fire protection compact. deficiency virus due to contaminated H.R. 4164. An act to amend title 28, United S. 1364. An act to eliminate unnecessary antihemophilia factor, and for other pur- States Code, with respect to the enforcement and wasteful Federal reports. poses. S. 1397. An act to establish a commission of child custody and visitation orders. H.R. 1794. An act for the relief of Mai Hoa to assist in commemoration of the centen- H.R. 4283. An act to support sustainable ‘‘Jasmin’’ Salehi. nial of powered flight and the achievements and broad-based agricultural and rural devel- H.R. 1834. An act for the relief of Mercedes of the Wright brothers. opment in sub-Saharan Africa, and for other Del Carmen Quiros Martinez Cruz. S. 1408. An act to establish the Lower East purposes. H.R. 1949. An act for the relief of Nuratu Side Tenement National Historic Site, and H.R. 4501. An act to require the Secretary Olarewaju Abeke Kadiri. for other purposes. H.R. 2070. An act to amend title 18, United of Agriculture and the Secretary of the Inte- S. 1525. An act to provide financial assist- States Code, to provide for the testing of cer- rior to conduct a study to improve the access ance for higher education to the dependents tain persons who are incarcerated or ordered for persons with disabilities to outdoor rec- of Federal, State, and local public safety of- detained before trial, for the presence of the reational opportunities made available to ficers who are killed or permanently and to- human immunodeficiency virus, and for the public. tally disabled as the result of a traumatic in- other purposes. H.R. 4821. An act to extend into fiscal year jury sustained in the line of duty. H.R. 2204. An act to authorize appropria- 1999 the visa processing period for diversity S. 1693. An act to provide for improved tions for fiscal years 1998 and 1999 for the applicants whose visa processing was sus- management and increased accountability Coast Guard, and for other purposes. pended during fiscal year 1998 due to em- for certain National Park Service programs, H.R. 2263. An act to authorize and request bassy bombings. and for other purposes. the President to award the congressional f S. 1718. An act to amend the Weir Farm National Historic Site Establishment Act of Medal of Honor posthumously to Theodore SENATE ENROLLED BILLS AND Roosevelt for his gallant and heroic actions 1990 to authorize the acquisition of addi- in the attack on San Juan Heights, Cuba, JOINT RESOLUTION SIGNED tional acreage for the historic site to permit during the Spanish-American War. AFTER SINE DIE ADJOURNMENT the development of visitor and administra- H.R. 2744. An act for the relief of Chong Ho The SPEAKER pro tempore an- tive facilities and to authorize the appro- Kwak. nounced her signature to enrolled bills priation of additional amounts for the acqui- H.R. 3267. An act to direct the Secretary of sition of real and personal property, and for the Interior, acting through the Bureau of and a Joint Resolution of the Senate of other purposes. Reclamation, to conduct a feasibility study the following titles: S. 1733. An act to amend the Food Stamp and construct a project to reclaim the S. 191. An act to throttle criminal use of Act of 1977 to require food stamp State agen- Salton Sea, and for other purposes. guns. cies to take certain actions to ensure that H.R. 3461. An act to approve a governing S. 391. An act to provide for the disposition food stamp coupons are not issued for de- international fishery agreement between the of certain funds appropriated to pay judg- ceased individuals, to require the Secretary

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.

H11707

. H11708 CONGRESSIONAL RECORD — HOUSE November 12, 1998 of Agriculture to conduct a study of options certain special agents and security personnel H. Con. Res. 224. Congress urges inter- for the design, development, implementa- of the Department of State be computed in national cooperation in working to resolve tion, and operation of a national database to the same way as applies generally with re- cases of children abducted by family mem- track participation in Federal means-tested spect to Federal law enforcement officers, bers who are foreign nationals. public assistance programs, and for other and for other purposes. H. Con. Res. 185. Congress reaffirms the purposes. H.R. 1023. To provide for compassionate commitment of the United States to the fun- S. 1754. An act to amend the Public Health payments with regard to individuals with damental human rights enunciated in the Service Act to consolidate and reauthorize blood-clotting disorders, such as hemophilia, Universal Declaration of Human Rights. health professions and minority and dis- who contracted human immunodeficiency H. Con. Res. 277. Recognizes Mark Rich, advantaged health education programs, and virus due to contaminated antihemophilic David Mankins, and Rich Tenenoff. for other purposes. factor, and for other purposes. H. Con. Res. 254. Congress resolves that the S. 2129. An act to eliminate restrictions on H.R. 1794. For the relief of Mai Hoa Government of Cuba return to the United the acquisition of certain land contiguous to ‘‘Jasmin‘‘ Salehi. States Joanne Chesimard and any other indi- Hawaii Volcanoes National Park. H.R. 1834. For the relief of Mercedes Del viduals who fled the United States to avoid S. 2241. An act to provide for the acquisi- Carmen Quiroz Martinez Cruz. prosecution. tion of lands formerly occupied by the H.R. 1949. For the relief of Nuratu H. Con. Res. 352. Corrections to H.R. 3461. Franklin D. Roosevelt family at Hyde Park, Olarewaju Abeke Kadiri. H. Con. Res. 351. Corrections to H.R. 3910. New York, and for other purposes. H.R. 2070. To amend title 18, United States f S. 2272. An act to amend the boundaries of Code, to provide for the testing of certain Grant-Kohrs Ranch National Historic Site in persons who are incarcerated or ordered de- BILLS AND JOINT RESOLUTIONS the State of Montana. tained before trial, for the presence of the APPROVED BY THE PRESIDENT S. 2375. An act to amend the Securities Ex- human immunodeficiency virus, and for PRIOR TO SINE DIE ADJOURN- change Act of 1934 and the Foreign Corrupt other purposes. MENT Practices Act of 1977, to strengthen prohibi- H.R. 2204. To authorize appropriations for tions on international bribery and other cor- fiscal years 1998 and 1999 for the Coast Guard, The President notified the Clerk of rupt practices, and for other purposes. and for other purposes. the House that on the following dates S. 2432. An act to support programs of H.R. 2263. To authorize and request the he had approved and signed bills and grants to States to address the assistive President to award the congressional Medal joint resolutions of the following titles: technology needs of individuals with disabil- of Honor posthumously to Theodore Roo- On August 12, 1998: ities, and for other purposes. sevelt for his gallant and heroic actions in H.R. 4237. An act to amend the District of S. 2500. An act to protect the sanctity of the attack on San Juan Heights, Cuba, dur- Columbia Convention Center and Sports contracts and leases entered into by surface ing the Spanish-American War. Arena Authorization Act of 1995 to revise the patent holders with respect to coalbed meth- H.R. 2744. For the relief of Chong Ho Kwak. ane gas. H.R. 3267. To direct the Secretary of the In- revenues and activities covered under such S.J. Res. 35. An joint resolution granting terior, acting through the Bureau of Rec- Act, and for other purposes. the consent of Congress to the Pacific North- lamation, to conduct a Feasibility study and On August 13, 1998: west Emergency Management Arrangement. construct a project to reclaim the Salton H.R. 765. An act to ensure maintenance of f Sea, and for other purposes. a herd of wild horses in Cape Lookout Na- H.R. 3461 To approve a governing inter- tional Seashore. CONCURRENT RESOLUTIONS PRE- national fishery agreement between the H.R. 872. An act to establish rules govern- SENTED TO THE PRESIDENT United States and the Republic of Poland, ing product liability actions against raw ma- PRIOR TO SINE DIE ADJOURN- and for other purposes. terials and bulk component suppliers to MENT H.R. 3633. To amend the Controlled Sub- medical device manufacturers, and for other stances Import and Export Act to place limi- purposes. Mr. THOMAS, from the Committee tations on controlled substances brought On August 14, 1998: on House Oversight reported that that into the United States. H.R. 3824. An act amending the Fastener committee did on the following date H.R. 3723. To authorize funds for the pay- Quality Act to exempt from its coverage cer- present to the President, for his ap- ment of salaries and expenses of the Patent tain fasteners approved by the Federal Avia- proval, concurrent resolutions of the and Trademark Office, and for other pur- tion Administration for use in aircraft. House of the following titles: poses. On September 20, 1998: H.R. 3910. To authorize the Automobile Na- H.R. 629. An act to grant the consent of the On October 5, 1998: tional Heritage Area in the State of Michi- Congress to the Texas Low-Level Radio- H. Con. Res. 310. Authorizing the use of the gan, and for other purposes. active Waste Disposal Compact. Rotunda of the Capitol. H.R. 4083. to make available to the H.R. 4059. An act making appropriations H. Con. Res. 326. Authorizing the use of the Ukranian Museum and Archives the USIA for military construction, family housing, Rotunda of the Capitol. and base realignment and closure for the De- H. Con. Res. 311. Honoring the memory of television program ‘‘Window on America’’. H.R. 4110. To amend title 38, United States partment of Defense for the fiscal year end- Detective John Gibson and Private Jacob ing September 30, 1999, and for other pur- Chesnut of the United States Capitol Police. Code, to improve benefits and services provided to Persian Gulf War veterans, to proposes. H. Con. Res. 297. Adjournment resolution. On September 25, 1998: H. Con. Res. 298. Congress expresses condo- vide a cost-of-living adjustment in rates of H.J. Res. 128. Joint Resolution making lences to the State and people of Florida for compensation paid to veterans with service- continuing appropriations for the fiscal year the losses suffered as a result of the wild connected disabilities, to enhance programs 1999, and for other purposes. land fires occurring in June and July 1998. providing health care, compensation, education, insurance, and other benefits for vet- On October 5, 1998: f erans, and for other purposes. H.R. 1856. An act to amend the Fish and BILLS, JOINT RESOLUTION AND H.R. 4164. To amend title 28, United States Wildlife Act of 1956 to promote volunteer CONCURRENT RESOLUTIONS Code, with respect to the enforcement of programs and community partnerships for the benefit of national wildlife refuges, and PRESENTED TO THE PRESIDENT child custody and visitation orders. H.R. 4283. To support sustainable and for other purposes. AFTER SINE DIE ADJOURNMENT broad-based agricultural and rural develop- On October 7, 1998: Mr. THOMAS, from the Committee ment in sub-Saharan Africa, and for other H.R. 6. An act to extend the authorization on House Oversight, reported that that purposes. of programs under the Higher Education Act committee did on the following dates H.R. 4501. To require the Secretary of Agri- of 1965, and for other purposes. H.R. 4060. An act making appropriations present to the President, for his ap- culture and the Secretary of the Interior to conduct a study to improve the access for for energy and waste development for the fis- proval, bills, a joint resolution and persons with disabilities to outdoor rec- cal year ending September 30, 1999, and for concurrent resolutions of the House of reational opportunities made available to other purposes. the following titles: the public. On October 9, 1998: On October 26, 1998: H.R. 4821. To extend into fiscal year 1999 H.J. Res. 133. Joint Resolution making fur- H.J. Res. 138. Appointing the day for the the visa processing period for diversity appli- ther continuing appropriations for the fiscal convening of the first session of the One cants whose visa processing was suspended year 1999, and for other purposes. Hundred Sixth Congress. during fiscal year 1998 due to embassy bomb- H.R. 3096. An act to correct a provision re- On November 2, 1998: ings. lating to termination of benefits for con- H.R. 378. For the relief of Heraclio Tolley. On November 10, 1998: victed persons. H.R. 379. For the relief of Larry Errol H. Con. Res. 214. Recognizes the contribu- H.R. 4382. An act to amend the Public Pieterse. tions of the cities of Bristol, Tennessee and Health Service Act to revise and extend the H.R. 633. To amend the Foreign Service Bristol, Virginia. program for mammography quality stand- Act of 1980 to provide that the annuities of H. Con. Res. 353. Adjournment Resolution. ards. November 12, 1998 CONGRESSIONAL RECORD — HOUSE H11709 On October 12, 1998: intelligence-related activities of the United for inclusion in the Wenatchee National For- H.J. Res. 131. Joint Resolution waiving cer- States Government, the Community Man- est. tain enrollment requirements for the re- agement Account, and the Central Intel- S. 1883, An act to direct the Secretary of mainder of the One Hundred Fifth Congress ligence Agency Retirement and Disability the Interior to convey the Marion National with respect to any bill of joint resolution System, and for other purposes. Fish Hatchery and the Claude Harris Na- making general or continuing appropriations On October 21, 1998: tional Aquacultural Research Center to the for fiscal year 1999. H.R. 4112. An act making appropriations State of Alabama, and for other purposes. H.J. Res. 134. Joint Resolution making fur- for the Legislative Branch for the fiscal year On September 28, 1998: ther continuing appropriations for the fiscal ending September 30, 1999, and for other pur- S. 2112, An act to make the Occupational year 1999, and for other purposes. poses. Safety and Health Act of 1970 applicable to On October 14, 1998: H.R. 4194. An act making appropriations the United States Postal Service in the same H.J. Res. 135. Joint Resolution making fur- for the Departments of Veterans Affairs and manner as any other employer. ther continuing appropriations for the fiscal Housing and Urban Development, and for On October 6, 1998: year 1999, and for other purposes. sundry independent agencies, boards, com- S. 1695. An act to authorize the Secretary H.R. 3007. An act to establish the Commis- missions, corporations, and offices for the of the Interior to study the suitability and sion on the Advancement of Women and Mi- fiscal year ending September 30, 1999, and for feasibility of designating the Sand Creek norities in Science, Engineering, and Tech- other purposes. Massacre National Historic Site in the State nology Development. H.R. 4328. An act making omnibus consoli- of Colorado as a unit of the National Park H.R. 4068. An act to make certain technical dated and emergency appropriations for the System, and for other purposes. corrections in laws relating to Native Ameri- fiscal year ending September 30, 1999, and for On October 8, 1998: cans, and for other purposes. other purposes. S. 1379. An act to amend section 552 of title On October 15, 1998: H.R. 4658. An act to extend the date by H.R. 4566. An act to make technical correc- 5, United States Code, and the national Secu- which an automated entry-exit control sys- tions to the National Capital Revitalization rity Act of 1947 to require disclosure under tem must be developed. and Self-Government Improvement Act of the Freedom of Information Act regarding On October 16, 1998: 1997 with respect to the courts and court sys- certain persons, disclose Nazi war criminal H.J. Res. 136. Joint Resolution making fur- tem of the District of Columbia. records without impairing any investigation ther continuing appropriations for the fiscal f or prosecution conducted by the Department year 1999, and for other purposes. of Justice or certain intelligence matters, On October 17, 1998: SENATE BILLS AND JOINT RESO- and for other purposes. H.R. 3616. An act to authorize appropria- LUTION APPROVED BY THE On October 9, 1998: tions for fiscal year 1999 for military activi- PRESIDENT PRIOR TO SINE DIE S. 1355. An act to designate the United ties of the Department of Defense, for mili- ADJOURNMENT States courthouse located at 141 Church tary construction, and for defense activities Street in New Haven, Connecticut, as the of the Department of Energy, to prescribe The President notified the Clerk of the ‘‘Richard C. Lee United States Courthouse’’. personnel strengths for such fiscal year for House that on the following dates he had ap- S. 2022. An act to provide for the improve- the Armed Forces, and for other purposes. proved and signed bills and a joint resolution ment of interstate criminal justice identi- H.R. 4103. An act making appropriations of the Senate of the following titles: fication, information, communications, and for the Department of Defense for the fiscal On July 16, 1998: forensics. year ending September 30, 1999, and for other S. 731. An act to extend the legislative au- S. 2071. An act to extend a quarterly finan- purposes. thority for construction of the National cial report program administered by the Sec- On October 19, 1998: Peace Garden memorial, and for other pur- retary of Commerce. H.R. 449. An act to provide for the orderly poses. On October 14, 1998: disposal of certain Federal lands in Clark On July 21, 1998: S. 414. An act to amend the Shipping Act of County, Nevada, and to provide for the ac- S. 2316, An act to require the Secretary of 1984 to encourage competition in inter- quisition of environmentally sensitive lands Energy to submit to Congress a plan to en- national shipping and growth of United in the State of Nevada. sure that all amounts accrued on the books States exports, and for other purposes. H.R. 930. An act to require Federal employ- of the United States Enrichment Corpora- On October 19, 1998: ees to use Federal travel charge cards for all tion for the disposition of depleted uranium S. 314. An act to provide a process for iden- payments of expenses of official Government hexaflouride will be used to treat and recycle tifying the functions of the Federal Govern- travel, to amend title 31, United States Code, depleted uranium hexaflouride. ment that are not inherently governmental to establish requirements for prepayment On July 29, 1998: functions, and for other purposes. audits of Federal agency transportation ex- S. 318, An act to require automatic can- S. 2392. An act to encourage the disclosure penses, to authorize reimbursement of Fed- cellation rights with respect to private mort- and exchange of information about computer eral agency employee for taxes incurred on gage insurance which is required as a condi- processing problems, solutions, test prac- travel or transportation reimbursements, tion for entering into a residential mortgage tices and test results, and related matters in and to authorize test programs for the pay- transaction, to abolish the Thrift Depositor connection with the transition to the year ment of Federal employee travel expenses Protection Oversight Board, and for other 2000. and relocation expenses. purposes. f H.R. 1481. An act to amend the Great Lakes On August 12, 1998: Fish and Wildlife Restoration Act of 1990 to S. 2344, An act to amend the Agricultural BILLS AND JOINT RESOLUTION provide for implementation of recommenda- Market Transition Act to provide for the ad- APPROVED BY THE PRESIDENT tions of the United States Fish and Wildlife vance payment, in full, of the fiscal year 1999 AFTER SINE DIE ADJOURNMENT Service contained in the Great Lakes Fish- payments otherwise required under produc- ery Resources Restoration Study. The President notified the Clerk of tion flexibility contracts. H.R. 1836. An act to amend chapter 89 of the House that on the following dates On August 13, 1998: title 5, United States Code, to improve ad- S. 1759, An act grant a Federal charter to he had approved and signed bills and a ministration of sanctions against unfit the American GI Forum of the United joint resolution of the following titles: health care providers under the Federal Em- States. October 22, 1998: ployees Health Benefits Program, and for S. 1800, An act to designate the Federal H.R. 2616. An act to amend title VI and X other purposes. H.R. 3381. An act to direct the Secretary of building and United States courthouse lo- of the Elementary and Secondary Education Agriculture and the Secretary of the Interior cated at 85 Marconi Boulevard in Columbus, Act of 1965 to improve and expand charter to exchange land and other assets with Big Ohio, as the ‘‘Joseph P. Kinneary United schools. Sky Lumber Co. and other entities. States Courthouse’’. October 23, 1998: H.R. 3790. An act to require the Secretary S. 2143, An act to amend chapter 45 of title H.R. 1659. An act to provide for the expedi- of the Treasury to mint coins in commemo- 28, United States Code, to authorize the ad- tious completion of the acquisition of pri- ration of the bicentennial of the Library of ministrative Assistant to the Chief Justice vate mineral interests within the Mount St. Congress. to accept voluntary services, and for other Helens National Volcanic Monument man- H.R. 4248. An act to authorize the use of re- purposes. dated by the 1982 Act that established the ceipts from the sale of the Migratory Bird On August 14, 1998: Monument, and for other purposes. Hunting and Conservation Stamps to pro- S.J. Res. 54, Joint resolution finding the October 26, 1998: mote additional stamp purchases. Government of Iraq in unacceptable and ma- H.R. 2411. An act to provide for a land ex- On October 20, 1998: terial breach of its international obligations. change involving the Cape Cod National Sea- H.J. Res. 137. Joint Resolution making fur- On September 23, 1998: shore and to extend the authority for the ther continuing appropriations for the fiscal S. 1683, An act to transfer administrative Cape Cod Seashore Advisory Commission. year 1999, and for other purposes. jurisdiction over part of the lake Chelan Na- H.R. 2886. An act to provide for a dem- H.R. 3694. An act to authorize appropria- tional Recreation Area from the Secretary of onstration project in the Stanislaus National tions for fiscal year 1999 for intelligence and the Interior to the Secretary of Agriculture Forest, California, under which a private H11710 CONGRESSIONAL RECORD — HOUSE November 12, 1998 contractor will perform multiple resource require the President’s Information Tech- provide rewards for information leading to management activities for that unit of the nology Advisory Committee to monitor and the arrest or conviction of any individual for National Forest System. give advice concerning the development and the commission of an act, or conspiracy to H.R. 3796. An act to authorize the Sec- implementation of the Next Generation tact, of international terrorism, narcotics retary of Agriculture to convey the adminis- Internet program and report to the President related offenses, or for serious violations of trative site for the Rogue River National and the Congress on its activities, and for international humanitarian law relating to Forest and use the proceeds for the construc- other purposes. the Former Yugoslavia. And for other pur- tion or improvement of offices and support H.R. 4558. An act to make technical amend- poses. buildings for the Rogue River National For- ments to clarify the provision of benefits for H.R. 4679. An act to amend the Federal est and the Bureau of Land Management. noncitizens, and to improve the provision of Food, Drug. And Cosmetic Act to clarify the H.R. 4081. An act to extend the deadline unemployment insurance, child support, and circumstances in which a substance is con- under the Federal Power Act applicable to supplemental security income benefits. sidered to be a pesticide chemical for pur- the construction of a hydroelectric project in On October 30, 1998: poses of such Act. And for other purposes. the State of Arkansas. H.R. 700. An act to remove the restriction On October 31, 1998: H.R. 4284. An act to authorize the Govern- on the distribution of certain revenues from H.R. 678. An act to require the Secretary of ment of India to establish a memorial to the Mineral Springs parcel to certain mem- the Treasury to mint coins in commemora- honor Mahatma Gandhi in the District of Co- bers of the Agua Caliente Band of Cahuilla tion of Thomas Alva Edison and the 125th an- lumbia. Indians. niversary of Edison’s invention of the light October 27, 1998: H.R. 1274. An act to authorize appropria- bulb. And for other purposes. H.R. 8. An act to amend the Clean Air Act tions for the National Institute of Standards H.R. 1853. An act to amend the Carl D. Per- to deny entry into the United States of cer- and Technology for fiscal years 1998 and 1999, kins Vocational and Applied Technology tain foreign motor vehicles that do not com- and for other purposes. Education Act. ply with State laws governing motor vehicle H.R. 1756. An act to amend chapter 53 of H.R. 2000. An act to amend the Alaska Na- emissions, and for other purposes. title 31, United States Code, to require the tive Claims Settlement Act to make certain H.R. 624. An act to amend the Armored Car development and implementation by the clarifications to the land bank protection Industry Reciprocity Act of 1993 to clarify Secretary of the Treasury of a national provisions. And for other purposes. certain requirements and to improve the money laundering and related financial H.R. 2327. An act to provide for a change in flow of interstate commerce. crimes strategy to combat money laundering the exemption from the child labor provi- H.R. 1021. An act to provide for a land ex- and related financial crimes, and for other sions of the Fair labor Standards Act of 1938 change involving certain National Forest purposes. for minors who are 17 years of age and who System lands within the Routt National For- H.R. 2675. An act to provide for the Office engage in the operation of automobiles and est in the State of Colorado. of Personnel Management to conduct a study trucks. H.R. 1197. An act to amend title 35, United and submit a report to Congress on the pro- H.R. 3830. An act to provide for the ex- States Code, to protect patent owners vision of certain options for universal life in- change of certain lands within the State of against the unauthorized sale of plant parts surance coverage and additional death and Utah. taken from plants illegally reproduced, and dismemberment insurance under chapter 87 H.R. 3874. An act to amend the National for other purposes. of title 5, United States Code, to improve the School Lunch Act and the Child Nutrition H.R. 2186. An act to authorize the Sec- administration of such chapter, and for other Act of 1966 to provide children with increased retary of the Interior to provide assistance purposes. access to food and nutrition assistance, to to the National Historic Trails Interpretive H.R. 2807. An act to clarify restrictions simplify program operations and improve Center in Casper, Wyoming. under the Migratory Bird Treaty Act on program management, to extend certain au- H.R. 2370. An act to amend the Organic Act baiting and to facilitate acquisition of mi- thorities contained in those Acts through of Guam to clarify local executive and legis- gratory bird habitat, and for other purposes. fiscal year 2003. And for other purposes. lative provisions in such act, and for other H.R. 3055. An act to deem the activities of H.R. 4259. An act to allow Haskell Indian purposes. the Miccosukee Tribe on the Miccosukee Re- Nations University and the Southwestern In- H.R. 2431. An act to express United States served Area to be consistent with the pur- dian Polytechnic Institute each to conduct a foreign policy with respect to, and to poses of the Everglades National Park, and demonstration project to test the feasibility strengthen United States advocacy on behalf for other purposes. and desirability of new personnel manage- of, individuals persecuted in foreign coun- H.R. 3494. An act to amend title 18, United ment policies and procedures. And for other tries on account of religion; to authorize States Code, to protect children from sexual purposes. United States actions in response to viola- abuse and exploitation, and for other pur- H.R. 4655. An act to establish a program to tions of religious freedom in foreign coun- poses. support a transition to democracy in Iraq. tries; to establish an Ambassador at Large H.R. 3528. An act to amend title 28, United On November 3, 1998 for International Religious Freedom within States Code, with respect to the use of alter- H.J. Res. 138. Joint resolution appointing the Department of State, a Commission on native dispute resolution processes in United the day for the convening of the first session International Religious Freedom, and a spe- States district courts. And for other pur- of the One Hundred Sixth Congress. cial Adviser on International Religious Free- poses. On November 6, 1998 dom within the National Security Council; H.R. 3687. An act to authorize prepayment H.R. 3910. An act to authorize the Auto- and for other purposes. of amounts due under a water reclamation mobile National Heritage Area in the State H.R. 2795. An act to extend certain con- project contract for the Canadian River of Michigan. And for other purposes. tracts between the Bureau of Reclamation Project, Texas. f and irrigation water contractors in Wyoming H.R. 3903. An act to provide for an ex- and Nebraska that receive water from change of lands located near Gustavus, Alas- SENATE BILLS AND JOINT RESO- Glendo Reservoir. ka. And for other purposes. LUTIONS APPROVED BY THE H.R. 3069. An act to extend the Advisory H.R. 4151. An act to amend chapter 47 of PRESIDENT AFTER SINE DIE AD- Council on California Indian Policy to allow title 18, United States Code, relating to iden- the Advisory Council to advise Congress on tify fraud. And for other purposes. JOURNMENT the implementation of the proposals and rec- H.R. 4293. An act to establish a cultural The President notified the Clerk of ommendations of the Advisory Council. training program for disadvantaged individ- the House that on the following dates H.R. 4079. An act to authorize the construc- uals to assist the Irish peace process. he had approved and signed bills and H.R. 4309. An act to provide a comprehen- tion of temperature control devices at Fol- joint resolutions of the Senate of the som Dam in California. sive program of support for victims of tor- H.R. 4166. An act to amend the Idaho Ad- ture. following titles: mission Act regarding the sale or lease of H.R. 4326. An act to transfer administra- On October 27, 1998: school land. tive jurisdiction over certain Federal lands S. 53. An act to require the general applica- On October 28, 1998: located within or adjacent to the Rogue tion of the antitrust laws to major league H.R. 1702. An act to encourage the develop- River National Forest and to clarify the au- baseball. And for other purposes. ment of a commercial space industry in the thority of the bureau of Land Management S. 505. An act to amend the provisions of United States, and for other purposes. to sell and exchange other Federal lands in title 17, United States Code, with respect to H.R. 2281. An act to amend title 17, United Oregon. the duration of copyright. And for other pur- States Code, to implement the World Intel- H.R. 4337. An act to authorize the Sec- poses. lectual Property Organization Copyright retary of the Interior to provide financial as- S. 1298. An act to designate a Federal Treaty and Performances and Phonograms sistance to the Sate of Maryland for a pilot building located in Florence, Alabama, as Treaty, and for other purposes. program to develop measures to eradicate or the ‘‘Justice John McKinley Federal Build- H.R. 3332. An act to amend the High-Per- control nutria and restore marshland dam- ing’’. formance Computing Act of 1991 to authorize aged by nutria. S. 1892. An act to provide that a person appropriations for fiscal years 1999 and 2000 H.R. 4660. An act to amend the State De- closely related to a judge of a court exercis- for the Next Generation Internet program, to partment Basic Authorities Act of 1956 to ing judicial power under article III of the November 12, 1998 CONGRESSIONAL RECORD — HOUSE H11711 United States Constitution (other than the tions of certain drainages that are under the S. 2561. An act to amend the Fair Credit Supreme Court) may not be appointed as a jurisdiction of the Bureau of Land Manage- Reporting Act with respect to furnishing and judge of the same court. And for other pur- ment. And to include a portion of Fish Seep using consumer reports for employment purposes. Draw owned by the State of Utah. And for poses. S. 1976. An act to increase public awareness other purposes. of the plight of victims of crime with devel- S. 2193. An act to implement the provisions S.J. Res. 51. Joint resolution granting the opmental disabilities, to collect data to of the Trademark Law Treaty. consent of Congress to the Potomac High- measure the magnitude of the problem. And On October 31, 1998: lands Airport Authority Compact entered to develop strategies to address the safety S. 1021. An act to amend title 5, United into between the States of Maryland and and justice needs of victims of crime with States Code, to provide that consideration West Virginia. developmental disabilities. may not be denied to preference eligibles ap- S.J. Res. 58. Joint resolution recognizing S. 2206. An act to amend the Head Start plying for certain position in the competi- the accomplishments of Inspectors General Act, the Low-Income Home Energy Assist- tive service. And for other purposes. since their creation in 1978 in preventing and ance Acct of 1981. And the Community Serv- S. 1722. An act to amend the Public Health detecting waste, fraud, abuse. And mis- ices Block Grant Act to reauthorize and Service Act to revise and extend certain pro- make improvements to those Acts, to estab- grams with respect to women’s health re- management. And in promoting economy, ef- lish demonstration projects that provide an search and prevention activities at the Na- ficiency. And effectiveness in the Federal opportunity for persons with limited means tional Institutes of Health and the Centers Government. to accumulate assets. And for other pur- for Disease Control and Prevention. On November 3, 1998: poses. S. 2285. An act to establish a commission, S. 538. An act to authorize the Secretary of S. 2235. An act to amend part Q of the Om- in honor of the 150th Anniversary of the Sen- the Interior to convey certain facilities of nibus Crime Control and Safe Streets Act of eca Falls Convention to further protect sites the Minidoka project to the Burley Irriga- 1968 to encourage the use of school resources of importance in the historic efforts to se- tion District. And for other purposes. officers. cure equal rights for women. On October 29, 1998: On November 2, 1998: S. 744. An act to authorize the construction S. 2468. An act to designate the Biscayne S. 2240. An act to establish the Adams Na- of the Fall River Water Users District Rural National Park Visitor Center as the Dante tional Historical Park in the Commonwealth Water System and authorize financial assist- Fascell Visitor Center. of Massachusetts. And for other purposes. ance to the Fall River Water Users District, On October 30, 1998: S. 2246. An act to amend the Act which es- a nonprofit corporation, in the planning and S. 231. An act to establish the National tablished the Frederick Law Olmsted Na- construction of the water supply system. Cave and Karst Research Institute in the tional Historic Site, in the Commonwealth And for other purposes. State of New Mexico. And for other purposes. of Massachusetts, by modifying the bound- S. 890. An act to dispose of certain Federal ary. And for other purposes. S. 1260. An act to amend the Securities Act properties located in Dutch John, Utah, to S. 2413. An act prohibiting the conveyance of 1933 and the Securities Exchange Act of assist the local government in the interim of Woodland Lake Park tract in Apache- 1934 to limit the conduct of securities class delivery of basic services to the Dutch com- Sitgreaves National Forest in the State of actions under State law. And for other pur- munity. And for other purposes. Arizona unless the conveyance is made to poses. S. 1333. An act to amend the Land and the town of Pinetop-Lakeside or is author- S. 2524. An act to codify without sub- Water Conservation Fund Act of 1965 to ized by Act of Congress. stantive change laws related to Patriotic and allow national park units that cannot charge S. 2427. An act to amend the Omnibus National Observances, Ceremonies. And Or- an entrance of admission fee to retain other Parks and Public Lands Management Act of ganizations and to improve the United fees and charges. 1996 to extend the legislative authority for States Code. S. 2094. An act to amend the Fish and Wild- the Black Patriots Foundation to establish a On November 6, 1998: life Improvement Act of 1978 to enable the commemorative work. Secretary of the Interior to more effectively S. 2505. An act to direct the Secretary of S. 2232. An act to establish the Little Rock use the proceeds of sales of certain items. the Interior to convey title to the Tunnison Central High School National Historic Site S. 2106. An act to expand the boundaries of Lab Hagerman Field Station in Gooding in the State of Arkansas. And for other pur- Arches National Park, Utah, to include por- County, Idaho, to the University of Idaho. poses. h EXPENDITURE REPORTS CONCERNING OFFICIAL FOREIGN TRAVEL Reports and amended reports concerning the foreign currencies and U.S. dollars utilized for official foreign travel during the second and third quarters of 1998 by Committees of the House of Representatives, as well as a consolidated report of foreign currencies and U.S. dollars utilized for Speaker-authorized official travel during third quarter of 1998, pursuant to Public Law 95–384, are as follows: REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON EDUCATION AND THE WORKFORCE, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JUNE 1 AND JULY 31, 1998

Date Per diem 1 Transportation Other purposes Total

Name of Member or employee Country U.S. dollar U.S. dollar U.S. dollar U.S. dollar Arrival Departure Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Hon. William L. Clay ...... 6/30 7/3 France ...... 1,448.46 ...... (3) ...... 1,448,46 7/3 7/9 Italy ...... 2,778.87 ...... (3) ...... 2,778.87 7/9 7/11 Portugal ...... 414.18 ...... (3) ...... 414.18 Committee total ...... 4,641.51 ...... 4,641.51 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. BILL GOODLING, Chairman, Oct. 9, 1998.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON APPROPRIATIONS, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JULY 1 AND SEPT. 30, 1998

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Hon. Jerry Lewis ...... 6/30 7/3 France ...... 1,448.46 ...... (3) ...... 1,448.46 7/3 7/9 Italy ...... 2,778.87 ...... (3) ...... 2,778.87 7/9 7/11 Portugal ...... 414.18 ...... (3) ...... 414.18 Frank Cushing ...... 6/30 7/3 France ...... 1,448.46 ...... (3) ...... 1,448.46 7/3 7/9 Italy ...... 2,778.87 ...... (3) ...... 2,778.87 7/9 7/11 Portugal ...... 414.18 ...... (3) ...... 414.18 James Dyer ...... 6/30 7/3 France ...... 1,448.46 ...... (3) ...... 1,448.46 7/3 7/9 Italy ...... 2,778.87 ...... (3) ...... 2,778.87 7/9 7/11 Portugal ...... 414.18 ...... (3) ...... 414.18 Hon. Louis Stokes ...... 6/30 7/3 France ...... 1,448.46 ...... (3) ...... 1,448.46 H11712 CONGRESSIONAL RECORD — HOUSE November 12, 1998 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON APPROPRIATIONS, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JULY 1 AND SEPT. 30, 1998— Continued

7/3 7/9 Italy ...... 2,778.87 ...... (3) ...... 2,778.87 7/9 7/11 Portugal ...... 414.18 ...... (3) ...... 414.18 Hon. Alan B. Mollohan ...... 6/30 7/3 France ...... 1,448.46 ...... (3) ...... 1,448.46 7/3 7/9 Italy ...... 2,778.87 ...... (3) ...... 2,778.87 7/9 7/11 Portugal ...... 414.18 ...... (3) ...... 414.18 Elizabeth C. Dawson ...... 6/30 7/3 France ...... 1,448.46 ...... (3) ...... 1,448.46 7/3 7/9 Italy ...... 2,778.87 ...... (3) ...... 2,778.87 7/9 7/11 Portugal ...... 414.18 ...... (3) ...... 414.18 Hon. Frank R. Wolf ...... 7/5 7/8 Algeria ...... 7/8 7/10 Egypt ...... 233.45 ...... 233.45 Commercial airfare ...... 4,776.33 ...... 4,776.33 Douglas Gregory ...... 7/7 7/8 France ...... 231.00 ...... (3) ...... 231.00 7/8 7/9 Italy ...... 258.00 ...... (3) ...... 258.00 7/9 7/9 Albania ...... 7/9 7/11 Montenegro ...... 278.00 ...... (3) ...... 278.00 Hon. C.W. Bill Young ...... 7/7 7/8 France ...... 231.00 ...... (3) ...... 231.00 7/8 7/9 Italy ...... 258.00 ...... (3) ...... 258.00 7/9 7/9 Albania ...... 7/9 7/11 Montenegro ...... 278.00 ...... (3) ...... 278.00 Gregory Walters ...... 7/7 7/8 France ...... 231.00 ...... (3) ...... 231.00 7/8 7/9 Italy ...... 258.00 ...... (3) ...... 258.00 7/9 7/9 Albania ...... 7/9 7/11 Montenegro ...... 278.00 ...... (3) ...... 278.00 Hon. W.G. Bill Hefner ...... 7/7 7/8 France ...... 231.00 ...... (3) ...... 231.00 7/8 7/9 Italy ...... 258.00 ...... (3) ...... 258.00 7/9 7/9 Albania ...... 7/9 7/11 Montenegro ...... 278.00 ...... (3) ...... 278.00 Hon. Harold Rogers ...... 8/8 8/10 Morocco ...... 657.48 ...... (3) ...... 657.48 8/10 8/13 Switzerland ...... 966.00 ...... (3) ...... 966.00 8/13 8/16 Italy ...... 866.64 ...... (3) ...... 866.64 8/16 8/17 Germany ...... 229.00 ...... (3) ...... 229.00 8/17 8/19 Portugal ...... 556.00 ...... (3) ...... 556.00 Hon. Tom Latham ...... 8/8 8/10 Morocco ...... 657.48 ...... (3) ...... 657.48 8/10 8/13 Switzerland ...... 966.00 ...... (3) ...... 966.00 8/13 8/16 Italy ...... 954.00 ...... (3) ...... 954.00 8/16 8/17 Germany ...... 229.00 ...... (3) ...... 229.00 8/17 8/19 Portugal ...... 556.00 ...... (3) ...... 556.00 Jim Kulikowski ...... 8/8 8/10 Morocco ...... 657.48 ...... (3) ...... 657.48 8/10 8/12 Switzerland ...... 644.00 ...... (3) ...... 644.00 Commercial airfare ...... 842.64 ...... 842.64 8/16 8/17 Germany ...... 229.00 ...... (3) ...... 229.00 8/17 8/19 Portugal ...... 556.00 ...... (3) ...... 556.00 Jennifer Miller ...... 8/8 8/10 Morocco ...... 657.48 ...... (3) ...... 657.48 8/10 8/13 Switzerland ...... 966.00 ...... (3) ...... 966.00 8/13 8/16 Italy ...... 866.64 ...... (3) ...... 866.64 8/16 8/17 Germany ...... 229.00 ...... (3) ...... 229.00 8/17 8/19 Portugal ...... 556.00 ...... (3) ...... 556.00

Mike Ringler ...... 8/8 8/10 Morocco ...... 657.48 ...... (3) ...... 657.48 8/10 8/13 Switzerland ...... 966.00 ...... (3) ...... 966.00 8/13 8/16 Italy ...... 866.64 ...... (3) ...... 866.64 8/16 8/17 Germany ...... 229.00 ...... (3) ...... 229.00 8/17 8/19 Portugal ...... 556.00 ...... (3) ...... 556.00

Scott Lilly ...... 8/17 8/18 Saudi Arabia ...... 123.00 ...... (3) ...... 123.00 8/18 8/19 Bahrain ...... 123.00 ...... (3) ...... 123.00 8/19 8/20 Kuwait ...... 123.00 ...... (3) ...... 123.00 8/20 8/21 Germany ...... 123.00 ...... (3) ...... 123.00

Hon. John P. Murtha ...... 8/17 8/18 Saudi Arabia ...... 123.00 ...... (3) ...... 123.00 8/18 8/19 Bahrain ...... 123.00 ...... (3) ...... 123.00 8/19 8/20 Kuwait ...... 123.00 ...... (3) ...... 123.00 8/20 8/21 Germany ...... 123.00 ...... (3) ...... 123.00

Gregory R. Dahlberg ...... 8/17 8/18 Saudi Arabia ...... 123.00 ...... (3) ...... 123.00 8/18 8/19 Bahrain ...... 123.00 ...... (3) ...... 123.00 8/19 8/20 Kuwait ...... 123.00 ...... (3) ...... 123.00 8/20 8/21 Germany ...... 123.00 ...... (3) ...... 123.00

John T. Blazey II ...... 8/12 8/12 United States ...... 42.00 ...... 12.00 ...... 54.00 8/13 8/13 England ...... 230.00 ...... 230.00 8/13 8/16 France ...... 930.00 ...... 930.00 8/16 8/18 Sweden ...... 542.00 ...... 542.00 8/19 8/20 Belgium ...... 540.00 ...... 540.00 Commercial airfare ...... 4,790.40 ...... 4,790.40

Cheryl Smith ...... 8/12 8/12 United States ...... 42.00 ...... 13.00 ...... 55.00 8/13 8/13 England ...... 8/13 8/16 France ...... 930.00 ...... 226.00 ...... 1,156.00 8/16 8/18 Sweden ...... 542.00 ...... 542.00 8/18 8/20 Belgium ...... 540.00 ...... 540.00 8/20 ...... United States ...... 58.00 ...... 58.00 Commercial airfare ...... 4,790.40 ...... 4,790.40

Hon. Dan Miller ...... 8/9 8/12 Jordan ...... 829.00 ...... (3) ...... 829.00 8/13 8/14 Turkey ...... 452.00 ...... (3) ...... 452.00 8/15 8/16 Kyrgyzstan ...... 558.00 ...... (3) ...... 558.00 8/17 8/18 Mongolia ...... 354.00 ...... (3) ...... 354.00 8/19 8/20 China ...... 552.00 ...... (3) ...... 552.00 8/21 8/23 Korea ...... 524.00 ...... (3) ...... 524.00

Hon. Robert E. ‘‘Bud’’ Cramer ...... 8/9 8/11 Ukraine ...... 642.00 ...... (3) ...... 642.00 8/11 8/13 Sweden ...... 542.00 ...... (3) ...... 542.00 8/13 8/13 Norway ...... 8/13 8/15 Denmark ...... 549.00 ...... (3) ...... 549.00 8/15 8/18 Scotland, United Kingdom ...... 867.00 ...... (3) ...... 867.00 Hon. Esteban Torres ...... 8/9 8/12 Jordan ...... 829.00 ...... (3) ...... 829.00 November 12, 1998 CONGRESSIONAL RECORD — HOUSE H11713 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON APPROPRIATIONS, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JULY 1 AND SEPT. 30, 1998— Continued

8/13 8/14 Turkey ...... 452.00 ...... (3) ...... 452.00 8/15 8/16 Kyrgyzstan ...... 558.00 ...... (3) ...... 558.00 8/17 8/18 Mongolia ...... 354.00 ...... (3) ...... 354.00 8/19 8/20 China ...... 552.00 ...... (3) ...... 552.00 8/21 8/23 Korea ...... 524.00 ...... (3) ...... 524.00 Juliet Pacquing ...... 8/20 8/25 Turkey ...... 1,235.00 ...... 1,235.00 8/25 8/27 Russia ...... 676.00 ...... 676.00 8/27 8/30 Czech Republic ...... 564.00 ...... 564.00 Commercial airfare ...... 5,666.00 ...... 5,666.00 Elizabeth Morra ...... 8/19 8/21 Turkey ...... 571.40 ...... 571.40 8/21 8/24 Italy ...... 857.10 ...... 857.10 8/24 8/24 Bosnia ...... 8/24 8/26 Croatia ...... 571.40 ...... 571.40 Commercial airfare ...... 4,921.45 ...... 4,921.45 James W. Dyer ...... 8/23 8/24 Bosnia ...... 301.00 ...... 301.00 8/24 8/26 Croatia ...... 571.40 ...... 571.40 Commercial airfare ...... 4,548.01 ...... 4,548.01 Frank M. Cushing ...... 8/19 8/21 Turkey ...... 571.40 ...... 571.40 8/21 8/24 Italy ...... 857.10 ...... 857.10 8/24 8/24 Bosnia ...... 8/24 8/26 Croatia ...... 571.40 ...... 571.40 ...... 50.00 ...... 50.00 Commercial airfare ...... 4,921.45 ...... 4,921.45 Elizabeth C. Dawson ...... 8/19 8/21 Turkey ...... 571.40 ...... 571.40 8/21 8/24 Italy ...... 857.10 ...... 857.10 8/24 8/24 Bosnia ...... 8/24 8/26 Croatia ...... 571.40 ...... 571.40 ...... 50.00 ...... 50.00 Commercial airfare ...... 4,921.45 ...... 4,921.45

Total ...... 69,885.95 ...... 40,805.13 ...... 12.00 ...... 110,703.08

Committee on Appropriations, Surveys and Inves- tigations Staff: T.E. Booth ...... 9/20 9/26 Japan ...... 1,201.50 ...... 6,065.25 ...... 38.70 ...... 7,305.45 B.F. Dunn ...... 7/12 7/17 England ...... 1,236.25 ...... 5,813.32 ...... 82.00 ...... 7,131.57 N.H. Gardner ...... 8/9 8/14 Germany ...... 802.50 ...... 5,500.43 ...... 19.00 ...... 6,321.93 9/13 9/15 The Netherlands ...... 352.50 ...... 10,246.99 ...... 6.00 ...... 10,605.49 M.O. Glynn ...... 9/20 9/26 Japan ...... 1,252.00 ...... 5,906.25 ...... 77.70 ...... 7,235.95 C.L. Hauver ...... 7/12 7/17 England ...... 1,236.25 ...... 5,813.32 ...... 62.15 ...... 7,111.72 W.C. Hersman ...... 9/20 9/26 Japan ...... 1,201.50 ...... 5,894.25 ...... 68.70 ...... 7,164.45 D.K. Lutz ...... 9/19 9/26 Korea ...... 1,345.00 ...... 4,372.14 ...... 98.66 ...... 5,815.80 R.J. Reitwiesner ...... 7/12 7/17 England ...... 1,178.75 ...... 6,099.33 ...... 68.33 ...... 7,346.41 8/9 8/14 Germany ...... 802.50 ...... 5,500.43 ...... 79.86 ...... 6,382.79 F.R. Stevens ...... 9/19 9/26 Korea ...... 1,200.00 ...... 4,524.25 ...... 87.50 ...... 5,811.75 R.W. Vandergrift, Jr...... 8/9 8/14 Germany ...... 843.00 ...... 5,500.43 ...... 223.92 ...... 6,567.35 9/13 9/15 The Netherlands ...... 404.00 ...... 10,143.46 ...... 191.66 ...... 10,739.12 T.P. Wyman ...... 8/9 8/14 Germany ...... 802.50 ...... 5,500.43 ...... 18.00 ...... 6,320.93 9/13 9/15 The Netherlands ...... 352.50 ...... 10,246.99 ...... 16.00 ...... 10,615.49

Committee total ...... 14,210.75 ...... 97,127.27 ...... 1,138.18 ...... 112,476.20 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. BOB LIVINGSTON, Chairman, Oct. 30, 1998.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON AGRICULTURE, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JULY 1 AND SEPT. 31, 1998

Hon. Robert F. Smith ...... 8/21 8/26 Egypt ...... 1,254.00 ...... (3) ...... 120.00 ...... 1,374.00 8/26 8/31 Spain ...... 1,467.00 ...... (3) ...... 120.00 ...... 1,587.00 ...... Italy 4 ...... 424.89 ...... 424.89 Hon. Tom Ewing ...... 8/21 8/26 Egypt ...... 1,254.00 ...... (3) ...... 120.00 ...... 1,374.00 8/26 8/31 Spain ...... 1,467.00 ...... (3) ...... 120.00 ...... 1,587.00 ...... Italy 4 ...... 424.89 ...... 424.89 Hon. Bill Barrett ...... 8/21 8/26 Egypt ...... 1,254.00 ...... (3) ...... 120.00 ...... 1,374.00 8/26 8/31 Spain ...... 1,467.00 ...... (3) ...... 120.00 ...... 1,587.00 ...... Italy 4 ...... 424.89 ...... 424.89 Hon. Collin Peterson ...... 8/21 8/26 Egypt ...... 1,254.00 ...... (3) ...... 120.00 ...... 1,374.00 8/26 8/31 Spain ...... 1,467.00 ...... (3) ...... 120.00 ...... 1,587.00 ...... Italy 4 ...... 424.89 ...... 424.89 Paul Unger ...... 8/21 8/26 Egypt ...... 1,254.00 ...... (3) ...... 120.00 ...... 1,374.00 8/26 8/31 Spain ...... 1,467.00 ...... (3) ...... 120.00 ...... 1,587.00 ...... Italy 4 ...... 424.89 ...... 424.89 Lynn Gallagher ...... 8/21 8/26 Egypt ...... 1,254.00 ...... (3) ...... 120.00 ...... 1,374.00 8/26 8/31 Spain ...... 1,467.00 ...... (3) ...... 120.00 ...... 1,587.00 ...... Italy 4 ...... 424.89 ...... 424.89 Jason Vaillancourt ...... 8/21 8/26 Egypt ...... 1,254.00 ...... (3) ...... 120.00 ...... 1,374.00 8/26 8/31 Spain ...... 1,467.00 ...... (3) ...... 120.00 ...... 1,587.00 ...... Italy 4 ...... 424.89 ...... 424.89 Brian MacDonald ...... 8/21 8/26 Egypt ...... 1,254.00 ...... (3) ...... 120.00 ...... 1,374.00 8/26 8/31 Spain ...... 1,467.00 ...... (3) ...... 120.00 ...... 1,587.00 ...... Italy 4 ...... 424.89 ...... 424.89 Andy Baker ...... 8/21 8/26 Egypt ...... 1,254.00 ...... (3) ...... 120.00 ...... 1,374.00 8/26 8/31 Spain ...... 1,467.00 ...... (3) ...... 120.00 ...... 1,587.00 ...... Italy 4 ...... 424.89 ...... 424.89 Committee total ...... 24,489.00 ...... 5,984.01 ...... 30,473.01 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. 4 Cancelled. BOB SMITH, Chairman, Oct. 15, 1998. H11714 CONGRESSIONAL RECORD — HOUSE November 12, 1998 AMENDED REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON AGRICULTURE, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JULY 1 AND SEPT. 30, 1998

Paul Unger ...... 6/29 7/4 France ...... 278.97 ...... 532.14 ...... 811.11 Committee total ...... 278.97 ...... 532.14 ...... 811.11 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. BOB SMITH, Chairman, Oct. 15, 1998.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON THE BUDGET, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JULY 1 AND SEPT. 30, 1998

FOR HOUSE COMMITTEES Please Note: If there were no expenditures during the calendar quarter noted above, please check the box at right to so indicate and return. ◊ 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. JOHN R. KASICH, Chairman, Oct. 1998.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON COMMERCE, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JULY 1 AND SEPT. 30, 1998

Hon. Michael Bilirakis ...... 8/28 8/31 Spain ...... 765.00 ...... (3) ...... 765.00 Hon. Paul Gillmor ...... 8/9 8/12 Jordan ...... 829.00 ...... (3) ...... 829.00 8/13 8/14 Turkey ...... 452.00 ...... (3) ...... 452.00 8/15 8/16 Kyrgystan ...... 558.00 ...... (3) ...... 558.00 8/17 8/18 Mongolia ...... 354.00 ...... (3) ...... 354.00 8/19 8/20 China ...... 552.00 ...... (3) ...... 552.00 8/21 8/23 Korea ...... 524.00 ...... (3) ...... 524.00 Hon. Tom Coburn ...... 7/9 7/10 Germany ...... 228.00 ...... 3,768.18 ...... 3,996.18 7/10 7/12 Hungary ...... 494.00 ...... 494.00 Chris Knauer ...... 6/28 7/1 Ireland ...... 612.00 ...... 2,338.89 ...... 2,950.89 7/1 7/3 United Kingdom ...... 630.00 ...... 630.00 7/3 7/7 Switzerland ...... 940.00 ...... 940.00 7/7 7/9 Italy ...... 416.00 ...... 416.00 Alan Slobodin ...... 6/28 7/1 Ireland ...... 612.00 ...... 2,338.89 ...... 2,950.00 7/1 7/3 United Kingdom ...... 630.00 ...... 630.00 7/3 7/7 Switzerland ...... 940.00 ...... 940.00 7/7 7/9 Italy ...... 416.00 ...... 416.00 Hon. Cliff Stearns ...... 8/9 8/11 Ukraine ...... 642.00 ...... (3) ...... 642.00 8/11 8/13 Sweden ...... 542.00 ...... (3) ...... 542.00 8/13 8/13 Norway ...... (3) ...... 8/13 8/15 Denmark ...... 549.00 ...... (3) ...... 549.00 8/15 8/18 Scotland ...... 867.00 ...... (3) ...... 867.00 Committee total ...... 12,552.00 ...... 8,445.96 ...... 20,997.96 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. TOM BLILEY, Chairman, Oct. 30, 1998.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON EDUCATION AND THE WORKFORCE, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JULY 1 AND SEPT. 30, 1998

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON GOVERNMENT REFORM AND OVERSIGHT, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JULY 1 AND SEPT. 30, 1998

Hon. John Mica ...... 8/9 8/12 Jordan ...... 829.00 ...... (3) ...... 829.00 8/13 8/14 Turkey ...... 452.00 ...... (3) ...... 452.00 8/15 8/16 Kyrgyzstan ...... 558.00 ...... (3) ...... 558.00 8/17 8/18 Mongolia ...... 354.00 ...... (3) ...... 354.00 8/19 8/20 China ...... 552.00 ...... (3) ...... 552.00 8/21 8/23 Korea ...... 524.00 ...... (3) ...... 524.00 Committee total ...... 3,269.00 ...... 3,269.00 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. DAN BURTON, Chairman, Oct. 19, 1998. November 12, 1998 CONGRESSIONAL RECORD — HOUSE H11715 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON RESOURCES, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JULY 1 AND SEPT. 30, 1998

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON SCIENCE, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JULY 1 AND SEPT. 30, 1998

Mike Quear ...... 7/5 7/12 Slovakia ...... 1,600.00 ...... 1,118.00 ...... 2,718.00 Hon. F. James Sensenbrenner ...... 8/10 8/14 Japan ...... 1,064.00 ...... 5,220.00 ...... 6,284.00 Todd Shultz ...... 8/10 8/14 Japan ...... 1,064.00 ...... 5,446.00 ...... 6,510.00

Committee total ...... 3,728.00 ...... 11,784.00 ...... 15,512.00

1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. F. JAMES SENSENBRENNER, Jr., Chairman, Oct. 15, 1998.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON SMALL BUSINESS, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JULY 1 AND SEPT. 30, 1998

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON STANDARDS OF OFFICIAL CONDUCT, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JULY 1 AND SEPT. 3, 1998

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JULY 1 AND SEPT. 30, 1998

Hon. Bud Shuster ...... 8/9 8/11 Ukraine ...... 642.00 ...... (3) ...... 642.00 8/11 8/13 Sweden ...... 542.00 ...... (3) ...... 542.00 8/13 8/13 Norway ...... (3) ...... 8/13 8/15 Denmark ...... 549.00 ...... (3) ...... 549.00 8/15 8/18 Scotland/United Kingdom ...... 867.00 ...... (3) ...... 867.00 Hon. Bob Borski ...... 8/9 8/11 Ukraine ...... 642.00 ...... (3) ...... 642.00 8/11 8/13 Sweden ...... 542.00 ...... (3) ...... 542.00 8/13 8/13 Norway ...... (3) ...... 8/13 8/15 Denmark ...... 549.00 ...... (3) ...... 549.00 8/15 8/18 Scotland/United Kingdom ...... 867.00 ...... (3) ...... 867.00 Hon. Bob Clement ...... 8/9 8/11 Ukraine ...... 642.00 ...... (3) ...... 642.00 8/11 8/13 Sweden ...... 542.00 ...... (3) ...... 542.00 8/13 8/13 Norway ...... (3) ...... 8/13 8/15 Denmark ...... 549.00 ...... (3) ...... 549.00 8/15 8/18 Scotland/United Kingdom ...... 867.00 ...... (3) ...... 867.00 Hon. Corrine Brown ...... 8/9 8/11 Ukraine ...... 642.00 ...... (3) ...... 642.00 8/11 8/13 Sweden ...... 542.00 ...... (3) ...... 542.00 8/13 8/13 Norway ...... (3) ...... 8/13 8/15 Denmark ...... 549.00 ...... (3) ...... 549.00 8/15 8/18 Scotland/United Kingdom ...... 867.00 ...... (3) ...... 867.00 Hon. John Duncan ...... 8/9 8/11 Ukraine ...... 642.00 ...... (3) ...... 642.00 8/11 8/13 Sweden ...... 542.00 ...... (3) ...... 542.00 8/13 8/13 Norway ...... (3) ...... 8/13 8/15 Denmark ...... 549.00 ...... (3) ...... 549.00 8/15 8/15 Netherlands ...... 576.11 ...... 576.11 8/15 8/18 Scotland/United Kingdom ...... 867.00 ...... (3) ...... 867.00 Hon. Bob Filner ...... 8/9 8/11 Ukraine ...... 642.00 ...... (3) ...... 642.00 8/11 8/13 Sweden ...... 542.00 ...... (3) ...... 542.00 8/13 8/13 Norway ...... (3) ...... H11716 CONGRESSIONAL RECORD — HOUSE November 12, 1998 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JULY 1 AND SEPT. 30, 1998—Continued

8/13 8/15 Denmark ...... 549.00 ...... (3) ...... 549.00 8/15 8/18 Scotland/United Kingdom ...... 867.00 ...... (3) ...... 867.00 Hon. E.B. Johnson ...... 8/9 8/11 Ukraine ...... 642.00 ...... (3) ...... 642.00 8/11 8/13 Sweden ...... 542.00 ...... (3) ...... 542.00 8/13 8/13 Norway ...... (3) ...... 8/13 8/15 Denmark ...... 549.00 ...... (3) ...... 549.00 8/15 8/18 Scotland/United Kingdom ...... 867.00 ...... (3) ...... 867.00 Jack Schenendorf ...... 8/9 8/11 Ukraine ...... 642.00 ...... (3) ...... 642.00 8/11 8/13 Sweden ...... 542.00 ...... (3) ...... 542.00 8/13 8/13 Norway ...... (3) ...... 8/13 8/15 Denmark ...... 549.00 ...... (3) ...... 549.00 8/15 8/18 Scotland/United Kingdom ...... 867.00 ...... (3) ...... 867.00 Jimmy Miller ...... 8/9 8/11 Ukraine ...... 642.00 ...... (3) ...... 642.00 8/11 8/13 Sweden ...... 542.00 ...... (3) ...... 542.00 8/13 8/13 Norway ...... (3) ...... 8/13 8/15 Denmark ...... 549.00 ...... (3) ...... 549.00 8/15 8/18 Scotland/United Kingdom ...... 867.00 ...... (3) ...... 867.00 Darrell Wilson ...... 8/9 8/11 Ukraine ...... 642.00 ...... (3) ...... 642.00 8/11 8/13 Sweden ...... 542.00 ...... (3) ...... 542.00 8/13 8/13 Norway ...... (3) ...... 8/13 8/15 Denmark ...... 549.00 ...... (3) ...... 549.00 8/15 8/18 Scotland/United Kingdom ...... 867.00 ...... (3) ...... 867.00 Kathy Guilfoy ...... 8/9 8/11 Ukraine ...... 642.00 ...... (3) ...... 642.00 8/11 8/13 Sweden ...... 542.00 ...... (3) ...... 542.00 8/13 8/13 Norway ...... (3) ...... 8/13 8/15 Denmark ...... 549.00 ...... (3) ...... 549.00 8/15 8/18 Scotland/United Kingdom ...... 867.00 ...... (3) ...... 867.00 Kenneth House ...... 8/9 8/11 Ukraine ...... 642.00 ...... (3) ...... 642.00 8/11 8/13 Sweden ...... 542.00 ...... (3) ...... 542.00 8/13 8/13 Norway ...... (3) ...... 8/13 8/15 Denmark ...... 549.00 ...... (3) ...... 549.00 8/15 8/18 Scotland/United Kingdom ...... 867.00 ...... (3) ...... 867.00 Trinita Brown ...... 8/9 8/11 Ukraine ...... 642.00 ...... (3) ...... 642.00 8/11 8/13 Sweden ...... 542.00 ...... (3) ...... 542.00 8/13 8/13 Norway ...... (3) ...... 8/13 8/15 Denmark ...... 549.00 ...... (3) ...... 549.00 8/15 8/18 Scotland/United Kingdom ...... 867.00 ...... (3) ...... 867.00 Rosalyn Millman ...... 8/9 8/11 Ukraine ...... 642.00 ...... (3) ...... 642.00 8/11 8/13 Sweden ...... 542.00 ...... (3) ...... 542.00 8/13 8/13 Norway ...... (3) ...... 8/13 8/15 Denmark ...... 549.00 ...... (3) ...... 549.00 8/15 8/18 Scotland/United Kingdom ...... 867.00 ...... (3) ...... 867.00 Adam Tsao ...... 8/9 8/11 Ukraine ...... 642.00 ...... (3) ...... 642.00 8/11 8/13 Sweden ...... 542.00 ...... (3) ...... 542.00 8/13 8/13 Norway ...... (3) ...... 8/13 8/15 Denmark ...... 549.00 ...... (3) ...... 549.00 8/15 8/18 Scotland/United Kingdom ...... 867.00 ...... (3) ...... 867.00 Committee total ...... 39,000.00 ...... 576.11 ...... 39,576.11 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation round trip except for travel to and from the Netherlands. BUD SHUSTER, Chairman, Oct. 29, 1998.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON WAYS AND MEANS, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JULY 1 AND SEPT. 30, 1998

Hon. Mac Collins (Rogers CODEL) ...... 8/8 8/10 Morocco ...... 657.48 ...... (3) ...... 657.48 8/11 8/13 Switzerland ...... 966.00 ...... (3) ...... 966.00 8/14 8/16 Italy ...... 866.64 ...... (3) ...... 866.64 8/17 8/17 Germany ...... 229.00 ...... (3) ...... 229.00 8/18 8/19 Portugal ...... 556.00 ...... (3) ...... 556.00

Hon. E. Clay Shaw, Jr. (Shuster CODEL) ...... 8/9 8/11 Ukraine ...... 642.00 ...... (3) ...... 642.00 8/11 8/13 Sweden ...... 542.00 ...... (3) ...... 542.00 8/13 8/13 Norway ...... (3) ...... 8/13 8/15 Denmark ...... 549.00 ...... (3) ...... 549.00 8/15 8/18 Scotland/United Kingdom ...... 867.00 ...... (3) ...... 867.00 Committee total ...... 5,875.12 ...... 5,875.12 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. BILL ARCHER, Chairman, Oct. 30, 1998.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, HOUSE DELEGATION TO IRELAND, EXPENDED BETWEEN AUG. 7 AND AUG. 15, 1998

Hon. Newt Gingrich ...... 8/7 8/15 Ireland ...... 321.09 457.00 ...... 321.09 457.00 Hon. John Dingell ...... 8/7 8/15 Ireland ...... 321.09 457.00 ...... 321.09 457.00 Hon. Jerry Lewis ...... 8/7 8/15 Ireland ...... 321.09 457.00 ...... 321.09 457.00 Hon. Jim Walsh ...... 8/7 8/15 Ireland ...... 321.09 457.00 ...... 321.09 457.00 Hon. Anna Eshoo ...... 8/7 8/15 Ireland ...... 321.09 457.00 ...... 321.09 457.00 Hon. Ken Bentsen ...... 8/7 8/15 Ireland ...... 321.09 457.00 ...... 321.09 457.00 Hon. Ray LaHood ...... 8/7 8/15 Ireland ...... 321.09 457.00 ...... 321.09 457.00 Hon. Bill Livingood ...... 8/7 8/15 Ireland ...... 321.09 457.00 ...... 321.09 457.00 Hon. Charles Johnson ...... 8/7 8/15 Ireland ...... 321.09 457.00 ...... 321.09 457.00 Adm. John Eisold ...... 8/7 8/15 Ireland ...... 321.09 457.00 ...... 321.09 457.00 November 12, 1998 CONGRESSIONAL RECORD — HOUSE H11717 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, HOUSE DELEGATION TO IRELAND, EXPENDED BETWEEN AUG. 7 AND AUG. 15, 1998—Continued

Gardner Peckham ...... 8/7 8/15 Ireland ...... 321.09 457.00 ...... 321.09 457.00 Christina Martin ...... 8/7 8/15 Ireland ...... 321.09 457.00 ...... 321.09 457.00 Rachel Robinson ...... 8/7 8/15 Ireland ...... 321.09 457.00 ...... 321.09 457.00 Heather Hopkins ...... 8/7 8/15 Ireland ...... 321.09 457.00 ...... 321.09 457.00 Dwight Comedy ...... 8/7 8/15 Ireland ...... 321.09 457.00 ...... 321.09 457.00 David Schooler ...... 8/7 8/15 Ireland ...... 321.09 457.00 ...... 321.09 457.00 Hon. Newt Gingrich ...... 8/11 8/12 Northern Ireland ...... 81.00 ...... 81.00 Hon. John Dingell ...... 8/11 8/12 Northern Ireland ...... 81.00 ...... 81.00 Hon. Jerry Lewis ...... 8/11 8/12 Northern Ireland ...... 81.00 ...... 81.00 Hon. Jim Walsh ...... 8/11 8/12 Northern Ireland ...... 81.00 ...... 81.00 Hon. Anna Eshoo ...... 8/11 8/12 Northern Ireland ...... 81.00 ...... 81.00 Hon. Ken Bentsen ...... 8/11 8/12 Northern Ireland ...... 81.00 ...... 81.00 Hon. Ray LaHood ...... 8/11 8/12 Northern Ireland ...... 81.00 ...... 81.00 Hon. Bill Livingood ...... 8/11 8/12 Northern Ireland ...... 81.00 ...... 81.00 Hon. Charles Johnson ...... 8/11 8/12 Northern Ireland ...... 81.00 ...... 81.00 Adm. John Eisold ...... 8/11 8/12 Northern Ireland ...... 81.00 ...... 81.00 Gardner Peckham ...... 8/11 8/12 Northern Ireland ...... 81.00 ...... 81.00 Christina Martin ...... 8/11 8/12 Northern Ireland ...... 81.00 ...... 81.00 Rachel Robinson ...... 8/11 8/12 Northern Ireland ...... 81.00 ...... 81.00 Heather Hopkins ...... 8/11 8/12 Northern Ireland ...... 81.00 ...... 81.00 Dwight Comedy ...... 8/11 8/12 Northern Ireland ...... 81.00 ...... 81.00 David Schooler ...... 8/11 8/12 Northern Ireland ...... 81.00 ...... 81.00 Committee total ...... 8,608.00 ...... 8,608.00 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. NEWT GINGRICH, Sept. 28, 1998.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, HOUSE DELEGATION TO JORDAN, TURKEY, CHINA, MONGOLIA, AND KOREA, EXPENDED BETWEEN AUG. 9 AND AUG. 23, 1998

Hon. Gerald B.H. Solomon ...... 8/9 8/12 Jordan ...... 829.00 ...... (3) ...... 829.00 8/13 8/14 Turkey ...... 452.00 ...... (3) ...... 452.00 8/15 8/16 Kyrgyzstan ...... 558.00 ...... (3) ...... 558.00 8/17 8/18 Mongolia ...... 354.00 ...... (3) ...... 354.00 8/19 8/20 China ...... 552.00 ...... (3) ...... 552.00 8/21 8/23 Korea ...... 524.00 ...... (3) ...... 524.00 Bryan H. Roth ...... 8/9 8/12 Jordan ...... 829.00 ...... (3) ...... 829.00 8/13 8/14 Turkey ...... 452.00 ...... (3) ...... 452.00 8/15 8/16 Kyrgyzstan ...... 558.00 ...... (3) ...... 558.00 8/17 8/18 Mongolia ...... 354.00 ...... (3) ...... 354.00 8/19 8/20 China ...... 552.00 ...... (3) ...... 552.00 8/21 8/23 Korea ...... 524.00 ...... (3) ...... 524.00 Edward Timperlake ...... 8/9 8/12 Jordan ...... 829.00 ...... (3) ...... 829.00 8/13 8/14 Turkey ...... 452.00 ...... (3) ...... 452.00 8/15 8/16 Kyrgyzstan ...... 558.00 ...... (3) ...... 558.00 8/17 8/18 Mongolia ...... 354.00 ...... (3) ...... 354.00 8/19 8/20 China ...... 552.00 ...... (3) ...... 552.00 8/21 8/23 Korea ...... 524.00 ...... (3) ...... 524.00 Martha Morrison ...... 8/9 8/12 Jordan ...... 829.00 ...... (3) ...... 829.00 8/13 8/14 Turkey ...... 452.00 ...... (3) ...... 452.00 8/15 8/16 Kyrgyzstan ...... 558.00 ...... (3) ...... 558.00 8/17 8/18 Mongolia ...... 354.00 ...... (3) ...... 354.00 8/19 8/20 China ...... 552.00 ...... (3) ...... 552.00 8/21 8/23 Korea ...... 524.00 ...... (3) ...... 524.00 David Hobbs ...... 8/9 8/12 Jordan ...... 829.00 ...... (3) ...... 829.00 8/13 8/14 Turkey ...... 452.00 ...... (3) ...... 452.00 8/15 8/16 Kyrgyzstan ...... 558.00 ...... (3) ...... 558.00 8/17 8/18 Mongolia ...... 354.00 ...... (3) ...... 354.00 8/19 8/20 China ...... 552.00 ...... (3) ...... 552.00 8/21 8/23 Korea ...... 524.00 ...... (3) ...... 524.00 Scott Palmer ...... 8/9 8/12 Jordan ...... 829.00 ...... (3) ...... 829.00 8/13 8/14 Turkey ...... 452.00 ...... (3) ...... 452.00 8/15 8/16 Kyrgyzstan ...... 558.00 ...... (3) ...... 558.00 8/17 8/18 Mongolia ...... 354.00 ...... (3) ...... 354.00 8/19 8/20 China ...... 552.00 ...... (3) ...... 552.00 8/21 8/23 Korea ...... 524.00 ...... (3) ...... 524.00 Theodore Van Der Meid ...... 8/9 8/12 Jordan ...... 829.00 ...... (3) ...... 829.00 8/13 8/14 Turkey ...... 452.00 ...... (3) ...... 452.00 8/15 8/16 Kyrgyzstan ...... 558.00 ...... (3) ...... 558.00 8/17 8/18 Mongolia ...... 354.00 ...... (3) ...... 354.00 8/19 8/20 China ...... 552.00 ...... (3) ...... 552.00 8/21 8/23 Korea ...... 524.00 ...... (3) ...... 524.00 Committee total ...... 22,883.00 ...... 22,883.00 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. JERRY SOLOMON.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, TRAVEL TO ALGERIA AND EGYPT, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JULY 5 AND JULY 10, 1998

Hon. Frank Rudolph Wolf ...... 7/5 7/8 Algeria ...... 4,776.33 ...... 4,776.33 7/8 7/10 Egypt ...... 798.39 233.45 ...... 798.39 233.45 7/10 ...... United States ...... Committee total ...... 233.45 ...... 4,776.33 ...... 5,009.78 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. FRANK R. WOLF, Aug. 5, 1998. H11718 CONGRESSIONAL RECORD — HOUSE November 12, 1998 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, TRAVEL TO MOROCCO, SWITZERLAND, ITALY, GERMANY AND PORTUGAL, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN AUG 8, 1998 AND AUG. 19, 1998

Hon. Mac Collins ...... 8/8 8/10 Morocco ...... 657.48 ...... (3) ...... 657.48 8/11 8/13 Switzerland ...... 966.00 ...... (3) ...... 966.00 8/14 8/16 Italy ...... 866.64 ...... (3) ...... 866.64 8/17 8/17 Germany ...... 229.00 ...... (3) ...... 229.00 8/18 8/19 Portugal ...... 556.00 ...... (3) ...... 556.00 Committee total ...... 3,362.48 ...... 3,362.48 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. Note: Cong. Collins’ spouse accompanied him on this trip. Half of the total—$3,362.48—were expenses incurred by Mrs. Collins. MAC COLLINS, Oct. 5, 1998.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, TRAVEL TO SRI LANKA, INDIA, NEPAL, AND SOUTH ASIA, EXPENDED BETWEEN AUG. 24 AND SEPT. 1, 1998

Hon. Scott L. Klug ...... 8/24 8/25 Sri Lanka ...... 197.00 ...... 197.00 8/25 8/30 India ...... 54,567 1,290.00 ...... 1,290.00 8/30 9/1 Nepal ...... 408.00 ...... 408.00 8/24 9/2 South Asia ...... 7,739.65 ...... 7,739.65 Jeffrey A. Ehrenberg ...... 8/24 8/25 Sri Lanka ...... 197.00 ...... 197.00 8/25 8/30 India ...... 54,567 1,290.00 ...... 1,290.00 8/30 9/1 Nepal ...... 408 ...... 408.00 9/1 9/2 Thailand ...... 240.00 ...... 240.00 8/22 9/6 South Asia ...... 6,378.65 ...... 6,378.65 Committee total ...... 4,030.00 ...... 14,118.30 ...... 18,148.30 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. SCOTT L. KLUG, Oct. 2, 1998. h

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, JOINT COMMITTEE ON TAXATION, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JULY 1 AND SEPT. 30, 1998

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON NATIONAL SECURITY, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JULY 1 AND SEPT. 30, 1998

Visit to France, Italy, Bosnia and Portugal, June 30–July 11, 1998: Hon. Howard ‘‘Buck’’ McKeon ...... 6/30 7/3 France ...... 1,448.46 ...... 1,448.46 7/3 7/9 Italy ...... 2,770.05 ...... 2,770.05 7/9 7/6 Bosnia ...... 7/6 7/11 Portugal ...... 414.18 ...... 414.18 Visit to Germany, Hungary and Bosnia: July 6–10, 1998: Hon. Lindsey Graham ...... 7/6 7/10 Germany ...... 934.00 ...... 934.00 7/10 7/12 Hungary ...... 494.00 ...... 494.00 7/10 7/10 Bosnia ...... Commercial airfare ...... 4,493.61 ...... 4,493.61 Hon. Solomon P. Ortiz ...... 7/6 7/10 Germany ...... 934.00 ...... 934.00 7/10 7/12 Hungary ...... 494.00 ...... 494.00 7/10 7/10 Bosnia ...... Commercial airfare ...... 4,493.61 ...... 4,493.61 Visit to Morocco, Switzerland, Sweden, Denmark and Portugal, August 8–20, 1998: Hon. Herbert H. Bateman ...... 8/8 8/11 Morocco ...... 657.50 ...... 657.50 8/11 8/14 Switzerland ...... 966.00 ...... 966.00 8/14 8/16 Sweden ...... 542.00 ...... 542.00 8/16 8/19 Denmark ...... 729.00 ...... 729.00 8/19 8/20 Portugal ...... 278.00 ...... 278.00 Mr. B. Ryan Vaart ...... 8/8 8/11 Morocco ...... 657.50 ...... 657.50 8/11 8/14 Switzerland ...... 966.00 ...... 966.00 8/14 8/16 Sweden ...... 542.00 ...... 542.00 8/16 8/19 Denmark ...... 729.00 ...... 729.00 8/19 8/20 Portugal ...... 278.00 ...... 278.00 Visit to Belgium, Italy, and the United Kingdom, August 10–20, 1998: Hon. Duncan Hunter ...... 8/10 8/11 Belgium ...... 270.00 ...... 270.00 8/11 8/14 Italy ...... 774.00 ...... 774.00 8/14 8/20 United Kingdom ...... 2,148.00 ...... 2,148.00 Commercial airfare ...... 3,192.00 ...... 3,192.00 November 12, 1998 CONGRESSIONAL RECORD — HOUSE H11719 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON NATIONAL SECURITY, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JULY 1 AND SEPT. 30, 1998— Continued

Visit to Switzerland, Italy, Germany and Portugal, August 12–19, 1998: Hon. Allen Boyd ...... 8/12 8/14 Switzerland ...... 644.00 ...... 644.00 8/14 8/17 Italy ...... 954.00 ...... 954.00 8/17 8/18 Germany ...... 229.00 ...... 229.00 8/18 8/19 Portugal ...... 556.00 ...... 556.00 Visit to Colombia, Costa Rica, Guatemala and Mexico, August 20–29, 1998: Hon. Floyd D. Spence ...... 8/20 8/21 Colombia ...... 243.00 ...... 243.00 8/21 8/24 Costa Rica ...... 552.00 ...... 552.00 8/24 8/26 Guatemala ...... 380.00 ...... 380.00 8/26 8/29 Mexico ...... 945.00 ...... 945.00 Hon. Solomon P. Ortiz ...... 8/20 8/21 Colombia ...... 243.00 ...... 243.00 8/21 8/24 Costa Rica ...... 552.00 ...... 552.00 8/24 8/26 Guatemala ...... 380.00 ...... 380.00 8/26 8/29 Mexico ...... 945.00 ...... 945.00 Hon. Gene Taylor ...... 8/21 8/24 Costa Rica ...... 552.00 ...... 552.00 8/24 8/26 Guatemala ...... 380.00 ...... 380.00 Commercial airfare ...... 1,538.00 ...... 1,538.00 Hon. Tillie K. Fowler ...... 8/20 8/21 Colombia ...... 243.00 ...... 243.00 8/21 8/24 Costa Rica ...... 552.00 ...... 552.00 8/24 8/26 Guatemala ...... 380.00 ...... 380.00 8/26 8/29 Mexico ...... 945.00 ...... 945.00 Hon. Lindsey Graham ...... 8/22 8/24 Costa Rica ...... 368.00 ...... 368.00 8/24 8/26 Guatemala ...... 380.00 ...... 380.00 8/26 8/29 Mexico ...... 945.00 ...... 945.00 Commercial airfare ...... 956.00 ...... 956.00 Mr. Robert S. Rangel ...... 8/20 8/21 Colombia ...... 243.00 ...... 243.00 8/21 8/23 Costa Rica ...... 368.00 ...... 368.00 Commercial airfare ...... 751.45 ...... 751.45 Mr. Peter M. Steffes ...... 8/20 8/21 Colombia ...... 243.00 ...... 243.00 8/21 8/24 Costa Rica ...... 552.00 ...... 552.00 8/24 8/26 Guatemala ...... 380.00 ...... 380.00 8/26 8/29 Mexico ...... 945.00 ...... 945.00 Visit to Russia, September 2–8, 1998: Hon. Curt Weldon ...... 9/2 9/8 Russia ...... 1,676.00 ...... 1,676.00 Commercial airfare ...... 5,315.00 ...... 5,315.00 Committee total ...... 32,800.69 ...... 20,739.67 ...... 53,540.36 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. FLOYD D. SPENCE, Chairman, Oct. 30, 1998.

AMENDED REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON NATIONAL SECURITY, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN APRIL 1 AND JUNE 30, 1998

Per diem Transportation Other purposes Total Name of Member or employee Arrival Departure Country Foreign $U.S. Foreign $U.S. Foreign $U.S. Foreign $U.S. Currency 2 Currency 1 Currency 2 Currency 1 Currency 2 Currency 1 Currency 2 Currency 1

Visit to Italy, Serbia, Bosnia and Italy, April 19–13, 1998: Hon. Patrick J. Kennedy ...... 5/9 5/13 Italy ...... 851.46 ...... 409.15 ...... 1,260.61 Committee total ...... 851.46 ...... 409.15 ...... 1,260.61 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. FLOYD D. SPENCE, Chairman, Oct. 30, 1998.

AMENDED REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON NATIONAL SECURITY, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JULY 1 AND SEPT. 30, 1998

Visit to Thailand, Vietnam and Australia, August 18–29, 1997: Delegation expenses ...... 8/18 8/21 Thailand ...... 1,711.53 ...... 1,711.53 Committee total ...... 1,711.53 ...... 1,711.53 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. h FLOYD D. SPENCE, Chairman, oct. 30, 1998.

REPORTS OF COMMITTEES ON [Submitted October 30, 1998] sible Violations of Law—Interim Report PUBLIC BILLS AND RESOLUTIONS Mr. BURTON: Committee on Government (Rept. 105–829). Referred to the Committee of Under clause 2 of rule XIII, reports of Reform and Oversight. Investigation of the the Whole House on the State of the Union. Conversion of the $1.7 Million Centralized committees were delivered to the Clerk White House Computer System, Known as DISCHARGE OF COMMITTEE for printing and reference to the proper the White House Database, and Related Mat- [Omitted from the Record of October 20, 1998] calendar, as follows: ters (Rept. 105–828). Referred to the Commit- [Submitted October 26, 1998] tee of the Whole House on the State of the Pursuant to clause 5 of rule X the Mr. BURTON: Committee on Government Union. Committee on Commerce discharged Reform and Oversight. The Year 2000 Prob- [Submitted November 5, 1998] from further consideration of H.R. 4023. lem (Rept. 105–827). Referred to the Commit- Mr. BURTON: Committee on Government tee of the Whole House on the State of the Reform and Oversight. Investigation of Po- Union. litical Fund Raising Improprieties and Pos- H11720 CONGRESSIONAL RECORD — HOUSE November 12, 1998 TIME LIMITATION OF REFERRED [Omitted from the Record of October 20, 1998] for a period ending not later than October 21, BILL H.R. 2748. Referral to the Committee on 1998. the Judiciary extended for a period ending H.R. 4023. Referral to the Committee on Pursuant to clause 5 of rule X the fol- not later than October 21, 1998. Transportation and Infrastructure extended lowing action was taken by the Speak- H.R. 3844. Referral to the Committee on for a period ending not later than October 21, er: Transportation and Infrastructure extended 1998. E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 105 CONGRESS, SECOND SESSION

Vol. 144 WASHINGTON, THURSDAY, NOVEMBER 12, 1998 No. 152 Senate MESSAGES FROM THE HOUSE RE- rolled joint resolution was signed on S. 1408. An act to establish the Lower East CEIVED SUBSEQUENT TO SINE October 26, 1998, subsequent to the sine Side Tenement National Historic Site, and DIE ADJOURNMENT die adjournment, by the President pro for other purposes. S. 1525. An act to provide financial assist- Under the authority of the order of tempore (Mr. THURMOND). ance for higher education to the dependents the Senate of January 7, 1997, the Sec- f of Federal, State, and local public safety of- retary of the Senate, on October 26, ficers who are killed or permanently and to- MESSAGES FROM THE HOUSE RE- tally disabled as the result of a traumatic in- 1998, subsequent to the sine die ad- CEIVED SUBSEQUENT TO SINE journment of the Senate, received a jury sustained in the line of duty. DIE ADJOURNMENT S. 1693. An act to provide for improved message from the House of Representa- management and increased accountability ENROLLED BILLS AND JOINT RESOLUTION tives announcing that the House for certain National Park Service programs, SIGNED agreed to the amendments of the Sen- and for other purposes. ate to the bill (H.R. 3267) to direct the Under the authority of the order of S. 1718. An act to amend the Weir Farm Secretary of the Interior, acting the Senate of January 7, 1997, the Sec- National Historic Site Establishment Act of through the Bureau of Reclamation, to retary of the Senate, on November 2, 1990 to authorize the acquisition of addi- conduct a feasibility study and con- 1998, subsequent to the sine die ad- tional acreage for the historic site to permit struct a project to reclaim the Salton journment of the Senate, received a the development of visitor and administra- message from the House of Representa- tive facilities and to authorize the appro- Sea. priation of additional amounts for the acqui- The message also announced that the tives announcing that the Speaker has sition of real and personal property, and for House agreed to the amendment of the signed the following enrolled bills and other purposes. Senate to the bill (H.R. 2070) to amend joint resolution: S. 1733. An act to amend the Food Stamp title 18, United States Code, to provide S. 191. An act to throttle criminal use of Act of 1977 to require food stamp State agen- for the testing of certain persons who guns. cies to take certain actions to ensure that are incarcerated or ordered detained S. 391. An act to provide for the disposition food stamp coupons are not issued for de- before trial, for the presence of the of certain funds appropriated to pay judg- ceased individuals, to require the Secretary ment in favor of the Mississippi Sioux Indi- of Agriculture to conduct a study of options human immunodeficiency virus, and for the design, development, implementa- for other purposes. ans, and for other purposes. S. 417. An act to extend energy conservation, and operation of a national database to The message further announced that track participation in Federal means-tested the House agreed to the amendment of tion programs under the Energy Policy and Conservation Act through September 30, public assistance programs, and for other the Senate to the bill (H.R. 4164) to 2002. purposes. amend title 28, United States Code, S. 459. An act to amend the Native Amer- S. 1754. An act to amend the Public Health with respect to the enforcement of ican Programs Act of 1974 to extend certain Service Act to consolidate and reauthorize child custody and visitation orders. authorizations, and for other purposes. health professions and minority and dis- The message also announced that the S. 759. An act to amend the State Depart- advantaged health professions and disadvan- House agreed to the amendment of the ment Basic Authorities Act to 1965 to require taged health education programs, and for the Secretary of State to submit an annual other purposes. Senate to the bill (H.R. 4283) to support S. 2129. An act to eliminate restrictions on report to Congress concerning diplomatic sustainable and broad-based agricul- the acquisition of certain land contiguous to immunity. tural rural development in sub-Saha- Hawaii Volcanoes National Park. ran Africa, and for other purposes. S. 1132. An act to modify the boundaries of S. 2241. An act to provide for the acquisi- the Bandelier National Monument to include The message further announced that tion of lands formerly occupied by the the lands within the headwaters of the Upper Franklin D. Roosevelt family at Hyde Park, the House agreed to the amendment of Alamo Watershed which drain into the the Senate to the bill (S. 1364) to elimi- New York, and for other purposes. Monument and which are not currently with- S. 2272. An act to amend the Securities Ex- nate unnecessary and wasteful Federal in the jurisdiction of a Federal land manage- change Act of 1934 and the Foreign Corrupt reports. ment agency, to authorize purchase or dona- Practices Act of 1977, to strengthen prohibi- ENROLLED JOINT RESOLUTION SIGNED tion of those lands, and for other purposes. tions on international bribery and other cor- The message also announced that the S. 1134. An act granting the consent and rupt practices, and for other purposes. Speaker has signed the following en- approval of Congress to an interstate forest S. 2432. An act to support programs of rolled joint resolution: fire protection compact. grants to States to address the assistive S. 1364. An act to eliminate unnecessary technology need of individuals with disabil- H.J. Res. 138. Joint Resolution appointing and wasteful Federal reports. ities, and for other purposes. the day for the convening of the first session S. 1397. An act to establish a commission S. 2500. An act to protect the sanctity of the One Hundred Sixth Congress. to assist in commemoration of the centen- contract and leases entered into by surface Under the authority of the order of nial of power flight and the achievements of patent holders with respect to coalbed meth- the Senate of January 7, 1997, the en- the Wright brothers. ane gas.

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

S12983

. S12984 CONGRESSIONAL RECORD — SENATE November 12, 1998 S.J. Res. 35. Joint resolution granting the applicants whose visa processing was sus- S.J. Res. 35. Joint resolution granting the consent of Congress to the Pacific Northwest pended during fiscal year 1998 due to em- consent of Congress to the Pacific Northwest Emergency Management Arrangement. bassy bombings. Emergency Management Arrangement. H.R. 378. For the relief of Heraclio Tolley. Under the authority of the order of On November 3, 1998: H.R. 379. For the relief of Larry Errol the Senate of January 7, 1997, the en- S. 759. An act to amend the State Depart- Pieterse. ment Basic Authorities Act of 1956 to require H.R. 633. An act to amend the Foreign rolled bills and joint resolution were the Secretary of State to submit an annual Service Act of 1980 to provide that the annu- signed on November 2, 1998, subsequent report to congress concerning diplomatic im- ities of certain special agents and security to the sine die adjournment, by the munity. personnel of the Department of State be President pro tempore (Mr. THUR- S. 1408. An act to establish the Lower East computed in the same way as applies gen- MOND). Side Tenement National Historic Site, and erally with respect to Federal law enforce- f for other purposes. ment officers, and for other purposes. S. 1693. An act to provide for improved H.R. 1023. An act to provide for compas- ENROLLED BILLS PRESENTED management and increased accountability sionate payments with regard to individuals The Secretary of the Senate reported for certain National Park Service Programs. with blood-clotting disorders, such as hemo- S. 1718. An act to amend the Weir Farm philia, who contracted human immuno- that, subsequent to the sine die ad- National Historic Site Establishment Act of deficiency virus due to contaminated journment, he had presented to the 1990 of authorize the acquisition of addi- anthihemophilic factor, and for other pur- President of the United States, the fol- tional acreage for the historic site to permit poses. lowing enrolled bills and joint resolu- the development of visitor and administra- H.R. 1794. For the relief of Mai Hoa tion; tive facilities and to authorized the appro- ‘‘Jasmin’’ Salehi. On October 22, 1998: priation of additional amounts for the acqui- H.R. 1834. For the relief of Merecedes Del S. 538. An act to authorize the Secretary of sition of real and personal property. Carmen Quiros Martinez Cruz. the Interior to convey certain facilities of S. 2129. An act to eliminate restrictions on H.R. 1949. For the relief of Nuratu the Minidoka project to the Burley Irriga- the acquisition of certain land contiguous to Olarewaju Abeke Kadiri. tion District, and for other purposes. Hawaii Volcanoes National Park. H.R. 2070. An act to amend title 18, United S. 744. An act to authorize the construction S. 2432. An act to support programs of States Code, to provide for the testing of cer- of the Fall River Water Users District Rural grants to the States to address the assistive tain persons who are incarcerated or ordered Water System and authorize financial assist- technology needs of individuals with disabil- detained before trial, for the presence of the ance to the Fall River Water Users District, ities, and for other purposes. human immunodeficiency virus, and for a non-profit corporation, in the planning and On November 4, 1998: other purposes. construction of the water supply system, and S. 1132. An act to modify the boundaries of H.R. 2204. An act to authorize appropria- for other purposes. the Bandelier National Monument to include tions for fiscal years 1998 and 1999 for the S. 1260. An act to amend the Securities Act the lands within the headwaters of the Upper Coast Guard, and for other purposes. of 1933 and the Securities Exchange Act of Alamo Watershed which drain into the H.R. 2263. An act to authorize and request 1934 to limit the conduct of securities class Monument and which are not currently with- the President to award the Congressional actions under State law, and for other pur- in the jurisdiction of a Federal land manage- Medal of Honor posthumously to Theodore poses. ment agency, to authorized purchase or do- Roosevelt for his gallant and heroic actions S. 1722. An act to amend the Public Health nation of those lands, and for other purposes. in the attack on San Juan Heights, Cuba, Service Act to revise and extend certain pro- S. 1134, An act granting the consent and during the Spanish-American War. grams with respect to women’s health re- approval of Congress to an interstate forest H.R. 2744. For the relief of Chong Ho Kwak. search and prevention activities at the Na- fire protection compact. H.R. 3267. An act to direct the Secretary of tional Institutes of Health and the Centers S. 1364. An act to eliminate unnecessary the Interior, acting through the Bureau of for Disease Control and Prevention. and wasteful Federal reports. Reclamation, to conduct a feasibility study S. 2524. An act to clarify without sub- S. 1397. An act to establish a commission and construct a project to reclaim the stantive change laws related to Patriotic and to assist in commemoration of the centen- Salton Sea, and for other purposes. National Observances, Ceremonies, and Orga- nial of powered flight and the achievements H.R. 3461. An act to approve a governing nizations and to improve the United States of the Wright brothers. international fishery agreement between the Code. S. 1525. An act to provide financial assist- United States and the Republic of Poland, On October 30, 1998: ance for higher education to the dependents and for other purposes. S. 2232. An act to establish the Little Rock of Federal, State, and local public safety of- H.R. 3633. An act to amend the Controlled Central High School National Historic Site ficers who are killed or permanently and to- Substances Import and Export Act to place in the State of Arkansas, and for other pur- tally disabled as the result of a traumatic in- limitations on controlled substances brought poses. jury sustained in the line of duty. into the United States. On November 2, 1998: S. 1733. An act to amend the Food Stamp H.R. 3723. An act to authorize funds for the S. 191. An act to throttle criminal use of Act of 1977 to require food stamp State agen- payment of salaries and expenses of the Pat- guns. cies to take certain actions to ensure that ent and Trademark Office, and for other pur- S. 391. An act to provide for the disposition food stamp coupons are not issued for de- poses. of certain funds appropriated to pay judg- ceased individuals, to require the Secretary H.R. 3910. An act to authorize the Auto- ment in favor of the Mississippi Sioux Indi- of Agriculture to conduct a study of options mobile National Heritage Area in the State ans, and for other purposes. for the design, development, implementa- of Michigan, and for other purposes. S. 417. An act to extend energy conservation, and operation of a national database to H.R. 4083. An act to make available to the tion programs under the Energy Policy and track participation in Federal means-tested Ukrainian Museum and Archives of the USIA Conservation Act through September 30, public assistance programs, and for other television program ‘‘Window on America.’’ 2002. purposes. H.R. 4110. An act to amend title 38, United S. 459. An act to amend the Native Amer- S. 2241. An act to provide for the acquisi- States Code, to improve benefits and services ican Programs Act of 1974 to extend certain tion of lands formerly occupied by the provided to Persian Gulf War veterans, to authorizations, and for other purposes. Franklin D. Roosevelt family at Hyde Park, improve a cost-of-living adjustment in rates S. 1754. An act to amend the Public Health New York, and for other purposes. of compensation paid to veterans with serv- Service Act to consolidate and reauthorize S. 2272. An act to amend the boundaries of ice-connected disabilities, to enhance pro- health professions and minority and dis- Grant-Kohrs Ranch National Historic Site in grams providing health care, compensation, advantaged health professions and disadvan- the State of Montana. education, insurance, and other benefits for taged health education programs, and for f veterans, and for other purposes. other purposes. H.R. 4164. An act to amend title 28, United S. 2364. An act to reauthorize and make re- TRIBUTE TO STAFF MEMBERS States Code, with respect to the enforcement forms to programs authorized by the Public WHO AIDED IN THE PASSAGE OF of child custody and visitation orders. Works and Economic Development Act of THE INTERNATIONAL RELIGIOUS H.R. 4283. An act to support sustainable 1965 and the Appalachian Regional Develop- FREEDOM ACT OF 1998 and broad-based agricultural and rural devel- ment Act of 1965. opment in sub-Saharan Africa, and for other S. 2375. An act to amend the Securities Ex- Mr. NICKLES. Mr. President, in my purposes. change Act of 1934 and the Foreign Corrupt floor remarks preceding the passage of H.R. 4501. An act to require the Secretary Practices Act of 1977, to strengthen prohibi- the International Religious Freedom of Agriculture and the Secretary of the Inte- tions on international bribery and other cor- Act of 1998 on October 9, 1998, I recog- rior to conduct a study to improve for per- rupt practices, and for other purposes. sons with disabilities to outdoor recreational S. 2500. An act to protect the sanctity of nized three persons for their many opportunities made available to the public. contracts and leases entered into by surface hours of work and their important H.R. 4821. An act to extend into fiscal year patent holders with respect to coalbed meth- leadership roles in guiding this legisla- 1999 the visa processing period for diversity ane gas. tion to passage—Steve Moffitt of my November 12, 1998 CONGRESSIONAL RECORD — SENATE S12985 staff, John Hanford on the staff of Sen- by Art Rynearson, Senior Counsel with sent to ratification of a treaty, and the Sen- ator RICHARD LUGAR, and Cecile Shea the Office of Senate Legislative Coun- ate’s approval of these treaties should not be with Senator JOSEPH LEIBERMAN. sel. Mr. Rynearson labored through nu- construed as a precedent for acquiescence to I would like to take this opportunity merous drafts of this bill, and distin- future treaties containing such provisions. (2) TREATY INTERPRETATION.—The Senate to add to this honor roll the names of guished himself by his command of the affirms the applicability to all treaties of several additional congressional staff process of legislative drafting, by his the constitutionally based principles of trea- whose efforts were essential to the patience and perseverance, and by his ty interpretation set forth in Condition (1) of crafting and historic passage of this commitment to excellence in creation the resolution of ratification of the INF legislation. Often when legislation is of U.S. law. The Senate staffers which Treaty, approved by the Senate on May 27, passed into law, we, who work in Con- worked most closely with him have ex- 1988, and Condition (8) of the resolution of gress, never have the full benefit of pressed deep gratitude for his spirit of ratification of the Document Agreed Among seeing the aid and blessing which our the States Parties to the Treaty on Conven- teamwork on this year-long endeavor. tional Armed Forces in Europe, approved by efforts bring to others. This will as- In addition, I wish to express grati- the Senate on May 14, 1997. suredly be the case for this small group tude to Polly Craighill, who also serves (c) PROVISOS.—The advice and consent of of staff who worked with such dedica- on the staff of Senate Legislative the Senate is subject to the following provi- tion and excellence for the passage of Counsel. Ms. Craighill stepped in at a sos: the International Religious Freedom critical moment in the development of (1) CONDITION FOR RATIFICATION.—The Act. Their work has now received the this act and provided expert assistance United States shall not deposit the instru- unanimous acclaim of both Houses of ments of ratification for these Treaties until requiring personal sacrifice on her such time as the President signs into law a Congress, as the Senate voted 98–0 in part. bill that implements the Treaties, and that favor of this bill, followed the next day Finally, I would like to recognize the shall include clarifications to United States by a unanimous voice vote in the important contributions made by sev- law regarding infringement liability for on- House. But, more importantly, I hope eral of the senior staff at Congressional line service providers, such as contained in that these individuals will rest in the Research Service. Larry Eig, Legisla- H.R. 2281. satisfaction that their selfless efforts tive Attorney, Joyce Vialet, Refugee (2) REPORT.—On October 1, 1999, and annu- will, for decades to come, redound to Affairs Expert, Vita Bite, Foreign Af- ally thereafter for five years, unless ex- the benefit of countless persons around tended by an Act of Congress, the President fairs Expert, Jeanne Grimmet, Legisla- shall submit to the Committee on Foreign the world imprisoned, tortured, or oth- tive Attorney, and Dianne Rennack, Relations of the Senate, and the Speaker of erwise persecuted or restricted in the Foreign Affairs Expert, all made im- the House of Representatives, a report that practice of their religious beliefs. This portant contributions to the careful sets out: is an extraordinary and noble service work of researching and scrutinizing (A) RATIFICATION.—A list of the countries which they have rendered to persons of issues involved in the content of this that have ratified the Treaties, the dates of faith throughout the world, and I be- bill. ratification and entry into force for each lieve that it is important that we, as a country, and a detailed account of U.S. ef- f forts to encourage other nations that are sig- congressional body, recognize their RESOLUTION OF RATIFICATION OF natories to the Treaties to ratify and imple- role in this historic achievement. ment them. TREATIES First, I wish to recognize two House (B) DOMESTIC LEGISLATION IMPLEMENTING staff members for their brilliant and The text of the resolutions of ratifi- THE CONVENTION.—A description of the do- tireless work, beginning at the very in- cation of treaties passed by the Senate mestic laws enacted by each Party to the ception of the International Religious on October 21, 1998 are as follows: Treaties that implement commitments Freedom Act and carrying all the way under the Treaties, and an assessment of the Resolved (two-thirds of the Senators present compatibility of the laws of each country through to its final passage. Laura concurring therein), That the Senate advise Bryant of the office of Congressman with the requirements of the Treaties. and consent to the ratification of the World (C) ENFORCEMENT.—An assessment of the BOB CLEMENT and William Inboden, for- Intellectual Property Organization Copy- measures taken by each Party to fulfill its merly with Congressman TOM DELAY, right Treaty and the World Intellectual obligations under the Treaties, and to ad- were two of the original ‘‘visionaries’’ Property Organization Performances and vance its object and purpose, during the pre- for this bill, and their compassion for Phonograms Treaty, done at Geneva on De- vious year. This shall include an assessment cember 20, 1996, and signed by the United suffering believers as well as their ex- of the enforcement by each Party of its do- States on April 12, 1997 (Treaty Doc. 105–17), mestic laws implementing the obligations of pertise on issues of religious persecu- subject to the reservation of subsection (a), tion are reflected on every page of the the Treaties, including its efforts to: the declarations of subsection (b), and the (i) investigate and prosecute cases of pi- bill. I am deeply grateful for their ex- provisos of subsection (c). racy; traordinary contribution to this land- (a) RESERVATION.—The advice and consent (ii) provide sufficient resources to enforce mark legislation. of the Senate to the WIPO Performances and its obligations under the Treaties; In the Senate, I wish to express spe- Phonograms Treaty is subject to the follow- (iii) provide adequate and effective legal cial commendation to Jim Jatras, For- ing reservation, which shall be included in remedies against circumvention of effective eign Affairs Specialist with the Repub- the instrument of ratification and shall be technological measures that are used by binding on the President: lican Policy Committee. Mr. Jatras is copyright owners in connection with the ex- REMUNERATION RIGHT LIMITATION.—Pursu- one of the most distinguished analysts ercise of their rights under the Treaties or ant to Article 15(3) of the WIPO Perform- the Berne Convention and that restrict acts, of foreign policy on Capitol Hill and is ances and Phonograms Treaty, the United in respect of their works, which are not au- a person to whom I have often turned States will apply the provisions of Article thorized by the copyright owners concerned for expert counsel. In the case of the 15(1) of the WIPO Performances and or permitted by law. International Religious Freedom Act, Phonograms Treaty only in respect of cer- (D) FUTURE NEGOTIATIONS.—A description Mr. Jatras contributed vitally, both to tain acts of broadcasting and communication of the future work of the Parties to the Trea- the substance of the bill and to the to the public by digital means for which a di- ties, including work on any new treaties re- rect or indirect fee is charged for reception, process of negotiation which led to its lated to copyright or phonogram protection. and for other retransmissions and digital (E) EXPANDED MEMBERSHIP.—A description passage. phonorecord deliveries, as provided under of U.S. efforts to encourage other non-signa- I wish, also, to express warmest the United States law. tory countries to sign, ratify, implement, thanks to Elaine Petty, with the staff (b) DECLARATIONS.—The advice and consent and enforce the Treaties, including efforts to of Senator CONNIE MACK, who was a of the Senate is subject to the following dec- encourage the clarification of laws regarding leading original cosponsor of this act. larations: Internet service provider liability. Ms. Petty contributed many hours of (1) LIMITED RESERVATIONS PROVISIONS.—It (3) SUPREMACY OF THE CONSTITUTION.— work over the past 6 months toward is the Sense of the Senate that a ‘‘limited Nothing in the Convention requires or au- the passage of this bill, and her efforts reservations’’ provision, such as that con- thorizes legislation or other action by the tained in Article 21 of the Performances and United States of America that is prohibited were especially important in discus- Phonograms Treaty, and a ‘‘no reservations’’ by the Constitution of the United States as sions with other Senate offices and provision, such as that contained in Article interpreted by the United States. outside groups. 22 of the Copyright Treaty, have the effect of Special commendation is reserved for inhibiting the Senate in its exercise of its Resolved (two-thirds of the Senators present the remarkable expertise demonstrated constitutional duty to give advice and con- concurring therein), That the Senate advise S12986 CONGRESSIONAL RECORD — SENATE November 12, 1998 and consent to the ratification of the Treaty ty so that any assistance provided by the the resolution of ratification of the INF Between the Government of the United Government of the United States shall not Treaty, approved by the Senate on May 27, States of America and the Government of be transferred to or otherwise used to assist 1988, and Condition (8) of the resolution of the Grand Duchy of Luxembourg on Mutual the International Criminal Court agreed to ratification of the Document Agreed Among Legal Assistance in Criminal Matters, and in Rome, Italy, on July 17, 1998, unless the the States Parties to the Treaty on Conven- related exchange of notes, signed at Wash- treaty establishing the court has entered tional Armed Forces in Europe, approved by ington on March 13, 1997 (Treaty Doc. 105–11), into force for the United States by and with the Senate on May 14, 1997. subject to the understanding of subsection the advice and consent of the Senate, as re- (c) PROVISOS.—The resolution of ratifica- (a), the declaration of subsection (b), and the quired by Article II, section 2 of the United tion is subject to the following two provisos, provisos of subsection (c). States Constitution. which shall not be included in the instru- (a) UNDERSTANDING.—The Senate’s advice (b) DECLARATION.—The Senate’s advice and ment of ratification to be signed by the and consent is subject to the following un- consent is subject to the following declara- President: derstanding, which shall be included in the tion, which shall be binding on the Presi- (1) LIMITATION ON ASSISTANCE.—Pursuant instrument of ratification: dent: to the rights of the United States under this PROHIBITION ON ASSISTANCE TO THE INTER- TREATY INTERPRETATION.—The Senate af- Treaty to deny requests which prejudice its NATIONAL CRIMINAL COURT.—The United firms the applicability to all treaties of the essential public policy or interest, the States shall exercise its rights to limit the constitutionally based principles of treaty United States shall deny a request for assist- use of assistance it provides under the Trea- interpretation set forth in Condition (1) of ance when the Central Authority, after con- ty so that any assistance provided by the the resolution of ratification of the INF sultation with all appropriate intelligence, Government of the United States shall not Treaty, approved by the Senate on May 27, anti-narcotic, and foreign policy agencies, be transferred to or otherwise used to assist 1988, and Condition (8) of the resolution of has specific information that a senior gov- the International Criminal Court agreed to ratification of the Document Agreed Among ernment official who will have access to in- in Rome, Italy, on July 17, 1998, unless the the States Parties to the Treaty on Conven- formation to be provided under this Treaty treaty establishing the court has entered tional Armed Forces in Europe, approved by is engaged in a felony, including the facilita- into force for the United States by and with the Senate on May 14, 1997. tion of the production or distribution of ille- the advice and consent of the Senate, as re- (c) PROVISOS.—The resolution of ratifica- gal drugs. UPREMACY OF THE CONSTITUTION.— quired by Article II, section 2 of the United tion is subject to the following two provisos, (2) S Nothing in the Treaty requires or authorizes States Constitution. which shall not be included in the instru- legislation or other action by the United (b) DECLARATION.—The Senate’s advice and ment of ratification to be signed by the consent is subject to the following declara- President: States of America that is prohibited by the Constitution of the United States as inter- tion, which shall be binding on the Presi- (1) LIMITATION ON ASSISTANCE.—Pursuant dent: to the rights of the United States under this preted by the United States. TREATY INTERPRETATION.—The Senate af- Treaty to deny requests which prejudice its Resolved (two-thirds of the Senators present firms the applicability to all treaties of the essential public policy or interest, the concurring therein), That the Senate advise constitutionally based principles of treaty United States shall deny a request for assist- and consent to the ratification of the Treaty interpretation set forth in Condition (1) of ance when the Central Authority, after con- Between the Government of the United the resolution of ratification of the INF sultation with all appropriate intelligence, States of America and the Government of Treaty, approved by the Senate on May 27, anti-narcotic, and foreign policy agencies, Barbados on Mutual Legal Assistance in 1988, and Condition (8) of the resolution of has specific information that a senior gov- Criminal Matters, signed at Bridgetown on ratification of the Document Agreed Among ernment official who will have access to in- February 28, 1996 (Treaty Doc. 105–23), sub- the States Parties to the Treaty on Conven- formation to be provided under this Treaty ject to the understanding of subsection (a), tional Armed Forces in Europe, approved by is engaged in a felony, including the facilita- the declaration of subsection (b), and the the Senate on May 14, 1997. tion of the production or distribution of ille- provisos of subsection (c). (c) PROVISOS.—The resolution of ratifica- gal drugs. (a) UNDERSTANDING.—The Senate’s advice tion is subject to the following two provisos, (2) SUPREMACY OF THE CONSTITUTION.— and consent is subject to the following un- which shall not be included in the instru- Nothing in the Treaty requires or authorizes derstanding, which shall be included in the ment of ratification to be signed by the legislation or other action by the United instrument of ratification: President: States of America that is prohibited by the PROHIBITION ON ASSISTANCE TO THE INTER- (1) LIMITATION ON ASSISTANCE.—Pursuant Constitution of the United States as inter- NATIONAL CRIMINAL COURT.—The United to the rights of the United States under this preted by the United States. States shall exercise its rights to limit the Treaty to deny requests which prejudice its use of assistance it provides under the Trea- essential public policy or interest, the Resolved (two-thirds of the Senators present ty so that any assistance provided by the United States shall deny a request for assist- concurring therein), That the Senate advise Government of the United States shall not ance when the Central Authority, after con- and consent to the ratification of the Treaty be transferred to or otherwise used to assist sultation with all appropriate intelligence, Between the United States of America and the International Criminal Court agreed to anti-narcotic, and foreign policy agencies, the Government of the Republic of Poland on in Rome, Italy, on July 17, 1998, unless the has specific information that a senior gov- Mutual Legal Assistance in Criminal Mat- treaty establishing the court has entered ernment official who will have access to in- ters, signed at Washington on July 10, 1996 into force for the United States by and with formation to be provided under this Treaty (Treaty Doc. 105–12), subject to the under- the advice and consent of the Senate, as re- is engaged in a felony, including the facilita- standing of subsection (a), the declaration of quired by Article II, section 2 of the United tion of the production or distribution of ille- subsection (b), and the provisos of subsection States Constitution. gal drugs. (c). (b) DECLARATION.—The Senate’s advice and (2) SUPREMACY OF THE CONSTITUTION.— (a) UNDERSTANDING.—The Senate’s advice consent is subject to the following declara- Nothing in the Treaty requires or authorizes and consent is subject to the following un- tion, which shall be binding on the Presi- legislation or other action by the United derstanding, which shall be included in the dent: States of America that is prohibited by the instrument of ratification: TREATY INTERPRETATION.—The Senate af- Constitution of the United States as inter- PROHIBITION ON ASSISTANCE TO THE INTER- firms the applicability to all treaties of the preted by the United States. NATIONAL CRIMINAL COURT.—The United constitutionally based principles of treaty States shall exercise its rights to limit the interpretation set forth in Condition (1) of Resolved (two-thirds of the Senators present use of assistance it provides under the Trea- the resolution of ratification of the INF concurring therein), That the Senate advise ty so that any assistance provided by the Treaty, approved by the Senate on May 27, and consent to the ratification of the Agree- Government of the United States shall not 1988, and Condition (8) of the resolution of ment between the Government of the United be transferred to or otherwise used to assist ratification of the Document Agreed Among States of America and the Government of the International Criminal Court agreed to the States Parties to the Treaty on Conven- Hong Kong on Mutual Legal Assistance in in Rome, Italy, on July 17, 1998, unless the tional Armed Forces in Europe, approved by Criminal Matters, with Annex, signed in treaty establishing the court has entered the Senate on May 14, 1997. Hong Kong on April 15, 1997 (Treaty Doc. 105– into force for the United States by and with (c) PROVISOS.—The resolution of ratifica- 6), subject to the understanding of sub- the advice and consent of the Senate, as re- tion is subject to the following two provisos, section (a), the declaration of subsection (b), quired by Article II, section 2 of the United which shall not be included in the instru- and the provisos of subsection (c). States Constitution. ment of ratification to be signed by the (a) UNDERSTANDING.—The Senate’s advice (b) DECLARATION.—The Senate’s advice and President: and consent is subject to the following un- consent is subject to the following declara- (1) LIMITATION ON ASSISTANCE.—Pursuant derstanding, which shall be included in the tion, which shall be binding on the Presi- to the rights of the United States under this instrument of ratification: dent: Treaty to deny requests which prejudice its PROHIBITION ON ASSISTANCE TO THE INTER- TREATY INTERPRETATION.—The Senate af- essential public policy or interest, the NATIONAL CRIMINAL COURT.—The United firms the applicability to all treaties of the United States shall deny a request for assist- States shall exercise its rights to limit the constitutionally based principles of treaty ance when the Central Authority, after con- use of assistance it provides under the Trea- interpretation set forth in Condition (1) of sultation with all appropriate intelligence, November 12, 1998 CONGRESSIONAL RECORD — SENATE S12987 anti-narcotic, and foreign policy agencies, ters Between the Government of the United the International Criminal Court agreed to has specific information that a senior gov- States of America and the Government of in Rome, Italy, on July 17, 1998, unless the ernment official who will have access to in- Antigua and Barbuda, signed at St. John’s on treaty establishing the court has entered formation to be provided under this Treaty October 31, 1996 (Treaty Doc. 105–24), subject into force for the United States by and with is engaged in a felony, including the facilita- to the understanding of subsection (a), the the advice and consent of the Senate, as re- tion of the production or distribution of ille- declaration of subsection (b), and the provi- quired by Article II, section 2 of the United gal drugs. sos of subsection (c). States Constitution. (2) SUPREMACY OF THE CONSTITUTION.— (a) UNDERSTANDING.—The Senate’s advice (b) DECLARATION.—The Senate’s advice and Nothing in the Treaty requires or authorizes and consent is subject to the following un- consent is subject to the following declara- legislation or other action by the United derstanding, which shall be included in the tion, which shall be binding on the Presi- States of America that is prohibited by the instrument of ratification: dent: Constitution of the United States as inter- PROHIBITION ON ASSISTANCE TO THE INTER- TREATY INTERPRETATION.—The Senate af- preted by the United States. NATIONAL CRIMINAL COURT.—The United firms the applicability to all treaties of the States shall exercise its rights to limit the constitutionally based principles of treaty Resolved (two-thirds of the Senators present use of assistance it provides under the Trea- interpretation set forth in Condition (1) of concurring therein), That the Senate advise ty so that any assistance provided by the the resolution of ratification of the INF and consent to the ratification of the Treaty Government of the United States shall not Treaty, approved by the Senate on May 27, Between the Government of the United be transferred to or otherwise used to assist 1988, and Condition (8) of the resolution of States of America and the Government of the International Criminal Court agreed to ratification of the Document Agreed Among Trinidad and Tobago on Mutual Legal As- in Rome, Italy, on July 17, 1998, unless the the States Parties to the Treaty on Conven- sistance in Criminal Matters, signed at Port treaty establishing the court has entered tional Armed Forces in Europe, approved by of Spain on March 4, 1996 (Treaty Doc. 105– into force for the United States by and with the Senate on May 14, 1997. 22), subject to the understanding of sub- the advice and consent of the Senate, as re- (c) PROVISOS.—The resolution of ratifica- section (a), the declaration of subsection (b), quired by Article II, section 2 of the United tion is subject to the following two provisos, and the provisos of subsection (c). States Constitution. which shall not be included in the instru- (a) UNDERSTANDING.—The Senate’s advice (b) DECLARATION.—The Senate’s advice and ment of ratification to be signed by the and consent is subject to the following un- consent is subject to the following declara- President: derstanding, which shall be included in the tion, which shall be binding on the Presi- (1) LIMITATION ON ASSISTANCE.—Pursuant instrument of ratification: dent: to the rights of the United States under this PROHIBITION ON ASSISTANCE TO THE INTER- TREATY INTERPRETATION.—The Senate af- Treaty to deny requests which prejudice its NATIONAL CRIMINAL COURT.—The United firms the applicability to all treaties of the essential public policy or interest, the States shall exercise its rights to limit the constitutionally based principles of treaty United States shall deny a request for assist- use of assistance it provides under the Trea- interpretation set forth in Condition (1) of ance when the Central Authority, after con- ty so that any assistance provided by the the resolution of ratification of the INF sultation with all appropriate intelligence, Government of the United States shall not Treaty, approved by the Senate on May 27, anti-narcotic, and foreign policy agencies, be transferred to or otherwise used to assist 1988, and Condition (8) of the resolution of has specific information that a senior gov- the International Criminal Court agreed to ratification of the Document Agreed Among ernment official who will have access to in- in Rome, Italy, on July 17, 1998, unless the the States Parties to the Treaty on Conven- formation to be provided under this Treaty treaty establishing the court has entered tional Armed Forces in Europe, approved by is engaged in a felony, including the facilita- into force for the United States by and with the Senate on May 14, 1997. tion of the production or distribution of ille- the advice and consent of the Senate, as re- (c) PROVISOS.—The resolution of ratifica- gal drugs. quired by Article II, section 2 of the United tion is subject to the following two provisos, (2) SUPREMACY OF THE CONSTITUTION.— States Constitution. which shall not be included in the instru- Nothing in the Treaty requires or authorizes (b) DECLARATION.—The Senate’s advice and ment of ratification to be signed by the legislation or other action by the United consent is subject to the following declara- President: States of America that is prohibited by the tion, which shall be binding on the Presi- (1) LIMITATION ON ASSISTANCE.—Pursuant Constitution of the United States as inter- dent: to the rights of the United States under this preted by the United States. TREATY INTERPRETATION.—The Senate af- Treaty to deny requests which prejudice its firms the applicability to all treaties of the essential public policy or interest, the Resolved (two-thirds of the Senators present constitutionally based principles of treaty United States shall deny a request for assist- concurring therein), That the Senate advise interpretation set forth in Condition (1) of ance when the Central Authority, after con- and consent to the ratification of the Treaty the resolution of ratification of the INF sultation with all appropriate intelligence, on Mutual Legal Assistance in Criminal Mat- Treaty, approved by the Senate on May 27, anti-narcotic, and foreign policy agencies, ters Between the Government of the United 1988, and Condition (8) of the resolution of has specific information that a senior gov- States of America and the Government of ratification of the Document Agreed Among ernment official who will have access to in- Grenada, signed at St. George’s on May 30, the States Parties to the Treaty on Conven- formation to be provided under this Treaty 1996 (Treaty Doc. 105–24), subject to the un- tional Armed Forces in Europe, approved by is engaged in a felony, including the facilita- derstanding of subsection (a), the declaration the Senate on May 14, 1997. tion of the production or distribution of ille- of subsection (b), and the provisos of sub- (c) PROVISOS.—The resolution of ratifica- gal drugs. section (c). tion is subject to the following two provisos, (2) SUPREMACY OF THE CONSTITUTION.— (a) UNDERSTANDING.—The Senate’s advice which shall not be included in the instru- Nothing in the Treaty requires or authorizes and consent is subject to the following un- ment of ratification to be signed by the legislation or other action by the United derstanding, which shall be included in the President: States of America that is prohibited by the instrument of ratification: (1) LIMITATION ON ASSISTANCE.—Pursuant Constitution of the United States as inter- PROHIBITION ON ASSISTANCE TO THE INTER- to the rights of the United States under this preted by the United States. NATIONAL CRIMINAL COURT.—The United Treaty to deny requests which prejudice its States shall exercise its rights to limit the essential public policy or interest, the Resolved (two-thirds of the Senators present use of assistance it provides under the Trea- United States shall deny a request for assist- concurring therein), That the Senate advise ty so that any assistance provided by the ance when the Central Authority, after con- and consent to the ratification of the Treaty Government of the United States shall not sultation with all appropriate intelligence, on Mutual Legal Assistance in Criminal Mat- be transferred to or otherwise used to assist anti-narcotic, and foreign policy agencies, ters Between the Government of the United the International Criminal Court agreed to has specific information that a senior gov- States of America and the Government of in Rome, Italy, on July 17, 1998, unless the ernment official who will have access to in- Dominica, signed at Roseau on October 10, treaty establishing the court has entered formation to be provided under this Treaty 1996 (Treaty Doc. 105–24), subject to the un- into force for the United States by and with is engaged in a felony, including the facilita- derstanding of subsection (a), the declaration the advice and consent of the Senate, as re- tion of the production or distribution of ille- of subsection (b), and the provisos of sub- quired by Article II, section 2 of the United gal drugs. section (c). States Constitution. (2) SUPREMACY OF THE CONSTITUTION.— (a) UNDERSTANDING.—The Senate’s advice (b) DECLARATION.—The Senate’s advice and Nothing in the Treaty requires or authorizes and consent is subject to the following un- consent is subject to the following declara- legislation or other action by the United derstanding, which shall be included in the tion, which shall be binding on the Presi- States of America that is prohibited by the instrument of ratification: dent: Constitution of the United States as inter- PROHIBITION ON ASSISTANCE TO THE INTER- TREATY INTERPRETATION.—The Senate af- preted by the United States. NATIONAL CRIMINAL COURT.—The United firms the applicability to all treaties of the States shall exercise its rights to limit the constitutionally based principles of treaty Resolved (two-thirds of the Senators present use of assistance it provides under the Trea- interpretation set forth in Condition (1) of concurring therein), That the Senate advise ty so that any assistance provided by the the resolution of ratification of the INF and consent to the ratification of the Treaty Government of the United States shall not Treaty, approved by the Senate on May 27, on Mutual Legal Assistance in Criminal Mat- be transferred to or otherwise used to assist 1988, and Condition (8) of the resolution of S12988 CONGRESSIONAL RECORD — SENATE November 12, 1998 ratification of the Document Agreed Among ernment official who will have access to in- sistance in Criminal Matters, signed at the States Parties to the Treaty on Conven- formation to be provided under this Treaty Washington on June 13, 1997 (Treaty Doc. tional Armed Forces in Europe, approved by is engaged in a felony, including the facilita- 105–34), subject to the understanding of sub- the Senate on May 14, 1997. tion of the production or distribution of ille- section (a), the declaration of subsection (b), (c) PROVISOS.—The resolution of ratifica- gal drugs. and the provisos of subsection (c). tion is subject to the following two provisos, (2) SUPREMACY OF THE CONSTITUTION.— (a) UNDERSTANDING.—The Senate’s advice which shall not be included in the instru- Nothing in the Treaty requires or authorizes and consent is subject to the following un- ment of ratification to be signed by the legislation or other action by the United derstanding, which shall be included in the President: States of America that is prohibited by the instrument of ratification: (1) LIMITATION ON ASSISTANCE.—Pursuant Constitution of the United States as inter- PROHIBITION ON ASSISTANCE TO THE INTER- to the rights of the United States under this preted by the United States. NATIONAL CRIMINAL COURT.—The United Treaty to deny requests which prejudice its States shall exercise its rights to limit the essential public policy or interest, the Resolved (two-thirds of the Senators present use of assistance it provides under the Trea- United States shall deny a request for assist- concurring therein), That the Senate advise ty so that any assistance provided by the ance when the Central Authority, after con- and consent to the ratification of the Treaty Government of the United States shall not sultation with all appropriate intelligence, Between the Government of the United be transferred to or otherwise used to assist anti-narcotic, and foreign policy agencies, States of America and the Government of the International Criminal Court agreed to has specific information that a senior gov- Australia on Mutual Assistance in Criminal in Rome, Italy, on July 17, 1998, unless the ernment official who will have access to in- Matters, and a related exchange of notes, treaty establishing the court has entered formation to be provided under this Treaty signed at Washington on April 30, 1997 (Trea- into force for the United States by and with is engaged in a felony, including the facilita- ty Doc. 105–27), subject to the understanding the advice and consent of the Senate, as re- tion of the production or distribution of ille- of subsection (a), the declaration of sub- quired by Article II, section 2 of the United gal drugs. section (b), and the provisos of subsection States Constitution. (2) SUPREMACY OF THE CONSTITUTION.— (c). (b) DECLARATION.—The Senate’s advice and Nothing in the Treaty requires or authorizes (a) UNDERSTANDING.—The Senate’s advice consent is subject to the following declara- legislation or other action by the United and consent is subject to the following un- tion, which shall be binding on the Presi- States of America that is prohibited by the derstanding, which shall be included in the dent: Constitution of the United States as inter- instrument of ratification: TREATY INTERPRETATION.—The Senate af- preted by the United States. PROHIBITION ON ASSISTANCE TO THE INTER- firms the applicability to all treaties of the NATIONAL CRIMINAL COURT.—The United constitutionally based principles of treaty Resolved (two-thirds of the Senators present States shall exercise its rights to limit the interpretation set forth in Condition (1) of concurring therein), That the Senate advise use of assistance it provides under the Trea- the resolution of ratification of the INF and consent to the ratification of the Treaty ty so that any assistance provided by the Treaty, approved by the Senate on May 27, on Mutual Legal Assistance in Criminal Mat- Government of the United States shall not 1988, and Condition (8) of the resolution of ters Between the Government of the United be transferred to or otherwise used to assist ratification of the Document Agreed Among States of America and the Government of the International Criminal Court agreed to the States Parties to the Treaty on Conven- Saint Lucia, signed at Castries on April 18, in Rome, Italy, on July 17, 1998, unless the tional Armed Forces in Europe, approved by 1996 (Treaty Doc. 105–24), subject to the un- treaty establishing the court has entered the Senate on May 14, 1997. derstanding of subsection (a), the declaration into force for the United States by and with (c) PROVISOS.—The resolution of ratifica- of subsection (b), and the provisos of sub- the advice and consent of the Senate, as re- tion is subject to the following two provisos, section (c). quired by Article II, section 2 of the United which shall not be included in the instru- (a) UNDERSTANDING.—The Senate’s advice States Constitution. ment of ratification to be signed by the and consent is subject to the following un- (b) DECLARATION.—The Senate’s advice and President: derstanding, which shall be included in the consent is subject to the following declara- (1) LIMITATION ON ASSISTANCE.—Pursuant instrument of ratification: tion, which shall be binding on the Presi- to the rights of the United States under this PROHIBITION ON ASSISTANCE TO THE INTER- dent: Treaty to deny requests which prejudice its NATIONAL CRIMINAL COURT.—The United TREATY INTERPRETATION.—The Senate af- essential public policy or interest, the States shall exercise its rights to limit the firms the applicability to all treaties of the United States shall deny a request for assist- use of assistance it provides under the Trea- constitutionally based principles of treaty ance when the Central Authority, after con- ty so that any assistance provided by the interpretation set forth in Condition (1) of sultation with all appropriate intelligence, Government of the United States shall not the resolution of ratification of the INF anti-narcotic, and foreign policy agencies, be transferred to or otherwise used to assist Treaty, approved by the Senate on May 27, has specific information that a senior gov- the International Criminal Court agreed to 1988, and Condition (8) of the resolution of ernment official who will have access to in- in Rome, Italy, on July 17, 1998, unless the ratification of the Document Agreed Among formation to be provided under this Treaty treaty establishing the court has entered the States Parties to the Treaty on Conven- is engaged in a felony, including the facilita- into force for the United States by and with tional Armed Forces in Europe, approved by tion of the production or distribution of ille- the advice and consent of the Senate, as re- the Senate on May 14, 1997. gal drugs. quired by Article II, section 2 of the United (c) PROVISOS.—The resolution of ratifica- (2) SUPREMACY OF THE CONSTITUTION.— States Constitution. tion is subject to the following two provisos, Nothing in the Treaty requires or authorizes (b) DECLARATION.—The Senate’s advice and which shall not be included in the instru- legislation or other action by the United consent is subject to the following declara- ment of ratification to be signed by the States of America that is prohibited by the tion, which shall be binding on the Presi- President: Constitution of the United States as inter- dent: (1) LIMITATION ON ASSISTANCE.—Pursuant preted by the United States. TREATY INTERPRETATION.—The Senate af- to the rights of the United States under this firms the applicability to all treaties of the Treaty to deny requests which prejudice its Resolved (two-thirds of the Senators present constitutionally based principles of treaty essential public policy or interest, the concurring therein), That the Senate advise interpretation set forth in Condition (1) of United States shall deny a request for assist- and consent to the ratification of the Treaty the resolution of ratification of the INF ance when the Central Authority, after con- Between the Government of the United Treaty, approved by the Senate on May 27, sultation with all appropriate intelligence, States of America and the Government of 1988, and Condition (8) of the resolution of anti-narcotic, and foreign policy agencies, Saint Kitts and Nevis on Mutual Legal As- ratification of the Document Agreed Among has specific information that a senior gov- sistance in Criminal Matters, signed at the States Parties to the Treaty on Conven- ernment official who will have access to in- Basseterre on September 18, 1997, and a relat- tional Armed Forces in Europe, approved by formation to be provided under this Treaty ed exchange of notes signed at Bridgetown the Senate on May 14, 1997. is engaged in a felony, including the facilita- on October 29, 1997, and February 4, 1998 (c) PROVISOS.—The resolution of ratification of the production or distribution of ille- (Treaty Doc. 105–37), subject to the under- tion is subject to the following two provisos, gal drugs. standing of subsection (a), the declaration of which shall not be included in the instru- (2) SUPREMACY OF THE CONSTITUTION.— subsection (b), and the provisos of subsection ment of ratification to be signed by the Nothing in the Treaty requires or authorizes (c). President: legislation or other action by the United (a) UNDERSTANDING.—The Senate’s advice (1) LIMITATION ON ASSISTANCE.—Pursuant States of America that is prohibited by the and consent is subject to the following un- to the rights of the United States under this Constitution of the United States as inter- derstanding, which shall be included in the Treaty to deny requests which prejudice its preted by the United States. instrument of ratification: essential public policy or interest, the PROHIBITION ON ASSISTANCE TO THE INTER- United States shall deny a request for assist- Resolved (two-thirds of the Senators present NATIONAL CRIMINAL COURT.—The United ance when the Central Authority, after con- concurring therein), That the Senate advise States shall exercise its rights to limit the sultation with all appropriate intelligence, and consent to the ratification of the Treaty use of assistance it provides under the Trea- anti-narcotic, and foreign policy agencies, Between the United States of America and ty so that any assistance provided by the has specific information that a senior gov- the Republic of Latvia on Mutual Legal As- Government of the United States shall not November 12, 1998 CONGRESSIONAL RECORD — SENATE S12989 be transferred to or otherwise used to assist 1988, and Condition (8) of the resolution of anti-narcotic, and foreign policy agencies, the International Criminal Court agreed to ratification of the Document Agreed Among has specific information that a senior gov- in Rome, Italy, on July 17, 1998, unless the the States Parties to the Treaty on Conven- ernment official who will have access to in- treaty establishing the court has entered tional Armed Forces in Europe, approved by formation to be provided under this Treaty into force for the United States by and with the Senate on May 14, 1997. is engaged in a felony, including the facilita- the advice and consent of the Senate, as re- (c) PROVISOS.—The resolution of ratification of the production or distribution of ille- quired by Article II, section 2 of the United tion is subject to the following two provisos, gal drugs. States Constitution. which shall not be included in the instru- (2) SUPREMACY OF THE CONSTITUTION.— (b) DECLARATION.—The Senate’s advice and ment of ratification to be signed by the Nothing in the Treaty requires or authorizes consent is subject to the following declara- President: legislation or other action by the United tion, which shall be binding on the Presi- (1) LIMITATION ON ASSISTANCE. Pursuant to States of America that is prohibited by the dent: the rights of the United States under this Constitution of the United States as inter- TREATY INTERPRETATION.—The Senate af- Treaty to deny requests which prejudice its preted by the United States. firms the applicability to all treaties of the essential public policy or interest, the constitutionally based principles of treaty United States shall deny a request for assist- Resolved (two-thirds of the Senators present interpretation set forth in Condition (1) of ance when the Central Authority, after con- concurring therein), That the Senate advise the resolution of ratification of the INF sultation with all appropriate intelligence, and consent to the ratification of the Treaty Treaty, approved by the Senate on May 27, anti-narcotic, and foreign policy agencies, Between the Government of the United 1988, and Condition (8) of the resolution of has specific information that a senior gov- States of America and the Government of ratification of the Document Agreed Among ernment official who will have access to in- the Republic of Lithuania on Mutual Legal the States Parties to the Treaty on Conven- formation to be provided under this Treaty Assistance in Criminal Matters, signed at tional Armed Forces in Europe, approved by is engaged in a felony, including the facilita- Washington on January 16, 1998 (Treaty Doc. the Senate on May 14, 1997. tion of the production or distribution of ille- 105–41), subject to the understanding of sub- (c) PROVISOS.—The resolution of ratifica- gal drugs. section (a), the declaration of subsection (b), tion is subject to the following two provisos, (2) SUPREMACY OF THE CONSTITUTION.— and the provisos of subsection (c). which shall not be included in the instru- Nothing in the Treaty requires or authorizes (a) UNDERSTANDING.—The Senate’s advice ment of ratification to be signed by the legislation or other action by the United and consent is subject to the following un- President: States of America that is prohibited by the derstanding, which shall be included in the (1) LIMITATION ON ASSISTANCE.—Pursuant Constitution of the United States as inter- instrument of ratification: to the rights of the United States under this preted by the United States. PROHIBITION ON ASSISTANCE TO THE INTER- Treaty to deny requests which prejudice its NATIONAL CRIMINAL COURT.—The United essential public policy or interest, the Resolved (two-thirds of the Senators present States shall exercise its rights to limit the United States shall deny a request for assist- concurring therein), That the Senate advise use of assistance it provides under the Trea- ance when the Central Authority, after con- and consent to the ratification of the Treaty ty so that any assistance provided by the sultation with all appropriate intelligence, Between the Government of the United Government of the United States shall not anti-narcotic, and foreign policy agencies, States of America and the Government of be transferred to or otherwise used to assist has specific information that a senior gov- the State of Israel on Mutual Legal Assist- the International Criminal Court agreed to ernment official who will have access to in- ance in Criminal Matters, signed at Jerusa- in Rome, Italy, on July 17, 1998, unless the formation to be provided under this Treaty lem on January 26, 1998, and a related ex- treaty establishing the court has entered is engaged in a felony, including the facilita- change of notes signed the same date (Treaty into force for the United States by and with tion of the production or distribution of ille- Doc. 105–40), subject to the understanding of the advice and consent of the Senate, as re- gal drugs. subsection (a), the declaration of subsection quired by Article II, section 2 of the United (2) SUPREMACY OF THE CONSTITUTION.— (b), and the provisos of subsection (c). States Constitution. Nothing in the Treaty requires or authorizes (a) UNDERSTANDING.—The Senate’s advice (b) DECLARATION.—The Senate’s advice and legislation or other action by the United and consent is subject to the following un- consent is subject to the following declara- States of America that is prohibited by the derstanding, which shall be included in the tion, which shall be binding on the Presi- Constitution of the United States as inter- instrument of ratification: dent: preted by the United States. PROHIBITION ON ASSISTANCE TO THE INTER- TREATY INTERPRETATION.—The Senate af- NATIONAL CRIMINAL COURT.—The United firms the applicability to all treaties of the Resolved (two-thirds of the Senators present States shall exercise its rights to limit the constitutionally based principles of treaty concurring therein), That the Senate advise use of assistance it provides under the Trea- interpretation set forth in Condition (1) of and consent to the ratification of the Treaty ty so that any assistance provided by the the resolution of ratification of the INF Between the Government of the United Government of the United States shall not Treaty, approved by the Senate on May 27, States of America and the Government of be transferred to or otherwise used to assist 1988, and Condition (8) of the resolution of the Republic of Venezuela on Mutual Legal the International Criminal Court agreed to ratification of the Document Agreed Among Assistance in Criminal Matters, signed at in Rome, Italy, on July 17, 1998, unless the the States Parties to the Treaty on Conven- Caracas on October 12, 1997 (Treaty Doc. 105– treaty establishing the court has entered tional Armed Forces in Europe, approved by 38), subject to the understanding of sub- into force for the United States by and with the Senate on May 14, 1997. section (a), the declaration of subsection (b), the advice and consent of the Senate, as re- (c) PROVISOS.—The resolution of ratifica- and the provisos of subsection (c). quired by Article II, section 2 of the United tion is subject to the following two provisos, (a) UNDERSTANDING.—The Senate’s advice States Constitution. which shall not be included in the instru- and consent is subject to the following un- (b) DECLARATION.—The Senate’s advice and ment of ratification to be signed by the derstanding, which shall be included in the consent is subject to the following declara- President: instrument of ratification: tion, which shall be binding on the Presi- (1) LIMITATION ON ASSISTANCE.—Pursuant PROHIBITION ON ASSISTANCE TO THE INTER- dent: to the rights of the United States under this NATIONAL CRIMINAL COURT.—The United TREATY INTERPRETATION.—The Senate af- Treaty to deny requests which prejudice its States shall exercise its rights to limit the firms the applicability to all treaties of the essential public policy or interest, the use of assistance it provides under the Trea- constitutionally based principles of treaty United States shall deny a request for assist- ty so that any assistance provided by the interpretation set forth in Condition (1) of ance when the Central Authority, after con- Government of the United States shall not the resolution of ratification of the INF sultation with all appropriate intelligence, be transferred to or otherwise used to assist Treaty, approved by the Senate on May 27, anti-narcotic, and foreign policy agencies, the International Criminal Court agreed to 1988, and Condition (8) of the resolution of has specific information that a senior gov- in Rome, Italy, on July 17, 1998, unless the ratification of the Document Agreed Among ernment official who will have access to in- treaty establishing the court has entered the States Parties to the Treaty on Conven- formation to be provided under this Treaty into force for the United States by and with tional Armed Forces in Europe, approved by is engaged in a felony, including the facilita- the advice and consent of the Senate, as re- the Senate on May 14, 1997. tion of the production or distribution of ille- quired by Article II, section 2 of the United (c) PROVISOS.—The resolution of ratifica- gal drugs. States Constitution. tion is subject to the following two provisos, (2) SUPREMACY OF THE CONSTITUTION.— (b) DECLARATION.—The Senate’s advice and which shall not be included in the instru- Nothing in the Treaty requires or authorizes consent is subject to the following declara- ment of ratification to be signed by the legislation or other action by the United tion, which shall be binding on the Presi- President: States of America that is prohibited by the dent: (1) LIMITATION ON ASSISTANCE.—Pursuant Constitution of the United States as inter- TREATY INTERPRETATION.—The Senate af- to the rights of the United States under this preted by the United States. firms the applicability to all treaties of the Treaty to deny requests which prejudice its Resolved (two-thirds of the Senators present constitutionally based principles of treaty essential public policy or interest, the concurring therein), That the Senate advise interpretation set forth in Condition (1) of United States shall deny a request for assist- and consent to the ratification of the Treaty the resolution of ratification of the INF ance when the Central Authority, after con- Between the Government of the United Treaty, approved by the Senate on May 27, sultation with all appropriate intelligence, States of America and the Government of S12990 CONGRESSIONAL RECORD — SENATE November 12, 1998 the Federative Republic of Brazil on Mutual into force for the United States by and with ment of ratification to be signed by the Legal Assistance in Criminal Matters, signed the advice and consent of the Senate, as re- President: at Brasilia on October 14, 1997 (Treaty Doc. quired by Article II, section 2 of the United (1) LIMITATION ON ASSISTANCE.—Pursuant 105–42), subject to the understanding of sub- States Constitution. to the rights of the United States under this section (a), the declaration of subsection (b), (b) DECLARATION.—The Senate’s advice and Treaty to deny requests which prejudice its and the provisos of subsection (c). consent is subject to the following declara- essential public policy or interest, the (a) UNDERSTANDING.—The Senate’s advice tion, which shall be binding on the Presi- United States shall deny a request for assist- and consent is subject to the following un- dent: ance when the Central Authority, after con- derstanding, which shall be included in the TREATY INTERPRETATION.—The Senate af- sultation with all appropriate intelligence, instrument of ratification: firms the applicability to all treaties of the anti-narcotic, and foreign policy agencies, PROHIBITION ON ASSISTANCE TO THE INTER- constitutionally based principles of treaty has specific information that a senior gov- NATIONAL CRIMINAL COURT.—The United interpretation set forth in Condition (1) of ernment official who will have access to in- States shall exercise its rights to limit the the resolution of ratification of the INF formation to be provided under this Treaty use of assistance it provides under the Trea- Treaty, approved by the Senate on May 27, is engaged in a felony, including the facilita- ty so that any assistance provided by the 1988, and Condition (8) of the resolution of tion of the production or distribution of ille- Government of the United States shall not ratification of the Document Agreed Among gal drugs. be transferred to or otherwise used to assist the States Parties to the Treaty on Conven- (2) SUPREMACY OF THE CONSTITUTION.— the International Criminal Court agreed to tional Armed Forces in Europe, approved by Nothing in the Treaty requires or authorizes in Rome, Italy, on July 17, 1998, unless the the Senate on May 14, 1997. legislation or other action by the United treaty establishing the court has entered (c) PROVISOS.—The resolution of ratifica- States of America that is prohibited by the into force for the United States by and with tion is subject to the following two provisos, Constitution of the United States as inter- the advice and consent of the Senate, as re- which shall not be included in the instru- preted by the United States. ment of ratification to be signed by the quired by Article II, section 2 of the United Resolved (two-thirds of the Senators present President: States Constitution. concurring therein), That the Senate advise (b) DECLARATION.—The Senate’s advice and (1) LIMITATION ON ASSISTANCE.—Pursuant and consent to the ratification of the Treaty consent is subject to the following declara- to the rights of the United States under this Between the Government of the United tion, which shall be binding on the Presi- Treaty to deny requests which prejudice its States of America and the Government of dent: essential public policy or interest, the the Republic of Estonia on Mutual Legal As- TREATY INTERPRETATION.—The Senate af- United States shall deny a request for assist- firms the applicability to all treaties of the ance when the Central Authority, after con- sistance in Criminal Matters, signed at constitutionally based principles of treaty sultation with all appropriate intelligence, Washington on April 2, 1998 (Treaty Doc. 105– 52), and an Exchange of Notes dated Septem- interpretation set forth in Condition (1) of anti-narcotic, and foreign policy agencies, ber 16 and 17, 1998 (EC–7063), subject to the the resolution of ratification of the INF has specific information that a senior gov- understanding of subsection (a), the declara- Treaty, approved by the Senate on May 27, ernment official who will have access to in- tion of subsection (b), and the provisos of 1988, and Condition (8) of the resolution of formation to be provided under this Treaty subsection (c). ratification of the Document Agreed Among is engaged in a felony, including the facilita- (a) UNDERSTANDING.—The Senate’s advice the States Parties to the Treaty on Conven- tion of the production or distribution of ille- and consent is subject to the following un- tional Armed Forces in Europe, approved by gal drugs. derstanding, which shall be included in the the Senate on May 14, 1997. (2) SUPREMACY OF THE CONSTITUTION.— instrument of ratification: (c) PROVISOS.—The resolution of ratifica- Nothing in the Treaty requires or authorizes PROHIBITION ON ASSISTANCE TO THE INTER- tion is subject to the following two provisos, legislation or other action by the United NATIONAL CRIMINAL COURT.—The United which shall not be included in the instru- States of America that is prohibited by the States shall exercise its rights to limit the ment of ratification to be signed by the Constitution of the United States as inter- use of assistance it provides under the Trea- President: preted by the United States. ty so that any assistance provided by the (1) LIMITATION ON ASSISTANCE.—Pursuant Government of the United States shall not to the rights of the United States under this Resolved (two-thirds of the Senators present be transferred to or otherwise used to assist Treaty to deny requests which prejudice its concurring therein), That the Senate advise the International Criminal Court agreed to essential public policy or interest, the and consent to the ratification of the Treaty in Rome, Italy, on July 17, 1998, unless the United States shall deny a request for assist- Between the United States of America and treaty establishing the court has entered ance when the Central Authority, after con- the Czech Republic on Mutual Legal Assist- into force for the United States by and with sultation with all appropriate intelligence, ance in Criminal Matters, signed at Wash- the advice and consent of the Senate, as re- anti-narcotic, and foreign policy agencies, ington on February 4, 1998 (Treaty Doc. 105– quired by Article II, section 2 of the United has specific information that a senior gov- 47), subject to the understanding of sub- States Constitution. ernment official who will have access to in- section (a), the declaration of subsection (b), (b) DECLARATION.—The Senate’s advice and formation to be provided under this Treaty and the provisos of subsection (c). consent is subject to the following declara- is engaged in a felony, including the facilita- (a) UNDERSTANDING.—The Senate’s advice tion, which shall be binding on the Presi- tion of the production or distribution of ille- and consent is subject to the following un- dent: gal drugs. derstanding, which shall be included in the TREATY INTERPRETATION.—The Senate af- (2) SUPREMACY OF THE CONSTITUTION.— instrument of ratification: firms the applicability to all treaties of the Nothing in the Treaty requires or authorizes PROHIBITION ON ASSISTANCE TO THE INTER- constitutionally based principles of treaty legislation or other action by the United NATIONAL CRIMINAL COURT.—The United interpretation set forth in Condition (1) of States of America that is prohibited by the States shall exercise its rights to limit the the resolution of ratification of the INF Constitution of the United States as inter- use of assistance it provides under the Trea- Treaty, approved by the Senate on May 27, preted by the United States. ty so that any assistance provided by the 1988, and Condition (8) of the resolution of Government of the United States shall not ratification of the Document Agreed Among Resolved (two-thirds of the Senators present be transferred to or otherwise used to assist the States Parties to the Treaty on Conven- concurring therein), That the Senate advise the International Criminal Court agreed to tional Armed Forces in Europe, approved by and consent to the ratification of the Treaty in Rome, Italy, on July 17, 1998, unless the the Senate on May 14, 1997. Between the Government of the United treaty establishing the court has entered (c) PROVISOS.—The resolution of ratifica- States of America and the Government of into force for the United States by and with tion is subject to the following two provisos, Saint Vincent and the Grenadines on Mutual the advice and consent of the Senate, as re- which shall not be included in the instru- Legal Assistance in Criminal Matters, and a quired by Article II, section 2 of the United ment of ratification to be signed by the Related Protocol, signed at Kingstown on States Constitution. President: January 8, 1998 (Treaty Doc. 105–44), subject (b) DECLARATION.—The Senate’s advice and (1) LIMITATION ON ASSISTANCE.—Pursuant to the understanding of subsection (a), the consent is subject to the following declara- to the rights of the United States under this declaration of subsection (b), and the provi- tion, which shall be binding on the Presi- Treaty to deny requests which prejudice its sos of subsection (c). dent: essential public policy or interest, the (a) UNDERSTANDING.—The Senate’s advice TREATY INTERPRETATION.—The Senate af- United States shall deny a request for assist- and consent is subject to the following un- firms the applicability to all treaties of the ance when the Central Authority, after con- derstanding, which shall be included in the constitutionally based principles of treaty sultation with all appropriate intelligence, instrument of ratification: interpretation set forth in Condition (1) of anti-narcotic, and foreign policy agencies, PROHIBITION ON ASSISTANCE TO THE INTER- the resolution of ratification of the INF has specific information that a senior gov- NATIONAL CRIMINAL COURT.—The United Treaty, approved by the Senate on May 27, ernment official who will have access to in- States shall exercise its rights to limit the 1988, and Condition (8) of the resolution of formation to be provided under this Treaty use of assistance it provides under the Trea- ratification of the Document Agreed Among is engaged in a felony, including the facilita- ty so that any assistance provided by the the States Parties to the Treaty on Conven- tion of the production or distribution of ille- Government of the United States shall not tional Armed Forces in Europe, approved by gal drugs. be transferred to or otherwise used to assist the Senate on May 14, 1997. (2) SUPREMACY OF THE CONSTITUTION.— the International Criminal Court agreed to (c) PROVISOS.—The resolution of ratifica- Nothing in the Treaty requires or authorizes in Rome, Italy, on July 17, 1998, unless the tion is subject to the following two provisos, legislation or other action by the United treaty establishing the court has entered which shall not be included in the instru- States of S12995America that is prohibited by the November 12, 1998 CONGRESSIONAL RECORD — SENATE S12991 Constitution of the United States as inter- embourg by the United States to the Inter- America that is prohibited by the Constitu- preted by the United States. national Criminal Court agreed to in Rome, tion of the United States as interpreted by Italy, on July 17, 1998, unless the treaty es- the United States. Resolved (two-thirds of the Senators present tablishing that Court has entered into force concurring therein), That the Senate advise for the United States by and with the advice and consent to the ratification of the Extra- and consent of the Senate, as required by Ar- Resolved (two-thirds of the Senators present dition Treaty between the United States of ticle II, section 2 of the United States Con- concurring therein), That the Senate advise America and France, which includes an stitution. and consent to the ratification of the Third Agreed Minute, signed at Paris on April 23, (b) DECLARATION.—The Senate’s advice and Supplementary Extradition Treaty Between 1996 (Treaty Doc. 105–13), subject to the un- consent is subject to the following declara- the United States of America and the King- derstanding of subsection (a), the declaration tion, which shall be binding on the Presi- dom of Spain, signed at Madrid on March 12, of subsection (b), and the proviso of sub- dent: 1996 (Treaty Doc. 105–15), subject to the dec- section (c). TREATY INTERPRETATION.—The Senate af- laration of subsection (a), and the proviso of (a) UNDERSTANDING.—The Senate’s advice firms the applicability to all treaties of the subsection (b). and consent is subject to the following un- constitutionally based principles of treaty (a) DECLARATION.—The Senate’s advice and derstanding, which shall be included in the interpretation set forth in Condition (1) of consent is subject to the following declara- instrument of ratification: the resolution of ratification of the INF tion, which shall be binding on the Presi- PROHIBITION ON EXTRADITION TO THE INTER- Treaty, approved by the Senate on May 27, dent: NATIONAL CRIMINAL COURT.—The United 1988, and Condition (8) of the resolution of States understands that the protections con- ratification of the Document Agreed Among TREATY INTERPRETATION.—The Senate af- tained in Articles 19 and 20 concerning the the States Parties to the Treaty on Conven- firms the applicability to all treaties of the Rule of Specialty would preclude the re- tional Armed Forces in Europe, approved by constitutionally based principles of treaty surrender of any person from the United the Senate on May 14, 1997. interpretation set forth in Condition (1) of States to the International Criminal Court (c) PROVISO.—The resolution of ratification the resolution of ratification of the INF agreed to in Rome, Italy, on July 17, 1998, un- is subject to the following proviso, which Treaty, approved by the Senate on May 27, less the United States consents to such re- shall not be included in the instrument of 1988, and Condition (8) of the resolution of surrender; and the United States shall not ratification to be signed by the President: ratification of the Document Agreed Among consent to the transfer of any person extra- SUPREMACY OF THE CONSTITUTION.—Nothing the States Parties to the Treaty on Conven- dited to France by the United States to the in the Treaty requires or authorizes legisla- tional Armed Forces in Europe, approved by International Criminal Court agreed to in tion or other action by the United States of the Senate on May 14, 1997. Rome, Italy, on July 17, 1998, unless the trea- America that is prohibited by the Constitu- (b) PROVISO.—The resolution of ratification ty establishing that Court has entered into tion of the United States as interpreted by is subject to the following proviso, which force for the United States by and with the the United States. shall not be included in the instrument of advice and consent of the Senate, as required ratification to be signed by the President: by Article II, section 2 of the United States Resolved (two-thirds of the Senators present SUPREMACY OF THE CONSTITUTION.—Nothing concurring therein), That the Senate advise Constitution. in the Treaty requires or authorizes legisla- (b) DECLARATION.—The Senate’s advice and and consent to the ratification of the Extra- tion or other action by the United States of consent is subject to the following declara- dition Treaty Between the United States of America that is prohibited by the Constitu- tion, which shall be binding on the Presi- America and the Republic of Poland, signed tion of the United States as interpreted by dent: at Washington on July 10, 1996 (Treaty Doc. the United States. TREATY INTERPRETATION.—The Senate af- 105–14), subject to the understanding of sub- firms the applicability to all treaties of the section (a), the declaration of subsection (b), constitutionally based principles of treaty and the proviso of subsection (c). Resolved (two-thirds of the Senators present interpretation set forth in Condition (1) of (a) UNDERSTANDING.—The Senate’s advice concurring therein), That the Senate advise the resolution of ratification of the INF and consent is subject to the following un- and consent to the ratification of the Extra- Treaty, approved by the Senate on May 27, derstanding, which shall be included in the dition Treaty Between the Government of 1988, and Condition (8) of the resolution of instrument of ratification: the United States of America and the Gov- ratification of the Document Agreed Among PROHIBITION ON EXTRADITION TO THE INTER- ernment of the Republic of Cyprus, signed at the States Parties to the Treaty on Conven- NATIONAL CRIMINAL COURT.—The United Washington on June 17, 1996 (Treaty Doc. tional Armed Forces in Europe, approved by States understands that the protections con- 105–16), subject to the understanding of sub- the Senate on May 14, 1997. tained in Article 19 concerning the Rule of section (a), the declaration of subsection (b), (c) PROVISO.—The resolution of ratification Specialty would preclude the resurrender of and the proviso of subsection (c). is subject to the following proviso, which any person from the United States to the shall not be included in the instrument of International Criminal Court agreed to in (a) UNDERSTANDING.—The Senate’s advice ratification to be signed by the President: Rome, Italy, on July 17, 1998, unless the and consent is subject to the following un- SUPREMACY OF THE CONSTITUTION.—Nothing United States consents to such resurrender; derstanding, which shall be included in the in the Treaty requires or authorizes legisla- and the United States shall not consent to instrument of ratification: tion or other action by the United States of the transfer of any person extradited to Po- PROHIBITION ON EXTRADITION TO THE INTER- America that is prohibited by the Constitu- land by the United States to the Inter- NATIONAL CRIMINAL COURT.—The United tion of the United States as interpreted by national Criminal Court agreed to in Rome, States understands that the protections con- the United States. Italy, on July 17, 1998, unless the treaty es- tained in Article 16 concerning the Rule of tablishing that Court has entered into force Specialty would preclude the resurrender of Resolved (two-thirds of the Senators present for the United States by and with the advice any person from the United States to the concurring therein), That the Senate advise and consent of the Senate, as required by Ar- International Criminal Court agreed to in and consent to the ratification of the Extra- ticle II, section 2 of the United States Con- Rome, Italy, on July 17, 1998, unless the dition Treaty Between the Government of stitution. United States consents to such resurrender; the United States of America and the Gov- (b) DECLARATION.—The Senate’s advice and and the United States shall not consent to ernment of the Grand Duchy of Luxembourg, consent is subject to the following declara- the transfer of any person extradited to Cy- signed at Washington on October 1, 1996 tion, which shall be binding on the Presi- prus by the United States to the Inter- (Treaty Doc. 105–10), subject to the under- dent: national Criminal Court agreed to in Rome, standing of subsection (a), the declaration of TREATY INTERPRETATION.—The Senate af- Italy, on July 17, 1998, unless the treaty es- subsection (b), and the proviso of subsection firms the applicability to all treaties of the tablishing that Court has entered into force (c). constitutionally based principles of treaty for the United States by and with the advice (a) UNDERSTANDING.—The Senate’s advice interpretation set forth in Condition (1) of and consent of the Senate, as required by Ar- and consent is subject to the following un- the resolution of ratification of the INF ticle II, section 2 of the United States Con- derstanding, which shall be included in the Treaty, approved by the Senate on May 27, stitution. instrument of ratification: 1988, and Condition (8) of the resolution of (b) DECLARATION.—The Senate’s advice and PROHIBITION ON EXTRADITION TO THE INTER- ratification of the Document Agreed Among consent is subject to the following declara- NATIONAL CRIMINAL COURT.—The United the States Parties to the Treaty on Conven- tion, which shall be binding on the Presi- States understands that the protections con- tional Armed Forces in Europe, approved by dent: tained in Article 17 concerning the Rule of the Senate on May 14, 1997. Specialty would preclude the resurrender of (c) PROVISO.—The resolution of ratification TREATY INTERPRETATION.—The Senate af- any person from the United States to the is subject to the following proviso, which firms the applicability to all treaties of the International Criminal Court agreed to in shall not be included in the instrument of constitutionally based principles of treaty Rome, Italy, on July 17, 1998, unless the ratification to be signed by the President: interpretation set forth in Condition (1) of United States consents to such resurrender; SUPREMACY OF THE CONSTITUTION.—Nothing the resolution of ratification of the INF and the United States shall not consent to in the Treaty requires or authorizes legisla- Treaty, approved by the Senate on May 27, the transfer of any person extradited to Lux- tion or other action by the United States of 1988, and Condition (8) of the resolution of S12992 CONGRESSIONAL RECORD — SENATE November 12, 1998 ratification of the Document Agreed Among States understands that the protections con- the States Parties to the Treaty on Conven- the States Parties to the Treaty on Conven- tained in Article 14 concerning the Rule of tional Armed Forces in Europe, approved by tional Armed Forces in Europe, approved by Specialty would preclude the resurrender of the Senate on May 14, 1997. the Senate on May 14, 1997. any person from the United States to the (c) PROVISO.—The resolution of ratification (c) PROVISO.—The resolution of ratification International Criminal Court agreed to in is subject to the following proviso, which is subject to the following proviso, which Rome, Italy, on July 17, 1998, unless the shall not be included in the instrument of shall not be included in the instrument of United States consents to such resurrender; ratification to be signed by the President: ratification to be signed by the President: and the United States shall not consent to SUPREMACY OF THE CONSTITUTION.—Nothing SUPREMACY OF THE CONSTITUTION.—Nothing the transfer of any person extradited to An- in the Treaty requires or authorizes legisla- in the Treaty requires or authorizes legisla- tigua and Barbuda by the United States to tion or other action by the United States of tion or other action by the United States of the International Criminal Court agreed to America that is prohibited by the Constitu- America that is prohibited by the Constitu- in Rome, Italy, on July 17, 1998, unless the tion of the United States as interpreted by tion of the United States as interpreted by treaty establishing that Court has entered the United States. the United States. into force for the United States by and with Resolved (two-thirds of the Senators present the advice and consent of the Senate, as re- Resolved (two-thirds of the Senators present concurring therein), That the Senate advise quired by Article II, section 2 of the United concurring therein), That the Senate advise and consent to the ratification of the Extra- States Constitution. and consent to the ratification of the Extra- dition Treaty Between the Government of (b) DECLARATION.—The Senate’s advice and dition Treaty Between the United States of consent is subject to the following declara- the United States of America and the Gov- America and the Argentine Republic, signed ernment of Grenada, signed at St. George’s tion, which shall be binding on the Presi- at Buenos Aires on June 10, 1997 (Treaty Doc. on May 30, 1996 (Treaty Doc. 105–19), subject dent: 105–18), subject to the understanding of sub- to the understanding of subsection (a), the TREATY INTERPRETATION.—The Senate af- section (a), the declaration of subsection (b), firms the applicability to all treaties of the declaration of subsection (b), and the proviso and the proviso of subsection (c). constitutionally based principles of treaty of subsection (c). (a) UNDERSTANDING.—The Senate’s advice (a) UNDERSTANDING.—The Senate’s advice interpretation set forth in Condition (1) of and consent is subject to the following un- and consent is subject to the following un- the resolution of ratification of the INF derstanding, which shall be included in the derstanding, which shall be included in the Treaty, approved by the Senate on May 27, instrument of ratification: instrument of ratification: PROHIBITION ON EXTRADITION TO THE INTER- 1988, and Condition (8) of the resolution of PROHIBITION ON EXTRADITION TO THE INTER- NATIONAL CRIMINAL COURT.—The United ratification of the Document Agreed Among NATIONAL CRIMINAL COURT.—The United States understands that the protections con- the States Parties to the Treaty on Conven- States understands that the protections contained in Article 16 concerning the Rule of tional Armed Forces in Europe, approved by tained in Article 14 concerning the Rule of Specialty would preclude the resurrender of the Senate on May 14, 1997. Specialty would preclude the resurrender of any person from the United States to the (c) PROVISO.—The resolution of ratification any person from the United States to the International Criminal Court agreed to in is subject to the following proviso, which International Criminal Court agreed to in Rome, Italy, on July 17, 1998, unless the shall not be included in the instrument of Rome, Italy, on July 17, 1998, unless the United States consents to such resurrender; ratification to be signed by the President: United States consents to such resurrender; and the United States shall not consent to SUPREMACY OF THE CONSTITUTION.—Nothing and the United States shall not consent to the transfer of any person extradited to Ar- in the Treaty requires or authorizes legisla- the transfer of any person extradited to Gre- gentina by the United States to the Inter- tion or other action by the United States of nada by the United States to the Inter- national Criminal Court agreed to in Rome, America that is prohibited by the Constitu- national Criminal Court agreed to in Rome, Italy, on July 17, 1998, unless the treaty es- tion of the United States as interpreted by Italy, on July 17, 1998, unless the treaty establishing that Court has entered into force the United States. tablishing that Court has entered into force for the United States by and with the advice for the United States by and with the advice Resolved (two-thirds of the Senators present and consent of the Senate, as required by Ar- and consent of the Senate, as required by Ar- concurring therein), That the Senate advise ticle II, section 2 of the United States Con- ticle II, section 2 of the United States Con- and consent to the ratification of the Extra- stitution. stitution. (b) DECLARATION.—The Senate’s advice and dition Treaty Between the Government of (b) DECLARATION.—The Senate’s advice and consent is subject to the following declara- the United States of America and the Gov- consent is subject to the following declaration, which shall be binding on the Presi- ernment of Dominica, signed at Roseau on tion, which shall be binding on the Presi- dent: October 10, 1996 (Treaty Doc. 105–19), subject dent: TREATY INTERPRETATION.—The Senate af- to the understanding of subsection (a), the TREATY INTERPRETATION.—The Senate affirms the applicability to all treaties of the declaration of subsection (b), and the proviso firms the applicability to all treaties of the constitutionally based principles of treaty of subsection (c). constitutionally based principles of treaty interpretation set forth in Condition (1) of (a) UNDERSTANDING.—The Senate’s advice interpretation set forth in Condition (1) of the resolution of ratification of the INF and consent is subject to the following un- the resolution of ratification of the INF Treaty, approved by the Senate on May 27, derstanding, which shall be included in the Treaty, approved by the Senate on May 27, 1988, and Condition (8) of the resolution of instrument of ratification: 1988, and Condition (8) of the resolution of ratification of the Document Agreed Among PROHIBITION ON EXTRADITION TO THE INTER- ratification of the Document Agreed Among the States Parties to the Treaty on Conven- NATIONAL CRIMINAL COURT.—The United the States Parties to the Treaty on Conven- tional Armed Forces in Europe, approved by States understands that the protections con- tional Armed Forces in Europe, approved by the Senate on May 14, 1997. tained in Article 14 concerning the Rule of the Senate on May 14, 1997. (c) PROVISO.—The resolution of ratification Specialty would preclude the resurrender of (c) PROVISO.—The resolution of ratification is subject to the following proviso, which any person from the United States to the is subject to the following proviso, which shall not be included in the instrument of International Criminal Court agreed to in shall not be included in the instrument of ratification to be signed by the President: Rome, Italy, on July 17, 1998, unless the ratification to be signed by the President: SUPREMACY OF THE CONSTITUTION.—Nothing United States consents to such resurrender; SUPREMACY OF THE CONSTITUTION.—Nothing in the Treaty requires or authorizes legisla- and the United States shall not consent to in the Treaty requires or authorizes legislation or other action by the United States of the transfer of any person extradited to tion or other action by the United States of America that is prohibited by the Constitu- Dominica by the United States to the Inter- America that is prohibited by the Constitu- tion of the United States as interpreted by national Criminal Court agreed to in Rome, tion of the United States as interpreted by the United States. Italy, on July 17, 1998, unless the treaty es- the United States. tablishing that Court has entered into force Resolved (two-thirds of the Senators present for the United States by and with the advice Resolved (two-thirds of the Senators present concurring therein), That the Senate advise and consent of the Senate, as required by Ar- concurring therein), That the Senate advise and consent to the ratification of the Extra- ticle II, section 2 of the United States Con- and consent to the ratification of the Extra- dition Treaty Between the Government of stitution. dition Treaty Between the Government of the United States of America and the Gov- (b) DECLARATION.—The Senate’s advice and the United States of America and the Gov- ernment of Antigua and Barbuda, signed at consent is subject to the following declara- ernment of Saint Lucia, signed at Castries St. John’s on June 3, 1996 (Treaty Doc. 105– tion, which shall be binding on the Presi- on April 18, 1996 (Treaty Doc. 105–19), subject 19), subject to the understanding of sub- dent: to the understanding of subsection (a), the section (a), the declaration of subsection (b), TREATY INTERPRETATION.—The Senate af- declaration of subsection (b), and the proviso and the proviso of subsection (c). firms the applicability to all treaties of the of subsection (c). (a) UNDERSTANDING.—The Senate’s advice constitutionally based principles of treaty (a) UNDERSTANDING.—The Senate’s advice and consent is subject to the following un- interpretation set forth in Condition (1) of and consent is subject to the following understanding, which shall be included in the the resolution of ratification of the INF derstanding, which shall be included in the instrument of ratification: Treaty, approved by the Senate on May 27, instrument of ratification: PROHIBITION ON EXTRADITION TO THE INTER- 1988, and Condition (8) of the resolution of PROHIBITION ON EXTRADITION TO THE INTER- NATIONAL CRIMINAL COURT.—The United ratification of the Document Agreed Among NATIONAL CRIMINAL COURT.—The United November 12, 1998 CONGRESSIONAL RECORD — SENATE S12993

States understands that the protections con- the States Parties to the Treaty on Conven- PROHIBITION ON EXTRADITION TO THE INTER- tained in Article 14 concerning the Rule of tional Armed Forces in Europe, approved by NATIONAL CRIMINAL COURT.—The United Specialty would preclude the resurrender of the Senate on May 14, 1997. States understands that the protections con- any person from the United States to the (c) PROVISO.—The resolution of ratification tained in Article 14 concerning the Rule of International Criminal Court agreed to in is subject to the following proviso, which Specialty would preclude the resurrender of Rome, Italy, on July 17, 1998, unless the shall not be included in the instrument of any person from the United States to the United States consents to such resurrender; ratification to be signed by the President: International Criminal Court agreed to in and the United States shall not consent to SUPREMACY OF THE CONSTITUTION.—Nothing Rome, Italy, on July 17, 1998, unless the the transfer of any person extradited to in the Treaty requires or authorizes legisla- United States consents to such resurrender; Saint Lucia by the United States to the tion or other action by the United States of and the United States shall not consent to International Criminal Court agreed to in America that is prohibited by the Constitu- the transfer of any person extradited to Bar- Rome, Italy, on July 17, 1998, unless the trea- tion of the United States as interpreted by bados by the United States to the Inter- ty establishing that Court has entered into the United States. national Criminal Court agreed to in Rome, force for the United States by and with the Italy, on July 17, 1998, unless the treaty es- advice and consent of the Senate, as required Resolved (two-thirds of the Senators present tablishing that Court has entered into force by Article II, section 2 of the United States concurring therein), That the Senate advise for the United States by and with the advice Constitution. and consent to the ratification of the Extra- and consent of the Senate, as required by Ar- (b) DECLARATION.—The Senate’s advice and dition Treaty Between the Government of ticle II, section 2 of the United States Con- consent is subject to the following declara- the United States of America and the Gov- stitution. tion, which shall be binding on the Presi- ernment of Saint Vincent and the Grena- (b) DECLARATION.—The Senate’s advice and dent: dines, signed at Kingstown on August 15, 1996 consent is subject to the following declara- TREATY INTERPRETATION.—The Senate af- (Treaty Doc. 105–19), subject to the under- tion, which shall be binding on the Presi- firms the applicability to all treaties of the standing of subsection (a), the declaration of dent: constitutionally based principles of treaty subsection (b), and the proviso of subsection TREATY INTERPRETATION.—The Senate af- interpretation set forth in Condition (1) of (c). firms the applicability to all treaties of the the resolution of ratification of the INF (a) UNDERSTANDING.—The Senate’s advice constitutionally based principles of treaty Treaty, approved by the Senate on May 27, and consent is subject to the following un- interpretation set forth in Condition (1) of 1988, and Condition (8) of the resolution of derstanding, which shall be included in the the resolution of ratification of the INF ratification of the Document Agreed Among instrument of ratification: Treaty, approved by the Senate on May 27, the States Parties to the Treaty on Conven- PROHIBITION ON EXTRADITION TO THE INTER- 1988, and Condition (8) of the resolution of tional Armed Forces in Europe, approved by NATIONAL CRIMINAL COURT.—The United ratification of the Document Agreed Among the Senate on May 14, 1997. States understands that the protections con- the States Parties to the Treaty on Conven- (c) PROVISO.—The resolution of ratification tained in Article 14 concerning the Rule of tional Armed Forces in Europe, approved by is subject to the following proviso, which Specialty would preclude the resurrender of the Senate on May 14, 1997. shall not be included in the instrument of any person from the United States to the (c) PROVISO.—The resolution of ratification ratification to be signed by the President: International Criminal Court agreed to in is subject to the following proviso, which SUPREMACY OF THE CONSTITUTION.—Nothing Rome, Italy, on July 17, 1998, unless the shall not be included in the instrument of in the Treaty requires or authorizes legisla- United States consents to such resurrender; ratification to be signed by the President: tion or other action by the United States of and the United States shall not consent to SUPREMACY OF THE CONSTITUTION.—Nothing America that is prohibited by the Constitu- the transfer of any person extradited to in the Treaty requires or authorizes legislation of the United States as interpreted by Saint Vincent by the United States to the tion or other action by the United States of the United States. International Criminal Court agreed to in America that is prohibited by the Constitu- Rome, Italy, on July 17, 1998, unless the trea- tion of the United States as interpreted by Resolved (two-thirds of the Senators present ty establishing that Court has entered into the United States. concurring therein), That the Senate advise force for the United States by and with the and consent to the ratification of the Extra- advice and consent of the Senate, as required Resolved (two-thirds of the Senators present dition Treaty Between the Government of by Article II, section 2 of the United States concurring therein), That the Senate advise the United States of America and the Gov- Constitution. and consent to the ratification of the Extra- ernment of Saint Kitts and Nevis, signed at (b) DECLARATION.—The Senate’s advice and dition Treaty Between the Government of Basseterre on September 18, 1996 (Treaty consent is subject to the following declara- the United States of America and the Gov- Doc. 105–19), subject to the understanding of tion, which shall be binding on the Presi- ernment of Trinidad and Tobago, signed at subsection (a), the declaration of subsection dent: Port of Spain on March 4, 1996 (Treaty Doc. (b), and the proviso of subsection (c). TREATY INTERPRETATION.—The Senate af- 105-21), subject to the understanding of sub- (a) UNDERSTANDING.—The Senate’s advice firms the applicability to all treaties of the section (a), the declaration of subsection (b), and consent is subject to the following un- constitutionally based principles of treaty and the proviso of subsection (c). derstanding, which shall be included in the interpretation set forth in Condition (1) of (a) UNDERSTANDING.—The Senate’s advice instrument of ratification: the resolution of ratification of the INF and consent is subject to the following un- PROHIBITION ON EXTRADITION TO THE INTER- Treaty, approved by the Senate on May 27, derstanding, which shall be included in the NATIONAL CRIMINAL COURT.—The United 1988, and Condition (8) of the resolution of instrument of ratification: States understands that the protections con- ratification of the Document Agreed Among PROHIBITION ON EXTRADITION TO THE INTER- tained in Article 14 concerning the Rule of the States Parties to the Treaty on Conven- NATIONAL CRIMINAL COURT.—The United Specialty would preclude the resurrender of tional Armed Forces in Europe, approved by States understands that the protections con- any person from the United States to the the Senate on May 14, 1997. tained in Article 14 concerning the Rule of International Criminal Court agreed to in (c) PROVISO.—The resolution of ratification Specialty would preclude the resurrender of Rome, Italy, on July 17, 1998, unless the is subject to the following proviso, which any person from the United States to the United States consents to such resurrender; shall not be included in the instrument of International Criminal Court agreed to in and the United States shall not consent to ratification to be signed by the President: Rome, Italy, on July 17, 1998, unless the the transfer of any person extradited to SUPREMACY OF THE CONSTITUTION.—Nothing United States consents to such resurrender; Saint Kitts and Nevis by the United States in the Treaty requires or authorizes legisla- and the United States shall not consent to to the International Criminal Court agreed tion or other action by the United States of the transfer of any person extradited to to in Rome, Italy, on July 17, 1998, unless the America that is prohibited by the Constitu- Trinidad and Tobago by the United States to treaty establishing that Court has entered tion of the United States as interpreted by the International Criminal Court agreed to into force for the United States by and with the United States. in Rome, Italy, on July 17, 1998, unless the the advice and consent of the Senate, as re- treaty establishing that Court has entered quired by Article II, section 2 of the United Resolved (two-thirds of the Senators present into force for the United States by and with States Constitution. concurring therein), That the Senate advise the advice and consent of the Senate, as re- (b) DECLARATION.—The Senate’s advice and and consent to the ratification of the Extra- quired by Article II, section 2 of the United consent is subject to the following declara- dition Treaty Between the Government of States Constitution. tion, which shall be binding on the Presi- the United States of America and the Gov- (b) DECLARATION.—The Senate’s advice and dent: ernment of Barbados, signed at Bridgetown consent is subject to the following declara- TREATY INTERPRETATION.—The Senate af- on February 28, 1996 (Treaty Doc. 105-20), sub- tion, which shall be binding on the Presi- firms the applicability to all treaties of the ject to the understanding of subsection (a), dent: constitutionally based principles of treaty the declaration of subsection (b), and the TREATY INTERPRETATION.—The Senate af- interpretation set forth in Condition (1) of proviso of subsection (c). firms the applicability to all treaties of the the resolution of ratification of the INF (a) UNDERSTANDING.—The Senate’s advice constitutionally based principles of treaty Treaty, approved by the Senate on May 27, and consent is subject to the following un- interpretation set forth in Condition (1) of 1988, and Condition (8) of the resolution of derstanding, which shall be included in the the resolution of ratification of the INF ratification of the Document Agreed Among instrument of ratification: Treaty, approved by the Senate on May 27, S12994 CONGRESSIONAL RECORD — SENATE November 12, 1998

1988, and Condition (8) of the resolution of TREATY INTERPRETATION.—The Senate af- 105–30), subject to the understanding of sub- ratification of the Document Agreed Among firms the applicability to all treaties of the section (a), the declaration of subsection (b), the States Parties to the Treaty on Conven- constitutionally based principles of treaty and the proviso of subsection (c). tional Armed Forces in Europe, approved by interpretation set forth in Condition (1) of (a) UNDERSTANDING.—The Senate’s advice the Senate on May 14, 1997. the resolution of ratification of the INF and consent is subject to the following un- (c) PROVISO.—The resolution of ratification Treaty, approved by the Senate on May 27, derstanding, which shall be included in the is subject to the following proviso, which 1988, and Condition (8) of the resolution of instrument of ratification: shall not be included in the instrument of ratification of the Document Agreed Among PROHIBITION ON EXTRADITION TO THE INTER- ratification to be signed by the President: the States Parties to the Treaty on Conven- NATIONAL CRIMINAL COURT.—The United SUPREMACY OF THE CONSTITUTION.—Nothing tional Armed Forces in Europe, approved by States understands that the protections con- in the Treaty requires or authorizes legisla- the Senate on May 14, 1997. tained in Article 17 concerning the Rule of tion or other action by the United States of (b) PROVISO.—The resolution of ratification Specialty would preclude the resurrender of America that is prohibited by the Constitu- is subject to the following proviso, which any person from the United States to the tion of the United States as interpreted by shall not be included in the instrument of International Criminal Court agreed to in the United States. ratification to be signed by the President: Rome, Italy, on July 17, 1998, unless the SUPREMACY OF THE CONSTITUTION.—Nothing United States consents to such resurrender; Resolved (two-thirds of the Senators present in the Treaty requires or authorizes legisla- and the United States shall not consent to concurring therein), That the Senate advise tion or other action by the United States of the transfer of any person extradited to and consent to the ratification of the Extra- America that is prohibited by the Constitu- dition Treaty Between the Government of India by the United States to the Inter- tion of the United States as interpreted by national Criminal Court agreed to in Rome, the United States of America and the Gov- the United States. ernment of the Republic of Zimbabwe, signed Italy, on July 17, 1998, unless the treaty es- at Harare on July 25, 1997 (Treaty Doc. 105- tablishing that Court has entered into force Resolved (two-thirds of the Senators present for the United States by and with the advice 33), subject to the understanding of sub- concurring therein), That the Senate advise section (a), the declaration of subsection (b), and consent of the Senate, as required by Ar- and consent to the ratification of the Extra- ticle II, section 2 of the United States Con- and the proviso of subsection (c). dition Treaty Between the Government of (a) UNDERSTANDING.—The Senate’s advice stitution. the United States of America and the Gov- and consent is subject to the following un- (b) DECLARATION.—The Senate’s advice and ernment of the Republic of Austria, signed at derstanding, which shall be included in the consent is subject to the following declara- Washington on January 8, 1998 (Treaty Doc. instrument of ratification: tion, which shall be binding on the Presi- 105–50), subject to the understanding of sub- PROHIBITION ON EXTRADITION TO THE INTER- dent: section (a), the declaration of subsection (b), NATIONAL CRIMINAL COURT.—The United TREATY INTERPRETATION.—The Senate af- States understands that the protections con- and the proviso of subsection (c). firms the applicability to all treaties of the tained in Article 14 concerning the Rule of (a) UNDERSTANDING.—The Senate’s advice constitutionally based principles of treaty Specialty would preclude the resurrender of and consent is subject to the following un- interpretation set forth in Condition (1) of any person from the United States to the derstanding, which shall be included in the the resolution of ratification of the INF International Criminal Court agreed to in instrument of ratification: Treaty, approved by the Senate on May 27, PROHIBITION ON EXTRADITION TO THE INTER- Rome, Italy, on July 17, 1998, unless the 1988, and Condition (8) of the resolution of NATIONAL CRIMINAL COURT.—The United United States consents to such resurrender; ratification of the Document Agreed Among States understands that the protections con- and the United States shall not consent to the States Parties to the Treaty on Conven- tained in Article 19 concerning the Rule of the transfer of any person extradited to tional Armed Forces in Europe, approved by Specialty would preclude the resurrender of Zimbabwe by the United States to the Inter- the Senate on May 14, 1997. any person from the United States to the national Criminal Court agreed to in Rome, (c) PROVISO.—The resolution of ratification International Criminal Court agreed to in Italy, on July 17, 1998, unless the treaty es- is subject to the following proviso, which Rome, Italy, on July 17, 1998, unless the tablishing that Court has entered into force shall not be included in the instrument of United States consents to such resurrender; for the United States by and with the advice ratification to be signed by the President: and the United States shall not consent to and consent of the Senate, as required by Ar- SUPREMACY OF THE CONSTITUTION.—Nothing the transfer of any person extradited to Aus- ticle II, section 2 of the United States Con- in the Treaty requires or authorizes legisla- tria by the United States to the Inter- stitution. tion or other action by the United States of national Criminal Court agreed to in Rome, (b) DECLARATION.—The Senate’s advice and America that is prohibited by the Constitu- Italy, on July 17, 1998, unless the treaty es- consent is subject to the following declaration of the United States as interpreted by tablishing that Court has entered into force tion, which shall be binding on the Presi- the United States. dent: for the United States by and with the advice TREATY INTERPRETATION.—The Senate af- and consent of the Senate, as required by Ar- Resolved (two-thirds of the Senators present firms the applicability to all treaties of the ticle II, section 2 of the United States Con- concurring therein), That the Senate advise constitutionally based principles of treaty stitution. and consent to the ratification of the Agree- interpretation set forth in Condition (1) of (b) DECLARATION.—The Senate’s advice and ment between the Government of the United the resolution of ratification of the INF consent is subject to the following declara- States of America and the Government of Treaty, approved by the Senate on May 27, tion, which shall be binding on the Presi- Hong Kong for the Transfer of Sentenced 1988, and Condition (8) of the resolution of dent: Persons, signed at Hong Kong on April 15, ratification of the Document Agreed Among TREATY INTERPRETATION.—The Senate af- 1997 (Treaty Doc. 105–7), subject to the dec- the States Parties to the Treaty on Conven- firms the applicability to all treaties of the laration of subsection (a), and the proviso of tional Armed Forces in Europe, approved by constitutionally based principles of treaty subsection (b). the Senate on May 14, 1997. interpretation set forth in Condition (1) of (a) DECLARATION.—The Senate’s advice and (c) PROVISO.—The resolution of ratification the resolution of ratification of the INF is subject to the following proviso, which Treaty, approved by the Senate on May 27, consent is subject to the following declara- shall not be included in the instrument of 1988, and Condition (8) of the resolution of tion, which shall be binding on the Presi- ratification to be signed by the President: ratification of the Document Agreed Among dent: SUPREMACY OF THE CONSTITUTION.—Nothing the States Parties to the Treaty on Conven- TREATY INTERPRETATION.—The Senate af- in the Treaty requires or authorizes legisla- tional Armed Forces in Europe, approved by firms the applicability to all treaties of the tion or other action by the United States of the Senate on May 14, 1997. constitutionally based principles of treaty America that is prohibited by the Constitu- (c) PROVISO.—The resolution of ratification interpretation set forth in Condition (1) of tion of the United States as interpreted by is subject to the following proviso, which the resolution of ratification of the INF the United States. shall not be included in the instrument of Treaty, approved by the Senate on May 27, ratification to be signed by the President: 1988, and Condition (8) of the resolution of Resolved (two-thirds of the Senators present SUPREMACY OF THE CONSTITUTION.—Nothing ratification of the Document Agreed Among concurring therein), That the Senate advise in the Treaty requires or authorizes legisla- the States Parties to the Treaty on Conven- and consent to the ratification of the Proto- tion or other action by the United States of tional Armed Forces in Europe, approved by col to the Extradition Treaty Between the America that is prohibited by the Constitu- the Senate on May 14, 1997. United States of America and the United tion of the United States as interpreted by (b) PROVISO.—The resolution of ratification Mexican States of May 4, 1978, signed at the United States. is subject to the following proviso, which Washington on November 13, 1997 (Treaty shall not be included in the instrument of Doc. 105-46), subject to the declaration of Resolved (two-thirds of the Senators present ratification to be signed by the President: subsection (a), and the proviso of subsection concurring therein), That the Senate advise SUPREMACY OF THE CONSTITUTION.—Nothing (b). and consent to the ratification of the Extra- in the Treaty requires or authorizes legisla- (a) DECLARATION.—The Senate’s advice and dition Treaty Between the Government of tion or other action by the United States of consent is subject to the following declara- the United States of America and the Gov- America that is prohibited by the Constitu- tion, which shall be binding on the Presi- ernment of the Republic of India, signed at tion of the United States as interpreted by dent: Washington on June 25, 1997 (Treaty Doc. the United States. November 12, 1998 CONGRESSIONAL RECORD — SENATE S12995 ADDITIONAL STATEMENTS complaint by an aggrieved party; or (2) based employer, under certain employment cir- on other credible evidence indicating pos- cumstances, where the other employer has sible violations. displaced or intends to displace a U.S. work- OMNIBUS APPROPRIATIONS BILL— 6. Establish an arbitration process for dis- er (as defined in paragraph (4)) during the pe- AMERICAN COMPETITIVENESS putes involving the laying-off of any U.S. riod beginning 90 days before and ending 90 AND WORKFORCE IMPROVEMENT worker who was replaced by an H–1B worker, days after the date the placement would even of a non-H–1B dependent employer. This begin. ACT arbitration process would be largely similar 5. DOL would have the authority to inves- ∑ Mr. ABRAHAM. Mr. President, dur- to that laid out in H.R. 3736 except that it tigate compliance either: (1) pursuant to a ing debate on final passage of the Om- would be administered by the Secretary of complaint by an aggrieved party; or (2) based nibus Appropriations bill, in which the Labor. The arbitrator must base his or her on other credible evidence from a source American Competitiveness and Work- decision on a ‘‘preponderance of the evi- which is likely to have knowledge of an employ- dence.’’ er’s practices, employment conditions, or compli- force Improvement Act was included as 7. Reference in the bill to ‘‘administrative ance with the labor condition application indi- Title IV of Subdivision C, I asked unan- remedies’’ includes the authority to require cating possible violations. imous consent to have a number of doc- back pay, the hiring of an individual, or rein- ø6. Establish an arbitration process for dis- uments printed in the RECORD. These statement. putes involving the laying-off of any U.S. included two documents I received 8. There must be appropriate sanctions for worker who was replaced by an H–1B worker, from the Administration during the ne- violations of ‘‘whistleblower’’ protections. even of a non-H–1B dependent employer. This gotiations, whose inclusion I was seek- 9. Close loopholes in the attestations: arbitration process would be largely similar ing to help illuminate the meaning of a. Strike the provision that ‘‘[n]othing in to that laid out in H.R. 3736 except that it the [recruitment attestation] shall be con- would be administered by the Secretary of some of the provisions of the legisla- strued to prohibit an employer from using Labor. The arbitrator must base his or her tion. One of the key points about these selection standards normal or customary to decision on a ‘‘preponderance of the evi- documents is the changes from the the type of job involved.’’ dence.’’ July 30 version to the September 14 b. Clarify that job contractors can be sanc- ø7. Reference in the bill to ‘‘administrative version. On the copies that I submit- tioned for placing an H–1B worker with an remedies’’ includes the authority to require ted, these changes were marked by red- employer who subsequently lays off a U.S. back pay, the hiring of an individual, or rein- lining markings. Unfortunately, how- worker within the 90 days following place- statement.¿ 8. There must be appropriate sanctions for ever, because I submitted a copy of the ment. c. Do not exempt H–1B workers with at violations of ‘‘whistleblower’’ protections. only version I had, which was a copy of least a master’s degree or the equivalent 9. Close loopholes in the attestations: a fax, these markings appear to have from calculations of the total number of H– a. Strike the provision that ‘‘[n]othing in had the effect of making the Septem- 1B employees. the [recruitment attestation] shall be con- ber 14 version unintelligible, resulting d. Define lay-off based on termination for strued to prohibit an employer from using in the printing of a garbled text that ‘‘cause or voluntary termination,’’ but ex- selection standards normal or customary to also did not contain the markings clude cases where there has been an offer of the type of job involved.’’ continuing employment. Sen. Abraham would have a colloquy or there showing the changes. Accordingly, I would be report language clarifying the intent ask that the corrected version of these 10. Consolidate the LCA approval and petition processes within DOL, rather than with- of the recruitment attestation. documents that I am now submitting in INS. b. Clarify that job contractors can be sanc- appear in the final issue of the RECORD 11. Broaden the definition of U.S. workers tioned for placing an H–1B worker with an of the 105th Congress. On the copy of to include aliens authorized to be employed employer who subsequently lays off a U.S. the September 14 document that I am by this act or by the Attorney General. worker within the 90 days following place- submitting, material that appeared in 12. Include a provision that prohibits un- ment. conscionable contracts. c. Do not exempt H–1B workers with at the July 30 version but was deleted in least a master’s degree or the equivalent the September 14 version is in black 13. Include a ‘‘no benching’’ requirement that an H–1B nonimmigrant in ‘‘non-produc- from calculations of the total number of H– brackets and material that was not in- tive status’’ for reasons such as training, 1B employees. cluded in the July 30 version and was lack of license, lack of assigned work, or d. Define lay-off based on termination for added in the September 14 version is other such reason (not including when the ‘‘cause or voluntary termination,’’ but ex- printed in italic. employee is unavailable for work) be paid for clude cases where there has been an offer of The corrected version follows: a 40 hour week or a prorated portion of a 40 continuing employment. 10. øConsolidate the¿ Maintain status quo JULY 30, 1998—PROPOSED ADMINISTRATION RE- hour week during such time. 14. Increase the annual cap on H–1B visas with regard to LCA approval and petition VISIONS TO H.R. 3736 (THE JULY 29, 1998 VER- processes øwithin DOL, rather than within SION) to 95,000 in FY 1998, 105,000 in FY 1999, and 115,000 in FY 2000. After FY 2000, the visa cap INS.¿. 1. Require either a $500 fee for each posi- 11. Broaden the definition of U.S. workers shall return to 65,000. tion for which an application is filed or a 15. Eliminate the 7500 cap on the number of to include aliens authorized to be employed $1,000 fee for each nonimmigrant. Fee to fund non-physician health care workers admitted by this act or by the Attorney General. training provided under JTPA Title IV. In 12. Include a provision that prohibits un- under the H–1B program to make the bill addition, a small portion of these revenues conscionable contracts (with civil fines). consistent with our obligations under the should fund the administration of the H–1B 13. Include a ‘‘no benching’’ requirement GATS agreement. visa program, including the cost of arbitra- that an H–1B nonimmigrant in ‘‘non-production. SEPTEMBER 14, 1998—ADMINISTRATION tive status’’ for reasons such as training, 2. Define H–1B-dependent employers as: PACKAGE lack of license, lack of assigned work, or a. For employers with fewer than 51 work- 1. Require øeither¿ a $500 fee for each posi- other such reason (not including when the ers, that at least 20% of their workforce is H– tion for which an application is filed or øa employee is unavailable for work) be paid for 1B; and $1,000 fee for each nonimmigrant¿ renewed. a 40 hour week or a prorated portion of a 40 b. For employers with more than 50 work- Fee to fund training provided under JTPA hour week during such time. ers, that at least 10% of their workforce is H– Title IV. In addition, a small portion of these 14. Increase the annual cap on H–1B visas 1B. revenues should fund the administration of to 95,000 in FY 1998, 105,000 in FY 1999, and 3. The recruitment and no lay-off attesta- the H–1B visa program, including the cost of 115,000 in FY 2000. After FY 2000, the visa cap tions apply to: (1) H–1B dependent employ- øarbitration¿ enforcement. shall return to 65,000. ers; and (2) any employer who, within the 2. Define H–1B-dependent employers as: 15. Eliminate the 7500 cap on the number of previous 5 years, has been found to have will- a. For employers with fewer than 51 work- non-physician health care workers admitted fully violated its obligations under this law. ers, that at least 20% of their workforce is H– under the H–1B program to make the bill 4. H–1B dependent employers attest they 1B; and consistent with our obligations under the will not place an H–1B worker with another b. For employers with more than 50 work- GATS agreement. employer, under certain employment cir- ers, that at least ø10%¿ 12% of their work- 16. Three-year debarment for willful violation cumstances, where the other employer has force is H–1B. plus a $35,000–$40,000 fine. displaced or intends to displace a U.S. work- 3. The recruitment and no lay-off attesta- In addition, we would require the prevailing er (as defined in paragraph (4)) during the pe- tions apply to: (1) H–1B dependent employ- wage attestation be permanently changed to the riod beginning 90 days before and ending 90 ers; and (2) any employer who, within the following: days after the date the placement would previous 5 years, has been found to have will- Sec. . Definitions. begin. fully violated its obligations under this law. Section 212(n) (8 U.S.C. 1182(n)) is amended 5. DOL would have the authority to inves- 4. H–1B dependent employers attest they by inserting after subsection(2) the following tigate compliance either: (1) pursuant to a will not place an H–1B worker with another new subsection: S12996 CONGRESSIONAL RECORD — SENATE November 12, 1998 ‘‘(3) As used in this section— Commerce, Justice, State Appropria- preme Court found in United States ‘‘(A) ‘actual wage’ means total compensation, tions portion of the bill that subjects versus Williams that federal courts including base pay (whether expressed as an federal prosecutors and other ‘‘attor- could not use their ‘‘supervisory pow- hourly rate or a salary), equity, and health, neys for the Government’’ to State ers’’ to impose such an obligation. And, life, disability, and other insurance plans, and retirement and savings plans provided to regular laws and rules governing attorneys ‘‘to at least according to the 10th Circuit’s employees. If the employer offers a benefit plan the same extent and in the same man- vacated Singleton opinion, it is an ‘‘un- which enables employees to choose among op- ner as other attorneys in that State.’’ ethical’’ practice, under Kansas state tions, then the employer’s plan shall be deemed Now please understand, Mr. Presi- rules, for an Assistant U.S. Attorney to to be acceptable provided the same plan and op- dent. I think I am as much of a believer offer leniency in exchange for truthful tions are offered to all employees in the occupa- in federalism as anyone here. But fed- testimony. Even assuming the 10th Cir- tional classification in which the nonimigrant is eralism does not mean that control of cuit does not reinstate that portion of intended to be (or is) employed. all matters should be ceded to the the panel opinion when it rules en ‘‘(B) ‘prevailing wage’ means total compensa- States. One area where I think it is banc, hardly an inevitable outcome, tion, including the rate of pay as determined based on the best information available as of the pretty clear that the national govern- the suggestion the opinion made will time of filing the application (whether expressed ment should be the principal source of continue to chill any federal prosecu- as an hourly rate or a salary), equity, and law is in setting rules of professional tor practicing in Kansas. It will con- health, life, disability, and other insurance conduct for its own officers. To leave tinue to do so regardless of what the plans, and retirement and savings plans pro- that question to the States, it seems to 10th Circuit does, since Kansas could vided to regular employees. If the employer of- me, is to cede a very large portion of adopt this theory even if the Tenth Cir- fers a benefit plan which enables employees to the control for how federal law is to be cuit abandons it. Indeed, any State bar choose among options, then the employer’s plan enforced to the States. That power can will be free to declare that offering le- shall be deemed to be acceptable provided the same plan and options are offered to all employ- then be used to frustrate the enforce- niency to accomplices to obtain their ees in the occupational classification in which ment of federal law. The risk that this testimony is ‘‘unethical’’ and, under the nonimmigrant is intended to be (or is) em- will happen is significantly greater the provision we have unwisely adopt- ployed.’’∑ where the power is being turned over ed, that rule will control federal pros- f not to the States’ elected representa- ecutions. The result will be a drastic tives, but to bar associations vested reduction in the effectiveness of federal INDEPENDENT COUNSEL LAW AND with the States’ powers, but without efforts to combat crime. KENNETH STARR’S INVESTIGA- the accountability to the people of the State bar associations have adopted TION States that elections generate. the rules I have described despite pre- ∑ Mr. LEVIN. Mr. President, on Octo- I believe that we can be pretty sure viously grave doubt about their legal ber 8th I made a statement on the Sen- that this provision imposing State laws authority to make these rules binding ate floor regarding the independent and rules on federal prosecutors will be on federal prosecutors. It seems to me counsel law and Kenneth Starr’s inves- used to frustrate federal law simply by that now that we have established as a tigation of President Clinton. I want to looking at the rules the State bars al- matter of federal law that six months take the opportunity today to clarify ready have adopted that will have this from now, rules like this will indeed one aspect of that statement to ensure effect. I believe this trend will only ac- govern federal prosecutors’ conduct, that my words and their import are ac- celerate once those opposed to certain these rules will only multiply further. curate. aspects of federal law know, as a result For example, States could ban as un- I stated on October 8th that the so- of our adoption of this provision, that ethical the forfeiture of cash intended called Starr Report failed to mention they have this new tool at their dis- to pay a defense lawyer—indeed, the Ms. Lewinsky’s testimony ‘‘that when posal. ABA came very close to doing just that she asked President Clinton whether For many years members of the in an attempt effectively to overrule she should get rid of his gifts to her in criminal defense bar have been spon- the Supreme Court’s holding Caplin & light of the Jones subpoena, his re- soring rules adopted in State codes of Drysdale. States could rule it ‘‘unethi- sponse was ‘I don’t know’ ’’ and her tes- professional responsibility that trench cal’’ to examine a witness in the grand timony that the President said he upon legitimate and essential practices jury room without his attorney being didn’t want to see Ms. Lewinsky’s affi- of federal prosecutors. The best known present, or to adduce evidence of one davit when she offered to show it to example involves rules of States such party-consent tape recordings—propos- him. The reference in my statement as California, Missouri, and New Mex- als the Senate, of course, rejected last should have been to Mr. Starr’s analy- ico, as well as the District of Columbia, month during the CJS debate. The po- sis of the evidence which is the key that limit prosecutors’ contacts with tential list is limited only by the part of his report instead of the overall represented persons in a way that can criminal defense bar’s imagination. report. Mr. Starr did make reference to seriously complicate undercover inves- To be sure, the Department of Jus- such testimony in the part of the re- tigations. The problem with this prohi- tice can argue its case to the bar asso- port where he summarized the evi- bition is that a low-level member of an ciations considering such rules. But dence. My criticism of Mr. Starr’s re- organized crime ring may well be rep- that is no solution. At best, it will report is that he left such exculpatory resented by counsel retained by the quire an inordinate expenditure of ef- evidence out of or dismissed it in the leaders of the ring. As a result, coun- fort and resources that could instead key part of his report which analyzes sel’s principal interest may be in pre- be used to lock up dangerous criminals. the evidence and explains why he be- venting his or her ‘‘client’’ from giving At worst, and more likely in my view, lieves the evidence ‘‘may constitute useful information about those leaders the Department will lose the argument grounds for impeachment.’’ to law enforcement—even if doing so much of the time, and we will end up Otherwise it was the imbalanced would be in the client’s interest be- with constraints on federal officers analysis of the evidence where Mr. cause the client might get less prison that bear no connection with the fed- Starr failed to address the significance time. eral policies those officers are charged or relevance of exculpatory facts such But the ‘‘represented parties’’ con- with enforcing. as these which is so disturbing.∑ text is not the only one where State This is not to say that I am opposed f rules governing attorneys raise prob- to requiring that lawyers who work for lems. Colorado, New Hampshire, Penn- the federal government behave profes- APPLICATION OF STATE LAW TO sylvania, and Tennessee have ‘‘ethics’’ sionally. I am not. In fact, I am strong- FEDERAL PROSECUTORS rules requiring prior judicial approval ly for it. But I believe that it makes no ∑ Mr. ABRAHAM. Mr. President, I rise of subpoenas of attorneys, even though sense to have the judgment about what to register serious concern over a pro- federal case law has (for good reason) ‘‘professional conduct’’ consists of be vision in the Omnibus Appropriations adopted no such requirement. Colorado made by State bar associations. Of ne- bill, included as I understand it over also has a rule requiring submission of cessity these associations have little or the protest of the Senate. This is a leg- exculpatory evidence to grand juries, no stake in securing the enforcement islative provision appended to the which it adopted shortly after the Su- of the federal laws with which these November 12, 1998 CONGRESSIONAL RECORD — SENATE S12997 federal government lawyers are quizzing her students on the great European no matter what level a student is, if they charged; and it is easy to imagine in- explorers: Christopher Columbus, Vasco da have Mrs. Younkers, they’ll have a wonder- stances where a number of their mem- Gama, Sir Francis Drake and so forth. You ful year.’’ bers may have an affirmative stake in wouldn’t think a roomful of 13-year-olds Younkers beat out 23 state semi-finalists, would be interested in a bunch of long-dead who were chosen from among Maryland’s frustrating that enforcement. strangers, but that’s clearly not the case in 49,000 teachers. She now advances to the na- Perhaps my concerns will turn out to this class. tional Teacher of the Year competition. be misplaced. I understand that one Hand after hand shoots up in the air, stu- For the national contest, she must adopt important concession the Senate ob- dents eager to supply the appropriate an- an issue that she will advocate. Younkers tained in the negotiations leading up swers. Later, when the class adjourns to the said she will work to encourage the best and to the inclusion of this provision in the library, the youngsters rush about looking the brightest students to become teachers. omnibus legislation is a 6 month delay for the needed information. There’s a certain Maryland, like other states, will face a se- in the provision’s effective date. This excitement in the air, a feeling that school vere teacher shortage in coming years, and, and learning and even homework can be, as Younkers said, ‘‘Our students deserve to will give us some opportunity to see well, fun. learn from highly qualified instructors.’’ whether the result of the adoption of Plum Point Principal Michael Reidy sums The national Teacher of the Year will be this provision is a greater effort by the up the situation this way: ‘‘Mrs. Younkers selected in the spring. In the meantime, State bars to accommodate federal in- has a spirit about her that creates magic in Younkers is maintaining a rigorous speaking terests, or the opposite. It will also the classroom.’’ tour—talking to other educators, as well as give us a better opportunity to assess That spirit has won Younkers the title of politicians—and her students are getting what the real impact of applying exist- 1999 Maryland Teacher of the Year. used to the extra media attention and the Younkers, 27, is the youngest teacher to win ing State rules in the context of federal parents who stop by with gifts and words of the award in its 12-year history and the first praise. prosecutions will be. In the long run, ∑ from Southern Maryland. She received the f however, it seems to me that the right award—which includes a $5,000 check and answer here is not for the federal gov- other prizes—at a ceremony Friday evening THE 90TH ANNIVERSARY OF ST. ernment to abdicate to State bars the in Baltimore. MARY’S BANK IN MANCHESTER, important responsibility of establish- Younkers has taught seventh- and eighth- NH ing these rules, but, at least with re- grade social studies at the Huntingtown school for five years, her entire career in ∑ Mr. GREGG. Mr. President, on No- spect to its own officers, to perform education. Younkers, a native of Calvert vember 24th, we will be celebrating the that responsibility itself.∑ County, said her inspiration in teaching has 90th anniversary of the birth of credit f been her mother, a social studies teacher at unions. St. Mary’s Bank of Manchester, TRIBUTE TO 1999 MARYLAND Northern High School. One of the most im- New Hampshire opened its doors in 1908 portant lessons her mother passed along was TEACHER OF THE YEAR the importance of actively involving stu- as a true local establishment serving ∑ Mr. SARBANES. Mr. President, I rise dents in their education, she said. the community on which it was built. to recognize the remarkable achieve- ‘‘My teaching philosophy is based on an St. Mary’s Bank was formed by ments of one of my constituents, ancient Chinese proverb: ‘Tell me, I forget. Manchester’s French-Canadian immi- Rachael Younkers, who has won the Show me, I remember. Involve me, I under- grant and working class families to stand,’ ’’ Younkers said. title of 1999 Maryland Teacher of the help other working class families. I And involve her students she does. During want to congratulate St. Mary’s Bank Year. This honor is a tribute to her a class on Tuesday, Younkers divided her 28 dedication to and mastery of the art of eighth-graders into teams and dispatched on being the pioneer in the field of teaching seventh and eighth grade stu- them to the library to research a specific ex- credit unions and for continuing to dents at Plum Point Middle School, plorer. Among their tasks: Finding the ex- grow and provide community support and is even more impressive by the fact plorer’s photograph on the Internet, drawing for the last 90 years. that this 27-year-old is the youngest a detailed picture of his ship and writing a In these times of bank mergers and daily log of weather conditions during his takeovers designed to expand markets person ever to win the award in its voyage. The students even had to compose a twelve year history. I am so proud to beyond boundaries of local commu- letter to the king and queen explaining why nities, St. Mary’s has always stood by congratulate Mrs. Younkers, the first they should fund the explorer’s trip. winner from Southern Maryland, for ‘‘Learning is not a spectator sport,’’ its roots and the people of Manchester. being named the 1999 Maryland Teach- Younkers said. ‘‘The kids are the actual St. Mary’s Bank exemplifies a commu- er of the Year from 23 other Maryland players in the game, and they need to be ac- nity institution built on local values candidates. tively involved in their own learning. I see and relationships. It continues its tra- Mrs. Younkers is a native of Calvert myself as a partner in their education, and dition of donating to community that’s how we win.’’ County who, according to students and causes and has begun a $10 million in- Her students seem to like the technique. vestment in the Manchester commu- peers alike, brings a unique energy to ‘‘It’s not like we’re talking about a lot of her classes which serves to excite her dead guys,’’ said Nathan Bowen, an eighth- nity to help low and moderate income students about social studies topics grader from Prince Frederick. ‘‘She really families purchase and rent homes, and that may otherwise seem dull or out- brings it to life.’’ to provide assistance in emergency sit- of-date. Through the use of innovative Nathan said he especially likes all the fun uations. teaching techniques, including learn- games Younkers comes up with, including I wish to recognize St. Mary’s Bank baseball and basketball matches that are of Manchester, New Hampshire for its ing games and exploration of the inter- played in the classroom and adapted to the net, Mrs. Younkers has brought a fresh 90 years of service to the community of subject being studied. Treasure hunts and Manchester’s West Side and for mark- perspective to her teachings. ‘‘Social Studies Jeopardy’’ also are frequent It has always been my firm belief occurrences in Room 216. ing the beginning of credit unions na- that the education and training of our Larkin Jones, also an eighth-grader, said tionwide.∑ young people is one of the most impor- she admires her teacher’s personality. ‘‘She’s f always smiling and happy, and she knows a tant tasks in a democratic society. Mr. OMNIBUS CONSOLIDATED AND President, I would like my colleagues lot about you.’’ And that fact that she’s young makes it ‘‘really easy to talk to her,’’ EMERGENCY SUPPLEMENTAL to join me in recognizing the hard Jones said. APPROPRIATIONS FOR FISCAL work that has led Mrs. Younkers to re- Indeed, Younkers has made such an im- YEAR 1999—CONFERENCE REPORT ceive this recognition. I ask unanimous pression on Larkin that she recently con- consent that an article from the South- fided in her mother that she might want to (In the RECORD of October 21, 1998, on ern Maryland Extra to the Washington be a social studies teacher when she grows page S12785, a page of the text of Mrs. Post be inserted into the RECORD im- up, ‘‘just like Mrs. Younkers.’’ FEINSTEIN’s remarks was inadvertently mediately following my remarks, and I ‘‘She’s been a tremendous influence on omitted. The permanent RECORD will her,’’ said Donna Jones, Larkin’s mother. be corrected to reflect the following:) yield the floor. Jones, a guidance counselor at Plum Point QUINCY LIBRARY GROUP LEGISLATION (From the Washington Post, Southern added that Younkers has a unique ability to Maryland Extra, Oct. 22, 1998) help all students—whether they’re honor roll ∑ Mrs. FEINSTEIN. Mr. President, I In Room, 216 at Plum Point Middle School, or in need of remedial instruction.’’ As a am very pleased that the Quincy Li- social studies teacher Rachael Younkers is counselor, it’s very comforting to know that brary Group bill has been included in S12998 CONGRESSIONAL RECORD — SENATE November 12, 1998 the Omnibus Appropriations bill. This est management proposal on des- Second, the Quincy Library Group legislation embodies the consensus pro- ignated lands in the Plumas, Lassen legislation does not double the volume posal of the Quincy Library Group, a and Tahoe National Forests for five of logging on the affected national for- coalition of environmentalists, timber years as a demonstration of commu- ests. The intent of this proposal has al- industry representatives, and local nity-based consensus forest manage- ways been to replace, not supplement, elected officials in Northern California, ment. I would like to thank Senators current logging activity, and the legis- who came together to resolve their MURKOWSKI, BUMPERS, and CRAIG, Rep- lation will provide for timber harvests long-standing conflicts over timber resentatives HERGER and MILLER, as similar to current levels. management on the national forest well as the Clinton Administration, for In a letter to me dated October 22, lands in their area. the thoughts they contributed to the 1997, Ronald Stewart, Deputy Chief of The Quincy Library Group legisla- development of the final bill. Programs and Legislation for the For- tion is a real victory for local consen- The legislation establishes signifi- est Service, states, ‘‘based on the agen- sus decision making. It proves that cant new environmental protections in cy’s current estimates, the potential even some of the most intractable en- the Quincy Library Group project area. timber outputs that would be gen- vironmental issues can be resolved if It protects hundreds of thousands of erated by this bill, if fully funded with people work together toward a common acres of environmentally sensitive additional appropriations, would not goal. lands, including all California spotted double but would remain consistent I first met the Quincy Library Group owl habitat, as well as roadless areas. with the outputs provided from these Placing these areas off limits to log- back in 1992 when I was running for the forests over the last five years.’’ ging and road construction protects Senate, and was then very impressed Third, the legislation explicitly pro- many areas that currently are not pro- with what they were trying to do. hibits the funding of Quincy Library tected, including areas identified as The members of the Quincy Library Group projects through reallocation of old-growth and sensitive watersheds in Group had seen first hand the conflict funds from other national forests. The the Sierra Nevada Ecosystem Project between timber harvesting and jobs, legislation explicitly states, ‘‘The Sec- environmental laws and protection of report. However, in the event that any sen- retary may not conduct the pilot their communities and forests, and the sitive old growth is not already in- project using funds appropriated for devastation of massive forest fires. cluded in the legislation’s off base any other unit of the National Forest Their overriding concern was that a areas, the Senate Energy and Natural System.’’ catastrophic fire could destroy both Resources Committee provided report The bottom line is that the Quincy the natural environment and the po- language when the legislation was re- Library Group legislation will provide tential for jobs and economic stability ported last year, as I requested, direct- strong protections for the environment in their community. They were also ing the Forest Service to avoid con- while preserving the job base in the concerned the ongoing stalemate over ducting timber harvest activities or Northern Sierra—not just in one single forest management was ultimately road construction in these late succes- company, but across 35 area businesses, harming both the environment and sional old-growth areas. The legisla- many of them small and family-owned. their local economy. tion also requires a program of riparian This Quincy Library Group legisla- The group got together and talked management, including wide protection is strongly supported by local en- things out. They decided to meet in a tion zones and streamside restoration vironmentalists, labor unions, elected quiet, non-confrontational environ- projects. officials, the timber industry, and 27 ment—the main room of the Quincy The Quincy Library Group legisla- California counties. The House ap- Public Library. They began their dia- tion directs the Forest Service to proved the Quincy Library Group legis- logue in the recognition that they amend the land and resource manage- lation by a vote of 429 to one last year. shared the common goal of fostering ment plans for the Plumas, Lassen, and The Senate Energy Committee re- forest health, keeping ecological integ- Tahoe National Forests to consider ported the legislation last October. The rity, assuring an adequate timber sup- adoption of the Quincy Library Group legislation has been the subject of Con- ply for area mills, and providing eco- plan in the forest management plans. gressional hearings and the focus of na- nomic stability for their community. The legislation does not require the tionwide public discussion. One of the best articles I have read Forest Service to continue implement- I thank my colleagues for ensuring about the Quincy Library Group proc- ing the Quincy Library Group pilot that this worthy pilot project has a ess recently appeared in the Washing- project once the forest plans are re- chance. ton Post. Mr. President, I ask unani- vised. The Senate Energy and Natural EXHIBIT NO. 1 mous consent that this article be print- Resources Committee adopted an [From the Washington Post, Oct. 11, 1998] ed in the RECORD at the end of my amendment, which I supported, to en- GRASS-ROOTS SEEDS OF COMPROMISE statement. sure that there is no conflict between (By Charles C. Mann and Mark L. Plummer) THE PRESIDING OFFICER: Without the pilot project and the most current objection, it is so ordered. Every month since 1993, about 30 environ- and best science reflected in any new mentalists, loggers, biologists, union rep- (See Exhibit 1.) forest plans. Mrs. FEINSTEIN. Mr. President, resentatives and local government officials MISINFORMATION ABOUT THE LEGISLATION after dozens of meetings and a year and have met at the library of Quincy—a timber There have been a number of inac- town in northern California that has been a half of negotiation, the Quincy Li- curate statements made the Quincy Li- the site of a nasty 15-year battle over log- brary Group developed an alternative brary Group legislation. I want to clear ging. management plan for the Lassen Na- up three important points: Out of these monthly meetings has tional Forest, Plumas National Forest, First, every single environmental emerged a plan to manage 2.4 million acres and the Sierraville Ranger District of law, including the National Environ- of the surrounding national forests. Instead the Tahoe National Forest. of leaving the forests’ ecological fate solely mental Policy Act and the National to Washington-based agencies and national In the last five years, the group has Forest Management Act, will be fol- tried to persuade the U.S. Forest Serv- interest groups, the once-bitter adversaries lowed as this proposal is implemented. have tried to forge a compromise solution on ice to administratively implement the The legislation explicitly states, the ground—a green version of Jeffersonian plan they developed. While the Forest ‘‘Nothing in this section exempts the democracy. When the House of Representa- Service was interested in the plan de- pilot project from any Federal environ- tives, notorious for its discord on environ- veloped, they were unwilling to fully mental law.’’ mental legislation, approved the plan 429–1 implement it. Negotiations and discus- The legislation requires an environ- in July 1997, the Quincy Library Group be- sions began in Congress. This legisla- mental impact statement to be com- came the symbol for a promising new means tion is the result. pleted before any resource manage- of resolving America’s intractable environmental disputes. THE QUINCY LIBRARY GROUP LEGISLATION ment activities occur. It also provides The Quincy Library Group is one of scores Specifically, the legislation directs for full public participation and input of citizens’ associations that in the past dec- the Secretary of Agriculture to imple- throughout the pilot project’s imple- ade have brought together people who pre- ment the Quincy Library Group’s for- mentation. viously met only in court. Sometimes called November 12, 1998 CONGRESSIONAL RECORD — SENATE S12999 ‘‘community-based conservation’’ groups, forts are inevitably ill-informed and always 98–0, passed the International Religious they include the Friends of the Cheat River, risk domination by rich, sophisticated indus- Freedom Act. As the sponsor of the a West Virginia coalition working to restore try representatives, the Audubon Society International Religious Freedom Act, I a waterway damaged by mining runoff; the warned, they are ‘‘not necessarily equipped am providing this statement which Applegate Partnership, which hopes to re- to view the bigger picture.’’ Considering this store a watershed in southwestern Oregon bigger picture, it continued, ‘‘is the job of gives some guidance as to what I tried while keeping timber jobs alive, and Envi- Congress, and of watchdog groups like the to accomplish in crafting this Act. sion Utah, which tries to foster consensus National Audubon Society.’’ BACKGROUND about how to manage growth in and around Many local groups regard national organi- With enactment of the International Reli- Salt Lake City. zations as more interested in protecting gious Freedom Act, there will be a major in- Like many similar organizations, the their turf than in achieving solutions that crease in the amount of information on the Quincy Library Group was born of frustra- advance conservation. ‘‘It’s interesting to nature and extent of violations of religious tion. In the 1980s, Quincy-based environ- me that it has to be top-down,’’ said Jack freedom in foreign countries, in the actions mental advocates, led by local attorney Mi- Shipley, a member of the Applegate Partner- taken by the U.S. government in response to chael B. Jackson, attempted with varying ship. ‘‘It’s a power issue, a control issue.’’ those violations and in the scrutiny of the success to block more than a dozen U.S. For- The big groups’ insistence on veto power steps taken by the U.S. government to com- est Service timber sales in the surrounding over local decision-making ‘‘sounds like the bat them. Sadly, events around the world Plumas, Lassen and Tahoe national forests. old rhetoric—either their way or no way,’’ demonstrate the need for the International The constant battles tied the federal agency Shipley says. ‘‘No way’’ may be the fate of Religious Freedom Act. in knots and almost shut down Sierra Pacific the Quincy bill. Pressured by environmental It has been reported that more than half of Industries, the biggest timber company lobbies, Sen. Barbara Boxer (D-Calif.) placed the world’s population lives under govern- there, imperiling many jobs. The atmosphere a hold on it in the Senate. ments that place restrictions or outright was ‘‘openly hostile, with agitators on both Despite the group’s setback, community- prohibitions on the ability to practice one’s sides,’’ says Linda Blum, a local activist who based conservation efforts like Quincy pro- religion. While the end of the Cold War saw joined forces with Jackson in 1990 and vide a glimpse of the future. Under the tradi- a significant increase in religious freedom in aroused so much opprobrium that Quincy tional approach to environmental manage- many countries, in others there has been no radio hosts denounced her on the air for tak- ment, decisions have been delegated to im- change. Totalitarian governments either ing food from the mouths of the town’s chil- partial bureaucracies—the Forest Service, continue to stamp out religion or subject it dren. for example, for national forests. Based on to state controls through arrest, torture, Worn down and dismayed by the hostility the scientific evaluations of ecologists and beatings, imprisonment and unemployment. in his community, Jackson was ready to try economists, the agencies then formulate the One such government has used massacre, something different. He got a chance to do so ‘‘right’’ policies, preventing what James starvation, and forced resettlement as a tool late in 1992, when Bill Coates, a Plumas Madison called ‘‘the mischief of faction.’’ in the effort to crush resistance in its mostly County supervisor, invited the factions to But today, according to Mark Sagoff of the Christian region. There have been reports of talk to each other, face to face. Coates sug- University of Maryland Institute for Philoso- the crucifixion of Christians, although these gested that the group work from forest-man- phy and Public Policy, it is the bureaucrats reports cannot be confirmed. What has been agement plans proposed by several local en- who are beset by factions; big business and confirmed is the revival of slavery, abduc- vironmental organizations in the mid-1980s. environmental lobbies. For these special-in- tion and mutilation. Displaced refugees have By early 1993, they were meeting at the li- terest groups, he argues, ‘‘deliberating with been confronted with forced conversion or starvation. brary and soon put together a new proposal. others to resolve problems undermines the In other countries, reports abound of at- (The Forest Service eventually had to drop group’s mission, which is to press its purpose or concern as far as it can in a zero-sum tacks by extremists or by government forces out because the Federal Advisory Committee on Christians, and on their homes, busi- Act, which places cumbersome requirements game with its political adversaries.’’ The system ‘‘benefits the lawyers, lobbyists and nesses, and churches. Converts to Christian- on groups who meet with federal agencies.) ity are imprisoned and tortured. In several Under this proposal, timber companies could expert witnesses who serve in various causes as mercenaries,’’ he says, ‘‘but it produces no countries no overt practice of any religion continue thinning and selectively logging in but the state religion is permitted, and con- up to 70,000 acres per year, about the same policy worth a damn.’’ In contrast, community-based conserva- version is illegal. These prohibitions affect area being logged in 1993 but drastically virtually every religion around the world. lower than the 1990 level. Riverbanks and tion depends on all sides acknowledging the THE INTERNATIONAL RELIGIOUS FREEDOM ACT roadless areas, almost half the area covered legitimacy of each other’s values. Partici- This is the backdrop which led to the by the plan, would be off-limits. pants are not guaranteed to get exactly what The Quincy group asked the Forest Service they want; no one has the power to stand by International Religious Freedom Act. The to incorporate its proposal into the official and judge the ‘‘merit’’ of the results. Al- International Religious Freedom Act was plans for the three national forests, but though ecology and economics play central crafted with four core principles. First, the International Religious Freedom Act is com- never got a definite answer. Convinced that roles, ecologists and economists have no spe- prehensive both in the scope of covered vio- the agency was too dysfunctional to respond, cial place. Like everyone else, they must sit lations, and in the full range of tools it pro- in 1996 the group took its plan to their con- at the table as citizens, striving to make vides to address the violations. By crafting a gressman, Wally Herger, a conservative Re- their community and its environment a bet- definition of violations of religious freedom publican. Herger introduced the Quincy pro- ter place to live. In short, Quincy’s efforts and those like it that focuses on the most common types of posal in the House, hoping to instruct the represent a new type of environmentalism: violations as well as the most egregious, the agency to heed the wishes of local commu- republican environmentalism, with a small Act attempts to resolve the problem before nities. It passed overwhelmingly—perhaps ‘‘r.’’ This new approach cannot address glob- these violations escalate into torture, im- the only time that Reps. Helen Chenoweth al problems like climate change. Nor should prisonment and even death. (R-Idaho), a vehement property-rights advo- it be routinely accepted if a local group de- Second, the International Religious Free- cate, and George Miller (D-Calif.) one of the cides on irrevocable changes in areas of para- dom Act was crafted to require action while greenest legislators on Capitol Hill, have mount national interest—filling in the preserving necessary flexibility for the agreed on an environmental law. Then the Grand Canyon, say. But even if some small President. The International Religious Free- bill went to the Senate—and slammed into town would be foolish enough to decide to do dom Act contains a menu of options, includ- resistance from big environmental lobbies. something destructive, there’s a whole ing eight diplomatic and seven economic From the start, the Quincy group had kept framework of national environment laws measures, from which the President must in touch with the Wilderness Society, the that would prevent it from happening. And, choose for each country that engages in vio- Natural Resources Defense Council and the despite the resistance of the national organi- lations of religious freedom. The Act also al- Sierra Club. The three organizations offered zations, the environmental movement should lows the President to calibrate any economic comments, and the Quincy group incor- not reject this new approach out of hand. Ef- measure. The President can, for instance, porated some. Still, the national groups con- forts to protect the environment over the suspend or limit foreign assistance, rather tinued to balk, instead submitting detailed past 25 years have produced substantial than cut it off entirely. The Act gives the criteria necessary to ‘‘merit’’ their support. gains, but have lately degenerated into a mo- President an additional option of taking When the Quincy plan became proposed leg- rass of litigation and lobbying. Community- commensurate action for any of the 15 op- islation, the national groups stepped up their based conservation has the potential to tions if the President determines that by attacks. The Quincy approach, said Sierra change things on the ground, where it mat- doing so he can further the policy of the Club legal director Debbie Sease, had a ters most.∑ United States set forth in this Act. Finally, ‘‘basic underlying flaw’’ using a cooperative, the President can exercise a waiver if impor- f local decision-making process to manage na- tant national interests require it, or if it tional assets. Jay Watson, regional director THE INTERNATIONAL RELIGIOUS would be harmful to those the Act seeks to of the Wilderness Society, said: ‘‘Just be- FREEDOM ACT help. cause a group of local people can come to The provisions of the International Reli- agreement doesn’t mean that it is good pub- ∑ Mr. NICKLES. Mr. President, on Oc- gious Freedom Act give the President eco- lic policy.’’ And because such parochial ef- tober 9, 1998, the Senate, by a vote of nomic and diplomatic tools to use that will S13000 CONGRESSIONAL RECORD — SENATE November 12, 1998 best fit the situation and most appropriately sion, and prevented under the laws of those Sections 201 to 206. The International Reli- deal with the problem. These tools can be nations from returning to the United States gious Freedom Act establishes a United modified based on the level of persecution in where they would enjoy religious freedom. States Commission on International Reli- the country, the country engaging in the In some cases, especially for girls, this gious Freedom. This Commission, which is persecution and our relationship with that amounts to a life sentence of living abroad. bipartisan in composition and will include country. This flexibility ensures that the In some countries, women may not travel both presidential and Congressional ap- International Religious Freedom Act will be abroad without the permission of their fa- pointees, will ensure that the President and more effective. The goal of the International ther or husband. The State Department the Congress receive independent rec- Religious Freedom Act is not to punish should work to secure the rights of its citi- ommendations—and where necessary, criti- countries but to change behavior. zens—including those living abroad, and the cism—of American policy in support of inter- Third, the International Religious Free- Commission on International Religious Free- national religious freedom. dom Act promotes long-term change through dom should monitor these cases. The Commission consists of 10 persons (in- several means, including comprehensive Each year, the Secretary of State, working cluding the Ambassador at Large, who sits human rights and religious freedom training with the Ambassador, must present this re- as an ex officio, non-voting member), chosen for U.S. officials and representatives, both in port to Congress by September 1. An Execu- for a period of two years; the Commission the Foreign Service and in the Immigration tive Summary highlighting the countries of sunsets in four years unless reauthorized. and Naturalization Service. The Act author- greatest concern with regard to religious The innovative appointment structure estab- izes U.S. assistance for the development of freedom and countries demonstrating signifi- lished in this Act ensures that five commis- legal protections abroad, broadcasting and cant improvement in the protection of that sioners will be selected by the President’s scholarly exchanges to promote religious right is to accompany the report. A classi- political party and four commissioners by freedom, and awards for meritorious Foreign fied, more detailed addendum may be pro- the other political party, no matter which Service Officers. vided to Congress. political party controls the White House or Fourth, the International Religious Free- Section 103. Internet Site for Religious either house of Congress. While this Act ap- dom Act establishes several positions to en- Liberty: To assist NGOs around the world, propriately defers to the President’s con- sure a permanent profile on and attention to the Act establishes a State Department stitutional authority in conducting policy religious freedom. It establishes an Ambas- Internet site posting the Annual Report, the toward foreign states, it is the intent of Con- sador at Large for International Religious Executive Summary and other international gress that the Commission hold policy mak- Freedom which is a permanent diplomatic documents on religious freedom. ers accountable to the purposes of this Act, position to spearhead U.S. advocacy for reli- Section 104. Religious Freedom Training: and, thus, ensure the Act’s effectiveness. gious freedom internationally. The Act also To ensure awareness by Foreign Service offi- The Commission will review the ongoing establishes a Commission for International cers of the nature and scope of violations of facts and circumstances of violations of reli- Religious Freedom to ensure accountability, religious freedom, the Act amends the For- gious freedom (both from government re- and to provide independent policy rec- eign Service Act of 1980 to require training ports and from other sources) and make pol- ommendations as the Act is implemented. in human rights, including violations of reli- icy recommendations. While the Commis- The Annual Report further provides account- gious freedom, as standard training for For- sion’s annual report on May 1 will stand as ability by reporting the actions of the U.S. eign Service officers. Training is mandatory its main formal duty under the sequence of government. for officers with reporting responsibilities requirements established by the Act, it is and for Chiefs of Mission. the intent of Congress that the Commission The following is a commentary on Section 105 & 106. Contacts with NGOs: be diligent in monitoring violations of reli- several sections of the International Embassies are required to seek out religious gious freedom on an ongoing basis and make Religious Freedom Act. NGOs and meet with imprisoned religious its policy recommendations on a timely leaders where appropriate and beneficial. Section 101. Ambassador-at-Large for Reli- basis and with an urgency and specificity ap- These contacts will not only help our gov- gious Liberty: This section creates a high- propriate to circumstances. ernment gather the facts accurately as it profile diplomat under the Secretary of Section 301. This section is a Sense of the prepares the Annual Report, but also will State, vested with the authority to contin- Congress that there should be at the Na- prove valuable as our government seeks to ually and forcefully raise the issue of reli- tional Security Council a Special Advisor on formulate policies to promote religious free- gious persecution in bilateral and multilat- International Religious Freedom, who mon- dom around the world, as described in sec- eral forums. The Ambassador is responsible itors persecution and serves as a resource tion 403. A Sense of the Congress directs em- for ensuring advocacy for, and high-quality and policy advisor for executive branch offi- bassies to craft a strategy for the promotion reporting on, religious freedom by American cials. Embassies around the world. The Ambas- of religious liberty. sador also is to make policy recommenda- Section 107. Equal Access to U.S. Embas- TITLE IV tions to the President and the Secretary of sies: The Act grants access to U.S. citizens This title requires that the President take State to advance the right to religious free- (and, at the embassy’s discretion, to nation- action to address violations of religious freedom abroad. als) to U.S. missions abroad for religious ac- dom each year in each country around the Section 102. Reporting: This section tivities on a basis no less favorable than for world where these violations take place. strengthens existing reporting requirements. other nongovernmental activities unrelated Section 401. If a country engages in viola- The Ambassador is to assist in the prepara- to the conduct of the diplomatic mission. tions of religious freedom as defined in the tion of the sections on religious freedom in For instance, it is inconsistent that permis- bill, then the President must, at least once a the State Department Human Rights Coun- sion be granted by U.S. missions to allow the year, choose one or more of the options list- try Reports, and embassy personnel are di- dispensing and social consumption of alco- ed in the menu of options found in section rected to seek out and investigate reports of holic beverages and the serving of pork prod- 405. If the President decides to take one of violations of religious freedom. ucts, contrary to local law, while discourag- options 9 through 15, then the President This section also creates an Annual Report ing such permission for holding religious must fulfill the requirements of section 403 on International Religious Freedom. This re- services. The fact that several other foreign and 404, which provide appropriate scrutiny port details the status of religious freedom consulates afford access to worship for their and review of potential sanctions. in each country around the world, and pro- citizens disproves the suggestion that diplo- Section 402. The President must, at least vides a comprehensive accounting of the vio- matic interests preclude similar provision once a year, make a determination as to lations of religious freedom, how severe they for Americans by the State Department. which countries around the world are en- are and where they occur. The report is to Many other social and American community gaged in particularly severe violations of re- give an indication of trends towards im- activities without discernable diplomatic ligious freedom. The President may make provements in protecting religious liberty, purpose will no doubt continue, and in most those determinations any time during the and trends toward the deterioration of that cases should continue. Religious service ac- year, providing the flexibility to respond protection. The report will also include in- cess requests under section 107 may receive quickly and appropriately to occurrences of formation regarding U.S. government ac- no less consideration than these other activi- religious persecution. tions taken to promote religious freedom ties occurring on U.S. mission premises. If the President finds a country to be en- abroad. The U.S. government, when compil- Section 108. Prisoner Database and Issue gaged in particularly severe violations of re- ing this report, must work with non-govern- Briefs: To prompt advocacy at every possible ligious freedom, then the President is re- mental organizations (NGOs), when appro- opportunity, the bill directs the State De- quired to select one or more of options 9 priate, to ensure that each report contains partment to maintain country-specific lists through 15 or take commensurate action as the most accurate information. of religious prisoners and issue briefs on poli- found in section 405. The Annual Report must also include in- cies restricting religious liberty, to be pro- Once the President makes such a deter- formation on the forced conversion of minor vided to executive branch and Congressional mination, the President is to identify the U.S. citizens living abroad. It has come to leaders for use in meetings with foreign dig- government agency or instrumentality and my attention that our government has done nitaries. In compiling these lists, the Act the specific officials responsible for the per- little to resolve cases of the victimization of gives the Secretary of State the discretion to secution so that sanctions are as narrowly minors who have been taken to a foreign decide whether including a name on the list targeted as possible to those entities respon- land, subjected to forced religious conver- harms or helps the prisoner. sible for the persecution. November 12, 1998 CONGRESSIONAL RECORD — SENATE S13001 Any economic action taken pursuant to a hired abroad, and to provide greater over- mushrooms demands of their rapidly determination made under this section can- sight of U.S. hiring polices, section 602 re- growing industry. Universities are also not be taken until the provisions of section quires the Attorney General and the Sec- unable to obtain enough talented fac- 403 and 404 have been satisfied. However, in retary of State to develop and implement ulty members and researchers to fill keeping with the Act’s purpose of changing anti-bias guidelines, and to develop guide- critical high-tech academic positions. behavior, the President must first make lines for entering into agreement with local every reasonable effort to conclude a binding refugee processing organizations. If these shortages persist, the growth agreement with the foreign country to cease The Act also requires all U.S. refugee-proc- and vitality of U.S. high-tech compa- the violations. If such an agreement is con- essing officers to receive the same level of nies will be undermined and our role as cluded, the President is not required to im- training as U.S. asylum officers, who cur- a leader in technology and research pose a sanction on that particular country rently receive more comprehensive training. will be diminished. for that particular year. This training includes instruction on the na- The obvious solution to this current The Congress also recognizes that once ture and extent of religious persecution crisis is to increase the number of tem- sanctions are imposed under the Inter- abroad. The Act also requires Foreign Serv- porary visas available to skilled for- national Religious Freedom Act, implement- ice officers who might have refugee-process- eign workers. But the increase should ing sanctions the following year could be ing responsibilities to receive adequate counterproductive. Accordingly, the Act pro- training in refugee law and in the nature of not be permanent. Our immigration vides that in such cases, or if a comprehen- religious persecution abroad. laws should not jeopardize opportuni- sive sanctions regime is already in place in Section 603. Reform of Asylum Policy: U.S. ties for young Americans, downsized significant part because of human rights officials are assisted in processing potential defense workers, and others who wish abuses, the President may designate those asylees by interpreters, and other non-U.S. to enter the dynamic field of high-tech sanctions as fulfilling the purposes of the personnel who may be influenced by unfairly industries. Act. prejudicial biases that may affect such proc- The current compromise reaches a It is the intent of Congress that this Act essing. To lessen the possibility of unfair dis- fair balance—by temporarily increas- require action abroad specifically and rec- crimination by such personnel, section 603 ing the number of high-tech visas over ognizably in response to violations of reli- requires the Attorney General and the Sec- the next three years, and then reinstat- gious freedom, and that no provisions of the retary of State to develop and implement Act exempt the Department of State from anti-bias guidelines. Personnel of airlines ing the current annual cap of 65,000 recognizing that violations of religious free- owned by foreign governments known to en- visas after the third year. dom have occurred and taking action in re- gage in persecution are prohibited from em- Many of the foreign workers who will sponse to those violations. ployment as interpreters. The Act requires benefit from this compromise are ex- This section includes a provision that any training for all immigration inspectors, asy- ceptionally talented. They represent determination made under this Act, or any lum officers and immigration judges in the the ‘‘best and brightest’’ the world has amendment to this Act, shall not trigger any nature and extent of religious persecution to offer. We welcome these accom- termination of assistance or activities as abroad. plished individuals and the unique outlined in sections 116 and 502B of the For- Section 604. Inadmissibility of Foreign skills they will bring to strengthen and eign Assistance Act of 1961. Government Officials Who Have Been En- diversify our economy. Section 403. The consultations outlined in gaged in Severe Violations of Religious Free- this section are necessary to achieve a co- dom: Section 604 provides that foreign gov- However, most of the positions that ordinated international policy, to ade- ernment officials responsible for particularly will be filled by these additional for- quately ensure the safety of persecuted indi- severe violations of religious freedom in the eign workers are simply good middle viduals or communities and to ensure that last two years, and their families, shall not class jobs. Most of the jobs are lower the economic interests of the United States be admitted to the United States. level computer programmers. Many are are considered before our government takes Section 605. Studies on the Effect of Expe- physical therapists, occupational economic action. dited Removal for Asylum Claims: Under therapies, or nurses. It is shameful Many NGOs have operations in the very section 605, the Commission on International that U.S. workers do not have the countries where persecution is ongoing and Religious Freedom may invite outside ex- skills to compete for these jobs. The these organizations can provide valuable in- perts to cooperate with the U.S. General Ac- sight as to how the problem of violations of counting Office in studying and reporting on fact that American workers lack the religious freedom can best be alleviated, and the effect of the expedited removal process training skills to compete for these can help our government better understand on potential asylees. good jobs is an incident of our edu- specific situations in the country of concern Section 701. The Act recognizes that cational system. Clearly, we need to do or the potential harm any punitive action transnational corporations play an increas- more to find a long-term solution to might have on their organization or per- ing role as agents for change around the this festering problem. And this bill secuted communities. It is the intent of the world and have a great potential for positive gives three years to address this fail- Congress that these consultations be the leadership abroad in human rights. The Act ure. norm. states the Sense of the Congress that U.S. I have long insisted that any legisla- TITLE V transnational corporations should adopt tion increasing these visas should sub- This title seeks to promote religious free- codes of conduct upholding the religious rights of their employees.∑ stantially invest in improved job train- dom through authorizing assistance for legal ing for U.S. workers and better edu- protections of religious freedom abroad, f cation for U.S. students. We must give international exchanges, international broadcasting to promote religious freedom AMERICAN COMPETITIVENESS the U.S. workers the skills they need and through incentives and awards to our AND WORKFORCE IMPROVEMENT to qualify for these jobs. It makes no diplomatic community to promote religious ACT sense to throw in the towel by increas- freedom. ing quotas—even temporarily—without Section 601. Use of Annual Report: This ∑ Mr. KENNEDY. Mr. President, I com- also investing in our own labor force. section provides that the Annual Report on mend Senator ABRAHAM, the Chairman As a nation, we have an obligation to International Religious Freedom serve as a of the Senate Immigration Subcommit- invest in our own workers and stu- resource for U.S. officials adjudicating asy- tee, for his leadership in reaching this dents. lum and refugee applications involving acceptable compromise that addresses Many firms are doing the right thing. claims of religious persecution. U.S. officials the needs of our high-tech industry and Many of the large computer companies may not deny a claim solely because condi- is fair to U.S. workers. I also commend tions described by an applicant are not ref- spend millions of dollars each year erenced by the Annual Report. the White House for its strong commit- training their workers, and encourag- Section 602. Reform of Refugee Policy: U.S. ment to protecting the U.S. labor ing young men and women to choose officials are assisted in processing potential force. This is an issue of major impor- high-tech careers. The compromise be- refugees around the world by personnel hired tance to the high-tech industry and fore us today enhances that commit- abroad. Unfortunately, such personnel are U.S. workers. High-tech jobs are grow- ment. sometimes influenced by unfairly prejudicial ing at three times the rate of other Earlier this year, Senator FEINSTEIN biases that affect their screening and proc- jobs. Over the next ten years, high-tech and I proposed a way to provide genu- essing of potential refugees. United States computer companies will need 1.3 mil- refugee policy should not be compromised by ine training for American workers, local prejudices based on religion, race, na- lion additional employees. without costing the taxpayer a single tionality, membership in a particular social Few dispute the fact that today, U.S. penny. I am pleased that the legisla- group, or political opinion. To lessen the pos- high-tech companies are unable to find tion before the Senate today incor- sibility of unfair discrimination by personnel enough skilled workers to meet the porates our idea and achieves this goal. S13002 CONGRESSIONAL RECORD — SENATE November 12, 1998 It contains a reasonable fee for visa pe- Companies will be required to offer Despite these flaws, the compromise titions and visa renewals for high-tech jobs to any U.S. workers who applies is, on the whole, fair to both U.S. and foreign workers. The $500 visa applica- for a position and is equally or better foreign workers. It provides much- tion fee included in the compromise qualified for the job than the foreign needed protections for foreign workers. will generate approximately $75 mil- applicant. U.S. workers should have We must make sure that foreign work- lion a year. first crack at these jobs, and with this ers who are brought to this country are One third of these funds will be used legislation, they will have it. not abused by their employers. The law to fund National Science Foundation We should also make every effort to requires that temporary foreign work- scholarships in math, engineering, and retain skilled U.S. workers presently ers must be paid the prevailing wage computer science for low-income stu- holding these high-tech positions. for the specialty work they perform, dents. The remaining funds will be used There have been countless media sto- including salary and benefits. This to train U.S. workers. As a result, ries about predatory high-tech com- compromise requires employers to many students and many workers will puter firms firing talented middled- treat all similarly situated workers obtain the skills necessary to compete aged employees and replacing them equally. successfully for these good jobs. It is with foreign workers willing to work Finally, I am pleased that the com- imperative that we provide as many longer hours for less pay. In the most promise contains whistleblower protec- U.S. workers as possible with the skills flagrant instances, the replaced U.S. tions I had recommended earlier this and specialized training to qualify for workers have even been asked to train year. Despite serious abuses, few com- these positions. their foreign replacement. plaints were filed by workers because I am pleased that this compromise The high-tech industry must also do they were afraid of retaliation. Foreign contains needed protections to guard a better job of recruiting U.S. workers. workers were afraid that if they com- against such abusive layoffs. Until We have all read the reports about un- plained they would lose their jobs and now, it was legal under our immigra- scrupulous employers who pay only lip- tion laws for an employer to fire U.S. be forced to leave the country. Amer- service to recruiting U.S. workers, be- workers and replace them with cheaper ican workers were afraid to complain cause they know they can obtain foreign workers. As a condition of par- because they feared being blackballed cheaper foreign labor. It makes sense ticipating in this compromise, employ- in the industry. that employers should recruit in the ers covered under the legislation must This compromise protects workers U.S. first, in cities like Boston, De- attest that they have not laid off U.S. who courageously report violations. troit, or Los Angeles, before bringing workers and tried to replace them with Those who report abuses to the Depart- workers in from Beijing, New Delhi, or foreign workers. ment of Labor may request that their Moscow. Only if employers cannot find The compromise contains many identity not be disclosed. And more im- qualified U.S. workers, should they be worthwhile provisions, but it also has portant, workers who file complaints allowed to recruit and hire foreign flaws. One of the most serious defects or cooperate with investigations can- workers. is that the new recruitment and layoff not be intimidated, threatened, re- The following are a few examples of attestations do not cover all employers strained, coerced, blacklisted, or dis- how U.S. employers have only payed hiring skilled foreign workers. The charged by their employer. lip service to recruiting U.S. workers. compromise exempts the largest high- Overall, this compromise is a reason- A high-tech facility in New Mexico tech companies from the new attesta- able solution of the current difficult announced a hiring freeze and refused tion requirements, even though some problem. It deserves bipartisan sup- to accept job applications. But at the of these firms are the most serious vio- port.∑ same time, they brought in 53 foreign lators. f workers under the high-tech visa pro- Nevertheless, the Department of gram. TARIFF AND TECHNICAL CORREC- Labor will have increased enforcement TIONS ACT OF 1998—H.R. 4342 Alan Ezer is a 45-year-old computer powers. Under the previous law, the programmer with 10 years of experi- Department of Labor was restricted to ∑ Mr. ROTH. Mr. President, on Sep- ence in the field. He has kept his skills waiting for complaints to be filed be- tember 29, the Finance Committee re- up to date. He was willing to take a fore they could act. The Department ported unanimously H.R. 4342, the Mis- pay cut to stay in the industry. After will now have authority to investigate cellaneous Tariff and Technical Correc- he was laid off, he sent out 150 resumes. compliance if they receive specific tions Act of 1998. It was my hope that He got only one job interview and no credible information that a violation we would pass this legislation this job offers. has occurred. Additionally, the Depart- year. Unfortunately, for reasons unre- Rose Marie Roo is an experienced ment of Labor will now be empowered lated to the substance of the bill, this computer programmer. But when no to conduct random investigations of did not happen. one would hire her to do computer even exempt employers if they are The failure of this legislation is dis- work, she and her husband opened a found to have committed violations. appointing because it served a number bed and breakfast in Florida. Violators will face stiffer fines and of important practical purposes. For Peter Van Horn, age 31, has a mas- other punishment. example, this bill would have tempo- ter’s degree in computer science. He A second flaw in the legislation is the rarily suspended or reduced the duty lives in California, but employers won’t failure to cap the number of visas made on a large number of products, includ- hire him either. available to health care workers. The ing a wide variety of chemicals used to The list goes on and on. Many of the effect of the abolition of this cap is make anti-HIV, anti-AIDS and anti- nation’s high-tech firms are blatantly that U.S. health care workers, particu- cancer drugs. Also included were cer- turning away qualified U.S. workers larly physical and occupational thera- tain organic pigments which are envi- while appealing to Congress for more pists, will be increasingly unable to ronmentally benign substitutes for pig- foreign workers. find work. A recent study by the Amer- ments containing toxic heavy metals. As a result of this problem, Senator ican Physical Therapy Association in- In each instance, there were either FEINSTEIN and I fought long and hard dicates that by the year 2000, there will no domestic production of the product to ensure that strong recruitment re- be an 11% surplus of physical thera- in question or the domestic producers quirements would be included in the pists in the United States. By the year supported the measure. By suspending high-tech visa legislation. This com- 2005, this surplus will increase to 20– or reducing the duties, we would have promise contains a worthwhile provi- 30%. Faced with these estimates, it is enabled U.S. firms that use these prod- sion on this issue, and I commend Sen- impossible to conclude that there is a ucts to produce goods in a more cost ef- ator ABRAHAM for supporting our ef- shortage of physical therapists in this ficient manner, thereby helping create fort. country. I urge the Department of jobs for American workers and reduc- High-tech companies will be required Labor to reconsider its classification of ing costs for consumers. to demonstrate that they have taken physical and occupational therapy as The bill also contained a number of good faith steps to recruit in the U.S., occupations for which there is a blan- technical corrections and other minor according to industry-wide standards. ket shortage of labor. modifications to the trade laws that November 12, 1998 CONGRESSIONAL RECORD — SENATE S13003 enjoyed broad support. One such meas- said previously, I had intended to offer ugees. Over the years, we have enacted ure would have helped facilitate Cus- an amendment on this issue, but I am legislation to guarantee that Hungar- toms Service clearance of athletes that satisfied by the Committee’s report ians, Cubans, Yugoslavs, Vietnamese, participate in world athletic events, and by the remarks of the Chairman Laotians, Cambodians, Poles, Chinese, such as the upcoming Women’s World that such an amendment would be re- and many other refugees will not be Cup, the Winter Olympic Games in Salt dundant and unnecessary.∑ sent back to unstable or repressive re- Lake City, Utah, and the International f gimes. Special Olympics. Another measure Last year, we adopted legislation to would have corrected certain outdated THE HAITIAN REFUGEE protect Nicaraguans and Cubans. But references in the trade laws. IMMIGRATION FAIRNESS ACT Haitians were unfairly excluded from For each of the provisions included in ∑ Mr. KENNEDY. Mr. President, it is a that bill. The time has come for Con- this bill, we had solicited comments privilege to join Senator GRAHAM, Sen- gress to end the bigotry. We must rem- from the public and from the Adminis- ator MACK, Senator ABRAHAM and our edy this flagrant omission and add Hai- tration to ensure that there was no other distinguished colleagues in sup- tians to the list of deserving refugees. controversy or opposition. Only those porting the Haitian Refugee Immigra- By approving the Haitian Refugee measures that were non-controversial tion Fairness Act. Last year Congress Fairness Immigration Act, we can fi- and that had no opposition were in- enacted the Nicaraguan Adjustment nally bring to an end the shameful dec- cluded in the bill. and Central American Relief Act, ades of unjust treatment of Haitians. The failure of this bill is also dis- which enabled Nicaraguan and Cuban As the decisions of federal judges over appointing because of the amount of refugees to remain permanently in the the past two decades make clear, time and effort that the staff put into United States as immigrants. Haitans are treated with blatant dis- preparing this extremely technical Haitian refugees deserve no less. crimination under our immigration piece of legislation. That is why I These refugees have seen their rel- laws. Throughout the 1980’s, less than 2 would like to give special thanks to atives, friends and neighbors jailed, or percent of Haitians fleeing the atroc- Faryar Shirzad, Linda Menghetti, Tim murdered, or abducted in the middle of ities committed by the Duvalier re- Keeler, Lisa Lee, Marsha Moke, Mat- the night and never seen again. They gimes were granted asylum. Yet, other thew Sorenson, Bruce Anderson, Bob have fled from decades of violence and refugee groups had approval rates as Merulla and Myrtle Agent from the Fi- brutal repression by the Ton Ton high as 75 percent. nance Committee staff, Polly Craighill, Macoutes, and later by the military re- Haitian asylum seekers were de- from the Office of Legislative Counsel, gime which overthrew the first demo- tained by the Immigration and Natu- and Hester Grippando from the Con- cratically elected president of Haiti. ralization Service, but asylum seekers gressional Budget Office, for their ex- The people of Haiti have struggled from other countries were routinely re- tensive work on this legislation.∑ long and hard to establish a democracy leased while their asylum applications ∑ Mr. BENNETT. Mr. President, I rise in their nation. They endured repres- were processed. Until recently, Hai- today to commend Senator D’AMATO, sion and suffered persecution at the tians have been the only group inter- the Chairman of the Banking Commit- hands of successive governments. Hai- cepted on the high seas and forcibly re- tee, for his diligence in bringing this tians supporting democracy have faced turned to their home country, without legislation dealing with credit unions torture, extra-judicial killings, impris- even the opportunity to seek asylum. to the floor in a timely manner. Al- onment, and other forms of persecu- We welcomed boat people from Cuba, though I have concerns with the com- tion. The State Department has docu- Vietnam and other parts of the world. mercial lending provisions in the legis- mented these and other gross viola- But for years, we picked up Haitians on lation, I do support the underlying bill. tions of human rights. the high seas and sent them back to I do have one question, however for The Bush administration found that the Chairman of the Banking Commit- Haiti, in violation of international ref- the vast majority of Haitian refugees tee relating to the community credit ugee laws. were fleeing from political persecution. This Congress has the opportunity to union provisions in the act. Specifi- Thousands of these Haitians were pa- right the shameful wrongs that Haitian cally, I am concerned with the way roled into the United States after es- refugees have suffered. We have before that the National Credit Union Admin- tablishing a credible fear of persecu- us a bill that offers full protection of istration (NCUA) will design their reg- tion. Many others filed bona fide appli- our laws to these victims of persecu- ulations dealing with the size and tion in their fight for democracy. The scope of community credit unions. Al- cations for asylum upon arrival in the though I had initially intended to offer United States. call for democracy is being heard This legislation will enable Haitians an amendment limiting the size of a around the world, and America’s voice federally-chartered community credit to apply for adjustment of status if has always been the loudest. How can union to three or four contiguous cen- prior to December 31, 1995, they were we advocate democracy on the one sus tracts, after discussing the matter paroled into the U.S., under any of the hand, and then deny protection to with the Chairman I decided that my parole classifications, or filed for asy- those who heed our call and are forced amendment would be unnecessary. lum. Additionally, as a result of an to flee their homeland as a result? Mr. D’AMATO. I commend the Sen- amendment proposed by Senator ABRA- The struggle for democracy is often ator from Utah for his interest in this HAM and I, a significant number of un- dangerous and life threatening. Ask issue and thank him for refraining accompanied children and orphans who Nestilia Robergeau, who knows first from offering this amendment. The did not have the capacity to apply for hand the high price of supporting de- Senator is quite correct when he states asylum for themselves will also be eli- mocracy on Haiti. She and her brother that his amendment would be unneces- gible to apply for adjustment of status. started a youth group in support of sary. The Banking Committee was very Like other political refugees, Hai- Haiti’s democratically elected Presi- careful and direct in its instructions to tians have come to this country with a dent, Jean Bertrand Aristide. After a the NCUA in Section 103 of the legisla- strong love of freedom and a strong military coup ousted President tion, where the NCUA is instructed to commitment to democracy. They have Aristide, her brother was murdered by define a ‘‘well-defined local commu- settled in many parts of the United the military, and she went into hiding nity, neighborhood, or rural district.’’ States. They have established deep in the woods around her village until Additionally, in the Committee’s re- roots in our communities, and their she could escape from Haiti in a small port, language was inserted to make children born here are U.S. citizens. boat. Today, she lives in Atlanta and this point especially clear. The Com- Wherever they have settled, they have holds two jobs. She is active in her mittee intends for the NCUA to limit made lasting contributions to the eco- local church, and hopes to be a nurse. federally-chartered community credit nomic vitality and diversity of our Last year, she told the Subcommittee unions to be subject to well-defined, communities and the nation. on Immigration that ever since she ar- local, geographic expansion limits. This issue is about basic fairness. rived in the United States, she has Mr. BENNETT. I thank the Chairman The United States has a long and noble lived in fear of being sent back to for his clarification on this issue. As I tradition of providing safe haven to ref- Haiti. S13004 CONGRESSIONAL RECORD — SENATE November 12, 1998 Even the youngest Haitian refugees side of the road to die. But she sur- Catholic Conference, the Church World live in fear of being returned to Haiti. vived, and she and Mr. H escaped by Service, the American Baptist Church- Ask Louisiana, a sixth grader at West boat. They were picked up by the Coast es, the Mennonite Central Committee, Homestead Elementary School in Guard, and brought to the United the Council of Jewish Federations, the Miami. She fled to the United States States. They married and now live in Lutheran Immigration Refugee Serv- with her aunt, after her father, a pro- Massachusetts. Their two children ice, the United Methodist General democracy activist, was murdered by were born here. Yet, Mr. H and his wife Board of Church and Society, the Pres- the Haitian military. Last winter, Lou- could be deported without this legisla- byterian Church (USA) and many, isiana told us that she was terrified tion. many more. As Jack Kemp wrote to that she will be sent back to Haiti. She Congress has a duty to offer the same Congress earlier this year ‘‘This issue is terrified that the same people who protection to these Haitians that we presents a chance to do the right thing killed her father will come after her in have offered over the years to other by rectifying an omission in last year’s Haiti. She asked us to please pass a law refugees fleeing from repressive re- bill, and to uphold our nation’s tradi- that will let her stay in the United gimes. This bill is about what is fair, tion of accepting refugees.’’ States, where she is safe. what is right, and what is just. We owe We should do all we can to end the Ask Mr. H in Massachusetts, a jour- it to Louisiana, to Nestilia, and to the current flagrant discrimination under nalist in Haiti who criticized the Hai- thousands of other Haitians forced to the immigration laws. Haitian refugees tian military government, and was re- flee their homes because they believed deserve protection too—the same pro- peatedly arrested for his outspoken in the promise of democracy. tection we gave to Nicaraguans and Cu- views. Finally, he went into hiding in This legislation has strong bipartisan bans last year. We need to pay more Haiti. When soldiers could not find support. It is supported by a wide range than lipservice to the fundamental him, they abducted his girlfriend, bru- of nationwide organizations, including principle of equal protection of the tally beat her, and dumped her by the the Americans for Tax Reform, U.S. laws.∑ November 12, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E2307 EXTENSIONS OF REMARKS

IMF REFORM IS URGENTLY IMF loan facility is to be used only in ``excep- eign governments have requested that the NEEDED tional'' circumstances. United States waive immunity for American Furthermore, the clear intent of this reform diplomats who have committed serious crimes. HON. JIM SAXTON initiative is to require interest rates comparable The information provided will allow the Con- OF NEW JERSEY to market interest rates, as expressed in H.R. gress to reexamine its current policies regard- IN THE HOUSE OF REPRESENTATIVES 3331. What I intended in my bill was the use ing diplomatic immunity while determining of a basic reference market interest rate, with whether further agreements between nations Thursday, November 12, 1998 an adjustment for risk added, so as to approxi- and/or legislation is needed to reduce the ap- Mr. SAXTON. Mr. Speaker, I rise in support mate the market interest rate a particular bor- plicability of such privilege. of reforming the International Monetary Fund rower would face. This would be at least equal Mr. Speaker, while it is clear that most indi- (IMF). The reforms to be included in the ap- to the market interest rates available to a bor- viduals entitled to diplomatic immunity main- propriations bill, and particularly the enforce- rower just before a crisis. tain the highest standards of conduct while ment provisions, are not nearly as extensive Prior to these negotiations, the staff of the carrying out their duties, we must recognize as I would have liked. Nonetheless, if these Joint Economic Committee devised a floor to instances when such privilege should not be reforms are permitted to take effect, they will permit an objective limit on how low the rate provided. I am often reminded on Viviane be steps in the right direction toward a longer- could go for the sole purpose of limiting the Wagner's struggle to hold a foreign diplomat term reform of the IMF. potential for egregious abuse. What emerged criminally responsible for a drunk driving acci- The implementation of the IMF reforms in in the reform was an interest rate formula pro- dent which claimed the life of her daughter, this bill will be an important test of the good viding a floor, whereas in the IMF lending fa- Joviane Waltrick. Although the diplomat's im- faith and credibility of the Treasury Depart- cility this approach appears to be effectively a munity was later waived, we must recognize ment and IMF. We in Congress will also have ceiling. The interest rates floor in the reform that such reckless conduct should not be sub- to do our part to maintain vigilant and inten- should not be viewed as determining the ap- ject to immunity under any circumstance or in sive oversight to ensure these reforms are im- propriate interest rate, which will vary depend- any country. plemented in accordance with congressional ing on the risk factors present in different bor- Mr. Speaker, I urge my colleagues to sup- intent, and I am planning to establish a sys- rowing countries. port passage of S. 759. This measure will pro- tematic way to do this while also advancing an In the course of four hearings held by the vide useful information for the Congress to de- agenda for further IMF reform. Joint Economic Committee (JEC) the issues termine more appropriate circumstances for With regard to the reforms themselves, a re- involving transparency and an end to interest the application of diplomatic immunity. Vote view of their development from earlier legisla- rate subsidies were explored in extensive de- yes on S. 759. tion is critical to understanding congressional tail, as well as other issues. A complete legis- f intent. The structure of the reforms pertaining lative history of the IMF reforms about to be to transparency and market interest rates is enacted with a view toward establishing con- CONFERENCE REPORT ON H.R. 4328, clearly based on the IMF Transparency and gressional intent must include not only H.R. DEPARTMENT OF TRANSPOR- Efficiency Act, H.R. 3331, which I introduced 3331, but also the germane material covered TATION AND RELATED AGEN- with Majority Leader Armey and others last in these JEC hearings, the only hearings held CIES APPROPRIATIONS ACT, 1999 March. The reform proposals in the budget bill that examined these reforms in any detail. are essentially narrowed versions of the policy In summation, the broad congressional in- HON. BILL PASCRELL, JR. changes mandated in the IMF Transparency tent behind these IMF reforms is clear, and is OF NEW JERSEY and Efficiency Act. reflected in the legislative history. A good faith IN THE HOUSE OF REPRESENTATIVES The biggest change is in the enforcement effort to carry out these IMF reforms in keep- Thursday, November 12, 1998 mechanism in this act, which has been re- ing with the letter and spirit of the law will be placed by a much weaker enforcement provi- as evident as the failure to do so. Mr. PASCRELL. Mr. Speaker, I strongly sion in the appropriations bill. Obviously I am f support Section 117 of the Treasury Appro- disappointed with these changes, particularly priations Conference Report now part of the with the weaker enforcement provisions, be- REQUIRING THE SECRETARY OF FY 1999 Omnibus Appropriations Bill, which cause it is unclear how diligently the Treasury STATE TO SUBMIT AN ANNUAL passed the House of Representatives on Oc- and IMF will implement the reforms without REPORT TO CONGRESS CONCERN- tober 20, 1998. This Section arose out of a airtight enforcement. Further enforcement ING DIPLOMATIC IMMUNITY need to assist American victims of terrorism in measures will be called for if this mechanism recovering assets of states that sponsor terror- proves insufficient. HON. LOUIS STOKES ism in order to help satisfy civil judgments With respect to the IMF transparency re- OF OHIO against such state-sponsors. The purpose of forms in the appropriations bill, suffice it to say IN THE HOUSE OF REPRESENTATIVES this provision is to put teeth into the laws that they reflect a strong congressional consensus this Congress has passed regarding those na- that IMF documents be publicly released, and Thursday, November 12, 1998 tions who sponsor terrorism. that IMF minutes of IMF board meetings Mr. STOKES. Mr. Speaker, I rise in strong I would like to briefly comment and clarify should be publicly released in some form. Any support of S. 759 which requires the Secretary the operation of Section 117. Subsection abuse of the flexibility provided in this lan- of State to submit an annual report to Con- (f)(1)(A) clarifies existing law to allow the post- guage would clearly not be acceptable. gress concerning any pending or ongoing judgment seizure of blocked foreign assets of With regard to the interest rate provisions, cases involving foreign diplomats in the United terrorist states to help satisfy judgments result- the higher interest rates are required any time States who commit serious crimes. This meas- ing from actions brought against them under the defined conditions of a balance of pay- ure will allow the Congress to monitor serious Section 28 U.S.C. 1605(a)(7), the Foreign ments problem emerge. The compromise lan- offenses committed by individuals with such Sovereign Immunities Act's exception to im- guage uses some terms to describe these immunity to ensure that this privilege is not munity for acts of state sponsored terrorism in- conditions also used by the IMF to describe abused. volving the death or personal injury of a an existing IMF loan facility, but there are es- This bill directs the Department of State to United States national. sential differences that are important to note. provide adequate and pertinent information to Subsection (f)(2)(A) establishes require- Most importantly, the reform is to apply to all the Congress for determining the frequency ments upon the Secretary of the Treasury and situations where the defined and rather typical and legitimacy of diplomatic immunity claims Secretary of State to assist in locating the characteristics associated with a balance of requested by foreign governments. Moreover, blocked assets of terrorist states in order to fa- payments problem are present, whereas the the report will include incidents in which for- cilitate attachment and execution. Section (d)

∑ 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. E2308 CONGRESSIONAL RECORD — Extensions of Remarks November 12, 1998 allows the President to waive the requirements standing, and his constituents can be proud of Brussels, which is located between the Illi- of Subsection (f)(2)(A). Section (d) does not, his tireless efforts on their behalf. I wish him nois and Mississippi Rivers, has a unique and however, allow the waiver of subsection success in his future pursuits and happiness special quality that is missing in many cities (f)(1)(A), as that subsection modifies existing in the years to come. today. In our time of highly advanced tech- law, but imposes no ``requirement.'' f nology it is refreshing to see a community like The intent of Congress is clear and unam- Brussels cherished for its heritage and history. biguous. The provision under discussion, Sec- TRIBUTE TO MCREST Again, I would like to congratulate Mayor tion 117, is designed to send a message Sarah Kinder and the residents of Brussels, Il- around the globe to those nations who spon- HON. DAVID E. BONIOR linois for making this town special, not only sor terrorism. That message is straight- OF MICHIGAN because of its great history, but because of its forwardÐyour assets are no longer protected IN THE HOUSE OF REPRESENTATIVES great people. from justice. The United States will no longer Thursday, November 12, 1998 f sit idly on the sidelines when our citizens and Mr. BONIOR. Mr. Speaker, I am honored to SONNY BONO COPYRIGHT TERM children are ruthlessly murdered in acts of have the opportunity to recognize the achieve- EXTENSION ACT state-sponsored terrorism. When a Court of ments of a very special organization. For the competent jurisdiction has determined that a past ten years, the Macomb County Rotating terrorist state has sponsored acts of terrorism HON. JOHN CONYERS, JR. Emergency Shelter Team has been providing OF MICHIGAN resulting in the death or personal injury of a temporary emergency shelter for the homeless United States national, any and all of their as- IN THE HOUSE OF REPRESENTATIVES in Macomb County, Michigan. On November Thursday, November 12, 1998 sets in this country may be attached and exe- 5, 1998, community members, volunteers and cuted to satisfy the judgment. The reality of host church participants will join in to celebrate Mr. CONYERS. Mr. Speaker, on October 9, significant financial loss to terrorist states will the 10th Anniversary of this exceptional orga- 1998, I inserted a brief statement in the be a critical deterrent to further acts of terror- nization. RECORD regarding S. 505, the Sonny Bono ism targeted at the citizens of this country. Prior to the opening of MCREST in 1988, Copyright Term Extension Act. f many of the homeless from Macomb County In my statement, I expressed strong support were forced to go to other counties due to lack for the extension of the statutory term of copy- TRIBUTE TO THE HONORABLE right protection. I neglected to note how ap- THOMAS J. MANTON of shelter facilities. During their first year, eight churches participated in the program and propriate it was to name the bill after the late could only provide for the very basic needs of Sonny Bono. Although we on the Judiciary HON. ALBERT RUSSELL WYNN the homeless. MCREST is unique in that the Committee are now fortunate to have MARY OF MARYLAND homeless are actually sheltered in each par- BONO amongst our ranks, I would like the IN THE HOUSE OF REPRESENTATIVES ticipating church, not a permanent shelter record to reflect how much we miss Sonny. Thursday, November 12, 1998 building. Bedding, beds, and all other equip- Members of Congress have very few bills named after them, and the Copyright Term Mr. WYNN. Mr. Speaker, I rise today to pay ment, supplies and materials needed to house the homeless, are actually transferred each Extension Act is a very fitting tribute to Sonny. tribute to Representative THOMAS J. MANTON But while I am happy to have honored week from church to church. These churches for fourteen years of service to the citizens of Sonny in such a manner, I am not happy agree to open their facilities and their hearts to the United States and New York City. Con- about the gamesmanship that accompanied its the homeless for a period of one week. gressman MANTON departs Congress with the passage. The Republican leadershipÐat the respect and admiration of his colleagues for Throughout the years, MCREST has been a haven for the less fortunate members of soci- behest of certain large restaurants who object his accomplishments and dedication to our na- to paying royalties to musical creators whose tion. ety in Macomb County. While their goal is to no longer be needed because every person music is performed in their establishmentsÐ Congressman MANTON's life truly is a shin- kidnapped term extension and used it as a ing example of the American Dream. He was has a home, experience has taught them that the homeless will be with us for a long time to hostage. To liberate the hostage, we were born in 1932 to Irish immigrant parents and forced to pay a high ransom by attaching a grew up in New York City. He graduated from come. During 47 weeks of the year, MCREST and its participating member churches provide second billÐmisnamed ``fairness in music li- St. John's University and St. John's Law censing''Ðthat deprives just compensation to School. After being admitted into the bar in up to 65 shelter beds per night. In cooperation with other agencies, guests are offered medi- songwriters and composers, particularly those 1963, Congressman MANTON served in the cal screening and counseling. This humani- who write as individuals and small businesses. United States Marine Corps as a flight navi- In my statement, I referred to the combined tarian effort could not be accomplished without gator and as an officer in the New York City bill as a ``compromise,'' so I want to clarify my the tremendous dedication of over 5,000 Police Department. Eventually however, he use of that term. I used the word compromise practiced law as a senior partner in a Queens church member volunteers. I commend the work of MCREST and all not to indicate that the substance of the music law firm. licensing provision was arrived at through a Recognizing the chance to continue serving member churches as they celebrate ten years of devotion to the homeless in Macomb Coun- fair negotiation between the restaurants and the public, Congressman MANTON successfully ty. Few people have the spirit and dedication musical creators. Rather, I used the term com- ran for the House of Representatives in 1984 promise in a procedural sense, to merely indi- and for seven consecutive terms has honor- to give to their community as they have given of themselves. I would like to congratulate cate that something had happened to allow S. ably served our nation. Since coming to this 505 to pass the Senate, to come to the House legislative body, he has served on the House MCREST and hope the goal of this organization can someday be realized. floor, and to be acceptable to a large number Committees on Banking, Merchant Marine and of legislators. I used the word ``compromise'' f Fisheries, House Administration and, for the as `à consequence of majority decision mak- past ten years, on the Commerce Committee. BRUSSELS, ILLINOIS: A NATIONAL ing'' to paraphrase a former House number, Needless to say, he has had many achieve- HISTORIC DISTRICT Abner Mikva. ments, including championing the passage of I did not mean to imply that the parties who the Clean Air Act of 1990, the Telecommuni- HON. JOHN SHIMKUS ultimately must pay the ransomÐthe hundreds cations Act of 1996 and Financial Services OF ILLINOIS of thousands of songwriters, composers, Reform. Also, as Co-Chairman of the Con- IN THE HOUSE OF REPRESENTATIVES music publishers and the performing rights or- gressional Ad-Hoc Committee on Irish Affairs, ganizations, BMI, ASCAP and SESAC, that so he has been a strong voice for bringing peace Thursday, November 12, 1998 ably represent their interestsÐwere willing sig- to Northern Ireland. Congressman MANTON Mr. SHIMKUS. Mr. Speaker, I rise today to natories to the compromise. To the contrary, was instrumental in the implementation of the commend the residents of the tiny town of they were the hostages. They will now pay the McBride Principles and the recent Good Fri- Brussels, Illinois for being named as a Na- price. They are the victims of the legislation day Irish Peace Accord. tional Historic District. On October 4th, citizens and it would be unfair to characterize them, as Mr. Speaker, since entering this body six of Brussels celebrated this honored event with we often do to victims of crime, as willing par- years ago, it has been an honor and privilege displays reflecting the town's history and a ticipants. serving with Congressman MANTON. His work festival where people dressed in period cus- If Sonny Bono had been here, he would for the 7th District of New York has been out- toms. have reminded us of these facts. His reminder CONGRESSIONAL RECORD — Extensions of Remarks E2309 would probably not have saved the hostages, Services' rule on the organ transplant network. members of the Black Sash, a woman's anti- but he would have instructed us, with wit and I urge my colleagues to do likewise. apartheid organization. However, because humor, about what is right and what is wrong. f popularity was not her goal, she has been He would have told us that we were wrong to able to achieve amazing things. For example, pass the fairness in music licensing legislation. HONORING LEE ROSENBERG at the age of fifteen, she joined in the organi- f zation's very first demonstration, which re- HON. BENJAMIN L. CARDIN sulted in the brutal beating of the protestors. CONFERENCE REPORT ON H.R. 4328, OF MARYLAND While Ms. FURSE may have been scared DEPARTMENT OF TRANSPOR- IN THE HOUSE OF REPRESENTATIVES often, more importantly she is inspired always. TATION AND RELATED AGEN- Even though the politics and culture of Thursday, November 12, 1998 CIES APPROPRIATIONS ACT, 1999 South Africa have changed over the years, the Mr. CARDIN. Mr. Speaker, I rise today to dedication and spirit of Congresswoman HON. LOUIS STOKES honor Lee Rosenberg, a retired home builder FURSE have not. At the age of 17, Represent- OF OHIO who for the last 14 years has dedicated him- ative FURSE left South Africa as a part of her IN THE HOUSE OF REPRESENTATIVES self to providing shelter and housing to home- own personal boycott, and now she has the Thursday, November 12, 1998 less veterans and low-income families opportunity to return to help this same nation Mr. STOKES. Mr. Speaker, I am pleased to throughout the Baltimore area. re-enter the global community. Furthermore, support the fiscal year 1999 budget agree- As the founder of Howard Homes, Mr. the gentlelady from Oregon spearheaded a ment. However, I am disturbed by a provision Rosenberg was a successful builder who re- push to name Cape Town as the site of the in the bill that calls for a studyÐand declares tired and turned his attention to helping nu- 2004 Summer Olympic Games, which would a one year moratoriumÐon the Department of merous non-profit and community organiza- have had innumerable benefits to South Afri- Health and Human Services (HHS) Sec- tions. He has earned the love and respect of ca's economy. This kind of vision is not sur- retary's regulations to reduce fundamental un- the countless organizations he has assisted. prising considering that in 1996, Ms. FURSE fairness in the nation's organ transplant net- They include The Enterprise Foundation, led a twenty-six member trade delegation to work. Maryland Homeless Veterans, Inc., Action for South Africa. The issues of organ procurement and allo- the Homeless, and Comprehensive Housing As she begins to bring her life's work full cir- cation are of particular importance to the Afri- Assistance, Inc., an agency of the Jewish cle back to South Africa with her bid to be- can-American community. Yet, the current Community Federation of Baltimore. come that country's new Ambassador of South organ transplant network is founded on a sys- Lee Rosenberg, a quiet, soft-spoken man, Africa, it is clear that she will be missed here tem that discriminates against patients on the has dedicated himself to helping those less inside the beltway as well as in her congres- basis of where they live. It is biased, inequi- fortunate find affordable, quality housing. His sional district. As Congresswoman FURSE's table and particularly unfair to minorities. In skill, knowledge and energy has helped pro- colleague and her friend, I would like to say fact, according to the Inspector General of the vide housing for thousands of Marylanders. He that it has been an honor and a privilege to Department of Health and Human Services, has done all this without a lot of attention or have served with her in this body. African-Americans wait twice as long as white fanfare. As the Executive Director of Com- f Americans for kidney transplants. In 1994, Af- prehensive Housing Assistance, Inc. once rican-American patients waited more than 3 said, ``Lee remains one of the best kept se- FAIR TREATMENT FOR years for a kidney transplant, while white pa- crets in Baltimore.'' ADMINISTRATIVE LAW JUDGES tients waited an average of 1 year and 8 His commitment to those who are less fortu- months. Some of the disparity is due to bio- nate has helped transform our community. HON. GEORGE W. GEKAS logical matching problems. But not all of it. Mi- From helping low-income families become OF PENNSYLVANIA norities are clustered in urban areas with long homeowners in the Sandtown-Winchester IN THE HOUSE OF REPRESENTATIVES neighborhood of West Baltimore to helping the organ transplant waiting lists. Thursday, November 12, 1998 This dire situation is magnified byÐwhat re- Jewish Historical Society become a viable nowned organ transplant surgeon and founder presence in East Baltimore, he has helped Mr. GEKAS. Mr. Speaker, my colleague of the national minority organ/tissue transplant transform distressed inner city neighborhoods Congressman BENJAMIN GILMAN and I intro- education program, Dr. Clive Callender com- into successful, stable communities with a fu- duced in the 105th Congress, H.R. 1240, a bill monly refers to as the ``green screen.'' This is ture. to provide pay parity for the 1400 Administra- a barrier that prevents patients who lack fiscal I invite my colleagues to join me in honoring tive Law Judges (ALJs) with other members of resources from being added to the transplant Lee Rosenberg for his dedication and commit- the federal executive branch workforce. The waiting list. Many of them die without having ment to helping those in need find affordable, bill was referred to the Civil Service Sub- been given the option of transplantation. quality housing. He knows that the true secret committee of the Government Reform and African-Americans and other minorities are of success is helping others. Oversight Committee, chaired by Congress- not the only Americans who suffer as the re- f man JOHN MICA. Chairman MICA supported the sult of an unequitable organ allocation system. bill by including it in the Subcommittee's draft Depending on where they live, some of our TRIBUTE TO CONGRESSWOMAN Civil Service Reform Bill, which did not pass citizens wait five times longer than others for ELIZABETH FURSE this Congress. liver transplants, even though their medical The provision to grant ALJs a cost of living conditions are similar. I believe that the cur- HON. ALBERT RUSSELL WYNN adjustment (COLA) when federal employees in rent system, which makes life and death deci- OF MARYLAND the General Schedule receive a COLA be- sions on the basis of geography, is unfair and IN THE HOUSE OF REPRESENTATIVES came necessary when ALJs as part of the Ex- ecutive Schedule were denied regular COLAs should be changed. I support the organ trans- Thursday, November 12, 1998 plant regulations issued by the Department on when Members of Congress restricted COLAs the April 2nd. They provide the best oppor- Mr. WYNN. Mr. Speaker, I rise today to pay for themselves. ALJs have had only two tunity to reduce geographic bias and put all tribute to retiring member, Representative COLAs in the last eight years, even though Americans in need of transplantation, regard- ELIZABETH FURSE. I have known Representa- they make salaries more like the general less of race or geographic status, on an equal tive FURSE since we both successfully cam- schedule employee, rather than the salaries of playing field. paigned to become members of the House of Cabinet Secretaries, Members of Congress or The HHS rule does not dictate medical pol- Representatives in 1992Ðamazingly only Federal District Court Judges. More impor- icy. Rather, it simply calls upon the community twenty years after she became a naturalized tantly, the only merit-selected administrative of transplant professionals to devise uniform, United States citizen. judiciary in the world are forever prejudiced by fairer policies for the organ transplant network. Born in Nairobi, Kenya, Congressman the lack of annual COLAs because their retire- It requires only that the medical criteria be FURSE has spent her entire life fighting the ment pay will be reduced as a result. used as the basis of any new policies for the tough fight. As a young white adolescent, she During this Congress, we learned a great organ transplant. Through this rule, HHS is spent her childhood on the outside of South deal about how unfair the treatment for ALJs taking a stand for fairness. African society. Living in a segregated nation, is because they are included in the agency Mr. Speaker, it is for these reasons that I ``fitting in'' was an unattainable goal due to the budget request for the COLA granted the ex- support the Department of Health and Human fact that her mother was one of the founding ecutive workforce. This is not an appropriation E2310 CONGRESSIONAL RECORD — Extensions of Remarks November 12, 1998 request but simply the authority to access the TRIBUTE TO PETE TIRRI 1997 and 1998 at the Vietnam War Memorial funds already granted to the agency. There and Arlington National Cemetery. was bipartisan and widespread support for HON. BILL PASCRELL, JR. Mr. Speaker, I would like to extend my ut- H.R. 1240 to be included in the FY'99 Treas- OF NEW JERSEY most appreciation to General Vang Pao, Colo- ury, Postal Service, and General Government nel Wangyee Vang, Cherzong Vang, Ching IN THE HOUSE OF REPRESENTATIVES Appropriations bill at the urging of the Amer- Bee Vang, Ying Vang, Song Ge Kue, Philip ican Bar Association, Federal Bar Association, Thursday, November 12, 1998 Smith, Grant McClure and Dr. Jane Hamilton- Association of Administrative Law Judges and Mr. PASCRELL. Mr. Speaker, I would like to Merritt of the Lao Veterans of America and the the Federal Association of Administrative Law call to your attention Pete Tirri, President of Lao Family Community organization for help- Judges. The House Judiciary Committee in- the Paterson Education Association (PEA). ing to organize these historic ceremonies cluded H.R. 1240 as an amendment to H.R. Pete is being recognized this evening for his which received national media attention. I 1252, the Judicial Reform Bill of 1998. Despite 25 years of service to the PEA. would also like to include in the RECORD the all of this support, ALJs will be the only federal Pete was born and raised in Paterson, New following important article from the Washing- employees in their hearing offices to not re- Jersey. He attended the local public school ton Times about these events, as well as the ceive a 3.6 percent COLA, as hearing office system, graduating from School #12 in 1960 ongoing patriotic efforts of elderly Hmong clerks, secretaries and staff attorneys all bene- and from Central High School in 1964. combat veterans to become American citizens. fit from the annual COLA and increase in their Upon graduating from Central, Pete at- [From the Washington Times, May 15, 1998] retirement as well. tended Paterson State College, now known as HMONG ARMY VETERANS ASK FOR U.S. CITI- This disparity between ALJs and other fed- William Paterson University, and graduated in ZENSHIP—WANT TO TAKE EXAM WITH INTER- eral employees has not gone unnoticed by the 1968 with a degree in Social Studies. In 1974, PRETERS’ HELP Administration and the Office of Personnel he graduated from William Paterson College (By Ben Barber) Management (OPM). OPM commented on with a Master's degree in Teaching and 1980, Thousands of Hmong veterans of the CIA’s H.R. 1240, when it was included in the Civil he received a Master's degree in Education Service Subcommittee draft, stating that OPM secret army in Laos from 1960 to 1975 assem- with certification in Administration and Super- bled in camouflage uniforms at the Vietnam supports a COLA for ALJs but at the discre- vision. Veterans Memorial yesterday to mark their tion of the President, who would determine the Pete's service to the Paterson Education flight from communism and to ask for U.S. amount, giving ALJs equal treatment with fed- Association began in October 1973, as a citizenship. eral employees in the Senior Executive Serv- member of the negotiating team. He has also ‘‘We fought in Laos so that young Amer- ice (SES). I support this result in the assur- been involved in the New Jersey Education ican soldiers would not have to fight in the ance that ALJs receive their well-deserved Association (NJEA), having served on the Del- mountains,’’ said Gen. Vang Pao, leader of COLAs. Unlike ALJs, the SES this year will egate Assembly (DA) or an alternate DA the one-time secret Hmong army. most likely receive a COLA at the President's member throughout his career and as Chair of ‘‘Members of Congress: These former soldiers who escaped death at the hands of the discretion. Unfortunately, OPM's proposed the Urban education Committee. statutory change for ALJ fair treatment was Lao communists and stand here in from of us Pete served also as the NJEA legislative today appeal for your assistance’’ in becom- not received until the eve of the FY'99 Treas- contact for the late State Senator, and Mayor ing U.S. citizens. ury, Postal Service & General Government of Paterson, Frank X. Graves. Currently he is Thousands of aging soldiers dressed in Appropriations markup. chairing the Working Conditions of the NJEA camouflage and hundreds of Hmong women Mr. Speaker, I am including for the RECORD and is a member of the Executive Board of wearing traditional colored dresses, jewelry the proposed text of OPM's draft legislation to the Passaic County Education Association and headcoverings, spread out in a neat for- ensure fair treatment for ALJs. My colleague (PCEA). mation on the grass of the Mall. on the bill, Mr. GILMAN, and I pledge to work From 1980 to 1986, Pete served on the ‘‘America has been good to us—four of my children have good jobs, another is in col- with the Administration and OPM to enact this Pequannock Board of Education and is cur- lege, and one is in high school,’’ said former suggested change for ALJs in the 106th Con- rently serving on the New Jersey State Board Capt. Lapien Sphabmixay, 64, from Char- gress. We regret that it was unable to be re- of Examiners, a position to which he has been lotte, N.C. solved this year but the attached proposal is reappointed to several times. Philip Smith, executive director of the Lao a good start to correcting this inequity. Text of Mr. Speaker, I ask that you join me, our col- Veterans of America, said 4,000 Hmong- OPM proposal follows: leagues, Pete's family and friends, and the Americans arrived in Washington yesterday State of new Jersey in paying tribute to Pete for the second annual celebration of the PAY FOR ADMINISTRATIVE LAW JUDGES Tirri's 25 years of outstanding and invaluable start of the Hmong exodus across the Sec. . Section 5372(b) of title 5, United service to the Paterson Education Association. Mekong River into Thailand. States Code, is amended— From 1975 until about 1988, some 300,000 f Hmong fled Laos after its takeover by Lao- (1) in paragraph (1) by striking the second tian communists, with the help of then- sentence and inserting the following: RECOGNITION AND CITIZENSHIP North Vietnamese troops. FOR HMONG-AMERICAN VETERANS ‘‘Within level AL–3, there shall be 6 rates About 25,000 of the refugees came to the of basic pay, designated as AL–3, rates A United States and largely collected in Fres- through F, respectively. The rate of basic no, Calif., and St. Paul, Minn. pay for AL–3, rate A, may not be less than 65 HON. DANA ROHRABACHER Last year was the first time since the war percent of the rate of basic pay for level IV OF CALIFORNIA that the Hmong veterans had assembled. of the Executive Schedule, and the rate of IN THE HOUSE OF REPRESENTATIVES Then, as yesterday, members of Congress and basic pay for AL–1 may not exceed the rate former CIA officers honored the sacrifices of basic pay for level IV of the Executive Thursday, November 12, 1998 the Laotian hill tribe made during the war. Schedule.’’. Mr. ROHRABACHER. Mr. Speaker, it is im- The Hmong continued yesterday to call for (2) in paragraph (3)(A) by striking ‘‘upon’’ portant to note that the years of the 105th passage of a bill to allow the refugees to take each place it appears and inserting in each Congress have been historic for the Hmong U.S. citizenship exams with the help of inter- such place ‘‘at the beginning of the next pay and Lao people. For the first time in their long preters, since many of the aging fighters and period following’’; and history, the Hmong and Lao people have re- their spouses still have not mastered (3) by adding at the end the following new ceived long overdue national recognition from English. paragraph: the United States Congress and American offi- In Laos, most Hmong did not attend school ‘‘Subject to paragraph (1), effective at the cials for their pivotal efforts in fighting for free- and could not read Hmong or Lao. Fifty- beginning of the first applicable pay period dom and helping to defend U.S. national secu- seven members of Congress have co-sponsored a bill to grant the Hmong exemptions commencing on or after the first day of the rity interests during the Southeast Asian con- month in which an adjustment takes effect from the English language exam. under section 5303 in the rates of basic pay flict. I was honored to play a role, along with The Hmong also observed a memorial to under the General Schedule, each rate of many bipartisan Congressional colleagues, to victims of a Laotian offensive against basic pay for administrative law judges shall honor these courageous veterans and speak Hmong fighters and villages around Phu Bia be adjusted by an amount determined by the at both of the two Lao Veterans of American mountain, where many had retreated after President to be appropriate.’’. National Recognition Day ceremonies held in the 1975 communist takeover of the country. CONGRESSIONAL RECORD — Extensions of Remarks E2311 PERSONAL EXPLANATION VAIL, CO, ARSON Addressing the nation’s skiers, the communique warned: ‘‘For your safety and conven- ience, we strongly advise skiers to choose HON. RON PACKARD HON. DON YOUNG other destinations until Vail cancels its in- OF ALASKA OF CALIFORNIA excusable plans for expansion.’’ IN THE HOUSE OF REPRESENTATIVES Wednesday evening in Vail, the Eagle IN THE HOUSE OF REPRESENTATIVES Thursday, November 12, 1998 County sheriff’s office said after receiving Thursday, November 12, 1998 the two-paragraph statement by fax: ‘‘Cur- Mr. YOUNG of Alaska. Mr. Speaker, I sub- rently investigators are reviewing the origin Mr. PACKARD. Mr. Speaker, on August 6, mit three recent newspaper articles concerning and the content for credibility and will con- 1998, I was incorrectly recorded as voting issues surrounding the mysterious fires in Vail, tinue its investigation using this communique as a source for information.’’ `àye'' on rollcall vote 405, which was final CO, to be included in the CONGRESSIONAL A Vail Resorts spokesman did not return passage of H.R. 2183. I oppose H.R. 2183 RECORD and recommend that my colleagues and intended to vote ``no'' on rollcall vote 405. telephone calls for comment. Although the read them. fires here appear to be in response to a local [From the Salt Lake Tribune, Oct. 21, 1998] dispute, security was tightened this week at f other ski areas around Colorado, the nation’s ROMER TABS RESORT FIRES AS TERRORISM most popular skiing state. REGARDING STEEL IMPORTS VAIL, COLO.—Seven separate fires that de- Barry Clausen, a Northern California re- stroyed a ski lodge and other buildings at searcher who studies terrorist acts claimed 11,000 feet were an ‘‘act of terrorism,’’ Gov. by environmental extremists, said Wednes- HON. LOUIS STOKES Roy Romer said Tuesday as workers resumed day that the Earth Liberation Front has OF OHIO an expansion project at the Vail Mountain taken credit for most of the arson fires IN THE HOUSE OF REPRESENTATIVES resort. linked to environmental protests. ‘‘I know that mountain quite well, and it’s He said the language in Wednesday’s com- Thursday, October 15, 1998 inconceivable some natural occurrence munique ‘‘is almost identical to other letters Mr. STOKES. Mr. Speaker, I rise in support would cause simultaneous fires on that the ELF has sent to other victims of arson of H. Res. 598, the resolution calling on the ridge,’’ Romer said at a news conference in fires.’’ Denver, 100 miles to the east of Vail. Over the last two years, Clausen said, the President to take all necessary steps to re- The fires broke out early Monday and Earth Liberation Front has taken credit for spond to the surge of steel imports resulting caused an estimated $12 million in damage, five arsons against federal government build- from the financial crises in Asia, Russia, and destroying the luxurious Two Elk res- ings in Oregon and Washington state. other regions for other purposes. I commend taurant, the Ski Patrol headquarters, a pic- ‘‘We are seeing a decline in small acts of my Ohio colleague, Representative JAMES nic spot and four chairlifts. sabotage, against timber and mining, and an The fires came after the Rocky Mountain escalation of large acts of terrorism,’’ Clau- TRAFICANT, Jr., for introducing this resolution resort on Friday began an 885-acre expansion sen said from his office in Eureka. that calls for the President of the United project that wildlife groups say will make Noting that an article criticizing Vail’s ex- States to impose a one year ban on steel im- the area uninhabitable for endangered lynx. pansion plans appeared in the May-June ports from Japan, Russia, and Brazil. Cross-country skiers say the project will issue of Earth First Journal, Clausen said: During the 1980's, there were massive lay- limit access. The groups have denied any in- ‘‘It’s a real pattern. Many times articles offs in Ohio that I will never forget. There were volvement. come out in the Journal. Then, there is sabo- State and federal agents were investigat- tage.’’ two steel mills that had gone bankrupt in War- The article, headlined ‘‘Super Vail . . . ren County, Ohio. Companies that depended ing the fires, which burned independent of each other. Two of the buildings destroyed Super Ugly!’’ charged that Vail wanted to on steel dollars filed for bankruptcy. Our tax were more than a mile apart. ‘‘bring the resort lifestyle into some of the base was eroded. Ohio had to cut back on Vail officials said the nation’s busiest ski last, best old-growth habitat for lynx in the vital city and council services. area would open as planned on Nov. 6. southern Rockies.’’ But the author, Ben My State, Ohio and the United States as a If the fires are linked to Vail’s expansion, Doon, did not advocate violence. Citing legal whole suffered dramatically from 1980 to they would rank among the worst acts of efforts to stop the expansion, Doon urged eco-terrorism in the past decade, said Ron readers to contact Ancient Forest Rescue, an 1992. The U.S. steel industry's workforce was environmental group. cut by 57 percent, eliminating hundreds of Arnold, executive vice president of the Cen- ter for the Defense of Free Enterprise, a In interview in Vail on Tuesday, Jeff Ber- thousands of jobs as 450 facilities were Bellevue, Wash., group that tracks ecologi- man, the local representative of Ancient closed. Ohio's residents have made extraor- cal crimes. Forest Rescue, appeared depressed by the dinary and painful sacrifices, losing hundreds fires, deserving them as a setback in his battle for public opinion. He asked: ‘‘Does this of thousands of jobs. But out of this, the [From the New York Times, Oct. 22, 1998] American steel industry was rebuilt into the help us? Of course not.’’ GROUP SAYS VAIL FIRES WERE IN BEHALF OF Wednesday, Theresa Kintz, editor of the most efficient and productive, and the most LYNX Earth First Journal, said after reading the competitive in the world. (By James Brooke) communique: ‘‘It is entirely possible that it Unfortunately, the dire situation of well over was an ELF action.’’ DENVER.—The Earth Liberation Front, a ‘‘Personally, I don’t have a problem with a decade ago is happening again. News- shadowy group that has taken responsibility papers across Ohio carry articles about layoffs hitting people like Vail Inc. in their pock- for a series of arson fires in the Northwest, ets,’’ said Ms. Kintz, who dedicates a page of at various steel plants. As a nation, we cannot declared in an e-mail communique Wednes- news, headlined ‘‘Earth Night,’’ to sabotage afford to remain silent. day that the fires atop Vail mountain on actions claimed by the Earth Liberation In Cleveland, coils of imported steel are Monday were carried out ‘‘on behalf of the Front. ‘‘I don’t have a problem with seeing stacked high in every direction. These thou- lynx.’’ their facilities burn down. It’s a war.’’ ‘‘Putting profits ahead of Colorado’s wild- ‘‘Monkey wrenching and eco-sabotage are sands of coils, as well as the warehouses that life will not be tolerated,’’ read the brief are full of imported steel throughout Ohio are strategies that some people feel are justified statement, which was sent electronically to in some circumstances,’’ she continued, just one indication of the surge of imports hit- several Colorado news organizations. ‘‘We using Earth First! jargon for sabotaging ma- ting our shores in recent months. This caused will be back if this greedy corporation con- chinery. Noting that arson was a new step, spot prices to fall to levels that we have not tinues to trespass into wild and unroaded she added: ‘‘Classic eco-sabotage would be seen since the mid 1980's. areas.’’ monkey wrenching bulldozers.’’ Mr. Speaker, the Congress must call on the The seven fires caused about $12 million In its November 1990 edition, the Earth worth of damage to buildings and chair lifts First Journal published a photograph of a President to pursue vigorous enforcement of along a 11,200-foot-high ridge that overlooks United States trade laws relating to unfair bulldozer apparently sabotaged by militants a National Forest area where the Vail ski opposed to a ski area expansion near Pagosa trade practices especially with respect to the area started clearing trees on Friday as part Springs, Colo., the only other recent case of significant increase of steel imports into the of a controversial expansion. Earlier this environmental terrorism against a Colorado United States. There is a great need for the year, environmentalists, back country skiers ski area. President to pursue consultations with officials and many residents of Eagle County had spoken out at public meetings to block Vail’s of Japan, Korea, the European Union, and [From the Washington Times, Oct. 27, 1998] other nations that may play an important part plan to expand into an area seen as potential habitat for the reintroduction of the lynx in RADICAL ENVIRONMENTALISTS TAKE NEW in eliminating import barriers that affect steel the Colorado Rockies. APPROACH mill products. It is very clear that we must take Vail, which plans to open for skiing on (By Robert Weller) action to preserve U.S. jobs in the vital sector. Nov. 6, is the nation’s busiest ski area, sell- VAIL, COLO.—Mining and logging, the in- Mr. Speaker, vote ``yes'' on H. Res. 598. ing 1.6 million lift tickets last winter. dustries that helped build the West, used to E2312 CONGRESSIONAL RECORD — Extensions of Remarks November 12, 1998 be favorite targets of environmental extrem- WHERE THE JOBS ARE—Continued provides for a waiting period before a pro- ists. Now they are taking aim at something [Many jobs in Colorado countries with ski resorts are tourism-related.] posed alliance can take effect. During that else—tourism. period, DOT can take action it deems nec- Targeting so-called ‘‘industrial tourism,’’ essary under its existing statutory author- Major ski Tourism Percent Income Income the Earth Liberation Front admitted setting County resort jobs of total ($1,000) (% of ity. No additional substantive authority is fires last week that caused more than $12 total) provided by the reported bill. million in damage at Vail, the nation’s busi- Pitkin .... Aspen ...... 11,854 53 232,459 38 COMPETITION GUIDELINES est ski resort. The goal was to halt another Summit Breckenridge 11,327 53 182,145 36 expansion because of fears it could harm a On April 10, 1998, DOT issued a request for potential habitat for the lynx, a threatened Source: 1995 White River National Forest Interdisciplinary Team. comments on an ‘‘Enforcement Policy Re- species of mountain cat. The saying goes that the most common garding Unfair Exclusionary Conduct in the 3 The mainstream environmental movement greeting in western Colorado is: ‘‘Can I take Air Transportation Industry.’’ It took this denounced the arson, but some are surprised your order?’’ action in response to complaints from new such an attack didn’t happen sooner. entrant airlines that the larger more estab- ‘‘I know in my heart there has been an en- f lished airlines were using unfair methods to vironmental time bomb waiting to go off in compete against them. Vail and other ski areas for a long time,’’ CONFERENCE REPORT ON H.R. 4328, Under this proposed policy, DOT stated said environmental writer J.D. Braselton. DEPARTMENT OF TRANSPOR- that it would trigger a review, including pos- The ski areas have also come under attack TATION AND RELATED AGEN- sible enforcement action, in the following for creating a widening economic gap be- CIES APPROPRIATIONS ACT, 1999 circumstances: tween the haves and have-nots near resort 1. When the major airline both adds flights towns. and sells such a large number of seats at ‘‘A classic story in Telluride is of two peo- HON. BUD SHUSTER very low fares that it ends up losing more ple who came here to build trophy homes. OF PENNSYLVANIA money than it would have if it had adopted And they built them on mesas facing each IN THE HOUSE OF REPRESENTATIVES a more reasonable competitive response; other. Each then filed suit against the other 2. When the major airline carries more pas- because they didn’t want to see another Thursday, November 12, 1998 sengers at the new airline’s low fares than home,’’ said Peter Spencer, a former mayor Mr. SHUSTER. Mr. Speaker, earlier this the new airline has in available seats and as in Telluride, in southwest Colorado. year, the Airline Service Improvement Act, a result ends up losing more money than it Such trophy homes ultimately lead to sky- H.R. 2748, was approved by the Transpor- would have if it had adopted a more reason- rocketing property values, which force the able competitive response; or working population to move to less desirable tation and Infrastructure Committee. This bill 3. When the major airline carries more pas- areas and commute many miles over snow- contained two sections (sections 401 and 402) sengers at the new airline’s low fares than covered mountain passes. on airline alliances and Department of Trans- the new airline carries and as a result ends ‘‘We lose employees on a regular basis to portation competition guidelines. H.R. 2748 up losing more money than it would have if jobs down valley, where they live,’’ said Bob never passed the House. However, sections it had adopted a more reasonable competi- McLaurin, Vail town manager. tive response. He worries that someday there won’t be 401 and 402 were included, without change, in The Committee certainly supports fair anybody available to answer police or fire subsections (f) and (g) of section 110 of divi- competition and believes that new entrants calls, or serve tourists in restaurants. sion C of the Omnibus Consolidated and Friends say Edward Abbey, author of the should have a reasonable chance to survive Emergency Supplemental Appropriations Act, since they often are the catalyst for low book ‘‘The Monkey Wrench Gang,’’ a fic- 1999.1 The rationale and purpose of these two tionalized account of his guerrilla-style at- fares and improved air service to many com- tacks on mining and dam-building, would provisions are more fully explained in the munities including the sort of communities turn over in his grave if he could see the ef- Committee's report on H.R. 2748. The number that are the focus of this bill. fects of the tourism that replaced them. of that report is H. Rept. 105±822. The rel- Many have expressed support for the De- ‘‘There will be more [negative] impact evant portions of that report are set forth partment’s guidelines. The Attorney General through tourism than all the mining, logging below. of Iowa, the co-chair of a working group of and ranching combined,’’ said Ken Sleight, a over 20 states which are reviewing airline Moab, Utah, outfitter who served as the MAJOR AIRLINE ALLIANCES competition, stated the proposed guidelines model for the outfitter ‘‘Seldom Seen Alliances between major airlines and re- are ‘‘a sound common-sense, and much-need- Smith’’ in Mr. Abbey’s book, which is consid- gional airlines are quite common. These usu- ed tool’’ with regard to airline competition. ered a major force in launching the environ- ally involve code-sharing and other market- In testimony before Congress, Spirit Airlines mental movement in the Southwest. ing arrangements. However, such alliances stated that it was forced out of markets be- Dan Kitchen, an Aspen environmentalist between two major airlines are more un- cause a major airline, in protecting a monop- once convicted of cutting down a fence a usual. oly route, was engaging in exactly the type homeowner had built to keep out wildlife, Earlier this year, Northwest and Continen- of behavior the Department is proposing to calls ski areas ‘‘developmental terrorists’’ tal, United and Delta, and American and US find unlawful. And Alfred Kahn, the father of because they finance much of their oper- Airways announced plans to form 3 separate deregulation, has praised the Department’s ations through the sale of million-dollar alliances. These 6 airlines carry about 70% of initiative for promoting competition by pro- monster homes. passengers within the U.S.2 These airlines viding air carriers clear guidance in distin- Colorado traditionalist have another gripe. contend that their alliances will benefit pas- guishing legitimate competition from what Tourism and other service jobs pay an aver- sengers by increasing the number of destina- is intended to drive competitors out and ex- age of $13,000 annually, compared with the tions and flights they can offer economi- ploit consumers. $40,000 that miners or loggers might earn, cally. Critics, however, argue that this con- However, others have expressed concern says Greg Walcher, president of Club 20, a solidation will undermine the benefits of de- that the proposed guidelines will not in- western Colorado trade promotion group. regulation by decreasing competition, which crease competition but may hurt the very They blame past efforts by environmental- will ultimately reduce passengers’ choices communities that they are designed to help ists for helping drive away the higher paying and increase fares. by raising air fares and reducing air service, jobs, and now see the same pattern surfacing Committee members have differing views the exact opposite of the goals of the re- again. on the merits of these alliances. However, ported bill. Not only the major airlines, but ‘‘The environmental movement is at least the Committee does believe that they raise also small and medium-sized airports, airline partly responsible for a massive shift away important issues that should be considered employees, both liberal and conservative from our traditional industries. Tourism is by the DOT. Accordingly, the reported bill think tanks, and at least one consumer all some of these towns have left. An attack establishes a procedure under which DOT is group have indicated their opposition to the on the ski industry is an attack on the econ- given a specified period of time to review the guidelines. For example, the Aviation Con- omy of western Colorado,’’ Mr. Walcher said. sumer Action Project stated that the ‘‘DOT A recent economic study done for the U.S. alliances before implementation. It is important to note that the reported initiative in the area of airline competition Forest Service found that from 65 percent to is likely to effectively prohibit airfare price 75 percent of the jobs in the White River Na- bill does not expand or diminish DOT’s au- wars and increase airfares higher than they tional Forest, site of more ski areas than thority to review airline alliances. It simply would otherwise be’’ 4 and a small airport any other national forest, are in tourism. 1 See page H11203 of the Congressional Record of WHERE THE JOBS ARE October 19, 1998. 3 63 Fed. Reg. 17919. April 10, 1998. 2 Hearings Before the Subcommittee on Aviation 4 ‘‘Impact of Recent Alliances, International [Many jobs in Colorado countries with ski resorts are tourism-related.] of the Senate Committee on Commerce, Science, Agreements, DOT Actions and Pending Legislation and Transportation, 105th Congress, 2d Session on Air Fares, Air Service, and Competition in the Income County Major ski Tourism Percent Income (% of (June 4, 1998) (Statement of John H. Anderson, Jr., Airline Industry’’ Hearings before the Subcommit- resort jobs of total ($1,000) total) Director, Transportation Issues; Resources, Commu- tee on Aviation of the House Committee on Trans- nity, and Economic Development Division, U.S. portation and Infrastructure, 105–64, 105th Congress, Eagle ..... Vall ...... 12,530 45 236,836 28 General Accounting Office). 2nd Session, (April 30, 1998) 473. CONGRESSIONAL RECORD — Extensions of Remarks E2313 wrote to DOT on May 25, 1998 complaining course but would have to publish in the Fed- Subsection (d) requires DOT, in conducting that under its guidelines, ‘‘the loser is the eral Register the reasons that the extension the study, to consult with the Justice De- consumers in small markets who are looking is needed. partment, airlines, airports, academic and for increased service and capacity.’’ Subsection (d) permits DOT to shorten the economic experts, airline employees, and In light of these arguments, it is important waiting periods at any time. passengers. that a closer look be taken at the issue. Ac- Subsection (e) makes clear that the wait- Subsection (e) states that, if DOT issues cordingly, the reported bill mandates two ing periods could not be delayed while DOT final competition guidelines, those guide- studies. is developing regulations to implement this lines shall not become effective until 12 The first, by the Transportation Research section. weeks after they were transmitted to Con- Board (TRB), would update their highly-re- Subsection (f) directs DOT and the Justice gress. A week shall only be counted toward garded work on airline deregulation pub- Department to develop a memorandum of the 12 if the House was in session for legisla- lished 7 years ago.5 This is designed to take understanding on pre-clearance procedures tive business (with votes as opposed to a pro a broad look at the issue of airline competi- to prevent unnecessary duplication of effort. forma session) during at least one day of tion today and provide guidance to Congress Subsection (g) states that the waiting pe- that week. and DOT for future policy decisions. While it riod for alliances entered into before the is hoped that TRB can complete its work date of enactment begins on the date, as de- f soon enough so that DOT can take advantage termined by the Secretary, on which all of of it in its reconsideration of its guidelines, the required information was submitted and TRIBUTE TO BISHOP WILLIAM the issuance of the guidelines is not tied to ends on the last day under which the waiting HENDERSON completion of TRB’s work. period could have been extended under sub- The second study would be conducted by section (c) above. DOT and would be focused more specifically Subsection (h) makes clear that the proce- HON. BILL PASCRELL, JR. on the proposed guidelines and any alter- dural authority granted to DOT under this OF NEW JERSEY natives to it. DOT would be expected to ad- section does not limit the authority of the dress many of the concerns raised by the op- Justice Department to enforce the antitrust IN THE HOUSE OF REPRESENTATIVES ponents of the proposed guidelines in this laws. Thursday, November 12, 1998 study. Section 402. Competitive practices in the airline Mr. PASCRELL. Mr. Speaker, I would like to No deadline is imposed on DOT for the industry completion of its study. However, it could call to your attention Bishop William Hender- not issue final guidelines until the com- Subsection (a) requires certain studies. son who will be honored for his efforts in help- Paragraph (1) requires the Transportation pleted study was transmitted to Congress. If Research Board to update the portions of its ing the sick and spiritually deprived. as a result of the study, DOT still believes 1991 study of airline deregulation that deal Bishop Henderson has preached God's the guidelines are justified, those guidelines with competition issues in the airline indus- uncompromised word for more than 40 years. would have to be transmitted to Congress as try and include any recommendations for During his stewardship, Bishop Henderson well and there would be a period for Congres- changes in the statutory framework under sional review before those guidelines could has ministered to hurt people in the tri-state which the airline industry operates. become effective. area of New Jersey and in the New York City As with the alliances, it is important to Paragraph (2) requires this study to be area as well. He is responsible for ordaining note here as well that the reported bill does transmitted to Congress and DOT within 6 countless people and was the catalyst by not take any position on DOT’s authority to months of the date of enactment. Paragraph (3) requires DOT to respond to which Reverend Theresa Nance was or- adopt competition guidelines. The reported dained. He has an exemplary record in reach- bill merely calls for studies on the factors this study within 2 months. Subsection (b) directs DOT to conduct a ing out to the indigent and the sick. which may impact competition in the airline study and transmit to Congress a report that industry. These studies are designed to pro- For more than 20 years Bishop Henderson includes the following: vide guidance to Congress and DOT in decid- was employed as a nurse in area hospitals of (1) A description of complaints DOT has re- ing what if any action should be taken to en- Buffalo, New York. His healing hand aided the ceived alleging predatory pricing or unfair hance or modify the level of competition in sick and suffering to regain their health competition, the number of such complaints, the airline industry. and specific examples of unfair competition through the healing Word of God and his im- If, upon completion of these studies, DOT peccable nursing skills. He retired several decides to issue competition guidelines, of predatory pricing; (2) A description of the options DOT has years ago. those guidelines must be within the agency’s Bishop Henderson is married and is the fa- existing statutory authority. Nothing in the for addressing these problems; (3) An analysis of its proposed competition reported bill expands or diminishes DOT’s ther of three children and has unique ministry. guidelines including the analysis required by authority in this regard or expresses a posi- Though he preaches throughout the land to subsection (c) below; and tion on DOT’s existing authority. large congregations, he has never shied away (4) A description of how DOT will coordi- from preaching at storefront churches or other SECTION-BY-SECTION SUMMARY nate the handling of predatory pricing and Section 401. Joint venture agreements unfair competition complaints with the Jus- churches which have not yet found a location. Establishes a procedure for DOT review of tice Department. He can be found constantly reading the Bible major airline alliances. Subsection (c) prohibits DOT from issuing and teaching. The El-Bethel congregation wor- Subsection (a) defines terms. final competition guidelines until it trans- ships virtually seven days a week, and Satur- Paragraph (1) defines the sort of alliances mits the report described above to Congress. days being no exception. Bishop Henderson between major airlines that are covered by If DOT decides to issue such guidelines, it has often said he leave the church doors open this section. They are— must transmit them to Congress. If the on Saturdays for area residents who may not (A) Code-sharing, blocked space, long-term guidelines transmitted are different from the have a church home, but would like to worship wet leases, and frequent flyer programs; and ones it originally proposed, DOT must in- (B) Other cooperative working arrange- clude, as part of its transmittal to Congress, God at a local church. ments that affect more than 15% of the information documenting and quantifying In spite of the years he has battled illness, major airlines’ available seat miles. the impact of these final guidelines on the Bishop Henderson never allowed his ill state Paragraph (2) cross-references Part 241 of following: to keep him from preaching God's Word. `Ìn DOT rules to define which airlines are cov- (A) Scheduled service to small and me- sickness and in health'' has been his credo re- ered by this section. dium-sized communities; garding his commitment to the work of the Subsection (b) requires major airlines cov- (B) Air fares including the availability of Lord. Children and adolescents flock to his ered by this section to file with DOT a copy senior citizen, Internet, and standby dis- church because he exudes great love for them of their alliance agreement and other infor- counts; mation that DOT, by regulation, requires at (C) The incentive and ability of major air- through a firm hand. Like the Apostle Paul, least 30 days before an alliance covered by lines to offer low air fares; Bishop Henderson has planted churches this section takes effect. (D) The incentive of new airlines to offer around the world, including the continent of Af- Subsection (c) permits DOT to extend the low air fares; rica. The body of Christ is blessed to have 30-day period for 150 days in the case of an (E) The ability of airlines to offer inclusive such a devoted servant in its midst and it's alliance involving code-sharing and for 60 leisure travel for which air fares are not sep- proud to recognize his life-long efforts. days in the case of any other alliance cov- arately advertised; Mr. Speaker, I ask that you join me, our col- ered by this section. However, DOT could not (F) Members of frequent flyer programs; automatically extend the time as a matter of (G) The ability of airlines to carry con- leagues, Bishop Henderson's family and necting passengers on the portion of the friends, and the State of New Jersey in recognizing Bishop William Henderson's many 5 Transportation Research Board, National Re- routes served by new airlines covered by the search Council, ‘‘Winds of Change: Domestic Air guidelines; and years of outstanding and invaluable service to Transport Since Deregulation,’’ (1991). (H) Airline employees. the community. E2314 CONGRESSIONAL RECORD — Extensions of Remarks November 12, 1998 CONFERENCE REPORT ON H.R. 4328, in Federal Court to block terrorism victims in attaching and executing all property of ter- DEPARTMENT OF TRANSPOR- from attaching assets of terrorist states to help rorist nations they are able to locate. TATION AND RELATED AGEN- satisfy judgments they had received by such f CIES APPROPRIATIONS ACT, 1999 courts. This misguided policy has sent exactly the wrong message to terrorist states by tell- CORRECTION OFFICERS HEALTH HON. CARRIE P. MEEK ing them that, in the event they are found lia- AND SAFETY ACT OF 1998 OF FLORIDA ble for killing Americans, the U.S. government will spare no effort to prevent the seizure of IN THE HOUSE OF REPRESENTATIVES HON. GERALD B.H. SOLOMON their assets. OF NEW YORK Thursday, November 12, 1998 In 1996 Congress passed and the President IN THE HOUSE OF REPRESENTATIVES signed the `Ànti-Terrorism and Effective Death Mrs. MEEK of Florida. Mr. Speaker, as a Thursday, November 12, 1998 Conferee on the Treasury-Postal Appropria- Penalty'' Act (P.L. No: 104±132). This Act al- tions Bill for Fiscal Year 1999, I note that the lowed victims of state-sponsored terrorism to Mr. SOLOMON. Mr. Speaker, it is only fit- legislative debates in Congress include incon- sue foreign governments in Federal Court for ting that on the final day of the 105th Con- sistent statements regarding the proper inter- damages arising from acts of terrorism. In gress, the final bill to be considered is Solo- pretation and application of that section, and 1997, an amendment to the Committee Report mon-authored legislation. H.R. 2070, the Cor- in particular in connection with subsection (d) for the Omnibus Consolidated Appropriations rection Officers Health and Safety Act of 1998, which allows the President to waive the ``re- Bill for Fiscal Year 1997 (Comm. Rept. 104± as amended, passed the House of Represent- quirements of the section'' in the interests of 863) allowed victims of state-sponsored terror- atives on October 21. This legislation is abso- national security. ism to recover punitive damages from states lutely vital to protect our nation's correction of- In their joint statement, Senators MACK, that sponsor terrorism. In enacting these two ficers from vicious attacks by prison inmates. GRAHAM, LAUTENBERG, and FAIRCLOTH have laws, Congress surely foresaw that victims Mr. Speaker, H.R. 2070 grants the Attorney accurately stated my understanding of the pro- would prevail in Court, and would thereafter General authority to test high-risk, incoming vision and my understanding of the intent of seek to attach and execute terrorist-state as- federal inmates for the presence of the human the conferees. Any other interpretation would sets. However, what was not foreseen was immunodeficiency virus. It also allows the test- allow the President to, in effect, nullify this that the Administration would seek to block ing of prisoners who may have intentionally or provision as if vetoing it, and thereby eliminate such attachments by arguing that such attach- unintentionally transmitted the virus to any offi- the important antiterrorism statement which ments violated international agreements. As a cer or employee of the United States, or to Congress made by enacting the provision. For result, it was necessary to once again revisit any person lawfully present in a correctional these reasons, I add my voice to those of this issue, and create Section 117. facility who is not incarcerated there. The re- Senators MACK, GRAHAM, LAUTENBERG, and Section 117 has a Presidential waiver, in- sults of any test are communicated only to the FAIRCLOTH and join them in their understand- serted only at the insistence of the Administra- inmate tested and those whose blood came ing of the proper interpretation and application tion, which allows the President to issue a into contact with the inmate. Furthermore, the of Section 117. waiver over the ``requirements'' of the section bill authorizes the Attorney General to provide f in the interest of ``national security.'' The intent the appropriate access to counseling, health of this waiver was to allow the President, only care, and support services to the affected offi- CONFERENCE REPORT ON H.R. 4328, in limited circumstances, to waive the require- cer, employee, or other person, and to the DEPARTMENT OF TRANSPOR- ment that the Secretary of State and Secretary person tested. TATION AND RELATED AGEN- of the Treasury, under Subsection (f)(2)(A), This bill could not have passed without the CIES APPROPRIATIONS ACT, 1999 cooperate with victims in locating terrorist as- strong support of Council 82, the correction of- sets. It was never intended to allow the Presi- ficers union in New York, AFSCME, and the HON. MICHAEL P. FORBES dent to waive Subsection (f)(1)(A), the change Law Enforcement Alliance of America. Also, OF NEW YORK in the law which allows victims to attach such Senator ORRIN HATCH was instrumental in assets they are able to find on their own. Un- pushing this legislation through the Senate. HON. FRANK R. WOLF fortunately, shortly after signing the Omnibus f OF VIRGINIA Appropriations Bill, the President issued a blanket waiver, in which he invoked a national ADDING MARTIN LUTHER KING, HON. ERNEST J. ISTOOK, JR. security waiver over the application of both JR., HOLIDAY TO LIST OF DAYS OF OKLAHOMA Subsection (f)(1)(A) and Subsection (f)(2)(A). ON WHICH FLAG SHOULD ESPE- HON. ANNE M. NORTHUP It should be clear that the waiver provision CIALLY BE DISPLAYED OF KENTUCKY of Section 117 only applies to Subsection (f)(2)(A). This reading of legislative intent is HON. KEN BENTSEN HON. ROBERT B. ADERHOLT crucial in order to allow the victims of Pan Am OF TEXAS OF ALABAMA 103, the families of the Brothers to the Res- IN THE HOUSE OF REPRESENTATIVES cue, the Cicippio and Jacobsen families and IN THE HOUSE OF REPRESENTATIVES Thursday, November 12, 1998 Thursday, November 12, 1998 the Flatows, to go forward with their respective cases. The Court should not permit the expan- Mr. BENTSEN. Mr. Speaker, this legislation Mr. FORBES. Mr. Speaker, my colleagues, sive reading of Section 117 the President is corrects an oversight that occurred in the 98th Mr. WOLF, Mr. ISTOOK, Ms. NORTHUP, Mr. attempting to invoke. Nor should the Court Congress during the establishment of the fed- ADERHOLT and I, as members of the House mistake the intent of Congress in allowing this eral holiday celebrating the birth of our Na- Appropriations Subcommittee on Treasury, waiver to be inserted. tion's greatest civil rights leader, Dr. Martin Lu- Postal Service and General Government, It is clear to us that, at no time, did Con- ther King, Jr. It is customary during the estab- strongly support Section 117 of the Treasury gress intend to give the President the absolute lishment of an official federal holiday to signify Appropriations Conference Report, now part of veto power he would have over the application the importance of the date through its recogni- the FY 1999 Omnibus Appropriations Bill, of Section 117 should his expansive interpre- tion in the U.S. Flag Code. The U.S. Flag which was passed by the House of Represent- tation hold. Code encourages all Americans to remember atives on October 20, 1998 and signed into The intent of Congress is clear. We will not the significance of each federal holiday law shortly thereafter. Section 117 expands tolerate the murder of our citizens in acts of through the display of our Nation's banner. existing law to allow American victims of ter- state sponsored terrorism without a serious The Flag Code reminds people that on certain rorism, who have been granted judgements price to pay. The President has clearly ex- days every year, displaying the flag will show against terrorists states, to attach the assets ceeded his authority in exercising a blanket respect for the people and events that have of those terrorist states that are located here waiver over the application of Section 117, shaped our great Nation. in the U.S. It then requires the Secretary of which would affect the victims' attempts to at- I believe the American people should be af- State and Secretary of Treasury to assist vic- tach not only diplomatic assets of terrorist forded the opportunity to pay their respects to tims of terrorism in locating assets of terrorist states, but commercial assets as well. It is our the memory of Dr. King and all his marvelous states here in the United States. view that the Court should firmly and swiftly achievements by displaying our flag on his This provision was made necessary be- reject the President's interpretation of legisla- birthday. Dr. King is the only American because of the Administration's repeated efforts tive intent and permit the victims to go forward sides George Washington to have a national CONGRESSIONAL RECORD — Extensions of Remarks E2315 holiday designated for his birthday. However, mains operative, not the test of ``no legitimate CONFERENCE REPORT ON H.R. 4328, of the ten permanent federal holidays, only purpose'' imagined by some of my colleagues. DEPARTMENT OF TRANSPOR- The King Birthday lacks the notation in the TATION AND RELATED AGEN- Second, the operative provision defining the U.S. Flag Code, and it is appropriate to cor- CIES APPROPRIATIONS ACT, 1999 prohibition on the act of circumvention of tech- rect this omission. I would also like to offer my appreciation to nological protection measures that control ac- HON. ROBERT A. WEYGAND cess to copyrighted materialsÐcontained in Mr. Charles Spain, a resident of Houston and OF RHODE ISLAND section 1201(a)(1)Ðhas also emerged from president of the North American Vexillological IN THE HOUSE OF REPRESENTATIVES Association, which studies flags. Mr. Spain the legislative process completely unchanged. Thursday, November 12, 1998 brought this very important matter to my atten- It is true that the effective date of this prohibition, and I am grateful for his diligence and as- tion has been delayed, and that a rulemaking Mr. WEYGAND. Mr. Speaker, on October sistance in helping my office to correct this proceeding has been grafted on to this provi- 20, 1998, this House was finally able to bring error. His effort demonstrates that all citizens sion to determine whether, with regard to par- to a close our Constitutionally-required duty of approving a budget for the United States. I re- have the ability to contact Congress and make ticular classes of copyrighted materials, the important contributions to the legislative proc- gret, however, that while we have brought this applicability of this particular prohibition should ess. process to a close, it is in no way complete. Mr. Speaker, I rise in support of the unani- be delayed even further. But the prohibition As a member of the House Budget Commit- mous consent request for the House to take itself remains unchanged, and means exactly tee, I find it distressing that this year marks up and pass H.R. 3216, legislation I intro- what it meant when our committee first re- the first year that Congress failed to properly duced to amend the Act commonly known as ported it several months ago. begin the process by not completing its work the United States Flag Code and add the Mar- Third, section 1201(c)(3)Ðthe no mandate on a Budget Resolution. While there is much to criticize about the tin Luther King, Jr., holiday to the list of days provisionÐin the final text of this legislation is process that produced this bill and the lack of on which the flag should especially be dis- identical to the provision that emerged from played. I want to thank the Chairman of the time we had to carefully review it, the fact re- the Senate Judiciary Committee over six Rules Committee for making this request. mains that there is much in this bill that I be- While I am disappointed the Senate will not months ago. The changes proposed by the lieve is good for Rhode Island and for Rhode be able to consider this important legislation House Commerce Committee, which threat- Islanders. during the 105th Congress, I am very pleased ened to open a huge loophole in the protec- Last year, the Balanced Budget Act created the House will pass the legislation this evening tions afforded by the legislation, were rejected a new interim payment system (IPS) for home and send a strong signal that this legislation by the conference committee. The no mandate health care benefits under Medicare. The IPS will be enacted in the 106th Congress. I urge provision means what it says, and what it says was enacted to decrease the rate of growth of my colleagues to support this measure. Let us is this: there is no design mandate in this leg- home health care spending until a prospective continue to honor the legacy of Dr. King and islation, other than the negative mandate to payment system (PPS) was implemented. Un- fortunately, the IPS adversely impacted home move forward with his dream. avoid designing a product primarily for the pur- f health agencies and Medicare beneficiaries pose of circumventing an effective techno- across this country. Due to the manner in DIGITAL MILLENIUM COPYRIGHT logical measure. The addition, by the con- which it was written into law, the IPS rewarded ACT ference committee, of specific provisions con- agencies whose costs were inflated, while ef- cerning certain protections used to control fectively punishing those which had worked HON. HOWARD L. BERMAN copying of audiovisual works in analog formats hard to contain their costs. In fact, it was esti- OF CALIFORNIA does not change the meaning of section mated that Rhode Island lost more than $18 IN THE HOUSE OF REPRESENTATIVES 1201(c)(3) one iota. If the conferees had in- million in home health care reimbursement due to the IPS. Thursday, November 12, 1998 tended that these new provisions were to have had any impact on the application of the ``no Since the passage of the Balanced Budget Mr. BERMAN. Mr. Speaker, anyone trying to mandate'' provisions to other technological Act, I have been working hard with several discern the meaning of the anticircumvention colleagues to reform the IPS and make the protection measures, we would have said so. provisions of H.R. 2281 risks bewilderment by system more equitable and fair. Following the the many pages of the CONGRESSIONAL We did not, in fact, we said the opposite. passage of my amendment to the Budget RECORD that have been devoted to the de- Fourth, on the much-contested issue of Resolution calling on Congress to reform the tailed analyses submitted by one or another playability, the language adopted in the con- IPS, we were able to form a bipartisan coali- Member of this House. I am a member of the ference report is the most definitive statement tion to work diligently on this issue. I felt, and Judiciary Committee, which reviewed this leg- substantively on the circumstances under continue to feel that we need to do all we can islation in detail, and which reported the key which product performance adjustment does to ensure home health care is available to provisions in a form in which they ultimately or does not violate the anticircumvention provi- every Medicare beneficiary who truly deserves received the approval of the House and of the to retain their independence and dignity by re- sions of this legislation. The conference report, conference committee, on which I also served. ceiving care at home. First, the operative provisions which define which specifically addresses this issue, has I was pleased that the Omnibus Appropria- the key prohibition of trafficking in the tools of been adopted without recorded dissent in both tions Act includes a small measure of relief for circumvention of technological protection Houses, and any subsequent inconsistent in- home health care agencies throughout our na- measuresÐsection 1201(a)(2) and (a)(3), and terpretation should carry no weight. tion and in Rhode Island. Provisions related to section 1201(b)(1) and (b)(2), of Title 17Ð I do not seek to put a new gloss on the home health care were hard fought and will were not changed throughout the legislative words in the conference report. Those words provide additional reimbursement to home process. They read almost verbatim in the health care agencies with per-beneficiary limits speak for themselves. I would simply point out final version of this legislation, which is on the below the national average. In addition, the bill that nearly all the fundamental operative provi- way to the President's desk, as they read increases per-visit limits for certain home when the legislation was first introduced, when sions of Title 1 of H.R. 2281, and indeed, of health care agencies. it was reported by the Judiciary Committee, much of the rest of the bill as well, simply re- One of the most significant home health and when it was unanimously approved by the capitulate the provisions that have been part care related provisions in this bill is the one House. Thus, statements on the floor that pur- of this legislation since it was introduced, that year delay of the automatic 15% cut in home port to explain how these provisions have have remained unchanged throughout the health care reimbursement until October 1, been narrowed, or how implicit exceptions to complex and protracted legislative process, 2000. As my colleagues are well aware, the themÐnot spelled out in the language of the and that are amply explained by the reports of Balanced Budget Act mandated that an auto- billÐhave been expanded, deserve little atten- the respective Judiciary Committees, which matic cut occur on October 1, 1999 if the PPS tion. In particular, the three-point test spelled first approved them. is not fully implemented. Earlier this year, the out in sections 1201(a)(2) and 1201(b)(1) for Health Care Financing Administration stated determining whether a particular product or that the PPS would not be ready and that a service runs afoul of the legislation has never 15% cut would be necessary. I am pleased been substantively amended. This test re- my colleagues joined me in recognizing the E2316 CONGRESSIONAL RECORD — Extensions of Remarks November 12, 1998 importance of delaying these additional cuts to ages of 14 and 21 to participate in this worth- tricts to begin hiring additional teachers to re- home health care agencies, which were al- while program. duce class sizes, especially in the lower ready struggling with the negative affects of I am particularly pleased that Congress pro- grades. This $1.2 billion down payment will the IPS. vided funding equal to the amount requested provide over $5.6 million for the State of Although I believe much more must be for the Job Corps program. I hope that full Rhode Island to lower class sizes. Reducing done, I believe the home health care related funding will pave the way for approval, by the class sizes has proven successful in raising provisions in the legislation are a small, yet U.S. Department of Labor, of an application by education outcomes, not only for students in positive step forward. the state of Rhode Island for a new Job Corps the classrooms where the sizes are smaller, One of the first bills I introduced when I Center. Rhode Island is one of only four states but also for students in higher grades. The came to Congress was legislation to allow for in the nation without a Center. 30,000 teachers provided in this budget will the deduction of health care benefits by small Since its creation in the early 1960's as part assist our neighborhood schools to provide businessmen. I was pleased that a version of of President Johnson's War on Poverty, the quality education for all of our children. We my legislation was included in the FY98 budg- Job Corps Program has provided hundreds of need to continue funding this important pro- et. This year, the Omnibus bill provides for the thousands of poverty level young men and gram and realize the goal of 100,000 addi- acceleration of the health insurance deduction women all over the United States with one last tional, well-trained and highly qualified teach- for self-employed individuals. This will provide opportunity to become contributing members ers in the near future. much needed tax relief to small businesses of their community. It is always a trying deci- I was disappointed that the budget did not and place them on a level playing field with sion for any young person to say no to their include much needed money for school con- large businesses that can already deduct 100 family, friends and neighborhoods and yes to struction and modernization. Countless school percent of their health care costs. Job Corps and the possibility of a new begin- buildings in my district are in need of repair As Rhode Island works to develop the ning. Unfortunately, that decision has been all and rehabilitation. Countless others need as- former Quonset Point Naval Air Station in the more difficult for the young people in sistance with modernizing their facilities, so North Kingstown, Rhode Island into an inter- Rhode Island who have been forced to travel they can prepare their students to compete modal industrial park, efforts are underway to to other states for Job Corps training. In all too well in the global economy. The federal gov- provide for a third rail track between Quonset many instances, the distance has been just ernment must provide some measure of as- Point and the Massachusetts state line allow- too difficult. Hopefully, saying yes to Job sistance to local school districts to respond to ing uninhibited movement of freight through Corps and a brighter future will be just a little their infrastructure needs. Although I am trou- Rhode Island and the Northeast rail corridor. bit easier for Rhode Islanders in the near fu- bled that the Omnibus Appropriation Act does Completion of this track is a critical component ture. not provide this assistance, I am pleased that for the development of Quonset Point Two other job training programs important to Congressional Democrats and the White Davisville and the future of Rhode Island's Rhode Island also received proper funding in House were able to succeed in providing economy. The Omnibus bill includes $5 million this budget. Both Title II±A of JTPA, the adult some assistance to the students of our nation. for the continuation of the Rhode Island Rail training program and Title III, the Economic All in all, Mr. Speaker, I think this legislation Development Project. Dislocation and Worker Adjustment Assistance is good for Rhode Island. For that reason, I As a landscape architect, I have a particular Act, may provide close to $7 million in training voted in favor of the bill. interest in and concern for our environment. I aid to Rhode Island workers. Regrettably, f am pleased that the final agreement includes funding for these programs remains of great CONFERENCE REPORT ON H.R. 4328, significant funding for the Blackstone River importance to Rhode Island. In recent weeks DEPARTMENT OF TRANSPOR- Valley National Heritage Corridor, including I have been working with the U.S. Department TATION AND RELATED AGEN- $750,000 for construction of exhibits through- of Labor and the Rhode Island Department of CIES APPROPRIATIONS ACT, 1999 out the corridor, $328 million for the Land and Employment and Training to assist the em- Water Conservation Fund (LWCF) for the pro- ployees of two separate companies who have HON. LANE EVANS tection of sensitive and valuable public lands. lost their jobs and are in need of retraining for OF ILLINOIS In addition, the bill eliminates the wasteful pur- the future. Historically, Rhode Island's econ- IN THE HOUSE OF REPRESENTATIVES chaser road credit program. I do not believe it omy has been blue collar in nature. As we necessary for the federal government to sub- stand at the doorway of the next century, Thursday, November 12, 1998 sidize the building of roads in our national for- Rhode Island is making the changes nec- Mr. EVANS. Mr. Speaker, I rise today to ests by timber companies. essary to compete in the high tech, global support H.R. 4328, The Omnibus and Emer- As a member of the House Committee on economy of the future. As we make that con- gency Appropriations Bill of 1998. Many of the Banking and Financial Services, I am pleased version, it will be very important that our work- provisions contained in this measure are de- that the Administration and the majority were ers receive retraining to make the jump to that serving of supportÐthese include aid to farm- able to come to agreement on the important new economy. ers, support for education and other worthy matter of funding for the International Mone- In August of this year, I joined with South programs. However, I do have some serious tary Fund. Along with the moneyÐthe bill pro- County Community Action, West Bay Commu- reservations about one provisionÐDivision vides $17.9 billionÐare the reforms that the nity Action, Self Help, Inc., Tri-Town Commu- DÐPersian Gulf War Veterans Act of 1998. IMF must make. These reforms are similar to nity Action, Providence Community Action, the This measure incorporates text from S. 2358, the ones approved by the Banking and Finan- Blackstone Valley Community Action, the including compensation legislation for Gulf cial Services Committee. This will help sta- Rhode Island Department of Elderly Affairs War veterans that would attempt to override a bilize foreign economies while at the same and several representatives from energy com- compromise developed by both bodies' au- time make the IMF's transactions more trans- panies comprising the Good Neighbor Energy thorizing committees. This provision was in- parent, liberalize the IMF's trade policy, and Fund to express our concern about proposed serted over objections in both Chambers in an require the IMF to address environment, labor cuts in the Low-Income Home Energy Assist- effort to conciliate one member of the other and human rights conditions in the nations ance Program (LIHEAP) then proposed by body. I am unaware of any prior conference they lend to. House Republicans. I am pleased that the process that has been blatantly overridden to The bill also provides funding for the Over- final budget will fully fund LIHEAP. This pro- account for the desires of one Member. I am seas Private Investment Corporation (OPIC) gram will provide much needed heating assist- also extremely disappointed with my col- and the Export-Import Bank (Ex-Im) that help ance to over 17 thousand Rhode Islanders leagues on the Appropriations Committee of U.S. business enter foreign markets. this year. Nobody should ever have to choose the House and Senate for acceding to the de- Title II±B of the Job Training Partnership Act between heating or eating. Without LIHEAP, mands of one individual who clearly did not (JTPA), known as the Summer Youth program too many people would be forced to make that express the authorizers' views. at the Department of Labor, has been fully terrible decision. By putting this authorization into ``must funded at $871 million. The purpose of this As I have stated time and time again, our pass'' legislation with a number of worthy program is to enhance the educational skills of children deserve a world class education. With funding initiatives, I feel that my colleagues young people, encourage enrollment in addi- a quality education, children can succeed in have exploited the position in which I and oth- tional education, and provide exposure to the this ever evolving and ever competitive global ers find ourselves today. The Veterans Affairs working world. It is estimated that Rhode Is- society. Committee in the House and the other body, land will receive $2,671,035 which will allow I am pleased the Omnibus Appropriations the committees of jurisdiction, agreed to com- 2,081 young Rhode Islanders between the Act includes critical money for local school dis- prehensive veterans' legislation which is now CONGRESSIONAL RECORD — Extensions of Remarks E2317 awaiting passage by the other body. This resentatives. It is also used to: determine the they are for religious, racial, or nationality rea- measure, H.R. 4110, the Veterans' Programs allocation of billions of taxpayer dollars to sons, or whether the are due to individuals Enhancements Act of 1998, was approved on States and localities; determine within-State standing up for their political beliefs which are October 10, 1998 by the House by a unani- legislative redistricting; make decisions regard- most often in defense of democracy, should mous vote of 423 to 0. As agreed to by the ing the administration of various Federal pro- be addressed in this legislation. There must House and Senate Veterans Affairs Commit- grams; and compile many kinds of economical be special protections against all forms of per- tees and approved by the House, H.R. 4110 and statistical research. secution. resulted from a consensus building process. Statisticians across the Nation have already Operationally, the religious persecution free- This process created a bill that all concerned indicated widespread support of sampling as dom bill would undermine U.S. efforts to sup- believed was cumulatively better than the sum the most scientifically accurate and cost-effec- port the goal of religious freedom, as well as of its parts. The compromise included parts of tive census enumeration method. In fact, in other important U.S. foreign policy interests. S. 2358, and of my bill, H.R. 3279, that allows 1991, a congressionally mandated National More specifically, the measure would establish the use of epidemiological models to deter- Academy of Sciences panel of nationally rec- an office of religious persecution monitoring to mine what conditions ought to be com- ognized experts supported this conclusion by provide the imposition of sanctions against pensated with regard to Persian Gulf War vet- stating that a ``Differential undercount cannot countries engaged in a pattern of religious erans. I considered this step to be a major be reduced to acceptable levels at acceptable persecution. gain for veterans. I sincerely believe that, in costs without the use of integrated coverage This measure would prohibit Federal agen- overriding the compromise, we will do a great measurement and the statistical methods as- cies and U.S. citizens and exporting goods, in- disservice to our Gulf War veterans. sociated with it.'' cluding religious torment facilitating products, H.R. 4110 allows the prevalence of illnesses A second panel of experts confirmed these to countries and significant entities engaged in veterans experience to serve as a basis for findings, in 1992 and 1996, when it further de- religious torture. H.R. 2431 proposes sanc- compensation determinations. This modelÐ termined that sampling is critical to the suc- tions that would be counterproductive to con- one supported by the Presidential Advisory cess of the 2000 census. There is no other vincing foreign governments to prevent limita- Committee on Gulf War IllnessesÐis thought way to avoid the mistakes of the past. tions on religious freedom. This could possibly by many scientists to provide an approach that Speaking of the past, it is a well known fact lead to misguided repercussions against mi- gives veterans the benefit of the doubt. Even that the 1990 census, which cost a recorded nority religious groups that are perceived as if veterans are unable to prove that their ill- $2.6 billion, repeated a disturbing trend of dis- causing deterioration of relations with the nesses resulted from any of a host of possible proportionately missing higher numbers of mi- United States. causes, as the language in S. 2358 and now, norities than non-minorities in the census enu- By imposing automatic sanctions, this legis- would require them to do, conditions that they meration. For the first time in history, this most lation could harm bilateral relations with allies, experienced more frequently than their peers recent census was less accurate than the pre- as well as limit Presidential flexibility and raise could serve as a basis for compensation. ceding one. In fact, the 1990 census questions regarding U.S. international obliga- By including the text of S. 2358 in the Omni- undercount is estimated to have been 33 per- tions. In addition, this bill undermines the U.S. bus and Emergency Appropriations Bill of cent greater than that of the 1980 census. policy to respect all human rights. 1998, those who have wrought the Omnibus Four times as many blacks, 5 times as many Mr. Speaker, current law already provides and Emergency Appropriations Bill of 1998 Hispanics, 2 times as many Asians and Pacific an adequate basis for the United States to im- have violated not only the spirit, but the letter, Islanders, and 5 times as many American Indi- pose sanctions on foreign entities that violate of the agreement of the authorizing commit- ans as non-Hispanic whites were missed in human rights. Furthermore, automatic imposi- tees. This is nothing less than a travesty of the count. This resulted in greater expendi- tion of sanctions could dissuade foreign gov- the legislative process. This is nothing less tures for non-response follow-up. ernments or persons from cooperating with the than using strong arm tactics to achieve the Mr. Speaker, we cannot afford the con- United States to prevent limitations on reli- will of one. This is wrong, plain and simple. sequences of another inaccurate census. We gious freedom. In its current form, this bill f have scientific proof that sampling is the only could harm U.S. political and economic rela- method of ensuring that the 2000 census is tionships with other countries. For example, it CONFERENCE REPORT ON H.R. 4328, legislates sanctions without consideration for DEPARTMENT OF TRANSPOR- fair and accurate and that it is inclusive of all Americans. If we do not utilize sampling tech- exempting emergency food aid and distribution TATION AND RELATED AGEN- programs that would place many innocent ci- CIES APPROPRIATIONS ACT, 1999 niques, we can expect an undercount of at least five million people, the majority of whom vilians in danger of starvation. Mr. Speaker, I strongly believe that legisla- will be children, minorities and the urban and HON. LOUIS STOKES tion sanctions would alienate significant diplo- rural poor. We can also expect to waste valu- OF OHIO matic and trade partners. It is for these rea- able taxpayer dollars. For according to the IN THE HOUSE OF REPRESENTATIVES sons that I urge my colleagues to join me in U.S. Census Bureau, a year 2000 census that Thursday, November 12, 1998 opposing H.R. 2431, the religious persecution incorporates sampling surveys would save freedom bill. Vote ``no'' to H.R. 2431. Mr. STOKES. Mr. Speaker, while I support from nearly $675 million to $800 million. the Omnibus Appropriations Act of 1999, I am It is for these reasons that I urge my col- f very concerned about a provision in the bill leagues not to hesitate to do what is right. We CELEBRATING 75 YEARS OF that only provides funding for the Departments must not forgo the cost effectiveness and ac- INSPIRATION of Commerce, Justice and State through July curacy of statistical sampling. 15th; thereby delaying Congress' decision on f HON. JAMES A. BARCIA statistical sampling in the 2000 census until INTERNATIONAL RELIGIOUS OF MICHIGAN the Supreme Court rules on the legality and IN THE HOUSE OF REPRESENTATIVES constitutionality of this method. I am not com- FREEDOM ACT OF 1998 fortable with this. It is yet another Republican- Thursday, November 12, 1998 led effort to ensure that all Americans are not HON. LOUIS STOKES Mr. BARCIA. Mr. Speaker, one of the rea- counted in the 2000 census. OF OHIO sons that our nation was created was to cele- For quite some time, we have been en- IN THE HOUSE OF REPRESENTATIVES brate the freedom of religion. And over the gaged in what has become a bitter fight over years, many Americans have devoutly pro- the use of statistician sampling. How we Thursday, November 12, 1998 fessed their faiths and found strength within choose to handle the year 2000 census is one Mr. STOKES. Mr. Speaker, I rise in opposi- their churches. Next month, on November 15, of the most important issues facing State and tion to H.R. 2431, the religious persecution Bay City First Church of the Nazarene is cele- local communities across the Nation. In fact, it freedom bill. In its current form, this measure brating its 75th anniversary of inspiring its is an issue of fundamental fairness and basic is too narrow to address the issues facing the members to follow God's guiding light, and, economics. With the year 2000 census upon global community today. most importantly, the success that the Church us, we cannot afford to further delay the im- H.R. 2431 implies to the world that some- has had in achieving that goal. plementation of the most effective means of how religious persecution should be given pro- As Reverend Marc Meulman points out in counting the U.S. population. tection and heightened priority before other his announcement of this special event, on The census count is a constitutional require- forms of abuse. I strongly believe that all November 15, 1923, a small group of Naza- ment for reapportioning the House of Rep- forms of oppression and persecution, whether renes joined together to officially organize the E2318 CONGRESSIONAL RECORD — Extensions of Remarks November 12, 1998 First Church of the Nazarene of Bay City. The sional accolades reflect the commitment and HONORING ROCKY RIVER MIDDLE church was organized by Reverend C. Preston devotion John has given to Hamden and its SCHOOL Roberts, the District Superintendent, at the residents. John's good work is reflected in dra- home of Mr. and Mrs. Oscar Freeman. Rev- matic reductions in crime rates, the inaugura- HON. DENNIS J. KUCINICH erend Charles Strait, who had come to Bay tion of the annual Halloween party, and the OF OHIO City in the summer of 1923, was named pas- development of a progressive and highly ef- IN THE HOUSE OF REPRESENTATIVES tor. Ms. Jessie Bright was elected Secretary, fective police departmentÐjust a few exam- Thursday, November 12, 1998 Oscar Freeman was elected Treasurer. The ples of the contributions he has made to the Board of Trustees included John Copeland, Hamden community. Mr. KUCINICH. Mr. Speaker, I rise to honor Don Dickinson, and William Hess. Rocky River Middle School, which has been The present building was begun in May, As a professional law enforcement officer, named a 1997±1998 Blue Ribbon School of 1939, and completed the following November. the various ways John has influenced the Excellence by the U.S. Department of Edu- Merrit & Cole of Detroit were the architects for community are innumerable. Hamden resi- cation. this 72 by 36 feet building, which had a seat- dents credit John's work as Chief of Police as Only 167 schools in the country earned this ing capacity of 375. It had a front and rear the most important factor in keeping Hamden prestigious award this year. Ten public hall, balcony, annex, main auditorium, chan- a safe community, which is relatively free of schools in Ohio received the award, and two cel, choir loft and pastor's study. Room was criminal activity and drug trafficking. John schools in Rocky River have been recognized. made in the basement for Junior and Inter- Ambrogio has become an indispensable figure Blue Ribbon Schools are considered to be mediate classes, where young people would in Hamden and replacing him will be a tre- models of both excellence and equity where be properly instructed of the principles of the mendously difficult task. educational excellence for all students is a Church, and its goal of creating significant It is with great pleasure that I join with his high priority. Rocky River Middle School had meaning in the spirit of Christ in each person's wife, Maureen, his children, and grandchildren to demonstrate its effectiveness in meeting life. The building was appropriately described as we honor my dear friend Police Chief John local, state and national educational goals and had to successfully complete a rigorous appli- at its dedication as ``...simple, harmonious, Ambrogio for more than forty years of dedica- and consistent with the Gospel of Christ, and cation process. Blue Ribbon Schools must tion and commitment to the Town of Hamden. is intended to promote a spirit of reverence offer instructional programs that meet the I wish him many happy years in his retirement. and worship.'' highest academic standards, have supportive Since its founding and the dedication the f and learning-centered school environments, present building, thousands of people have felt and demonstrate student outcome results that the strength of Bay City First Church of the IN MEMORY OF SOHAN SINGH are significantly above average. Rocky River Middle School is an outstand- Nazarene as the lever that has helped move RANDHAWA them through life. From the days as children ing school that is well deserving of this na- learning God's life lessons, to the responsible tional recognition. Its academic programs and days of adulthood when the mission changes HON. SAM FARR environment will serve as a model for schools from one of learning to one of teaching, to the across the country. My fellow colleagues, latter days of life when the Church is a place OF CALIFORNIA please join me in congratulating the students, of solitude for reflections on life's achieve- IN THE HOUSE OF REPRESENTATIVES teachers, and administration of Rocky River ments, parishioner after parishioner has re- Middle School for their commitment to excel- ceived an invaluable benefit from their mem- Thursday, November 12, 1998 lence. bership. f Mr. Speaker, so often we ask about the Mr. FARR of California. Mr. Speaker, I rise morals of America, the values of the American to honor a beloved member of our community, TRIBUTE TO HON. M. BEN GAETH family, and the vision of greatness that we Sohan Singh Randhawa, who died in a tragic want for our nation. For the past seventy five accident last month at the age of 69. HON. PAUL E. GILLMOR years Bay City First Church of the Nazarene Randhawa was born in 1930 in Pakistan, OF OHIO has provided all of these elements and so and, as a young man became a police officer IN THE HOUSE OF REPRESENTATIVES much more. I ask you and all of our col- in the Punjab village of Dhano Vali, rising to Thursday, November 12, 1998 leagues to join me in congratulating Reverend serve in the national police force. He brought Mr. GILLMOR. Mr. Speaker, it is with great Meulman and all of the members of the his family to California in 1968, eventually set- Church on this momentous anniversary, and in pleasure that I rise today to pay very special tling in Watsonville where Randhawa and his tribute to an outstanding public servant from wishing them all many more years to come. wife, Gurmej Kaur raised their four daughters, f the state of Ohio. Following the One Hundred Kuldip Kaur, Manjit Kaur, Balwinder Kaur and Twenty-Second Session of the Ohio General HONORING POLICE CHIEF JOHN Surinder Kaur. In 1978, Randhawa and three Assembly, the Honorable M. Ben Gaeth will AMBROGIO FOR EXCELLENCE IN partners began Paul Trucking, which ex- retire as a member of the Ohio Senate from SERVICE panded quickly from one truck to ninety-five, the First District. and became an important element in the re- Mr. Speaker, Senator Gaeth has dedicated HON. ROSA L. DeLAURO frigerated agricultural shipping industry. much of his life to serving the people of the OF CONNECTICUT Randhawa was a central member of the First District and all of the state of Ohio. Ben IN THE HOUSE OF REPRESENTATIVES Sikh community, a past President of the Sikh Gaeth began his career in public service in 1962 as the Safety Director of the City of Defi- Thursday, November 12, 1998 Temple in Stockton and an active member of the Sikh temples in San Jose and Fresno. ance. After three short years, he turned his at- Mr. DeLAURO. Mr. Speaker, I rise in honor Randhawa showed a generosity of spirit to- tention to politics as he became the Mayor of of a dedicated and highly respected member ward the people whose lives touched his, be- Defiance. For nearly ten years, Ben Gaeth of the Hamden Police Department whose deci- coming a father and advisor to the Indian guided government and politics in Defiance, sion to retire ended a career in law enforce- community. He took a personal interest in while always concentrating on working for the ment which spanned more than forty years. helping with the problems of new immigrants, people whom he represented. In 1975, M. Ben Gaeth was elected to his Chief John Ambrogio leaves a legacy of dedi- settling disagreements, looking for solutions to cation, integrity, and excellence spanning over first term as a member of the Ohio State Sen- immigration problems, resolving business four decades, and he will not be forgotten by ate from the First District. For more than twen- issues, and helping with cultural assimilation. his fellow officers or by the citizens of Ham- ty-three years, Ben Gaeth has been an ardent den. Lifelong friend, and Mayor of Watsonville, supporter of his constituents in Northwest Chief Ambrogio dedicated nearly a third of Dennis Osmer spoke of his death as a loss to Ohio. During his time in the Senate, Ben has his life to leading the Department of Police all of central California. We will miss this true served as Chairman of the Senate Reference Services with dignity and virtue, and his work advocate and benefactor, Sohan Singh Committee, Chairman of the Senate Agri- has had a profound effect on the quality of life Randhawa, but he is being survived by loving culture Committee, Vice Chairman of the in Hamden. Eighteen departmental com- family and friends who will never forget his Rules Committee, and was a member of nu- mendations as well as various other profes- kindness. merous other committees. CONGRESSIONAL RECORD — Extensions of Remarks E2319 Mr. Speaker, I had the good fortune of Constitutional Rights, in the late 1970s, she I'm proud to have served with you and working with Ben Gaeth in the Ohio Senate. was Deputy Secretary to the White House proud to have you as a friend. From the days that Republicans were in the Cabinet and Special Counsel to the Depart- My best wishes are with you always. Minority to the time in which I served as Presi- ment of Defense. f dent of the Senate, Ben Gaeth was seen as Mr. Speaker, it is my great pleasure to pay IN SUPPORT OF H.R. 930, THE a hard working and outspoken advocate for tribute to Congresswoman JANE HARMAN. The TRAVEL AND TRANSPORTATION his district. His diligent yet humble efforts State of California owes JANE a great deal of REFORM ACT OF 1998 made him a very well liked Senator by his col- gratitude for her tireless efforts throughout her leagues on both sides of the aisle. I think I public service in the House of Representatives can speak for my colleagues in saying that it I extend my hearty congratulations and best HON. LOUIS STOKES was certainly a pleasure to work with Ben wishes to JANE, her husband Sidney, and her OF OHIO Gaeth. His efforts will be sorely missed. four children, for continued success and joy in IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, it has been said that America the years to come. JANE HARMAN will be Thursday, November 12, 1998 succeeds due to the selfless acts of her sons missed and remembered. Mr. STOKES. Mr. Speaker, I rise in support and daughters. Whether it was on the battle- f of H.R. 930, the Travel and Transportation Re- fields of World War II, where he won the Pur- TRIBUTE TO JANE HARMAN form Act of 1998. This important legislation will ple Heart, to his days as Mayor of Defiance, streamline the way our Federal Government to his current position in the Ohio Senate, M. accounts for all job related transportation and Ben Gaeth has dedicated his life to service to HON. LUCILLE ROYBAL-ALLARD travel expenses of Federal employees. his community, state, and country. He is a OF CALIFORNIA The idea of requiring the use of a Govern- leader and a true American patriot. I would IN THE HOUSE OF REPRESENTATIVES ment-issued charge card for all official travel urge my colleagues to stand and join me in Thursday, November 12, 1998 related expenses is long overdue. In Decem- ber 1995, the Joint Financial Management Im- paying special tribute to the Honorable M. Ben Ms. ROYBAL-ALLARD. Mr. Speaker, I rise provement Program [JFMIP] published a re- Gaeth, and in wishing him the very best in the to pay tribute to our friend and colleague, port detailing nine recommendations on im- future. JANE HARMAN, who will be leaving Congress proving temporary duty travel. Among these f after 6 years of distinguished service. recommendations was the use of a Govern- I had the privilege of meeting JANE when we TRIBUTE TO CONGRESSWOMAN ment charge card for all travel-related ex- came to Washington as part of the 103rd Con- JANE HARMAN penses. This provision creates an efficient gress, often referred to as ``The Year of the standard for the Government to obtain the Woman.'' proper information needed to verify all busi- HON. LYNN C. WOOLSEY At that time, there was great hope and ex- ness related charges. OF CALIFORNIA pectations about the impact the new surge of IN THE HOUSE OF REPRESENTATIVES By implementing such a requirement, the women would have on Congress and our Na- Government will be able to become more effi- Thursday, November 12, 1998 tion. cient in its operations while taking advantage JANE HARMAN has not only lived up to those Ms. WOOLSEY. Mr. Speaker, I rise to honor of money saving charge card rebate pro- expectations and hopes, but she has indeed one of California's very distinguished and grams. This bill is also a victory for Federal exceeded them. dedicated public officials, Representative JANE employees who currently utilize charge cards Clearly, no one works harder than JANE on HARMAN. JANE is being honored as she retires not specifically issued for Government travel. behalf of her constituents and for the issues in from the House of Representatives after three While authorizing heads of Government which she believes. terms of significant public service. I am proud agencies to hold employees responsible for When an issue is important to JANE, the to mark this occasion with my fellow col- being delinquent on their Federal charge card word ``no'' is simply unacceptable. accounts, this measure clarifies the Federal leagues in the House of Representatives. JANE personifies the term ``can do. ''If any- JANE is widely recognized for her instrumen- Government's authority to access an employ- one doubts JANE's vigor, one need look no fur- ee's financial information, including accounts tal work on behalf of women's issues in her ther than her stellar performance on the mili- service to California's South Bay. As a native maintained by the Government. In order to tary basic training fitness test that she passed protect an individual's privacy, this measure Californian, private lawyer and legislator, JANE with flying colors. provides clear guidelines for accessing infor- fought for a woman's right to reproductive Strong and determined, intelligent and choice and led investigations of sexual mis- mation relating to such charges. bright, she is also compassionate and caring In addition, the bill corrects an inadvertent conduct in the military, roles for women in and willing to stand up for her beliefs regard- tax liability imposed on Government employ- combat, and access to reproductive services less of the consequences. ees during the tax years of 1993 and 1994. for military women and their dependents. Many times I witnessed JANE vote her con- Since most Government agencies were not JANE's career accomplishments are many. science, knowing full well it could jeopardize notified by the Internal Revenue Service [IRS] Among the most noteworthy is her attendance her next election in the politically tough district of a tax liability imposed on certain Federal at the bipartisan U.S. congressional delegation she represents so well. She once said to me employees created in the 1992 Energy Act at the United Nations Fourth World Con- before a difficult vote. `Ì know it's going to hurt until December 1993, many Federal employ- ference on Women, where JANE solidly voiced me politically, but I've got to vote for what I ees became liable for taxes relating to busi- her support for China as an appropriate site believe is right or I can't live with myself.'' She ness travel expenses. Fortunately, this bill au- for a healthy debate on women's issues. As then made the tough vote. thorizes reimbursement to employees who in- an esteemed Member of the House National Since our offices were across the hall from curred such tax liabilities, along with interest Security and Select Permanent Intelligence each other, I often witnessed JANE succeeding and penalty charges for late payment. Committees, JANE was first appointed to the in the balancing act of being a legislator, man- Finally, this measure authorizes Govern- Congressional Conference Committee to meet ager, and mother. I remember on one occa- ment agencies to participate in travel pilot on the Fiscal Year 1998 National Defense Re- sion, amidst a series of votes, JANE was on tests designed to save taxpayer dollars. Al- authorization. As a conferee, JANE consistently the phone counseling her daughter and help- though this provision is limited to only 10 initial sought to reinstate the right of military women ing her with her homework. pilot programs in the areas of temporary duty and their dependents to have access to a full JANE is proof positive that when given the and relocation travel, agencies are permitted range of reproductive choices. This year JANE opportunity, women can meet the challenges to seek approval of the General Services Ad- was again appointed as a conferee member to of national leadership with intelligence, dignity, ministration, along with congressional over- the Fiscal Year 1999 National Defense Reau- and grace. sight, to initiate a specific pilot program. This thorization where she had the lead role on the It may surprise you, but I'm not going to say will allow agencies to design and implement particularly contentious debate over how to goodbye. For I am convinced we haven't seen improved benefit systems to incur further sav- best train our military's new recruits. the last of you. ings. JANE has unfailingly served this institution In fact, I suggest that in the not too distant Mr. Speaker, as we strive to help our Gov- over the years. After first serving as Legisla- future, we may yet address you as Madam ernment agencies to become more efficient, tive Director to U.S. Senator John Tunney Governor or Madam Secretary. we must upgrade agency management poli- (CA), and then as Chief Counsel and Staff Di- Thank you for all you have done and will cies and practices to provide the most effec- rector to the Senate Judiciary Committee on continue to do for California and our Nation. tive Government to our taxpayers. I believe E2320 CONGRESSIONAL RECORD — Extensions of Remarks November 12, 1998 that H.R. 930 provides a delicate balance of live and work. I am proud to honor the Board ing the House, and while we will miss her greater Government efficiency, without com- for these accomplishments, and for all of the presence and service, we can't help but share promising the integrity of its employees. I urge work it has done to help our region's work- in her excitement as she moves on. my colleagues to join me in supporting the force, businesses and community. Most of us know her as our friend JANE. But Travel and Transportation Reform Act of 1998. f many in Washington call her GI Jane, and for Our taxpayers and Government employees good reason. This is the woman who makes deserve nothing less. Vote ``YES'' on H.R. A SPECIAL TRIBUTE TO BROWN’S it through the Army physical training test with- 930. BAKERY ON THE OCCASION OF out breaking a sweat, and supports our mili- f ITS ONE HUNDRED TWENTY- tary women and men without missing a beat. FIFTH ANNIVERSARY CELEBRA- I'll always remember how JANE forced this HONORING THE REGIONAL WORK- TION body to recognize that the women of our Na- FORCE DEVELOPMENT BOARD tion's armed services should be rewarded, not FOR CONTINUED EXCELLENCE IN HON. PAUL E. GILLMOR punished, for their bravery and service. Yet COMMUNITY SERVICE OF OHIO when some in our Congress sought to limit IN THE HOUSE OF REPRESENTATIVES their right to control their own bodies, JANE was always there to speak out for our women HON. ROSA L. DeLAURO Thursday, November 12, 1998 OF CONNECTICUT soldiers. IN THE HOUSE OF REPRESENTATIVES Mr. GILLMOR. Mr. Speaker, it is with great And JANE was always there when her dis- pleasure that I rise today to pay a very special Thursday, November 12, 1998 trict needed her. She saved jobs, protected tribute to an outstanding organization from her district's military base and worked to make Ms. DELAURO. Mr. Speaker, I rise to recog- Ohio's Fifth Congressional District. This year, our Federal Government accountable to its nize and congratulate the Regional Workforce Brown's Bakery, in Defiance, Ohio, is celebrat- people. Mrs. HARMAN has been an especially Development Board for its service to the ing a milestone achievement. 1998 marks the indefatigable advocate for her native State of greater New Haven community in Connecticut. One Hundred Twenty-Fifth Anniversary of op- California. The backbone of any community is the rela- erations for Brown's Bakery. We'll certainly miss Congresswoman HAR- tionship between businesses and residents. Brown's Bakery has been a mainstay of the MAN. But we have to realize that GI Jane has For the past twenty years, the Board, which is Defiance community for more than a century. bigger and better things waiting to be ex- the Private Industry Council for greater New Brown's Bakery is much more than just an plored, and she has another name as well: Haven, has nurtured this relationship to ex- employer for the area. Brown's has been and Mom. So JANE, as you return to your family, pand the regional economy. The Regional continues to be part of a close-knit family in and to the life that awaits you after Congress, Workforce Development Board has served as and around Defiance. Brown's Bakery is an in- take with you the memories of your service in a liaison between the business community and valuable partner to Defiance and all those liv- the House of Representatives. CaliforniaÐand area residents, narrowing the gap between ing in the community. CongressÐis better for your time here. employers' needs and the skills of the region's Mr. Speaker, Brown's Bakery embodies the f potential and existing workforce. spirit of enterprise that we hear so much With advancing technology rapidly changing about. Beginning in the early 1870's, Brown's HONORING THOMAS COURY the business environment, employers face the Bakery started a long lasting tradition by mak- challenges of upgrading the skills of their ing some of the finest baked goods and prod- HON. DENNIS J. KUCINICH workforces. Employees must obtain the skills ucts found anywhere in Northwest Ohio. For OF OHIO needed by industry. The Board has imple- more than one hundred twenty-five years, the IN THE HOUSE OF REPRESENTATIVES mented a strategy that gives residents of Brown family has worked diligently to ensure Thursday, November 12, 1998 Greater New Haven essential skills, and cre- that the vision set by Reinhard and Emilie ates a pool of qualified individuals available to Curdes Brown is continued. Mr. KUCINICH. Mr. Speaker, I rise to honor work. Throughout its long and rich tradition, the memory of Thomas Coury, a kindhearted The Regional Workforce Development Brown's Bakery has been committed to the man that dedicated his life to enhancing the Board provides job training to thousands of Defiance community. Again and again, well-being of others. greater New Haven residents each year. It fo- Brown's Bakery has shown its dedication Born in Uniontown, Pennsylvania, Thomas cuses on the entire community including sum- through support of various groups and organi- Coury came to the Greater Cleveland area in mer youth job programs and special opportuni- zations. Whether it is assisting Defiance High 1958, along with his three brothers, in re- ties for the economically disadvantaged. The School with its football stadium, local groups sponse to the need for concrete pouring. With- contributions that the Board has made to the like the United Way or Boy and Girl Scouts of in one year, Thomas and his three brothers New Haven community are remarkable. Its America, or its forty-year sponsorship of established the Concrete Wall Company and work truly represents the heart and the spirit Bunny League baseball, Brown's Bakery is al- began pouring foundations for homes all over of our community by ensuring that residents ways there willing to lend a helping hand. Brook Park. and businesses grow together. Mr. Speaker, it is a pleasure for me to rec- With an innate ability to care for others and 1998 marked three anniversaries for the ognize Brown's Bakery on the special occa- a passion to reach out, Thomas and his broth- Board. It marked the twentieth anniversary of sion of its One Hundred Twenty-Fifth Anniver- ers established Aristocrat Health Care. There, the creation of private industry councils. Fif- sary Celebration. The Brown family and all Thomas began his lifelong career in elderly teen years ago, the council assumed respon- those associated with Brown's Bakery truly care, converting schools, motels and other sibility for overseeing federal employment and embody the spirit of entrepreneurship, enter- buildings into nursing and retirement homes. training programs. And, the Private Industry prise, and community-minded support and Through years of experience and develop- Council evolved into the Regional Workforce dedication. I would urge my colleagues to ment, Thomas and his brother have expanded Development Board five years ago. stand and join me in this special tribute, and Aristocrat Health Care into a multi-operational By administering a variety of innovative fed- in wishing them continued success in the fu- business. Stretching services throughout Cuy- eral and state job training programs, the Board ture. ahoga and Lorain County extending into Flor- has filled a need for thousands of area resi- f ida. dents and businesses. Businesses are helped Outside of the business sector Thomas by ensuring that job applicants have the train- A SALUTE TO REPRESENTATIVE Coury was a man of vision, and dedicated ing they need. Employees are helped by re- JANE HARMAN much of his time to civic and political affairs. ceiving skill training so that they are employ- Striving for our youth to succeed, Thomas able after downsizing or a layoff. Area resi- HON. SAM FARR helped many young people higher their edu- dents have been trained to work in manufac- OF CALIFORNIA cation and set endowment funds at area turing, at hotels, and to develop the skills of IN THE HOUSE OF REPRESENTATIVES Catholic Schools. In addition to helping the at-risk youth. They have assisted many fami- youth, Thomas was a leader in the community lies in making the transition to the workforce Thursday, November 12, 1998 as well. In 1995, Thomas accompanied Presi- following passage of the welfare reform bill. Mr. FARR of California. Mr. Speaker, I rise dent Clinton and Hillary Rodman Clinton on The Workforce Development Board has to pay tribute to a very unique Member of this Air Force One to Jordan for the signing of a made greater New Haven a far better place to body. Congresswoman JANE HARMAN is leav- historic Middle East peace accord. CONGRESSIONAL RECORD — Extensions of Remarks E2321 My fellow colleagues, please join me in hon- tumultuous social change. Mayor Bradley inte- Federal court. Such changes will create further oring the memory of Thomas Coury, a man grated Los Angeles' City Hall from the top difficulties for claimants seeking compensation who labored for the people and gave to his down and in so doing he inspired courage and under more stringent Federal laws, while pro- community all that he had to offer. success throughout the nation's Black commu- tecting the willful and reckless practices of Mr. Coury is survived by his wife, Theresa; nity. these companies. a son, Thomas J.; daughters, Teri Strimpel Those who knew Mayor Bradley, knew him In addition, this bill would hinder class ac- and Tracy A. Ade; six grandchildren; three as a soft-spoken man who came from humble tion claims against the gun manufacturing in- brothers and two sisters. origins, a share cropper's son who was so dustry, since Federal courts are not likely to f dedicated to public service he rose to become apply the forum State's laws with regard to the a world class leader. Tom Bradley spent his plaintiff's claims. Finally, this measure would HONORING EDWARD ALEXANDER life crossing racial barriers and fighting racism. further limit the already restricted abilities of BOUCHET FOR OUTSTANDING He made many remarkable contributions to ERISA-insured patients to seek the cost of LIFETIME ACHIEVEMENTS our nation and forever changed our society for benefits denied in a State court. Overall, this the better. Today we celebrate the legacy Tom bill allows companies to engage in careless HON. ROSA L. DeLAURO Bradley gave us. We cherish his memory. May and damaging marketing, manufacturing, and OF CONNECTICUT his spirit continue to guide us for generations service practices without regard for those who IN THE HOUSE OF REPRESENTATIVES to come. rely on their products. Mr. Speaker, this special interest legislation Thursday, November 12, 1998 f provides further protections to major corpora- Ms. DELAURO. Mr. Speaker, the Beta Tau IN OPPOSITION TO H.R. 3789, THE tions who seek to avoid being held respon- Boule Chapter of the Sigma Pi Phi Fraternity CLASS ACTION JURISDICTION sible for their reckless actions. Further, it uni- is memorializing a man whose lifetime ACT OF 1998 laterally rescinds a reasonable mechanism for achievements can only be described as inspir- State courts to resolve cases brought before ing. As a resident of New Haven, Connecticut, HON. LOUIS STOKES them, only to further overburden our Federal Edward Alexander Bouchet was both an ac- OF OHIO court system. complished physicist and educator-described IN THE HOUSE OF REPRESENTATIVES f as a consummate scholar, very knowledge- Thursday, November 12, 1998 able in all areas, yet extremely modest and a A SPECIAL TRIBUTE TO DR. person who set a wonderful example of polite- Mr. STOKES. Mr. Speaker, I rise in strong HELMUT SCHMIDT FOR HIS OUT- ness and graciousness for the community. opposition to H.R. 3789, the Class Action Ju- STANDING ACHIEVEMENTS TO Born in 1852, Edward Bouchet grew to be risdiction Act of 1998. This legislation severely THE FIELD OF MEDICINE an exceptional figure in African American his- hinders the rights of individuals seeking relief tory. Bouchet's accomplishments as a leader in the form of a State class action claim. HON. PAUL E. GILLMOR in the academic achievements of African Under the current system, individuals with OF OHIO Americans are a true legacy to their heritage. similar injuries but limited resources are able IN THE HOUSE OF REPRESENTATIVES Bouchet became not only the first African to seek compensation as a certified State Thursday, November 12, 1998 American to obtain a doctorate in any dis- class action. Beneficiaries of the current sys- cipline, but one of the first six to be honored tem include injured individuals that are seek- Mr. GILLMOR. Mr. Speaker, it is with great with a Doctorate in Physics in the Western ing relief under State consumer protection pleasure that I rise today to pay very special Hemisphere and one of the few among many laws. However, this measure seeks to remove tribute to one of Ohio's finest citizens, Dr. entitled to wear the Phi Beta Kappa Key. certified class action claims from State to Fed- Helmut Siegfried Schmidt. The countless lives which he touched as he eral court when any member of the plaintiff Dr. Schmidt is truly an internationally recog- traveled the country, were inspired by this re- class is a citizen of a different State than the nized scholar, who has worked tirelessly in markable man. Dr. Bouchet has been de- defendant. pioneering an important aspect of medical scribed by former students as the contributing Further, it eliminates the minimal claim science. Through outstanding leadership and factor to continue and go on to greater amount currently required for a class action unwavering vision, Dr. Schmidt burgeoned the achievements in higher education. Dr. claim to be removed to Federal court. These field of sleep medicine. Bouchet's quiet, scholarly life reflects a deep provisions will only increase the difficulty of Dr. Schmidt began his medical career in devotion to teaching and good works. plaintiffs seeking relief when individual and Canada. A graduate with a Doctor of Medicine Returning to New Haven in 1916, Dr. widespread harm has been inflicted. degree from the University of Toronto, he Bouchet was laid to rest in his place of birth Whether the issue involves excessive completed his one-year rotating internship at two years later. Today, I am honored to join amounts of judicial vacancies on the Federal the Toronto East General Hospital in Toronto, with Paul McCraven and the Beta Tau Boule bench, or the lack of judgeships within the Ontario. A few short years later, Dr. Schmidt Chapter of the Sigma Pi Phi Fraternity, and system, the removal of State class action extended his studies to the Buckeye State by the many sponsors, as they commemorate the claims to the Federal court system will create completing his residency training at the Ohio outstanding lifetime achievements of Doctor an enormous caseload burden. Further, it is State University Hospitals. Edward Alexander Bouchet with the unveiling becoming more costly and time consuming for Mr. Speaker, not long after coming to Ohio of a new burial monument. His lifelong dedica- individuals seeking class action certification in and completing his formal medical training, Dr. tion to education and his contributions to Afri- Federal court under rule 23 of the Federal Schmidt became a naturalized United States can-American history set in stoneÐa legacy Rules of Civil Procedure. This combination is citizen. Upon taking his oath of citizenship in never to be forgotten. an affront to the basic rights of individuals the early 1970's, he began a long and deco- f seeking compensation in cases where the rated service career in the United States Army public's health and safety have been com- Reserve achieving the rank of Colonel, and TOM BRADLEY TRIBUTE promised. commanding several Hospital and Medical Without regard for individuals subjected to Units during his illustrious twenty-two year ca- HON. WILLIAM (BILL) CLAY careless and reckless health and safety viola- reer. He is truly a great American patriot. OF MISSOURI tions, this measure provides significant protec- Dr. Schmidt's crowing achievements have IN THE HOUSE OF REPRESENTATIVES tions and benefits to corporate America. As been in the area of sleep medicine. In recent the 105th Congress debates proposals regard- years, Dr. Schmidt has founded the Ohio Thursday, November 12, 1998 ing health care, and environmental and con- Sleep Medicine Institute, the Sleep Medicine Mr. CLAY. Mr. Speaker, I rise today to add sumer protections, H.R. 3789 will usurp the Research Foundation, and Sleep Medicine my voice in tribute to the former mayor of the rights of individuals to seek relief through International. He was the first president of the City of Los Angeles, and a friend, the late class action claims in States which provide American Board of Sleep Medicine, and honorable Tom Bradley. Mayor Bradley was a stronger protections than currently provided chaired the Ohio Psychiatric Association Task trailblazer and a leader among leaders. His- under Federal law. Force on Sleep Medicine. Dr. Schmidt was tory will record that Tom Bradley was the first For example, enactment of this bill into law awarded the Nathaniel Kleitmen Distinguished Black mayor of Los Angeles. He led that city would provide a vehicle for removal of class Service AwardÐthe highest award given in through two decades that were often filled with action cases against the tobacco industry to North America in the field of Sleep Disorders E2322 CONGRESSIONAL RECORD — Extensions of Remarks November 12, 1998 Medicine. To recognize his remarkable con- birth of the Honorable Philip Pastore, a life- IN MEMORY OF CAROLINE tributions, the American Board of Sleep Medi- long New Haven resident who has served DREWES cine has named its highest honor the Helmut both the city of New Haven and the State of S. Schmidt Award. Connecticut with distinction throughout his law HON. SAM FARR Mr. Speaker, without question, Dr. Helmut career. OF CALIFORNIA Schmidt has helped lead the way to new, in- IN THE HOUSE OF REPRESENTATIVES novative discoveries in medicine, and has es- Judge Pastore has dedicated his life to tablished himself as a world-renowned leader making our justice system work. In both his Thursday, November 12, 1998 in tracking and treating sleep-related dis- personal and professional life, he has earned Mr. FARR of California. Mr. Speaker, I rise orders. He is a credit to medicine, a trend-set- a reputation for his fairness, integrity, and to join the country in mourning the passing of ter in sleep medicine, a valued asset to the commitment to upholding and respecting the Caroline Drewes, an articulate interpreter of state of Ohio, and a true Buckeye. law. These qualities are demonstrated in the our times. Mr. Speaker, I would urge my colleagues to many judicial cases he has tried, presided Caroline was born in 1917, a fourth genera- stand and join me in this special tribute to Dr. over, and rendered judgments on for more tion San Franciscan, to Olga and Horace Clif- Helmut Schmidt, a great physician, a great than half a century. Judge Pastore retired only ton. Her mother was President of the San Ohioan, and a great American. For his exem- 3 years ago, leaving a legacy which included Francisco Opera, who endowed her daughter plary service to medicine and to his country, positions as a Democratic state representative with an appreciation for music and the grand we salute Dr. Helmut Siegfried Schmidt. and Superior Court judge. style. Caroline graduated from Miss Burke's f School and attended University of California, It is fascinating to listen to Judge Pastore's Berkeley. At the age of nineteen, after the FAREWELL TO JANE HARMAN stories of the century of history he witnessed, death of her father, she was hired by the San along with the remarkable changes and tre- Francisco Call, becoming one of the first HON. MATTHEW G. MARTINEZ mendous progress to the judicial system. Al- women in the area to cover hard news. Caro- OF CALIFORNIA though he no longer practices professionally, line loved to learn about people, and then IN THE HOUSE OF REPRESENTATIVES he continues to keep up-to-date on current communicate the story with vivid descriptions case law, and his wife still reads the Connecti- that reflected her wide range of interests. Thursday, November 12, 1998 cut Law Journal to him. Many seek his advice, Caroline married Robert Drewes in 1940, Mr. MARTINEZ. Mr. Speaker, I rise to say knowing his counsel is offered with wisdom, and they lived for a time in Washington, D.C. farewell to Representative JANE HARMAN, an justice, and compassion. Plaques cover the where her three children were born. When outstanding Member of the California congres- walls of his home to honor the services he has they returned to San Francisco in 1947 with sional delegation and of this House, who is donated to the community. Indeed, his long their children, Robert, Stephen and Erica, leaving public service at the end of this Con- career has left an indelible mark on the resi- Caroline was welcomed back to the Call. A gress. While a relative junior Member of this dents of Connecticut, and especially his close working mother, she wrote a society column institution, she has been one of this body's friends from the Wooster Street neighborhood. from home when her children were young, and most thoughtful Members. It is difficult to find someone whose commit- devoted herself to community causes as well. Since joining the House in 1993, Congress- ment to excellence equals his own. Caroline also indulged her sophisticated woman HARMAN has fought tirelessly for a tastes, attending performances, hosting musi- smarter and stronger defense. She success- I join with his wife, Margaret, his children, cales, and entertaining friends. fully fought to keep critically important military grandchildren, and great grandchildren to Caroline's loving husband, Superior Court bases in California off the base closure list. honor Philip Pastore on his 100th birthday. Judge Robert Drewes, died in 1987. Asked by She fought to fully fund the C±17 cargo plane Best wishes for continued fulfillment and hap- a friend how she coped in low moments, and secured funding for the F/A±18 fighter piness. Happy Birthday! Caroline replied that she put on her best plane. As a respected member of the National dress. She also became an intrepid traveler, Security Committee, JANE HARMAN has sup- f and of course, wrote of her travels. Her talent ported innovative defense conversion, rein- for writing was complimented by her breadth vestment, and transition programs that have FAREWELL TO REPRESENTATIVE of mind. had a positive effect on the lives of tens of JANE HARMAN Caroline's warmth towards others was made thousands of defense workers. more enchanting by her elegant style and joie Representative HARMAN has also been a de vivre. Her friends, saddened by her loss, champion of women's issues during her con- HON. NANCY PELOSI use words like `èxquisite,'' ``classic,'' ``true so- gressional tenure. She has been a leader in OF CALIFORNIA phisticate.'' San Francisco chronicler Herb fighting to preserve a woman's right to Caen named Caroline to the top 10 people in choose. Year after year she has come to the IN THE HOUSE OF REPRESENTATIVES the City with good vibes. I join the loving fam- well of the House and spoken eloquently and Thursday, November 12, 1998 ily and wide circle of friends of Caroline forcefully on behalf of women's rights here at Drewes in expressing how much we feel her home and abroad. Representative HARMAN Ms. PELOSI. Mr. Speaker, it saddens me to absence. However, everyone who ever knew played key roles in the congressional inves- say goodbye to my dear friend and colleague, her, carries warm memories of her lovely pres- tigations of sexual misconduct in the military, JANE HARMAN, who in three terms in office has ence. on the question of women in combat, and on distinguished herself in the House of Rep- f the critical issue of access to abortion for mili- resentatives. Jane is leaving office at the end tary women and their dependents. HONORING THE VOCAL GROUP of the 105th Congress and her thoughtful ap- Congresswoman HARMAN has been a great HALL OF FAME credit to her district, to California, to our Na- proach to legislation and her fighting spirit will tion and to the House of Representatives. Mr. be sorely missed. HON. DENNIS J. KUCINICH Speaker, JANE HARMAN will be sorely missed Many of my colleagues, and especially OF OHIO in the 106th Congress. those of us in the California delegation, know IN THE HOUSE OF REPRESENTATIVES f of her tenacity and commitment to the key Wednesday, October 21, 1998 issues that support America's families. This HONORING JUDGE PHILIP fighting spirit has been an inspiration to us all Mr. KUCINICH. Mr. Speaker, I rise to honor PASTORE ON HIS 100TH BIRTHDAY whether it was in debates over smaller classes the Vocal Group Hall of Fame & Museum on for our children, economic opportunity for all, their inaugural induction of the first class of HON. ROSA L. DeLAURO or a woman's right to choose. vocal ensembles. They are a diverse group of OF CONNECTICUT performers that have enriched our lives with JANE HARMAN, thank you for being in the IN THE HOUSE OF REPRESENTATIVES their influential music and unmistakable talent. trenches; thank you for your leadership; thank Opening its doors in May 1998, the Vocal Thursday, November 12, 1998 you for making this House a better place be- Group Hall of Fame & Museum was presented Ms. DELAURO. Mr. Speaker, I rise to call to cause of your commitment to the people of as a multimillion dollar facility, featuring exhib- your attention the 100th anniversary of the this great nation. its and memorabilia of many of the best- CONGRESSIONAL RECORD — Extensions of Remarks E2323 known-close-harmony ensembles in music his- Senator SPENCER ABRAHAM) contained no important to supplement the existing legislative tory. It also includes historical exhibits tracing comparable provisions. history (such as H. Rep. No. 105±657) with the history of American vocal harmony from its With the assistance and support of the lead- the present document. What follows is an ex- roots in the Nineteenth Century and the his- ership of the House and Senate along with planatory statement as to some of the provi- tory of musical recording technology, as well House and Senate Judiciary Committee Chair- sions of the Act. as an operating radio station for remote broad- men HENRY HYDE and ORRIN HATCH, Senator Let me start off by saying that when inter- casters by guest stations. ABRAHAM and I drafted a workable com- preting the statutory language, each provision With the help of Goldmine Magazine, the promise between the two bills. We then should be read in the light most protective of Vocal Group Hall of Fame elected a dynamic agreed to further changes after negotiations American workers. This was, in my view, the class of inductees this year. The initial class with the White House in order to gain Adminis- intent of the House of Representatives and the includes: the Ames Brothers, The Andrews tration support. H.R. 3736 was brought to the way in which the body would want the Sec- Sisters, The Beach Boys, Crosby, Stills, and House floor on September 24, 1998. The base retary of Labor, the Attorney General, and the Nash, the Drifters, the Manhattan Transfer, the text was the compromise worked out with Commissioner of the Immigration and Natu- Platters, and the legendary Supremes. These Senator ABRAHAM along with as many of the ralization Service to interpret the language. On groups graced us with their catchy melodies acceptable changes requested by the White September 24, 1998, the House passed H.R. and unforgettable songs that have stood the House as could be drafted in time. The bill 3736. As consistent with the compromise test of time. passed by a vote of 288±133. Language was agreement I had helped negotiate, I supported But the Vocal Group Hall of Fame also real- then drafted to make the bill fully consistent the bill and opposed the Democratic substitute ized the importance of the groups that influ- with the agreement with the White House. A offered by Representative WATT. However, it enced this class of inductees by giving them bill encompassing this latter language was in- should be remembered that a majority of the the Pioneers of Musical Style Award. This cluded in H.R. 4328, as enacted, which makes members of the House that day either voted in award was given to groups prior to 1940 who omnibus consolidated and emergency supple- favor of the Watt amendment or against H.R. contributed to the foundations of American mental appropriations for fiscal year 1999. 3736 on final passage (or both). vocal harmony and substantially influenced The final bill, entitled the American Competi- The Watt amendment contained the height- other artists. This year, they included: the Bos- tiveness and Workforce Improvement Act of ened protections for American workers con- well Sisters, The Five Blind Boys of Mis- 1998, is a negotiated agreement. That is the tained in H.R. 3736 as passed by the Judici- sissippi, the Golden Gate Quartet, the Mills nature of any legislative process. What is im- ary Committee. It is clear that the membersÐ Brothers, the Ravens, and the Sonny Til and portant is that we have come up with a bill constituting a majority of the HouseÐwho the Orioles. that both responds to the needs of American voted for the Watt amendment or against final My fellow colleagues, please join me in con- industry and adds protections for American passage were very concerned about the im- gratulating these music groups for their induc- workers. pact of a large-scale increase in the H±1B tion in the Vocal Group Hall of Fame & Mu- Under the American Competitiveness and quota on American workers in the impacted seum. This institution has made it possible for Workforce Improvement Act, the H±1B quota professional fields. Many of the members who us to honor and preserve the pioneers that will be set at 115,000 in 1999 and 2000, and voted against the Watt amendment and in have influenced the music we know today. 107,500 in 2001. Then the quota will return to favor of H.R. 3736 on final passage were also f 65,000 (at which time the attestations will sun- concerned about American workers and only set). voted as they did because they understood AMERICAN COMPETITIVENESS The employers most prone to abusing the that the worker protections in the final com- AND WORKFORCE IMPROVEMENT H±1B program are called ``job contractors'' or promise would be reasonably interpreted and ACT ``job shops''. Much, or all, of their workforces vigorously enforced. Thus, a large majority of are composed of foreign workers on H±1B the House of Representatives would want HON. LAMAR S. SMITH visas. Many of these companies make no pre- H.R. 3736 read in the light most protective of OF TEXAS tense of looking for American workers and are American workers. IN THE HOUSE OF REPRESENTATIVES in business to contract their H±1Bs out to Finally, the following legislative history ends other companies. The companies to which the after section 413 of the bill. The remaining Thursday, November 12, 1998 H±1Bs are contracted benefit in that the provisions were deemed self-explanatory, and Mr. SMITH of Texas. Mr. Speaker, The H± wages paid to the foreign workers are often thus, not in need of further explanation. 1B visa bills passed by the Senate and by the well below what comparable Americans would THE AMERICAN COMPETITIVENESS AND House Judiciary Committee both proposed to receive. Also, the companies don't have to WORKFORCE IMPROVEMENT ACT OF 1998 increase the quota of H±1B temporary visas shoulder the obligations of being the legally SECTION 401. SHORT TITLE; TABLE OF CONTENTS; for foreign professional workers. Both bills re- recognized employersÐthe job contractors/ AMENDMENTS TO IMMIGRATION AND NATION- sponded to the fact that demand has exceed- shops remain the official employers. ALITY ACT ed the annual quota of 65,000 in each of the Under the American Competitiveness and This section specifies the short title, the past two fiscal years. The reason for this in- Workforce Improvement Act, the no-lay off/ ‘‘American Competitiveness and Workforce creased demand is thought to be a shortage non-displacement and recruitment attestations Improvement Act of 1998,’’ the table of con- in America's information technology workforce. will apply principally to job contractors/shops, tents for the legislation, and the rule that, While evidence for this shortage is inconclu- defined in the bill (for larger companies) as unless otherwise specified, the legislation sive, it was my belief that we should give the those employers 15% or more of whose amends the Immigration and Nationality Act. industry the benefit of the doubt and grant the workforces are composed of H±1B workers. Subtitle A—Provisions Relating to H–1B additional visas. These businesses, designated as ``H±1B-de- Nonimmigrants The Senate and House Judiciary Committee pendent'', will be subject to the attestations in Subtitle A contains the changes the legis- bills did have large differences. The Judiciary those instances where they petition for H±1Bs lation is making to current law regarding H– Committee bill (H.R. 3736, which I introduced without masters degrees in high technology 1B visas. in my capacity as chairman of the Subcommit- fields or where they plan to pay the H±1Bs SECTION 411. TEMPORARY INCREASE IN ACCESS tee on Immigration and Claims) required that less than $60,000 a year. Thus, the attesta- TO TEMPORARY SKILLED PERSONNEL UNDER employers comply with two new attestations tions are being targeted to hit the companies H–1B PROGRAM when petitioning for H±1B workers. Employers most likely to abuse the systemÐjob contrac- This section specifies the new ceilings for would have had to promise not to lay off (dis- tors/shops who are seeking aliens without ex- these visas: 115,000 in FY 1999 and 2000, 107,500 place) American workers and replace them traordinary talents (only bachelors degrees) or in FY 2001, and 65,000 thereafter. with aliens on H±1B visas, and to recruit offering relatively low wages (below $60,000). SECTION 412. PROTECTION AGAINST DISPLACE- American workers before petitioning for foreign Other employers, who use a relatively small MENT OF UNITED STATES WORKERS IN CASE OF workers. I felt that these protections for Amer- number of H±1Bs, will not have to comply with H–1B–DEPENDENT EMPLOYERS ican workers were necessary because of the the new attestations unless they have been This section provides for three new obliga- large number of documented abuses of the H± tions that covered employers must attest to found to have willfully violated the rules of the prior to sponsoring temporary foreign work- 1B programÐinstances of companies actually H±1B program. ers who either do not have a master’s degree laying off Americans to be replaced by H±1Bs Since a Conference Committee Report was or who are paid less than $60,000 annually. and companies recruiting workers exclusively never prepared for the American Competitive- Subsection 412(a) amends section 212(n)(1) from overseas. The Senate bill (introduced by ness and Workforce Improvement Act, I felt it of the Immigration and Nationality Act to E2324 CONGRESSIONAL RECORD — Extensions of Remarks November 12, 1998 add three new attestations, and provisions It should also be noted that under new performed by an H–1B worker. That is one of relating to these attestations, that must be paragraph (E)(i), displacement is prohibited the reasons why subsection 412(a)(2) of the included on H–1B applications filed by cer- only if it occurs within 90 days before or legislation requires that the employer be no- tain employers on behalf of certain H–1B after the employer files an H–1B petition tified through a clear statement on the labor nonimmigrants. Subsection 412(b) contains supported by the application. Congress de- condition application (LCA) regarding the definitions relating to the new requirements. cided that 180 days around the filing of such scope of a covered employer’s liability with Given the close nexus between these two sub- petition is the period of time during which respect to a lay off by a secondary employer. sections, they are discussed here together, so such displacement would be most likely to Through the LCA form, the Department of as to allow the discussion of the substantive occur as a practical matter. Labor will make clear to covered employers provisions to be illuminated by the discus- The definition of ‘‘lays off’’ set out in new their obligation to exercise due diligence in sion of the definitions. subparagraph (4)(D) of 212(n) (added by sec- ascertaining whether the placement of H–1B 1. The ‘‘no-lay off/non-displacement’’ attes- tion 412(b) of this legislation), while exclud- nonimmigrants may correspond with the lay tation. Subsection (a)(1) first adds a new at- ing the expiration of a temporary employ- off or displacement of American workers in testation by amending section 212(n)(1) of ment contract from the definition, clarifies similar jobs. Some of the most egregious the Immigration and Nationality Act to add that the expiration of such a contract will be cases involving the abuse of the H–1B visa a new subparagraph (E)(i). This provision retreated as a lay off if an employer enters program have involved American workers quires a covered employer to attest that its into such a contract with the specific intent being retained only long enough to train hiring of an H–1B worker is not displacing an of evading the anti-displacement attesta- their H–1B replacements under contract with American (United States) workers. The term tions contained in new paragraphs (E) and a different employer. A covered employer ‘‘displace’’ is defined in new subparagraph (F) of subsection 212(n)(1). making this attestation must exercise due (4)(B) of section 212(n), added by section Finally, the legislation expressly states diligence in meeting its responsibilities re- 412(b) of this legislation. That paragraph that its definition of ‘‘lay off’’ is not in- garding the secondary employer. states that an employer ‘‘displaces’’ an tended to supersede the rights which employ- However, as discussed later, the attesting American worker in hiring an H–1B worker if ees may have under collective bargaining employer will still be subject to a penalty if it lays off an American worker with substan- agreements or other employment contracts; the ‘‘other’’ employer has engaged in or does tially equivalent qualifications and experi- private rights under such contracts are pre- engage in a prohibited lay off/displacement ence whose job has ‘‘essentially the same reserved for the American worker to pursue even if the attesting employer has made a sponsibilities’’ (although it is not necessarily through appropriate channels. However, the reasonable inquiry of the other employer and the same job the H–1B worker is being hired preservation of such contractual rights is had reasonably concluded that the lay/off displacement has not taken place and will to do) and is located in the same area of em- not intended by Congress to negate the pro- not take place. That is the other reason why ployment. tections or remedies available to that work- It is the intent of the Congress through er under this or any other Act. Thus, in subsection 412(a)(2) of the legislation re- this provision to prevent covered employers those circumstances where Department of quires that the employer be notified through a clear statement on the labor condition ap- from replacing or displacing American work- Labor has jurisdiction, those remedies, in ad- plication (LCA) regarding the scope of a cov- ers with H–1B nonimmigrants. The legisla- dition to the private rights of employees ered employer’s liability with respect to a tion clearly states that an ‘‘employer is con- under collective bargaining or other employ- lay off by a secondary employer. sidered to ‘displace’ a United States worker ment contracts, are to continue to be avail- 3. The ‘‘recruitment’’ attestation. The last from a job if the employer lays off the workable. Congress anticipates that, in reviewing new required LCA statement added by sec- er from a job that is essentially the equiva- complaints and other credible information, tion 412(a) is a ‘‘recruitment’’ attestation, lent of the job for which the nonimmigrant the Department should look carefully at any set out in new subparagraph (G) of section or nonimmigrants is or are sought.’’ By de- evidence of lay offs, including those which 212(n)(1). It requires a covered employer to fining displacement in such a way, Congress may have implications for collective bar- attest that it has taken good faith steps to makes clear that the prohibition is directed gaining or other employment contracts. recruit American workers for the job for to circumstances in which a covered em- The legislation specifies that an American which it is seeking the H–1B worker, and has ployer hires H–1B workers with similar worker who is offered a ‘‘similar employ- offered the job to any equally or better qualifications to those of laid off American ment opportunity’’ as an alternative to loss qualified American worker. Congress intends workers in similar jobs. of employment has not been ‘‘laid off’’ for for an employer to at least use industry-wide This language should not be interpreted as purposes of this provision. The intent of Con- recruiting practices (unless the employer’s prohibiting and preventing only a on-for-one gress is that the ‘‘similar employment oppor- own recruitment practices are more success- replacement of a particular laid off Amer- tunity with the same employer at equivalent ful in attracting American workers), and, in ican worker; such an interpretation would be or higher compensation and benefits’’ would particular, to use those recruitment strate- an overly rigid reading and a be a meaningful offer. It is Congress’ intent gies by which employers in an industry have mischaracterization of Congressional intent. that an employer should not be able to evade successfully recruited American workers. The focus of the provision is on the place- liability for a violation of the displacement The Department of Labor, in defining and de- ment of H–1B workers in the kinds of jobs attestation by making an offer of an alter- termining whether certain recruitment prac- previously held by American workers. If an native employment opportunity without tices meet the statutory requirements, American worker was laid off from a job and considerations such as relocation expenses should consider the views of major industry the employer then hires an alien (on an H–1B and cost of living differentials if the alter- associations, employee organizations, and visa) with sufficiently similar skills and ex- native position was in a different geographi- other interest groups. perience to perform a sufficiently similar cal location. Section 412(a)(3) of this legislation adds job, a prohibited displacement has taken 2. The ‘‘secondary non-displacement’’ at- language at the end of section 212(n)(1), stat- place. This is a violation of the attestation testation. In addition to a covered employ- ing that the recruitment attestation is not regardless of whether the replacement was er’s attestation that it has not displaced an to be construed to preclude an employer intentional or unintentional, or whether it American worker, the legislation prohibits a from making employment decisions based was done in bad faith or not. covered employer in certain circumstances upon ‘‘legitimate selection criteria relevant A covered employer, of course, is prohib- fro placing an H–1B nonimmigrant with an- to the job that are normal or customary to ited from concealing a lay off/displacement other employer where the ‘‘other’’ employer the type of job involved, so long as such cri- making a modest or cosmetic change in job has or will displace an American worker. teria are not applies in a discriminatory duties and responsibilities. The covered em- Therefore, Section 412(a) adds a ‘‘secondary manner.’’ The employer’s recruitment and ployer, is also prohibited by concealing a non-displacement’’ attestation by amending selection criteria therefore must be relevant layoff/displacement by some other subter- section 212(n)(1) of the Immigration and Na- to the job (not merely preferred by the em- fuge or pretense. This point is made clear by tionality Act to include a new subparagraph ployer), must be normal and customary (in Congress’ stipulation that the expiration of a (F), requiring a covered employer to attest the relevant industry) for that type of job, temporary employment contract will be to not placing an H–1B employee with an- and must be applied in a non-discriminatory treated as a lay off (as discussed below) if an other employer (at another employer’s work- manner. Just because an employer in good employer enters into such a contract with site) without having inquired as to, and hav- faith believes that its selection criteria meet the intent of evading the anti-displacement ing no knowledge of, any such displacement such standards does not necessarily mean attestations contained in new paragraphs (E) or intention to displace by the other em- that they in fact do. Any criteria that would, and (F) of subsection 212(n)(1). ployer before and after the date of place- in itself, violate U.S. law can clearly not be For similar reasons, the geographical ment. applied, including criteria based on race, sex, reach of the prohibitions is extended so as to In enacting this provision, Congress in- age, or national origin. The employer cannot include work sites within normal commuting tends that the employer make a reasonable impose spurious hiring criteria that dis- distance of the work site where the H–1B inquiry and give due regard to available in- criminate against American applicants in worker is or is to be employed. This provi- formation. Simply making a pro forma in- favor of H–1Bs, thereby subverting employer sion is intended to cover the possibility of an quiry would not insulate a covered employer obligations to hire an equally or better employer trying to evade this prohibition by from liability should be ‘‘other’’ employer qualified American worker. displacing an American worker with an H–1B displace an American worker form a job suf- Any ‘‘good faith’’ recruitment effort, as re- worker assigned to a nearby work site. ficiently similar to the one which would be quired by this legislation, must include fair, CONGRESSIONAL RECORD — Extensions of Remarks E2325 adequate and equal consideration of all any amount of work experience can be sub- 212(n)(2)(C) sets out the new increased pen- American applicants. The Act requires that stituted for such a degree. It is also impor- alties for willful failures to meet any condi- the job must be offered to any American ap- tant to note that the degree must be in a tion in paragraph (1), willful misrepresenta- plicant equally or better qualified than a specialty which has a legitimate, commonly tions of material fact, or violations of new nonimmigrant. Congress recognizes that accepted connection to the employment for clause (iv) prohibiting retaliation against ‘‘good faith’’ recruitment does not end upon which the H–1B nonimmigrant is to be hired. whistle blowers. These penalties consist of receipt of applications, but rather must in- Exempt H–1B nonimmigrants are entirely administrative remedies including a $5000 clude the treatment of the applicants. In excluded from the computation by which civil fine per violation, and (at least) a two evaluating this treatment, the Department their employer’s H–1B dependency is to be year debarment. should consider the process and criteria for determined under new paragraph (3)(C) (also New clause (iii) of section 212(n)(2)(C) sets screening applicants, as well as the steps added by section 412(b) of this legislation) for out a further enhanced penalty for willful taken to recruit for the position and obtain the first six months after enactment of this failures to meet a condition of paragraph (1) those applicants. It is Congress’s intent that Act, or until promulgation of final regula- or willful misrepresentation of material fact employers be able to demonstrate that they tions, whichever is longer. However, once in the course of which violation the em- have recruited in ‘‘good faith’’ by maintain- this transition period ends, they are included ployer displaces an American worker within ing a fair and level playing field for all appli- in the calculation of whether an employer is 90 days before or after the date of the filing cants and by not skewing their recruitment H–1B dependent. of a visa petition. This penalty consists of process against American workers. Employ- Subsection 412(c) modifies subparagraph administrative remedies including a $35,000 ers who consistently fail to find American (1)(C)(ii) to authorize employers to post their civil fine per violation, and (at least) a three workers to fill positions should receive the required notices electronically. This provi- year debarment. Congress intends that this Department’s special attention in this con- sion is intended to allow employers a choice new penalty will assure that there are ade- text of ‘‘good faith’’ recruitment. of methods for informing employees of the quate sanctions for (and hence adequate de- In the Act, the Attorney General is sepa- intended employment of H–1B non- terrence against) any willful violation of the rately charged with the adjudication of immigrants. An employer may either post a existing wage-payment requirements in the claims by American workers who believe physical notice in the traditional manner, or course of which an employer ‘‘displaces’’ an that they were ‘‘equally or better qualified’’ may electronically notify employees of the American worker with an H–1B worker. than H–1B workers who were hired. identical information. By providing this It is important to note that in clauses (i), 4. Employers and H–1B workers covered by flexibility, Congress intended to improve the (ii), and (iii), authorizing the Secretary to the new statements. Section 412(a) of this effectiveness of posting in the protection of impose ‘‘administrative remedies * * * as legislation adds a new subparagraph (E)(ii) American workers. Therefore, the electronic [she] determines to be appropriate,’’ Con- to section 212(n)(1) which specifies which em- notification must actually be transmitted to gress intends that such remedies will include ployers are subject to the new attestation re- the employees, not merely be made available ‘‘make-whole’’ relief for affected American quirements. There are two categories of cov- through electronic means such as inclusion workers (such as, in appropriate cir- ered employers: (1) ‘‘H–1B-dependent’’ em- on an electronic bulletin board. cumstances, monetary compensation to the ployers and (2) employers who, after enact- Subsection 412(d) makes the new attesta- American worker or reinstatement to the job ment of the Act, have been found to have tion requirements effective on the date of from which the American worker was dis- committed a willful failure to meet a condi- the Secretary’s issuance of final regulations missed or placement in the job to which the tion set out in section 212(n)(1) or a willful to carry them out, and the other provisions American worker should have been hired). misrepresentation of material fact on an of the Act effective upon enactment. Sub- New clause (iv) essentially codifies current LCA. These two categories encompass those section 412(e) allows the Secretary of Labor Department of Labor regulations concerning employers most likely to abuse the H–1B and the Attorney General to reduce the pe- whistle blowers in the H–1B program. This program. riod for public comment on proposed regula- statutory provision is included not in order The first category, ‘‘H–1B-dependent em- tions to no less than 30 days so that the nec- to change current standards concerning ployers,’’ is defined in new paragraph (3)(A) essary regulations may be promulgated in a whistle blowers, but to provide an of section 212(n), added by section 412(b) of timely manner. unarguable statutory basis for the existing this legislation. Under that definition, an regulations. New clause (v) is intended to employer is H–1B-dependent if it has 51 or SECTION 413. CHANGES IN ENFORCEMENT AND complement clause (iv) by directing the Sec- more full-time equivalent employees, 15% or PENALTIES retary of Labor and the Attorney General to more of whom are H–1B workers. Employers This section specifies the penalty structure devise a process to make it easy for someone with 25 or fewer full-time equivalent employ- for failures (both willful and nonwillful) to who has filed a complaint under clause (iv) ees are H–1B-dependent if they have more meet the new labor condition attestations to seek a new job in the U.S. It is con- than 7 H–1B employees, and employers with added by section 412 (as well failures to meet templated that this process would be expedi- between 26 and 50 full-time equivalent em- the pre-existing attestations or the mis- tious and easy to use, so that the employee ployees are H–1B-dependent if they have representation of a material fact in an appli- does not need to wait for a new employer to more than 12 H–1B employees. cation). A special penalty is imposed for a obtain approval for a new petition in order The second category of covered employers willful violation in the course of which an to change jobs in these circumstances. is those who have been found to have com- employer displaces an American worker. The New clause (vi) prohibits employers from mitted a willful failure or a willful misrepre- provision clarifies that certain kinds of em- obtaining payments of money from H–1B sentation under section 212(n)(2)(C) or ployer conduct constitute a violation of the workers in specified circumstances. Sub- 212(n)(5). These employers are subject to the prevailing wage attestation, and that other clause (I) prohibits employers from requiring new attestation elements for five years after kinds of employer conduct are also prohib- H–1B workers to pay a penalty for leaving an the finding of violation. Of course, in order ited in the H–1B program. Finally, the provi- employer’s employ before a date agreed to to trigger the coverage of these elements, sion grants certain new authorities to the between the employer and the worker. It di- the finding of willful violation must have Secretary of Labor and establishes a special rects that the Secretary is to determine been made in a manner consistent with the enforcement mechanism administered by the whether a payment is a prohibited ‘‘penalty’’ procedural requirements in the Act, includ- Attorney General to address alleged viola- or a permissible ‘‘liquidated damages’’ clause ing the 12-month statute of limitations on tions of the selection portion of the recruit- under relevant State law. This provision was the investigation of complaints or other in- ment attestation. added because of numerous cases that have formation (section 212(n)(2)(A); 212(n)(2)(G); Subsection 413(a) revises the penalty struc- come to light where visa holders or their 212(n)(5)). ture set out in subparagraph 212(n)(2)(C) of families were required to make large pay- Under new subparagraph (E)(ii) of 212(n)(1), the Immigration and Nationality Act. In ments to employers because the worker se- employers required to include the new state- that subparagraph as amended, clause (i) cured other employment. The Secretary may ments on their applications are excused from specifies the penalties for a failure to meet a impose a penalty of $1,000 and require that doing so on applications that are filed only condition of subparagraph (1)(B) (strike or the employer refund the payment to the on behalf of ‘‘exempt’’ H–1B nonimmigrants. lockout) or a substantial failure to meet a worker (or to the Treasury if the worker can An ‘‘exempt’’ H–1B nonimmigrant is defined condition of subparagraph (1)(C) (posting) or not be located) under new subclause (vi)(III). in new paragraph (3)(B) of section 212(n) as (1)(D) (contents of application), or a mis- New subclause (vi)(II) prohibits employers one whose annual wages, including cash bo- representation of material fact. These pen- from accepting reimbursement from H–1B nuses and other similar compensation, will alties remain as they were under the prior workers for the filing fees imposed under be equal to at least $60,000 (and will remain law: administrative remedies including a new section 214(c)(9) of the INA. Congress in- at such level for the duration of his or her $1000 fine per violation, and (at least) a one- cluded this prohibition to make it very clear employment while under an H–1B visa) or year debarment. The clause is expanded to that these fees are to be borne by the em- who has a master’s or higher degree (or its make these penalties also apply to a failure ployer, not passed on to the workers. If the equivalent) in a specialty related to the in- to meet a condition of new subparagraphs Secretary determines that the worker has tended employment. It is important to note (1)(E) or (1)(F) (non-displacement) and to a reimbursed or otherwise compensated the that the term ‘‘or its equivalent’’ is intended substantial failure to meet a condition of employer for the filing fee, the Secretary to mean an equivalent degree from a foreign new subparagraph (1)(G)(i)(I) (good faith re- may impose a penalty of $1,000 and require university, and does not mean to imply that cruitment). New clause (ii) of section that the employer refund the payment to the E2326 CONGRESSIONAL RECORD — Extensions of Remarks November 12, 1998 worker (or to the Treasury if the worker can worker is first admitted to the U.S., or in obligations must be fully met in such in- not be located) under new subclause (vi)(III). the case of a nonimmigrant already in the stances. Congress intends that the ultimate New clause (vii) addresses an issue known United States and working for a different and complete responsibility for all employer colloquially as ‘‘benching,’’ which means employer, 60 days after the date the H–1B obligations under this Act, including the holding an H–1B worker after admission for worker becomes eligible to work for the new provision of benefits to the H–1B worker employment in underpaid or unpaid status. employer. Such ‘‘eligibility’’ is to be under- equal to those offered the employer’s Amer- An extreme example of ‘‘benching’’ occurs stood to mean the completion of the visa ican workers based in the U.S., lies with the where an employer brings an H–1B worker to process, and not other formalities, such as American (United States) employer who the U.S. on the promise of a certain wage, obtaining a license or permit. brings nonimmigrant workers into the coun- but then pays the worker only a fraction of Subclause (V) is intended to make clear try. Ultimately, it is the American em- that wage or no wage at all because the em- that a school or other educational institu- ployer, not the foreign subsidiary, pledging a ployer does not have enough work for the H– tion that customarily pays employees an an- benefit package similar to that of its Amer- 1B worker. While the full extent of this prac- nual salary in disbursements over fewer than ican workers. Congress would expect the Sec- tice is not known, ‘‘benching’’ is a frequent 12 months may pay an H–1B worker in the retary to look with particular care at cir- cause of wage violations found in Depart- same manner without violating clause (vii), cumstances involving a foreign subsidiary ment of Labor investigations. This is a very provided that the H–1B worker agrees to this where there is an appearance of contrivance serious situation. H–1B nonimmigrants are payment schedule in advance. Congress spe- to avoid the obligation to provide equal only allowed to be employed by the petition- cifically limited this exemption to schools wages and benefits to H–1B and American ing employer and admitted to the U.S. on and educational institutions in recognition workers. the basis of an employer’s claim of an urgent of their unique salary patterns. Section 413(b) adds a new paragraph (5) at need for the worker. Therefore, ‘‘benching’’ The intent of the ‘‘benching’’ provision is the end of 212(n) that sets out the exclusive both reflects a less than honest claim and to prevent the exploitation of H–1B workers. remedial mechanism for violations of the se- often results in foreign workers being in this It is not the intent of Congress that a cir- lection portion of the recruitment attesta- country without adequate means (sometimes cumstance be created under which an em- tion set out in new paragraph without any means) of support. ployer could avoid compliance with the 212(n)(1)(G)(i)(II) or any alleged misrepresen- Subclause (I) clarifies that ‘‘benching’’ is a ‘‘benching’’ provision by laying off an Amer- tations relating to that attestation. It also violation of the employer’s obligation to pay ican worker. If an employer were to do so, contains a savings clause that states that the prevailing or actual wage. An employer’s this would trigger the enforcement and pen- the provision should not be construed to af- failure to pay wages during an H–1B worker’s alty provisions of the Act. fect the authority of the Secretary or the non-productive status, due to a decision by Clause (viii) adds an additional clarifica- Attorney General with respect to ‘‘any other the employer (based on factors such as lack tion concerning an employer’s obligations violations.’’ This savings clause means that of work for the worker) or due to the work- under the attestation on wages and working while the Secretary is not authorized to rem- er’s lack of a license or permit, is included in conditions set forth in 212(n)(1)(A). The new edy a violation of (1)(G)(i)(II) regarding an the definition of ‘‘benching.’’ It is the intent provision states that it is a violation of individual American worker, the Secretary and understanding of Congress that in such those obligations for an employer to fail to retains the broad authority to investigate circumstances the employer has an obliga- offer ‘‘benefits and eligibility for benefits’’ and take appropriate steps regarding the em- tion to provide full wages as well as the ben- to H–1B workers ‘‘on the same basis, and in ployer’s ‘‘good faith’’ recruitment efforts, in- efits package that the employer would pro- accordance with the same criteria,’’ as the cluding ‘‘good faith’’ consideration of Amer- vide to an American worker as required employer offers to American workers. The ican applicants. under clause (viii) discussed below. statement ‘‘on the same basis’’ is intended to The Congress anticipates that the Sec- Subclause (II) further clarifies that in the mean equal or equivalent treatment, not retary will exercise her enforcement discre- case of an H–1B worker designated as part- preferential treatment for any group of tion so as not to use the ‘‘good faith’’ re- time on a visa petition, an employer com- workers. Thus, if an employer offers benefits cruitment investigation as a ‘‘back door’’ mits a ‘‘benching’’ violation if it fails to pay to American workers, it must offer those way around the exclusivity or the arbitra- the H–1B worker for the full number of hours same benefits to H–1B workers. Similarly, if tion remedy set out in 212(n)(5) for a viola- and at the full rate of pay stated on the peti- an employer offers performance-based bo- tion of (1)(G)(i)(II) regarding an individual tion. Nothing in subclause (II) is intended to nuses to American workers, it must give American worker. It should also be noted preclude part-time H–1B employment, as similarly-situated H–1B workers the same that by setting up separate mechanisms, one long as that was the agreement made by the opportunity to earn such a bonus. lodged at the Department of Labor concern- employer and the H–1B worker prior to the Clause (viii)’s phrasing of the employer’s ing recruitment and one lodged at the De- submission of the visa petition. The em- duty as an obligation to provide ‘‘benefits partment of Justice concerning selection, ployer should accurately designate a worker and eligibility for benefits,’’ rather than just Congress contemplates that the separate en- as full or part-time, and the employer’s mis- one or the other, was chosen to cover two forcement mechanisms will be operated in a representation of this material fact should eventualities. On the one hand, it would not cooperative, non-duplicative manner. In this be scrutinized by the Secretary in her deter- be proper for an employer to make an H–1B context, we recognize that evidence tending mination of whether any ‘‘benching’’ viola- worker ‘‘eligible’’ for benefits on the same to establish a non-selection violation would tion has occurred or misrepresentation has basis as its American workers but then actu- be pertinent to the matter of whether the re- been made, and to pay particular attention ally provide the benefits only to American cruitment, overall, had been conducted in to whether the fringe benefits provided by workers. On the other hand, ‘‘providing’’ or ‘‘good faith.’’ Finally, Congress would expect the employer to American workers would in- delivering the benefits is required and is to that both the Attorney General and Depart- clude paid leave for such nonproductive time be done in accordance with whatever criteria ment of Labor, in promulgating their regula- (see clause (viii) regarding benefits). apply to American workers. In order to actu- tions concerning recruitment procedures and The Congress anticipates that the Sec- ally receive many kinds of benefits, employ- selection criteria, will provide clear guid- retary will look closely at circumstances ees are required to take some kind of action ance to employers, including recognition that appear to be contrived to take advan- such as to select a plan, to provide partial that employers may use job-relevant stand- tage of non-paid time. Subclause (IV) pro- payment for the benefits, to work for the ards and industry-wide recruitment prac- vides that the employer is not required to employer for a certain period of time, or to tices. pay wages where the H–1B worker’s non- perform at a high level. The receipt of other Under the enforcement scheme set up by productive status is due to non-work-related kinds of benefits may turn on other contin- paragraph (5), any person aggrieved by an al- reasons, such as the worker’s voluntary re- gencies such as, in the case of some kinds of leged violation of 212(n)(1)(G)(i)(II) or a relat- quest for leave of absence or ‘‘circumstances bonuses and stock options, the company’s ed misrepresentation and who has applied in rendering the nonimmigrant unable to year-end performance. Accordingly, the em- a reasonable manner for the job at issue may work.’’ The alleged ‘‘voluntariness’’ of the ployer’s obligation is to make H–1B workers file a complaint with the Attorney General worker’s request would, of course, be deter- ‘‘eligible’’ for the benefits and to actually within 12 months of the date of the violation mined in the context of the employment cir- provide the benefits ‘‘on the same basis, and or misrepresentation. The Attorney General cumstances. Further, this H–1B provision rein accordance with the same criteria’’ as is charged with establishing a mechanism for garding non-paid status must be consistent American workers. examination of such a complaint to deter- with any other applicable law, such as the The underlying principle for this require- mine whether it provides reasonable cause to Rehabilitation Act or the Family and Medi- ment is to protect American workers from believe that such a violation or misrepresen- cal Leave Act, which may require payment having their wages and working conditions tation has occurred. of wages in some circumstances. eroded by the presence of nonimmigrant If the Attorney General does find reason- Subclause (III) describes the manner in workers who are not being treated equally, able cause, she is charged with initiating which the provisions of subclauses (I) and (II) and being compensated in the same manner. binding arbitration proceedings by request- apply to an H–1B worker who has not yet en- There is particular concern regarding such ing the Federal Mediation and Conciliation tered into employment with an employer. In erosion in instances where a foreign affiliate Service to appoint an arbitrator from the such cases, the employer’s obligation is to of a petitioning employer is involved as the Service’s roster. The arbitrator is to be se- pay the H–1B worker the required wage be- agent for payment of wages and provision of lected in accordance with the procedures and ginning no later than 30 days after the H–1B benefits to the H–1B workers. The statutory rules of the Service. The fees and expenses CONGRESSIONAL RECORD — Extensions of Remarks E2327 for the arbitrator are to be paid by the At- ployer. If an employer has conducted the re- tive in the enforcement of this Act, espe- torney General. quired inquiry prior to any placement with a cially given the authorization of a substan- The arbitrator is charged with deciding ‘‘secondary’’ employer, and has no informa- tial increase in temporary foreign workers. whether the alleged violation or misrepre- tion or reason to know of that employer’s The presence of almost twice as many H–1B sentation occurred and, if it occurred, past or intended displacement of U.S. work- workers during the coming years could un- whether it was willful. The complainant has ers, then the attesting employer should ordi- dercut the wages, working conditions and job the burden of establishing such violation or narily be presumed not to have willfully vio- opportunities of American workers and Con- misrepresentation by clear and convincing lated the secondary displacement attesta- gress is concerned that American workers be evidence, but the complainant does not need tion. Congress anticipates that the Depart- protected. to allege or prove that the violation or mis- ment of Labor, in promulgating and enforc- Subparagraph (G) prescribes several proce- representation was willful. Congress intends ing regulations, would require a reasonable dural steps governing this new process. that the arbitrator would not simply sub- level of inquiry. First, under clause (i), there must be a find- stitute his or her judgment for the employ- Subsection 413(d) adds a new section ing of reasonable cause to believe that an er’s judgment concerning the relative quali- 212(n)(2)(F) granting the Secretary authority employer is committing one of the covered fications of potential employees, but would to conduct random investigations of certain violations. Second, the Secretary (or the carefully consider all the evidence presented, employers in certain situations. This author- Acting Secretary, in the case of the Sec- in accordance with section 212(n)(1) which ity is in addition to the existing investiga- retary’s absence or disability) must person- permits the employer to use job-relevant tive authority in section 212(n)(2)(A), as standards applied in a non-discriminatory heretofore exercised by the Secretary. This ally certify that this requirement and the manner. However, just because an employer ‘‘random investigation’’ provision is applica- other requirements of clause (i) have been in good-faith believes that an American ble for a five-year period following a finding met before an investigation may be worker is not as well qualified as an H–1B by the Secretary that the employer in ques- launched. Third, the investigation is to be alien does not necessarily mean that the tion committed a willful violation or made a completed in 30 days. Fourth, the Sec- American worker is in fact not as well quali- willful misrepresentation, or a finding in the retary’s investigation should focus on the al- fied. Attorney General’s arbitration proceedings leged violation or violations. Fifth, the in- The arbitrator’s decision is subject to re- that the employer willfully violated para- formation provided by the source must be view by the Attorney General only to the graph (n)(1)(G)(i)(II). put in writing, either by the source itself or same extent as arbitration awards are sub- Subsection 413(e) specifies a particular in- by a Department of Labor employee on be- ject to vacation or modification under sec- vestigative process, to be used by the Sec- half of the source. Sixth, a 12-month statute tions 10 or 11 of title 9 of the United States retary during the three-year period following of limitations applies. Code, and to judicial review only in an ap- enactment of this legislation. This process Additionally, the Secretary is directed to propriate court of appeals on the grounds de- does not supplant or curtail the Secretary’s provide notice to the employer of informa- scribed in section 706(a)(2) of title 5 of the existing authority in paragraph (2)(A) and tion, including the identity of the person United States Code. does not affect the Secretary’s newly-created who provided the information, that may lead The remedies for violations resemble those authority under paragraph (2)(F) (‘‘random to the launching of an investigation and an established for the other violations of the investigations’’). Under the new provision, opportunity to respond to that information labor condition attestations. Congress an- subparagraph (G) of 212(n)(2), added by para- before the investigation is actually initiated. ticipates that the authorized ‘‘administra- graph (1) of subsection 413(e) of this Act, the However, the Secretary is authorized to tive remedies’’ could include not only the Secretary is authorized under certain cir- forgo this notice where she determines that specified $1,000 fine per violation or $5,000 cumstances to initiate a 30 day investigation to do so will interfere with her efforts ‘‘to se- fine per willful violation, but also other ap- on allegations of willful failures to meet a cure compliance by the employer with [the propriate ‘‘make-whole’’ remedies. Further, condition of paragraph (1)(A), (1)(B), (1)(E), H–1B program requirements].’’ It is Con- a debarment penalty of one year (or two (1)(F), or (1)(G)(i)(I), allegations of a pattern gress’ expectation that the Secretary will years for a willful violation) is authorized. A or practice by an employer of failures to forgo notice of the information where she finding of a willful violation will subject an meet such a condition, or allegations of a has a reasonable belief that the employer employer to the no-lay off/non-displacement substantial failure to meet such a condition may frustrate the investigation and avoid attestation and the recruitment attestation that affects multiple employees. compliance as a result of the notice, and will for a period of five years (as provided in sec- This provision does not address the matter forgo notice of the identity of the person tion 212(n)(1)(E)(ii)) and to random inspec- of ‘‘self-directed’’ or ‘‘self-initiated’’ inves- providing the information where the person tions for a period of five years (as provided in tigations by the Secretary. Rather, as speci- has a credible fear that he or she will be re- section 212(n)(2)(F), to be discussed later). fied in clause (ii) and (iii), an investigation taliated against. While many employers The Attorney General is prohibited from under this provision can be initiated only on would correct a problem brought to their at- delegating the responsibilities assigned to the basis of a communication by a person tention, it cannot be assumed that the sim- her to anyone else unless she submits a plan outside the Department of Labor, or on the ple disclosure of allegations of wrongdoing for such a delegation 60 days before its im- basis of information the Secretary acquires would, in itself, be sufficient to assure com- plementation to the Committees on the Ju- lawfully in the course of another investiga- pliance. When the Secretary provides the diciary of each House of Congress. This is in tion within the scope of any of her statutory name of the person providing the informa- order to assure that Congress has an ade- investigative authorities. The source’s iden- tion, notice should also be provided as to the quate opportunity to be involved in the deci- tity must be known to the Secretary, but penalties for retaliation and blacklisting of sion regarding where at the Department of need not be revealed to the employer in cer- individuals included in the Act. Justice the Attorney General plans on lodg- tain circumstances (However, the Secretary Finally, the new procedure includes the ing this function. may seek to ascertain the identity of a per- employer’s right to an administrative fact- Section 413(c) adds a new section son who has submitted credible information finding hearing within 60 days after the in- 212(n)(2)(E) describing the liability of an em- anonymously so that the Secretary may pur- vestigative determination. ployer who has executed the ‘‘secondary non- sue an investigation under this provision.). displacement attestation’’ for placing a non- Under this investigative process, the Sec- One last point must be made in regard to exempt H–1B worker with respect to whom it retary is not to act upon information re- the H–1B enforcement processes. In requiring has filed an application containing such an ceived from the employer in paperwork filed that the Secretary act where there is ‘‘rea- attestation with another employer under the to obtain an H–1B visa. sonable cause to believe’’ that a violation circumstances described in paragraph (1)(F). Congress anticipates that in promulgating has been committed, Congress does not in- If the other employer has displaced an Amer- and enforcing regulations for this process, tend to impose on the Secretary the same ican worker (under the definitions used in the Secretary will provide guidance as to the level of justification or proof as it required this legislation) during the 90 days before or types of situations which would be appro- under the Fourth Amendment’s ‘‘probable after the placement, the attesting employer priate for investigation, such as an inten- cause’’ for search and seizure of persons or is liable as if it had violated the attestation. tional ‘‘posting’’ violation which affects nu- property. These legal standards have well-es- In all instances, the sanction may be an merous employees (a ‘‘substantial failure to tablished, distinctly different meanings. Em- administrative remedy (including civil mon- meet such a condition that affects multiple ployers who enter into the H–1B program as etary penalties and ‘‘make-whole’’ remedies employees’’), or perhaps a more significant sponsors of temporary foreign labor have an to the American worker affected). The at- violation that affects only one or a handful obligation to be cooperative in furnishing testing employer can only receive a debar- of people. For purposes of interpreting ‘‘a the Department with the appropriate records ment, however, if it is found to have known substantial failure to meet such a condition and information. The structure and language or to have had reason to know of the second- that affects multiple employees’’, the more of this Act make it clear that employers are ary displacement at the time of the place- substantial the failure is, the fewer employ- expected to cooperate fully with the Sec- ment of the H–1B worker with the other em- ees need be affected. For a very substantial retary and the Attorney General in all inves- ployer, or if the attesting employer was pre- failure, only two employees need be affected. tigations and proceedings. The Secretary and viously sanctioned for a secondary displace- Congress’ intent in enacting this special the Attorney General are, of course, required ment under 212(n)(2)(E) for placing an H–1B enforcement process was to endorse the Sec- to exercise their discretion in an appropriate nonimmigrant with the same other em- retary’s efforts to be more vigilant and effec- manner within the scope of their authority. E2328 CONGRESSIONAL RECORD — Extensions of Remarks November 12, 1998 Subsection 413(f) clarifies that none of the TRIBUTE TO R. DAVID GUERRA HONORING MAYOR TOM BRADLEY enforcement authorities granted in subsection 212(n)(2) as amended should be construed to supersede or preempt other en- ´ HON. LUCILLE ROYBAL-ALLARD forcement-related authorities the Secretary HON. RUBEN HINOJOSA OF CALIFORNIA of Labor or the Attorney General may have OF TEXAS IN THE HOUSE OF REPRESENTATIVES under the Immigration and Nationality Act or any other law. IN THE HOUSE OF REPRESENTATIVES Thursday, November 12, 1998 Ms. ROYBAL-ALLARD. Mr. Speaker, I join Thursday, November 12, 1998 f my colleagues in honoring the memory of a Mr. HINOJOSA. Mr. Speaker, it is a great great man and a great leader, Mayor Tom TRIBUTE TO CESAR PELLI FOR honor to stand before you to pay homage to Bradley. OUTSTANDING COMMUNITY DE- a man who has made such a difference in his I am proud of the fact that Tom Bradley VELOPMENT community. Mr. R. David Guerra, President served for 20 years as mayor of my home and Director of the International Bank of Com- town, the great city of Los Angeles. He was dignified, gracious, and extremely merce in McAllen, Texas, has been awarded effective. Known as a great coalition builder, HON. ROSA L. DeLAURO the Cultural Leader of the Year Award by the he had no trouble getting the sometimes unco- OF CONNECTICUT South Texas Symphony Association. operative city council to provide him the eight IN THE HOUSE OF REPRESENTATIVES Mr. Guerra, a graduate of the Stonier Grad- votes needed to approve his initiatives. Thursday, November 12, 1998 uate School of Banking at Rutgers University, Through these initiatives, Mayor Bradley soon began a prestigious career with the U.S. transformed the city's financial core and made Ms. DELAURO. Mr. Speaker, I am proud to Treasury Department. He was commissioned Los Angeles the trade mecca it is today. stand before you to honor a citizen of Con- in 1977 as a National Bank Examiner, Comp- He expanded our seaport and our airport, necticut who has graced the New Haven area troller of the Currency. During this period, helped build one of the most spectacular sky- and the world with his architectural achieve- David received numerous achievement awards lines of any city, and brought to Los Angeles ments. Over his long and illustrious career, and participated in various special projects one of the most successful Olympics ever: the Cesar Pelli has literally changed the land- throughout the United States. In 1981, David 1984 Olympics. scape of our cities and our nation with his so- became Executive Vice-President and Director I have no doubt that had it not been for the cially responsive and uplifting designs. of the International Bank of Commerce in La- leadership of Tom Bradley, Los Angeles would Anyone who has flown into the new terminal redo, Texas, including the title of Vice Presi- not be the world class city that it is today. He designed by Cesar Pelli for the Washington dent of International Bankshares, Inc. Adept in is truly the father of modern Los Angeles. National Airport can appreciate the genius of banking and management, David earned the But more importantly, the legacy Mayor Bradley left was his investment in the people Pelli's designs: his belief that each building be title of President in 1990, and continues to of Los Angeles. shaped by its location and purpose; his sense lead seventeen International Bank of Com- His leadership changed the face of the city of space, light and harmony; and his commit- merce branches in South Texas in a success- government, by opening the doors of City Hall ment to creating gracious, accessible buildings ful banking enterprise. which facilitate public use, enjoyment, and and creating opportunities for women and mi- interaction. Each of Pelli's designs com- Though his accomplishments within the norities. plements and emerges from the existing city- banking industry are quite impressive, David He helped working parents and their chil- scape, yet transcends and elevates the sur- has worked to extend his success to his com- dren, by implementing an after-school day rounding structures. His architectural projects munity. David is active in numerous civic, po- care/tutoring program named LA's Best. across the world serve diverse purposes and litical and professional organizations. In addi- He encouraged at-risk high school students peoples, including the Pacific Design Center in tion to his career accomplishments, he offers to stay in school by providing them with a Los Angeles, the United States Embassy in his business knowledge as Director of the mentor and a city job through his Los Angeles Japan, the Commons of Columbus in Colum- Independent Bankers Association of Texas, City Youth Service Academy. bus, Indiana, the New York World Financial and has served as President and Director of And, because Mayor Bradley knew it was Center and Winter Garden, the Morse and the Laredo Development Foundation, Director important to produce and preserve housing for Stiles Colleges at Yale University, the Inter- of the Laredo Chamber of Commerce, and the our families, he created the City's Housing national Finance Center under construction in Corporation Director and Vice Chairman of the Preservation and Production Department, Hong Kong, and the renovation of the New McAllen Economic Development Corp. Pres- which has made home-ownership and afford- York City Museum of Modern Art. ently serving as Director of the Texas Higher able housing a reality for many Angelanos. Tom Bradley was truly a great mayor of Los New Haven has been fortunate to have Education Board and Director of The Univer- Angeles. He was the people's mayor. We will Cesar Pelli call it home since 1977, when he sity of Texas-Pan American Foundation, David miss him dearly. became the Dean of the Yale University firmly believes in supporting students seeking f School of Architecture. It is fitting that tonight further education. As a past Director and cur- in New Haven, Mr. Pelli is being honored at rent Pace Setter Chairman of United Way of COMMEMORATING THE 65TH ANNI- Casa Otonal, the residential community for the Hidalgo County, he is making a difference in VERSARY OF THE UKRAINIAN elderly whose inner city campus of workshops, the lives of the children who are the future of FAMINE residences, and on-site services and our community. Also the Director of McAllen intergenerational programs was designed by Performing Arts, Inc., and past Director of the HON. MAURICE D. HINCHEY Cesar Pelli 22 years ago. Pelli's campus fos- Hidalgo County Historical Museum, David pro- OF NEW YORK ters a sense of community among residents motes his cultural environment so often ne- IN THE HOUSE OF REPRESENTATIVES and the surrounding inner city neighborhood, glected by others. reaffirming Casa Otonal's mission and en- Thursday, November 12, 1998 hancing its success. It is this commitment to R. David Guerra's commitment to education, enrichment, and achievement has made him a Mr. HINCHEY. Mr. Speaker, this fall marks city landscape and life which has earned Mr. the 65th anniversary of the Ukrainian famine, catalyst for accomplishment in his community. Pelli more than 100 awards for design excel- or more precisely, of the world's recognition of His ambition and commitment serves as lence, including the American Institute of Ar- the famine that had been developing in standards for all leaders to admire. He has chitects 1995 Gold Medal for a lifetime of dis- Ukraine for two years. We have seen many gained my admiration as a businessman, and tinguished achievement and outstanding con- horrors in this century of civilization. The Holo- my respect as a community leader. It is my tributions. caust in Germany and central Europe in World pleasure to see him named the 1998±1999 Cesar Pelli, we thank you for your commit- War II was the most shocking and has justifi- ment and contribution to our cities and to Cultural Leader of the Year. ably attracted the most recognition. But it was urban life. It is my great honor and privilege to I wish for David, his wife, and his two chil- by no means the only incident of diabolic join with the residents and staff of Casa dren all the blessings that are mine to give. I mass slaughter. We have seen the slaughter Otonal, and with your family and friends, to look forward to your future works, and thank of Armenians in the early years of the century, pay tribute to your remarkable achievements. you for being a model for your community. the massacre of Cambodians by their own CONGRESSIONAL RECORD — Extensions of Remarks E2329 leaders, and most recently the horrors in At the age of 17, John Wright enlisted in the with UAH has included active participation in Rwanda and Bosnia. Navy Air corps, a decision that led him to an the University Women's Club and sponsorship We should not allow the abundance of hor- amazing career in science, education, and of the Lancers, the UAH student ambas- rors to dull our senses or to allow us to forget community development. Following the end of sadors. She has been honored with the Distin- any of these terrible incidents. We must re- World War II, he earned bachelor's degrees in guished Medal of Honor from the Mental member that the instruments and techniques chemistry and mathematics from West Virginia Health Center, the Outstanding Service Award we have developed in this century can be Wesleyan College and a doctorate in chem- from the University Women's Club, named used against any people in any country, no istry from the University of Illinois. He later Volunteer of the Year by the Volunteer Center, matter how advanced or supposedly civilized. conducted postdoctoral studies at the Univer- presented a certificate of appreciation by the As a Ukrainian-American I wish to call the sity of Michigan and the University of London. Madison County Commission, and received attention of the House and the American peo- Mr. Wright's professional career has included the UAH Medal from the Board of Trustees of ple to the crimes against my family's people. appointments at a long and impressive list of the University of Alabama system. Ukraine is the most fertile farmland of Europe, prestigious institutions, including research In 1990 John and Mac shared a richly de- long called the breadbasket of the continent. chemist with Hercules Research Center in served Humanitarian Award from the Alabama Yet millions of UkrainiansÐperhaps as many Delaware, professor and chairman of the de- Chapter of the Arthritis Foundation for their as 10 million, we will never have an exact fig- partment of chemistry at his alma mater West vital work on behalf of Huntsville and UAH. As ureÐstarved to death in the midst of plenty in Virginia Wesleyan College, assistant program the U.S. congressman for Alabama's Fifth the early 1930's. They starved because Stalin director for undergraduate education at the Congressional District, I am proud to have this decided that traditional farming in the Ukraine National Science Foundation, dean of the Col- opportunity to recognize their tremendous tal- would stop, and with the power of the Soviet lege of Arts and Sciences and professor of ents and accomplishments, as well as thank state, he was able to make it stop. If people chemistry at both Northern Arizona University them for their extraordinary contributions to did not conform to his will, he would see to it and West Virginia University, and vice chan- Alabama. that they had no food to eat, no seeds to cellor and director of academic affairs for the f plant. The wheat that was harvested was sold West Virginia Board of Regents. HONORING THE RETIREMENT OF During the 10 years Dr. Wright served as at cheap prices on world markets. Protests DAVE KELLY FROM president of UAH, the university grew from around the world did not stop the famine; in- ALLIEDSIGNAL stead, the market found ways to profit from it 400 to 6000 students, more than tripled its and conduct business as usual. funding and gained national recognition as a In this respect and others, the Ukrainian leading school of science and technology. HON. ROSA L. DeLAURO famine resembled the great Irish famine of the Major research thrusts were introduced in op- OF CONNECTICUT IN THE HOUSE OF REPRESENTATIVES nineteenth century, when the British govern- tics, microgravity, robotics, and space plasma ment allowed people to starve by the millions research. The ``Space Initiative'' was adopted Thursday, November 12, 1998 rather than interfere with grain markets. I am and groundwork was laid for UAH to become Ms. DELAURO. Mr. Speaker, I rise to pay an Irish-American too, and many of us in this one of the first space grant universities in the tribute to Dave Kelly a dedicated employee of chamber are descended from the people who United States. During Mr. Wright's last year of the Stratford Army Engine Plant, and the de- fled that famine. administration, UAH was ranked the South's voted President of the United Auto Workers The Ukrainian famine did not end until Stalin top science and technology school by U.S. Local 1010, who retired on August 1, 1998. had gotten his way and subjugated the Ukrain- News and World Report. Upon his decision to Dave is a wonderful friend, and it gives me ian people. They still suffer today from the leave the presidency in 1988, he was ap- great pleasure to acknowledge his years of consequences of his actions: they have never pointed a university professor in chemistry at leadership and service to his fellow workers, been able to fully rebuild the agricultural econ- UAH. and to his community. omy that had once made Ukraine the envy of Dr. Wright's international experience in- Since he began working at AlliedSignal in the region. I believe they will rebuild it, hope- cludes serving on higher education delega- 1959, and since he first committed himself as fully with our help. tions to China, Israel, Italy, India, Korea and a union representative in 1966, Dave has But let us learn from the horrors they en- the Republic of China, as well as economic stood up for the fundamental rights of his fel- dured. Let us commit ourselves to the prin- development delegations to China, Korea, low employeesÐfair pay, health coverage, ciple that people should always come first, Japan, England, France and Germany. In the and a secure transition to new jobs and bright that no one should be allowed to starve. Let Huntsville community, he has played important futures. His extraordinary work and dedication us apply that lesson at home, and pledge that leadership roles in organizations such as the in carrying out his duties as President of Local no one should go hungry in our prosperous Huntsville-Cummings Research Park Board, 1010 will certainly have a lasting impact on country because of the strictures of ideology Randolph School, the U.S. Army Science the hard working men and women throughout or because of the discipline of the market. Let Board, the Huntsville-Madison County Cham- Connecticut whom he served. us commit ourselves to opposing oppression ber of Commerce, the Huntsville Rotary Club, Dave stood side-by-side with me in the night around the world, when oppression leads to and the American Chemical Society. His many to prevent the closing of the Stratford Army genocide and death, whether the tools of that honors include the Distinguished Service Engine Plant where thousands of exceptional oppression are overly violent, or whether they Medal from NASA, a Service Award from the engines were built to power our military's heli- are the subtler but no less cruel tools of delib- Army Missile Command, and the Science and copters, jets, boats and tanks. When defense erate starvation, deliberate hunger, deliberate Technology Award from the Huntsville-Madi- budgets shrunk with the end of the Cold War, poverty. Let us remember that all people are son County Chamber of Commerce. Dave negotiated a contract to make the plant our brothers and sisters. For Margaret Ann Cyphers Wright, enhanc- more efficient and competitiveÐto give Strat- f ing the quality of education has been the ford a chance for the future. When the Army major force of her life since she earned her put the plant on the base closure list, Dave TRIBUTE TO DR. AND MRS. JOHN bachelor's degree in religious education at joined together with his fellow employees and COLLINS WRIGHT OF ALABAMA West Virginia Wesleyan College. She began community leaders to fight the decision. When work on her graduate degree at the University AlliedSignal turned its back on Connecticut HON. ROBERT E. (BUD) CRAMER, JR. of Illinois and completed her master's degree and pulled out to move its operations to Phoe- OF ALABAMA in counseling and guidance at the West Vir- nix, Dave continued to fight on severance pay, IN THE HOUSE OF REPRESENTATIVES ginia College of Graduate Studies. Her profes- extended medical coverage, and educational sional career has included positions as direc- assistance promised by AlliedSignal to its Thursday, November 12, 1998 tor of Christian education with churches in former employees. Mr. CRAMER. Mr. Speaker, I would like to several states, a kindergarten teacher and a Dave has also distinguished himself as a pay tribute to Dr. and Mrs. John Collins Wright counselor for runaways. In our community she leader in his community, serving under Gov- of Huntsville for their longtime service and has served in leadership positions with the ernors Grasso and O'Neill as the Budget dedication to our community at large. Since First United Methodist Church, Constitution Commissioner for the Commission for Drug making the Huntsville community their home in Park Village, Volunteer Center, Huntsville Mu- and Alcohol Abuse for 15 years. He is also 1978, John and Mac Wright have been a seum of Art, Madison County Mental Health committed to lifelong learning, ultimately earn- major force in the growth and success of our Association, Huntsville Rotaryann, and the ing his master's degree from Yale University in area, especially in the quality of education. Ruth Hindman Foundation. Her involvement 1989. E2330 CONGRESSIONAL RECORD — Extensions of Remarks November 12, 1998 Dave's distinguished career has been a found influence on my own beliefs and system who came from overseas and started from great source of pride. His dedication and de- of values. I know I'm a better person for hav- nothing but a desire to make a better life for termination to improve the lives of the hard ing absorbed his wise teachings. themselves. working families of Stratford will be his lasting The twin themes that dominate Jack's life Miguel and Carmen Cossios are such a legacy. The members of Local 1010 and the are Zionism and the rights of working men and success story. Dr. Cossios and his wife fled community of Stratford have all benefitted women. Jack's father, an Orthodox rabbi from their native Cuba in 1968 after witnessing first- from his unwavering commitment. For this, we Lithuania, instilled in his young son the impor- hand how thoroughly socialism crushes the join with his wife, Susan, their children, David, tance of a Jewish homeland. The Rabbi was human spirit and corrupts the soul. These two Margaret, Laura, Paige and Ryan, and his very persuasive: at the age of 10, Jack made brave freedom-lovers fled Fidel Castro's com- grandson John in offering him our lasting grati- a pitch for the Jewish National Fund at his fa- munist tyranny and decided to start all over tude and congratulations on his retirement. ther's synagogue in Brooklyn. again. Penniless but determined to achieve f Ten years later, as a student at City College their dreams in a country that encourages ev- of New York and a member of Avukah, the eryone to pursue his dreams to the fullest, the SUDBURY, ASSABET, AND CON- student Zionist organization, Jack had what Cossios built a new life for themselves in CORD WILD AND SCENIC RIVERS can only be described as a political awaken- Baker County, Florida. Their life stories are an ACT ing. He found in Labor ZionismÐa literal syn- inspiration to all Americans, present and fu- thesis of Zionism and SocialismÐthe perfect ture. Miguel and Carmen are great Americans. HON. EDWARD J. MARKEY balance for his own emerging political philoso- [From the Baker County, FL Press, Feb. 23, OF MASSACHUSETTS phy. It was not much later that Jack became 1995] IN THE HOUSE OF REPRESENTATIVES actively involved with the American labor THE SHEER DETERMINATION TO START ALL movement and the Jewish Labor Committee, Thursday, November 12, 1998 OVER—RETIREMENT OF COSSIOS BUT PART associations that continue to this day. OF A REMARKABLE REFUGEE SAGA Mr. MARKEY. Mr. Speaker, I rise in support After serving with the Merchant Marines in (By Jim McGauley) of H.R. 1110, the Sudbury, Assabet, and Con- World War II, Jack worked on the assembly Imagine yourself a young man of 42 with cord Wild and Scenic Rivers Act. Wild and line at Ford and as a Longshoreman in San an intense love of your native country, a scenic areas are found not only in the vast ex- Pedro. In 1951, he entered law school at proud heritage steeped in the military, a panses of the American West but also in UCLA, eventually graduating third in his class. medical degree and a lovely family including pockets in the midst of the cities and towns of Upon graduation Jack joined Abe Levy's law four young sons who all bear the same first the East. As the areas around Boston, includ- firm, where he ultimately specialized in labor name out of deference to their distinguished ing my own district, become increasingly law. I joined him there in the mid-1960s. ancestors. crowded and urban, it is important to preserve It's probably superfluous to note that Jack Now imagine yourself with nothing. natural areas where the beauty and tranquillity No job, no country, no home, no posses- did more than practice law. In fact, Jack spent sions, no money—none of the things that in of nature can become a part of the everyday much of his ``free'' time working tirelessly for 1995 link us to survival. Nothing except a lives of local communities. causes in which he believed. In 1959, he suc- proud determination to begin again and Through the Sudbury, Assabet, and Con- cessfully defended the world-famous Watts transplant the traditions of your forefathers cord rivers has flowed a remarkable current of Towers from demolition by the City of Los An- to another shore where the freedom to do it history and beauty. A century ago Ralph geles. Sixteen years later, he served as attor- all over again is to you ‘‘like oxygen.’’ Waldo Emerson commemorated events that ney for the chairman of the Agricultural Rela- It’s the stuff that has made real patriots of people like Cuban born Miguel Cossio and his took place above the Concord River a century tions Commission in Sacramento, administer- before that with his unforgettable words, ``by wife Carmen, who retire this week from ing the law that I sponsored in the California Northeast Florida State Hospital in the rude bridge that arched the flood, their flag Assembly. Macclenny after a combined 48 years of serv- to April's breeze unfurled, here once the Today Jack has immersed himself into the ice, he as a psychiatrist and she a phar- embattl'd farmers stood, and fired the shot study of modern Hebrew literature at the Uni- macist. Patriots in love with two countries, heard around the world.'' Over 100 years ago, versity of Jerusalem. His hunger for knowl- their native land where they hope someday Nathanial Hawthorne wrote of the beauty of edge is boundless. freedom returns, and their adopted land that the Assabet: ``Rowing our boat against the I ask my colleagues to join me in saluting rewarded them for grit and determination. current, between wide meadows, we turn Jack Levine, whose sense of decency and in- The Cossios were feted last Thursday to a aside into the Assabeth. A more lovely stream reception and retirement ceremony at the tellectual curiosity are a model for us all. I hospital where Miguel has filled a number of than this, for a mile above its junction with the know his wife, Ann, children, Elinor Levine and roles on the medical staff since he first re- concord, has never flowed on Earth,Ðno- Deborah Zimmer, son-in-law Tim Zimmer, and ported there in 1971, including clinical direc- where, indeed, except to lave the interior of a grandchildren, Jeremy and Daniel, are all very tor. During a brief ceremony they accepted poet's imagination.'' proud of his achievements. plaques from the state and co-workers, and Today we have even greater need of scenic f Dr. Cossio told the group he would like to be rivers to excite the ``poet's imagination'' in remembered as a ‘‘Cuban Baker County red- each of us. this bill, by giving Wild and Scenic MIGUEL AND CARMEN COSSIOS neck.’’ River status to the Assabet, Sudbury, and ARE SUCH A SUCCESS STORY Though Dr. Cossio has some reservations about the conversion of NEFSH from an ac- Concord rivers, will help ensure that they con- credited ‘‘medical model’’ to the present tinue to inspire local communities and the na- HON. JACK KINGSTON UTR system, he credits the institution as tion in this and future generations. I am glad OF GEORGIA central to the family’s re-emergence in its to join the entire delegations of Massachusetts IN THE HOUSE OF REPRESENTATIVES adopted country. and New Hampshire in its support. ‘‘Everyone here has been so gracious to us. Thursday, November 12, 1998 f We think of the hospital and Macclenny as Mr. KINGSTON. Mr. Speaker, patriotismÐ our home town. I am very glad to say our TRIBUTE TO JACK LEVINE love of countryÐis a quality that seems to be headquarters will continue to be in Baker particularly characteristic of Americans. What County.’’ The Cossios recently bought a house in Macclenny, unique in itself because HON. HOWARD L. BERMAN is even more remarkable is that those born most of the medical staff lives outside Baker OF CALIFORNIA abroad who choose to make America their County since the closing of on-campus hous- IN THE HOUSE OF REPRESENTATIVES adopted country often come to share the ing several years ago. same patriotic spirit that Americans display in The road to last Thursday and this week, Thursday, November 12, 1998 their daily lives. Immigrants who come to our which marks the Cossios’ actual retirement Mr. BERMAN. Mr. Speaker, I rise to pay shores seeking a better life often find that their date, began shortly after Miguel and Carmen tribute to my close friend, Jack Levine, who is new lives are a struggle, but a struggle that landed in Miami as penniless refugees in De- receiving the 1998 TZEDEK (Justice) Award pays off more than they could ever have cember, 1968. Cuba had been Fidel Castro’s a full decade by then, and the repressive re- from the Labor Zionist Alliance. Before I ever dreamed. gime was ridding itself of a meddlesome in- ran for office, I practiced law with Jack Levine. There are so many places around the world telligentsia, family by family. I was overwhelmed by his brilliant legal mind, where hard work does not result in real oppor- It was Dr. Gustavo Arias, then clinical di- love of ideas and compassion for the less for- tunity and success. But American success sto- rector at NEFSH, who first summoned tunate. After all these years, he remains a pro- ries are all around usÐespecially from those Miguel Cossio down here from Binghamton, CONGRESSIONAL RECORD — Extensions of Remarks E2331 N.Y. to interview as a staff psychiatrist. off the Castro regime and rejoins the Amer- I am honored and pleased to have served Public and private medicine, particularly on ican community of nations. with DAN SCHAEFER throughout my tenure in the East Coast, was by the early 1970’s dotted ‘‘Before we die, we would like to see free- the House of Representatives. Working to- with refugees from the island nation just off dom and prosperity in Cuba again. We still Key West. It was the kind of network that have close relatives and friends there, living gether, we have served as Members of the brought Dr. Cossio back together with Arias, in horrible slavery and poverty. minority and majority party in Congress and a former supervisor at the military hospital ‘‘As soon as that happens, we can say, have always held principle over politics. in Havana and at the big psychiatric hospital ‘God, thanks again for everything, now we We are going to miss Mr. SCHAEFER next there. can rest.’ For us it will then be time to face session. Throughout his distinguished career For nearly three years, Dr. Cossio eternity. Our mission on Earth has been ac- in the House, he has served his constituents crammed for the qualifying exam for foreign complished.’’ from Colorado and the United States with physicians (he had to learn English first), Words from the mouth of someone who which he passed on the first try. Carmen, his truly knows what it takes to get there. honor and distinction. high school sweetheart, supported the family DAN will be remembered here for many no- f in New York as a pharmacist (she held a doc- table legislative accomplishments. Passing the torate from the University of Havana). When HONORING REVEREND JUAN MAR- Federal Facilities Compliance Act ensured that Arias, a former partner in private practice in TINEZ FOR OUTSTANDING COM- those of us with Federal facilities in our dis- Cuba, had an opening on the staff here, he MUNITY SERVICE tricts received the same level of environmental called his old friend. protection as everyone else in the country. He ‘‘Our struggle to leave Communist Cuba was extremely difficult,’’ says Dr. Cossio was and is a major player in helping us in HON. ROSA L. DeLAURO New Mexico streamline the bureaucratic proc- with a shake of the head. ‘‘I look back now OF CONNECTICUT at what we went through, and it could easily ess to get the Waste Isolation Pilot Plant up be the theme of a mini-series, I tell you.’’ IN THE HOUSE OF REPRESENTATIVES and runningÐand while we're still not there Before signing on at NEFSH, Dr. Cossio Thursday, November 12, 1998 yet, we're a lot closer today because of DAN had to re-take a residency program in psy- SCHAEFER's efforts and I look forward to riding chiatry at a New York mental hospital. The Ms. DELAURO. Mr. Speaker, I am honored move to Macclenny was also the family’s to rise to pay tribute to the Reverend Juan shotgun on that first truck with him. first experience in a rural area. Martinez of New Haven, Connecticut. Rev- Mr. SCHAEFER also helped spark the na- The boys, Miguel, Eduardo, Carlos and Ro- erend Martinez has spent 36 years developing tional debate on reforming our nation's tax berto, were still a bit weak in English but as- and enriching his community, ministering to code. His legislation to eliminate income tax similated well into Baker County schools. our souls and nourishing our spirits. raised a lot of eyebrows, but also raised the They mirrored the friendly demeanor of Reverend Martinez arrived in the United national awareness of the mess our tax sys- their parents and were excellent athletes. tem is in. I also recall that DAN was talking Miguel was an all conference pick and most States from his native Puerto Rico in 1950, valuable player on the Wildcat baseball and served his country in our military in the about a balanced budget long before the ma- squad, and along with his brothers lettered Korean War. Upon his arrival in New Haven in jority of our colleagues in Congress. His bal- in several sports. 1962, he established the Pentecostal Church anced budget legislation, introduced in the All the boys went on to college and medi- Door of Salvation. Through this church, Rev- 103rd Congress, was the blueprint for many cal school, and now practice in Georgia: erend Martinez has selflessly devoted himself subsequent bills, and saw its fulfillment in the Micky and Eddie as internists in Madison, to the Hispanic community and to the entire balanced budget act passed by this Congress. Carlos an endocrinologist in Athens and Rob- While I have just scratched the surface of ert a pediatrician in Savannah. city of New Haven. He is the eldest Hispanic They all have the first name of their fa- minister pastoring in New Haven, and serves DAN's distinguished career, it is a pretty im- ther, as do the male grandsons, because Dr. as Executive Treasurer for the International pressive list of accomplishments. Just as im- Cossio wants to preserve the memory of his Latin American Council of Churches. He is the pressive, though, has been DAN's non-legisla- father and grandfather, who he calls ‘‘men of founder of the New Life Corporation Housing tive accomplishments. As manager of the Re- strong principles.’’ Development Corporation, and is the co- publican baseball team, he turned the event ‘‘They fought for freedom and independ- from a back-alley pepper game into a major- ence of our motherland. In September, 1933, founder of the Associacion Ministerial my father was a prominent officer in the Evangelica Hispanica de New Haven. league success, to the point where the game Cuban Army and died in a battle in Havana Reverend Martinez has contributed so much now gets nationwide radio and TV coverage, during a rebellion. to our New Haven that it is difficult to know and helps support a number of worthy char- ‘‘He lost his life fighting in defense of na- how to begin to describe his dedication and ities in the Washington area. I know I've en- tional principles. For my ancestors, like for service. He embodies the values of commit- joyed his participation in the Western Caucus us, freedom has been as important as oxygen. ment to family and dedication to neighbors, and the Wild Turkey Club, where Members This is the basic reason we are in the USA.’’ facing similar problems and with similar con- Carmen and Miguel plan to keep their li- and is a role model to us all. He is a powerful censes current though are unsure now how voice of justice and equality for the Hispanic stituencies are able to work through the dif- active they will remain in their professions. community, and therefore for our city. He has ficult issues facing Congress in a sober and Several years ago, the 69-year-old Miguel worked with four mayors of New Haven to im- thought-provoking atmosphere. While Con- gave into the pleas of his sons and underwent prove housing for the needy. He has orga- gress as an institution will certainly be poorer a multiple heart bypass operation at Emory nized an annual food drive, and founded a without DAN's presence, I also know that many University in Atlanta, and credits it with re- community youth and children's program Members will suffer a personal loss from his newed energy that he plans to devote to poli- retirement as well. tics and his beloved Cuban clubs in Jackson- which serves over 120 children, nurturing their In closing, I sincerely wish DAN SCHAEFER ville and Miami. It was through the Repub- minds, enriching their spirits, and giving them lican Party in South Florida that Dr. Cossio a safe place to play and learn. and his family all the best and look forward to became involved last year in the Jeb Bush For 36 years, Reverend Martinez has been the day the Colorado Rockies name him as campaign for governor. a force in his community for all that is right their manager. Good luck and God bless you ‘‘Rest? I doubt it. I cannot imagine my and good. It is with great pride and honor that DAN, we'll miss you around here. husband sitting at home watching TV day I join with his family, friends, and community f and night. He has always been very active,’’ to say thank you and congratulations. observes Carmen. TRIBUTE TO ART RYNEARSON, f Along with politics and keeping up with SENIOR LEGISLATIVE COUNSEL his pals, Dr. Cossio plans to see more of his sons and the couple’s eight grandchildren TRIBUTE TO HON. DAN SCHAEFER (another is expected this spring). He may HON. BOB CLEMENT even start on his memoirs. HON. JOE SKEEN OF TENNESSEE One of the plaques last Thursday was pre- OF NEW MEXICO IN THE HOUSE OF REPRESENTATIVES sented by Dr. Alfredo Romeu, a childhood IN THE HOUSE OF REPRESENTATIVES friend with a similar refugee background Thursday, November 12, 1998 who also plans to leave NEFSH along with Thursday, November 12, 1998 Mr. CLEMENT. Mr. Speaker, I would like to his physician wife Esther in the near future. Mr. SKEEN. Mr. Speaker, I rise to pay spe- express my warmest thanks to Art Rynearson, They are near the last of a line of Cuban born doctors that have worked at NEFSH in cial recognition to the gentleman from Colo- Senior Legislative Counsel for the office of the its three and a half decades of existence. rado (Mr. DAN SCHAEFER) who is retiring from Senate Legislative Counsel, for his outstand- Like most of his contemporaries, Dr. Congress at the end of the 105th Congres- ing work on the International Religious Free- Bossio yearns for the day that Cuba tosses sional session. dom Act of 1998. The International Religious E2332 CONGRESSIONAL RECORD — Extensions of Remarks November 12, 1998 Freedom Act was an extraordinary endeavor, Affairs Expert at the Congressional Research A TRIBUTE TO R.C. SMITH not only in the comprehensive nature of the Service, for her invaluable input into the Inter- measure itself, but in the highly unusual bi- national Religious Freedom Act of 1998. As HON. GLENN POSHARD cameral, bipartisan effort which led to unani- part of a bicameral, bipartisan group of offices OF ILLINOIS mous passage by the 105th Congress. To- working together on this bill, my staff worked IN THE HOUSE OF REPRESENTATIVES gether with the office of Senator Don Nickles, closely with Ms. Rennack for more than a year Thursday, November 12, 1998 who introduced the measure, my office worked as this Act was drafted. She was quick to pro- closely with other committed House and Sen- vide research and advice, and was always Mr. POSHARD. Mr. Speaker, I rise to pay ate staff to draft this bill. For more than a year, gracious and ready to advise. Ms. Rennack tribute to my constituent and dear friend, Mr. Art Rynearson shared in these long, demand- provided expert counsel, including critical R.C. Smith of Long Creek, Illinois who is retiring hours of effort. His expert counsel, unre- background on United States sanctions laws ing from the Macon County Board with 18 lenting thoroughness, and countless hours of years of service. This is only a fraction of his dedicated hard work shaped this bill into a and related bureaucratic and administrative issues. She and her colleagues have spent 30 years of public service and dedication, but measure of which we can be proud for the he will be truly missed on the county board. many long hours analyzing this Act as it took rest of our lives. My Rynearson's commitment On this year after 30 years of public service. shape. The International Religious Freedom and professionalism have helped bring hope On November 12th, several area state legisla- Act, which passed the Senate and House to millions of people around the world who tors will be honoring him with a special pres- suffer terrible persecution for the simple prac- unanimously this Congress, is designed to entation at his last County Board meeting. tice of their faith. He well deserves our heart- help millions of religious believers suffering for I have known R.C. since I have been in- felt commendation on their behalf. their faith around the world. Ms. Rennacks' ex- volved in politics. He has been a loyal em- TRIBUTE TO VITA BITE, FOREIGN AFFAIRS EXPERT AT THE pert counsel helped us shape effective, wise ployee to the Wabash, Norfolk and Western CONGRESSIONAL RESEARCH SERVICE parameters for this landmark piece of legisla- and Norfolk-Southern Railroad for nearly 39 Mr. Speaker, I would like to express my tion, and she deserves our heartfelt thanks. years. He served as Executive Director of the warmest thanks to Vita Bite, Foreign Affairs Decatur Area Labor Management Committee Expert at the Congressional Research Serv- TRIBUTE TO LARRY EIG, LEGISLATIVE ATTORNEY AT THE for 8 years. At the same time, R.C. has re- ice, for her invaluable input into the Inter- CONGRESSIONAL RESEARCH SERVICE mained focused on his commitment to the national Religious Freedom Act of 1998. As Mr. Speaker, I would like to express my people of Illinois through his local political in- part of a bicameral, bipartisan group of offices warmest thanks to Larry Eig. Legislative Attor- volvement. He was first elected as Assistant working together on this bill, my staff worked ney in the American Law Division of the Con- closely with Ms. Bite for more than a year as Long Creek Township Supervisor in 1961, and gressional Research Service. As part of a bi- has served and been reelected on the Macon this Act was drafted. Ms. Bite provided expert cameral, bipartisan group of offices working counsel, including critical background on County Board of Supervisors for 10 years. together on this bill, my staff worked closely Wanting to do even more for Macon County, United States human rights laws and bureau- with Mr. Eig for more than a year as this Act cratic and administrative issues related to the R.C. decided to run for Macon County Board was drafted. He was quick to provide research bill. She was quick to provide research and in 1980 and has been reelected ever since by advice, and was always gracious and ready to and advice, and was always gracious and his constituents. In fact, his colleagues elected advise. She and her colleagues have spent ready to advise. Mr. Eig provided extensive R.C. as Chairman in 1985 and he has served many long hours analyzing this Act as it took legal research and background in many areas, as Vice Chairman of the Board for the past 10 shape. The International Religious Freedom including United States immigration law, analy- years. In addition, he was elected last year as Act, which passed the Senate and House sis and precedents for legal effects of provi- Long Creek Township Clerk. Both his col- unanimously this Congress, is designed to sions in the bill, and matters pertaining to con- leagues and his constituents recognize R.C.'s help millions of religious believers suffering for stitutional questions. His expertise proved in- commitment to his community, and the strong their faith around the world. Ms. Bite's expert valuable as we sought to draft wise, effective leadership skills he provides the Board and counsel helped shape effective, wise param- legislation. Mr. Eig and his colleagues have county. This is evident in the fact that they eters for this landmark piece of legislation, and spent many long hours analyzing this Act as have faithfully awarded him these important she deserves our heartfelt thanks. it took shape. The International Religious positions, and R.C. has served with the high- TRIBUTE TO JEANNE GRIMMETT, LEGISLATIVE ATTORNEY Freedom Act, which passed the Senate and est level of integrity. AT THE CONGRESSIONAL RESEARCH SERVICE House unanimously this Congress, is de- Moreover, R.C. has devoted a great deal of Mr. Speaker, I would like to express my signed to help millions of religious believers his time to the Macon County community. He warmest thanks to Jeanne Grimmett, Legisla- suffering for their faith around the world. Mr. has served on the Macon County Mental tive Attorney in the American Law Division of Eig's expert counsel helped us frame effective, Health 708 Board and has been Democratic the Congressional Research Service. As part wise parameters for this landmark piece of Precinct Committeeman for 40 years. As a de- of a bicameral, bipartisan group of offices legislation, and he deserves our heartfelt vout Christian, R.C. has served in the Adult working together on this bill, my staff worked thanks. Men's Sunday School teacher program for closely with Ms. Grimmett for more than a over 35 years, and is a Deacon for his church. year as this Act was drafted. She was quick TRIBUTE TO JOYCE VIALET, REFUGEE AFFAIRS EXPERT It has been a pleasure knowing R.C. Smith to provide research and advice, and was al- AT THE CONGRESSIONAL RESEARCH SERVICE as a local community leader. He has been a ways ready to advise. Ms. Grimmett provided Mr. Speaker, I would like to express my role model of commitment and dedication extensive legal research and background in warm thanks to Joyce Vialet, Expert on Refu- while serving on the county board. It has been many areas, including trade and environ- gee Affairs for the Congressional Research an honor to serve in Congress as his rep- mental law, precedents and parameters in Service, for her assistance with the Inter- resentative, and I wish him all the best in the United States and international law, and mat- national Religious Freedom Act of 1998. As future. Mr. Speaker, please recognize R.C. ters pertaining to constitutional questions. her part of a bicameral, bipartisan group of offices Smith for his loyalty to Macon County and the expertise proved invaluable as we sought to working together on this bill, my staff worked excellent leadership he has provided. draft wise, effective legislations. She and her closely with Ms. Vialet. She was quick to pro- f colleagues have spent many long hours analyzing this Act as it took shape. The Inter- vide research and advice, and was always TRIBUTE TO JANE HARMAN national Religious Freedom Act, which passed gracious and ready to advise. Ms. Vialet pro- the Senate and House unanimously this Con- vided extensive background on refugee mat- HON. ELLEN O. TAUSCHER ters, and her expertise helped us draft wise, gress, is designed to help millions of religious OF CALIFORNIA effective legislation. The International Reli- believers suffering for their faith around the IN THE HOUSE OF REPRESENTATIVES world. Ms. Grimmett's expert counsel helped gious Freedom Act, which passed the Senate Thursday, November 12, 1998 us frame effective, wise parameters for this and House unanimously this Congress, is de- landmark piece of legislation, and she designed to help millions of religious believers Mrs. TAUSCHER. Mr. Speaker, I rise today serves our heartfelt thanks. suffering for their faith around the world. Ms. to pay tribute to a good friend and valued col- TRIBUTE TO DIANNE RENNACK, FOREIGN AFFAIRS EXPERT Vialet's expert counsel helped us frame effec- league, JANE HARMAN, whose distinguished AT THE CONGRESSIONAL RESEARCH SERVICE tive, wise parameters for this landmark piece career in the House of Representatives will Mr. Speaker, I would like to express my of legislation, and she deserves our warmest come to a close with the end of the 105th warmest thanks to Dianne Rennack, Foreign thanks. Congress. CONGRESSIONAL RECORD — Extensions of Remarks E2333 In my time in Congress, Mr. Speaker, I have Members of this successful international or- launched a partisan attack against the Presi- developed the greatest respect and admiration ganization are Connecticut educators who are dent. for JANE HARMAN. Her dedication to this insti- continually active in the education arena and Certainly I believe that the President's con- tution, her commitment to the people she rep- dedicated to the ideals of service, research, duct should be investigated and that the Con- resents, and her unfailing desire to work for and leadership. They are teachers, principals, gress has a constitutional responsibility to hold the best interests of this nation set the stand- administrators and superintendentsÐpeople hearings looking into the allegations made by ards to which all Members of Congress should who are with kids every day, who have given the Independent Counsel. But these hearings strive. their all to ensuring that our children have the cannot be entered into lightly. It is a grave and Whether the issue has been gender equity best start in life. serious matter that faces us. What we decide in the military or establishing a budget On October 3, 1973, one hundred and twen- here today will have ramifications for genera- lockbox, JANE has been a true leader. When ty charter members were initiated into the tions to come. How we conduct ourselves will she speaks out on an issue, Mr. Speaker, we newly formed chapter of Phi Delta Kappa at serve as a precedent for those who follow. all know that she has given it thoughtful con- Southern Connecticut State University. Twen- sideration and is well informed. Her sincerity ty-five years later, I am proud to say, this We owe it to the American people to rise to and knowledge give her an authority that en- chapter has grown to nearly 500 members the level of the challenge before us and to ables her to persuasively make her case and strong. It is these individuals, and all that they move forward with this investigation in a sol- convince her colleagues of the rightness of contribute, which make the Connecticut school emn and judicious fashionÐnot in the destruc- her position. This ability has served her con- system a success. Membership in this frater- tive partisan manner that we have seen so far. stituents and this country very well, and she nity is recognition of the contributions to edu- The investigation of the President has gone should be proud of her many accomplish- cation made by our educators. I commend the on far too long and must be brought to a swift ments. members of the Southern Connecticut State conclusionÐthrough a focused, limited and As a fellow Californian, I have always ad- University Chapter for all the work they have fair investigationÐfor the sake of the nation mired and respected the work JANE has done done in order to guarantee that our children and in the interest of returning the attention of for our State. She will be sorely missed not will develop the skills they will need to build a Congress back to the business of families and only by her colleagues on the Hill, but by all successful future. their children. those Californians who have come to rely on On behalf of the parents, students, and the her reasoned and moderate approach to the The people of California's 37th Congres- residents of Connecticut, I thank you for your sional District elected me to fight for better issues. good work. It is for 25 years of dedicated and Mr. Speaker, the House of Representatives education, to fight for safer streets, to fight for distinguished service of all members of the and the country are better for the service that the protection of Social Security. Instead I Southern Connecticut State University Chapter JANE HARMAN has given us. I know that in the have had to spend the crucial last weeks of of Phi Delta Kappa that I am proud to stand future she will continue her commitment to this Congress wading through more than and recognize their achievements today. public service and her contributions to our na- 4,000 pages of what amounts to little more f tion will grow. I thank her for her efforts and than pornography. By bogging down real legis- wish her the best of luck for the future. STATEMENT IN SUPPORT OF THE lative business with salacious details of sex f DEMOCRATIC ALTERNATIVE and scandal, my Republican colleagues have PLAN FOR AN IMPEACHMENT IN- done nothing to make a real difference in the HONORING PHI DELTA KAPPA FOR QUIRY lives of America's working families. 25 YEARS OF SERVICE I call on my colleagues on the other side of HON. JUANITA MILLENDER-McDONALD the aisle today to change their do-nothing HON. ROSA L. DeLAURO ways and finally make a real difference in OF CONNECTICUT OF CALIFORNIA Americans' lives by walking the high road on IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES into the history books. Thus far this session, Thursday, November 12, 1998 Thursday, November 12, 1998 Republicans have turned their backs on our Ms. DELAURO. Mr. Speaker, I am pleased Ms. MILLENDER-MCDONALD. Mr. Speaker, children, they have tried to rob money from to rise to honor the Southern Connecticut I come before you to ask a very important our seniors and they have chipped away at a State University Chapter of Phi Delta Kappa question: Why did we bring this resolution to woman's right to choose. I urge my Repub- on their 25th anniversary. Phi Delta Kappa this floor? lican colleagues to, at long last, do right by the members provide a variety of services to pro- I do not condone the President's behavior, American people and vote for a just investiga- mote and improve education in our commu- but what I find truly abhorrent is the behavior tive processÐthe limited, focused, fair pro- nity. of my Republican colleagues who have posal presented by my Democratic colleagues Thursday, November 12, 1998 Daily Digest

Highlights See Re´sume´ of Congressional Activity. Senate Chamber Action The Senate adjourned sine die on Wednesday, Oc- tober 21, 1998. The 1st session of the 106th Con- gress will convene at 12 Noon, Wednesday, January 6, 1999. h House of Representatives Development, and for sundry independent agencies, Chamber Action boards, commissions, corporations, and offices for the The House adjourned sine die on Wednesday, Oc- fiscal year ending September 30, 1999. October 21, tober 21, 1998. The 1st session of the 106th Con- 1998. (P.L. 105–276) gress will convene at 12 Noon, Wednesday, January H.R. 4328, making omnibus consolidated and 6, 1999. emergency supplemental appropriations for fiscal f year 1999. Signed October 21, 1998. (P.L. 105–277) H.R. 2616, to amend titles VI and X of the Ele- NEW PUBLIC LAWS mentary and Secondary Education Act of 1965 to improve and expand charter schools. Signed October (For last listing of Public Laws, see DAILY DIGEST, p. D1199) 22, 1998. (P.L. 105–278) H.R. 3694, to authorize appropriations for fiscal H.R. 1659, to provide for the expeditious comple- year 1999 for intelligence and intelligence-related tion of the acquisition of private mineral interests activities of the United States Government, the within the Mount St. Helens National Volcanic Community Management Account, and the Central Monument mandated by the 1982 Act that estab- Intelligence Agency Retirement and Disability Sys- lished the Monument. Signed October 23, 1998. tem. Signed October 20, 1998. (P.L. 105–272) (P.L. 105–279) H.J. Res. 137, making further continuing appro- H.R. 2411, to provide for a land exchange involv- priations for the fiscal year 1999. Signed October ing the Cape Cod National Seashore and to extend 20, 1998. (P.L. 105–273) the authority for the Cape Cod National Seashore H.R. 4566, to make technical and clarifying Advisory Commission. Signed October 26, 1998. amendments to the National Capital Revitalization (P.L. 105–280) and Self-Government Improvement Act of 1997. H.R. 2886, to provide for a demonstration project Signed October 21, 1998. (P.L. 105–274) in the Stanislaus National Forest, California, under H.R. 4112, making appropriations for the Legisla- tive Branch for the fiscal year ending September 30, which a private contractor will perform multiple re- 1999. Signed October 21, 1998. (P.L. 105–275) source management activities for that unit of the H.R. 4194, making appropriations for the Depart- National Forest System. Signed October 26, 1998. ments of Veterans Affairs and Housing and Urban (P.L. 105–281) D1202 November 12, 1998 CONGRESSIONAL RECORD — DAILY DIGEST D1203 H.R. 3796, to authorize the Secretary of Agri- cial Advisor on International Religious Freedom culture to convey the administrative site for the within the National Security Council. Signed Octo- Rogue River National Forest and use the proceeds ber 27, 1998. (P.L. 105–292) for the construction or improvement of offices and H.R. 2795, to extend certain contracts between support buildings for the Rogue River National For- the Bureau of Reclamation and irrigation water con- est and the Bureau of Land Management. Signed Oc- tractors in Wyoming and Nebraska that receive tober 26, 1998. (P.L. 105–282) water from Glendo Reservoir. Signed October 27, H.R. 4081, to extend the deadline under the Fed- 1998. (P.L. 105–293) eral Power Act applicable to the construction of a H.R. 3069, to extend the Advisory Council on hydroelectric project in the State of Arkansas. Signed California Indian Policy to allow the Advisory Coun- October 26, 1998. (P.L. 105–283) cil to advise Congress on the implementation of the H.R. 4284, to authorize the Government of India proposals and recommendations of the Advisory to establish a memorial to honor Mahatma Gandhi Council. Signed October 27, 1998. (P.L. 105–294) in the District of Columbia. Signed October 26, H.R. 4079, to authorize the construction of tem- 1998. (P.L. 105–284) perature control devices at Folsom Dam in Califor- S. 2206, to amend the Head Start Act, the Low- nia. Signed October 27, 1998. (P.L. 105–295) Income Home Energy Assistance Act of 1981, and H.R. 4166, to amend the Idaho Admission Act the Community Services Block Grant Act to reau- regarding the sale or lease of school land. Signed Oc- thorize and make improvements to those Acts, to es- tober 27, 1998. (P.L. 105–296) tablish demonstration projects that provide an op- S. 53, to require the general application of the portunity for persons with limited means to accumu- antitrust laws to major league baseball. Signed Octo- late assets. Signed October 27, 1998. (P.L. 105–285) ber 27, 1998. (P.L. 105–297) H.R. 8, to amend the Clean Air Act to deny entry S. 505, to amend the provisions of title 17, into the United States of certain foreign motor vehi- United States Code, with respect to the duration of cles that do not comply with State laws governing copyright. Signed October 27, 1998. (P.L. 105–298) motor vehicles emissions. Signed October 27, 1998. S. 1298, to designate a Federal building located (P.L. 105–286) in Florence, Alabama, as the ’’Justice John McKinley H.R. 624, to amend the Armored Car Industry Federal Building’’. Signed October 27, 1998. (P.L. Reciprocity Act of 1993 to clarify certain require- 105–299) ments and to improve the flow of interstate com- S. 1892, to provide that a person closely related merce. Signed October 27, 1998. (P.L. 105–287) to a judge of a court exercising judicial power under H.R. 1021, to provide for a land exchange involv- article III of the United States Constitution (other ing certain National Forest System lands within the than the Supreme Court) may not be appointed as Routt National Forest in the State of Colorado. a judge of the same court. Signed October 27, 1998. Signed October 27, 1998. (P.L. 105–288) (P.L. 105–300) H.R. 1197, to amend title 35, United States S. 1976, to increase public awareness of the plight Code, to protect patent owners against the unauthor- of victims of crime with developmental disabilities, ized sale of plant parts taken from plants illegally re- to collect data to measure the magnitude of the produced. Signed October 27, 1998. (P.L. 105–289) problem, and to develop strategies to address the H.R. 2186, to authorize the Secretary of the Inte- safety and justice needs of victims of crime with de- rior to provide assistance to the National Historic velopmental disabilities. Signed October 27, 1998. Trails Interpretive Center in Casper, Wyoming. (P.L. 105–301) Signed October 27, 1998. (P.L. 105–290) S. 2235, to amend part Q of the Omnibus Crime H.R. 2370, to amend the Organic Act of Guam Control and Safe Streets Act of 1968 to encourage for the purposes of clarifying the local judicial struc- the use of school resource officers. Signed October ture and the office of Attorney General. Signed Oc- 27, 1998. (P.L. 105–302) tober 27, 1998. (P.L. 105–291) H.R. 1702, to encourage the development of a H.R. 2431, to express United States foreign policy commercial space industry in the United States. with respect to, and to strengthen United States ad- Signed October 28, 1998. (P.L. 105–303) vocacy on behalf of, individuals persecuted in foreign H.R. 2281, to amend title 17, United States countries on account of religion; to authorize United Code, to implement the World Intellectual Property States actions in response to violations of religious Organization Copyright Treaty and Performances freedom in foreign countries; and to establish an and Phonograms Treaty. Signed October 28, 1998. Ambassador at Large for International Religious (P.L. 105–304) Freedom within the Department of State, a Commis- H.R. 3332, to amend the High-Performance sion on International Religious Freedom, and a Spe- Computing Act of 1991 to authorize appropriations D1204 CONGRESSIONAL RECORD — DAILY DIGEST November 12, 1998 for fiscal years 1999 and 2000 for the Next Genera- H.R. 3528, to amend title 28, United States tion Internet program, to require the Advisory Com- Code, with respect to the use of alternative dispute mittee on High-Performance Computing and Com- resolution processes in United States district courts. munications, Information Technology, and the Next Signed October 30, 1998. (P.L. 105–315) Generation Internet to monitor and give advice con- H.R. 3687, to authorize prepayment of amounts cerning the development and implementation of the due under a water reclamation project contract for Next Generation Internet program and report to the the Canadian River Project, Texas. Signed October President and the Congress on its activities. Signed 30, 1998. (P.L. 105–316) October 28, 1998. (P.L. 105–305) H.R. 3903, to provide for an exchange of lands H.R. 4558, to make technical amendments to located near Gustavus, Alaska. Signed October 30, clarify the provision of benefits for noncitizens, and 1998. (P.L. 105–317) to improve the provision of unemployment insur- H.R. 4151, to amend chapter 47 of title 18, ance, child support, and supplemental security in- United States Code, relating to identity fraud. come benefits. Signed October 28, 1998. (P.L. Signed October 30, 1998. (P.L. 105–318) 105–306) H.R. 4293, to establish a cultural and training S. 2468, designate the Biscayne National Park vis- program for disadvantaged individuals from North- itor center as the Dante Fascell Visitor Center at ern Ireland and the Republic of Ireland. Signed Oc- Biscayne National Park. Signed October 29, 1998. tober 30, 1998. (P.L. 105–319) (P.L. 105–307) H.R. 4309, to provide a comprehensive program H.R. 700, to remove the restriction on the dis- of support for victims of torture. Signed October 30, tribution of certain revenues from the Mineral 1998. (P.L. 105–320) Springs parcel to certain members of the Agua H.R. 4326, to transfer administrative jurisdiction Caliente Band of Cahuilla Indians. Signed October over certain Federal lands located within or adjacent 30, 1998. (P.L. 105–308) to the Rogue River National Forest and to clarify H.R. 1274, to authorize appropriations for the the authority of the Bureau of Land Management to National Institute of Standards and Technology for sell and exchange other Federal lands in Oregon. fiscal years 1998 and 1999. Signed October 30, Signed October 30, 1998. (P.L. 105–321) 1998. (P.L. 105–309) H.R. 4337, to authorize the Secretary of the Inte- rior to provide financial assistance to the State of H.R. 1756, to amend chapter 53 of title 31, Maryland for a pilot program to develop measures to United States Code, to require the development and eradicate or control nutria and restore marshland implementation by the Secretary of the Treasury of damaged by nutria. Signed October 30, 1998. (P.L. a national money laundering and related financial 105–322) crimes strategy to combat money laundering and re- H.R. 4660, A bill to amend the State Department lated financial crimes. Signed October 30, 1998. Basic Authorities Act of 1956 to provide rewards for (P.L. 105–310) information leading to the arrest or conviction of any H.R. 2675, to provide for the Office of Personnel individual for the commission of an act, or conspir- Management to conduct a study and submit a report acy to act, of international terrorism, narcotics relat- to Congress on the provision of certain options for ed offenses, or for serious violations of international universal life insurance coverage and additional death humanitarian law relating to the Former Yugoslavia. and dismemberment insurance under chapter 87 of Signed October 30, 1998. (P.L. 105–323) title 5, United States Code, to improve the adminis- H.R. 4679, to amend the Federal Food, Drug, and tration of such chapter. Signed October 30, 1998. Cosmetic Act to clarify the circumstances in which (P.L. 105–311) a substance is considered to be a pesticide chemical H.R. 2807, to clarify restrictions under the Mi- for purposes of such Act. Signed October 30, 1998. gratory Bird Treaty Act on baiting and to facilitate (P.L. 105–324) acquisitions of migratory bird habitat. Signed Octo- S. 231, to establish the National Cave and Karst ber 30, 1998. (P.L. 105–312) Research Institute in the State of New Mexico. H.R. 3055, to deem the activities of the Signed October 30, 1998. (P.L. 105–325) Miccosukee Tribe on the Tamiami Indian Reserva- S. 890, to dispose of certain Federal properties lo- tion to be consistent with the purposes of the Ever- cated in Dutch John, Utah, and to assist the local glades National Park. Signed October 30, 1998. government in the interim delivery of basic services (P.L. 105–313) to the Dutch John community. Signed October 30, H.R. 3494, to amend title 18, United States 1998. (P.L. 105–326) Code, to protect children from sexual abuse and ex- S. 1333, to amend the Land and Water Conserva- ploitation. Signed October 30, 1998. (P.L. 105–314) tion Fund Act of 1965 to allow national park units November 12, 1998 CONGRESSIONAL RECORD — DAILY DIGEST D1205 that cannot charge an entrance or admission fee to preference eligibles applying for certain positions in retain other fees and charges. Signed October 30, the competitive service. Signed October 31, 1998. 1998. (P.L. 105–327) (P.L. 105–339) S. 2094, to amend the Fish and Wildlife Improve- S. 1722, to amend the Public Health Service Act ment Act of 1978 to enable the Secretary of the In- to revise and extend certain programs with respect terior to more effectively use the proceeds of sales of to women’s health research and prevention activities certain items. Signed October 30, 1998. (P.L. at the National Institutes of Health and the Centers 105–328) for Disease Control and Prevention. Signed October S. 2106, to expand the boundaries of Arches Na- 31, 1998. (P.L. 105–340) tional Park, Utah, to include portions of certain S. 2285, to establish a commission, in honor of drainages that are under the jurisdiction of the Bu- the 150th Anniversary of the Seneca Falls Conven- reau of Land Management, and to include a portion tion, to further protect sites of importance in the of Fish Seep Draw owned by the State of Utah. historic efforts to secure equal rights for women. Signed October 30, 1998. (P.L. 105–329) Signed October 31, 1998. (P.L. 105–341) S. 2193, to implement the provisions of the S. 2240, to establish the Adams National Histori- Trademark Law Treaty. Signed October 30, 1998. cal Park in the Commonwealth of Massachusetts. (P.L. 105–330) Signed November 2, 1998. (P.L. 105–342) H.R. 678, to require the Secretary of the Treasury S. 2246, to amend the Act which establised the to mint coins in commemoration of the sesqui- Frederick Law Olmsted National Historic Site, in centennial of the birth of Thomas Alva Edison, and the Commonwealth of Massachusetts, by modifying to redesign the half dollar circulating coin for 1997 the boundary. Signed November 2, 1998. (P.L. to commemorate Thomas Edison. Signed October 105–343) 31, 1998. (P.L. 105–331) S. 2413, prohibiting the conveyance of Woodland H.R. 1853, to amend the Carl D. Perkins Voca- Lake Park tract in Apache-Sitgreaves National Forest tional and Applied Technology Education Act. in the State of Arizona unless the conveyance is Signed October 31, 1998. (P.L. 105–332) made to the town of Pinetop-Lakeside or authorized H.R. 2000, to amend the Alaska Native Claims Settlement Act to make certain clarifications to the by Act of Congress. Signed November 2, 1998. (P.L. land bank protection provisions. Signed October 31, 105–344) 1998. (P.L. 105–333) S. 2427, to amend the Omnibus Parks and Public H.R. 2327, to provide for a change in the exemp- Lands Management Act of 1996 to extend the legis- tion from the child labor provisions of the Fair Labor lative authority for the Black Patriots Foundation to Standards Act of 1938 for minors between 16 and establish a commemorative work. Signed November 18 years of age who engage in the operation of auto- 2, 1998. (P.L. 105–345) mobiles and trucks. Signed October 31, 1998. (P.L. S. 2505, to direct the Secretary of the Interior to 105–334) convey title to the Tunnison Lab Hagerman Field H.R. 3830, to provide for the exchange of certain Station in Gooding County, Idaho, to the University lands within the State of Utah. Signed October 31, of Idaho. Signed November 2, 1998. (P.L. 105–346) 1998. (P.L. 105–335) S. 2561, to amend the Fair Credit Reporting Act H.R. 3874, to amend the Child Nutrition Act of with respect to furnishing and using consumer re- 1966 to make improvements to the special supple- ports for employment purposes. Signed November 2, mental nutrition program for women, infants, and 1998. (P.L. 105–347) children and to extend the authority of that program S.J. Res. 51, granting the consent of Congress to through fiscal year 2003. Signed October 31, 1998. the Potomac Highlands Airport Authority Compact (P.L. 105–336) entered into between the States of Maryland and H.R. 4259, to allow Haskell Indian Nations Uni- West Virginia. Signed November 2, 1998. (P.L. versity and the Southwestern Indian Polytechnic In- 105–348) stitute each to conduct a demonstration project to S.J. Res. 58, recognizing the accomplishments of test the feasibility and desirability of new personnel Inspector General since their creation in 1978 in management policies and procedures. Signed October preventing and detecting waste, fraud, abuse, and 31, 1998. (P.L. 105–337) mismanagement, and in promoting economy, effi- H.R. 4655, to establish a program to support a ciency, and effectiveness in the Federal Government. transition to democracy in Iraq. Signed October 31, Signed November 2, 1998. (P.L. 105–349) 1998. (P.L. 105–338) H.J. Res. 138, appointing the day for the conven- S. 1021, to amend title 5, United States Code, to ing of the first session of the One Hundred Sixth provide that consideration may not be denied to Congress. Signed November 3, 1998. (P.L. 105–350) D1206 CONGRESSIONAL RECORD — DAILY DIGEST November 12, 1998 S. 538, to authorize the Secretary of the Interior conduct of securities class actions under State law. to convey certain facilities of the Minidoka project Signed November 3, 1998. (P.L. 105–353) to the Burley Irrigation District. Signed November S. 2534, to clarify without substantive change 3, 1998. (P.L. 105– 351) laws related to Patriotic and National Observances, S. 744, to authorize the construction of the Fall Ceremonies, and Organizations and to improve the River Water Users District Rural Water System and United States Code. Signed November 3, 1998. (P.L. authorize financial assistance to the Fall River Water 105–354) Users District, a non-profit corporation, in the plan- H.R. 3910, to authorize the Automobile National ning and construction of the water supply system. Heritage Area. Signed November 6, 1998. (P.L. Signed November 3, 1998. (P.L. 105–352) 105–355) S. 1260, to amend the Securities Act of 1933 and S. 2232, to establish the Little Rock Central High the Securities Exchange Act of 1934 to limit the School National Historic Site in the State of Arkan- sas. Signed November 6, 1998. (P.L. 105–356) November 12, 1998 CONGRESSIONAL RECORD—DAILY DIGEST D1207

Re´sume´ of Congressional Activity

SECOND SESSION OF THE ONE HUNDRED FIFTH CONGRESS The first table gives a comprehensive re´sume´ of all legislative business transacted by the Senate and House. The second table accounts for all nominations submitted to the Senate by the President for Senate confirmation.

DATA ON LEGISLATIVE ACTIVITY DISPOSITION OF EXECUTIVE NOMINATIONS January 27 through October 21, 1998 January 27 through October 21, 1998 Senate House Total Civilian nominations, totaling 460 (including 124 nominations carried Days in session ...... 143 116 . . over from the First Session), disposed of as follows: ′′ ′′ Time in session ...... 1,095 hrs., 05 975 hrs., 23 . . Confirmed ...... 319 Congressional Record: Withdrawn ...... 24 Pages of proceedings ...... 13,004 11,720 . . Returned to White House ...... 114 Extensions of Remarks ...... 2,333 . . Public bills enacted into law ...... 51 135 186 Civilian nominations (FS, PHS, CG, NOAA), totaling 1,532 (includ- Private bills enacted into law ...... ing 86 nominations carried over from the First Session), disposed Bills in conference ...... 5 . . of as follows: Measures passed, total ...... 506 639 1,145 Senate bills ...... 171 92 . . Confirmed ...... 1,526 House bills ...... 157 287 . . Returned to White House ...... 6 Senate joint resolutions ...... 4 4 . . House joint resolutions ...... 10 12 . . Air Force nominations, totaling 6,091 (including 21 nominations Senate concurrent resolutions ...... 30 11 . . carried over from the First Session), disposed of as follows: House concurrent resolutions ...... 25 52 . . Confirmed ...... 6,087 Simple resolutions ...... 109 181 . . Returned to White House ...... 4 Measures reported, total ...... 363 377 740 Senate bills ...... 245 6 . . Army nominations, totaling 5,481 (including 2 nominations carried House bills ...... 79 241 . . over from the First Session), disposed of as follows: Senate joint resolutions ...... 7 . . . . Confirmed ...... 5,478 House joint resolutions ...... 1 4 . . Returned to White House ...... 3 Senate concurrent resolutions ...... 9 . . . . House concurrent resolutions ...... 1 9 . . Simple resolutions ...... 21 117 . . Navy nominations, totaling 5,051 (including 4 nominations carried Special reports ...... 19 19 . . over from the First Session), disposed of as follows: Conference reports ...... 26 . . Confirmed ...... 5,045 Measures pending on calendar ...... 246 87 . . Returned to White House ...... 6 Measures introduced, total ...... 1,321 2,248 3,569 Bills ...... 1,090 1,786 . . Marine Corps nominations, totaling 1,847, disposed of as follows: Joint resolutions ...... 21 32 . . Confirmed ...... 1,847 Concurrent resolutions ...... 60 154 . . Simple resolutions ...... 150 276 . . Summary Quorum calls ...... 4 14 . . Yea-and-nay votes ...... 314 248 . . Total Nominations carried over from the First Session ...... 237 Recorded votes ...... 276 . . Total Nominations received this session ...... 20,225 Bills vetoed ...... 4 . . Total Confirmed ...... 20,302 Vetoes overridden ...... 2 . . Total Withdrawn ...... 27 Total Returned to White House ...... 133 D1208 CONGRESSIONAL RECORD — DAILY DIGEST November 12, 1998

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 12 Noon, Wednesday, January 6, 1999 12 Noon, Wednesday, January 6, 1999

Senate Chamber House Chamber Program for Wednesday: Convening of the first session Program for Wednesday: Convening of the first session of the 106th Congress. of the 106th Congress.

Extensions of Remarks, as inserted in this issue

HOUSE Forbes, Michael P., N.Y., E2314 Rohrabacher, Dana, Calif., E2310 Gekas, George W., Pa., E2309 Roybal-Allard, Lucille, Calif., E2319, E2328 Aderholt, Robert B., Ala., E2314 Gillmor, Paul E., Ohio, E2318, E2320, E2321 Saxton, Jim, N.J., E2307 Barcia, James A., Mich., E2317 Hinchey, Maurice D., N.Y., E2328 Shimkus, John, Ill., E2308 Bentsen, Ken, Tex., E2314 Hinojosa, Rube´n, Tex., E2328 Shuster, Bud, Pa., E2312 Berman, Howard L., Calif., E2315, E2330 Istook, Ernest J., Jr., Okla., E2314 Skeen, Joe, N.M., E2331 Bonior, David E., Mich., E2308 Kingston, Jack, Ga., E2330 Smith, Lamar S., Tex., E2323 Cardin, Benjamin L., Md., E2309 Kucinich, Dennis J., Ohio, E2318, E2320, E2322 Solomon, Gerald B.H., N.Y., E2314 Clay, William (Bill), Mo., E2321 Markey, Edward J., Mass., E2330 Stokes, Louis, Ohio, E2307, E2309, E2311, E2317, E2317, Clement, Bob, Tenn., E2331 Martinez, Matthew G., Calif., E2322 E2319, E2321 Conyers, John, Jr., Mich., E2308 Meek, Carrie P., Fla., E2314 Tauscher, Ellen O., Calif., E2332 Cramer, Robert E. (Bud), Jr., Ala., E2329 Millender-McDonald, Juanita, Calif., E2333 Weygand, Robert A., R.I., E2315 DeLauro, Rosa L., Conn., E2318, E2320, E2321, E2322, Packard, Ron, Calif., E2311 Wolf, Frank R., Va., E2314 E2328, E2329, E2331, E2333 Pascrell, Bill, Jr., N.J., E2307, E2310, E2313 Woolsey, Lynn C., Calif., E2319 Evans, Lane, Ill., E2316 Pelosi, Nancy, Calif., E2322 Wynn, Albert Russell, Md., E2308, E2309 Farr, Sam, Calif., E2318, E2320, E2322 Poshard, Glenn, Ill., E2332 Young, Don, Alaska, E2311

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