2290 CONGRESSIONAL RECORD-HOUSE February 22, 1990 HOUSE OF REPRESENTATIVES-Thursday, February 22, 1990 The House met at 11 a.m. and was I pledge allegiance to the Flag of the and friend, .Mr. Tony Pope, president called to order by the Speaker pro United States of America, and to the Repub­ of Catawba Transportation in Clare­ tempore [Mr. GEPHARDT]. lic for which it stands, one nation under God, indivisible, with liberty and justice for mont, NC. all. We had the opportunity to trade DESIGNATION OF SPEAKER PRO ideas and discuss many issues under TEMPORE consideration by the Congress. One CONGRESSMAN ANNUNZIO WEL­ issue of mutual concern is legislation The SPEAKER pro tempore laid COMES FATHER ANTHONY MI­ being considered by the House Com­ before the House the following com­ CIUNAS mittee on Energy and Commerce, the munication from the Speaker: (Mr. ANNUNZIO asked and was Used Oil Recycling Act of 1989. The WASHINGTON, DC, given permission to address the House bill encourages proper handling and February 22, 1990. for 1 minute and to revise and extend recycling of used oil and prohibits the I hereby designate the Honorable RICHARD A. GEPHARDT to act as Speaker pro tempore his remarks.> Administrator of the Environmental today. Mr. ANNUNZIO. Mr. Speaker, it is a Protection Agency [EPA] from listing THOMAS S. FOLEY, genuine pleasure for me to welcome to used oil as a hazardous waste. Speaker of the House of Representatives. our Nation's Capitol Father Anthony Like Mr. Pope of Claremont, many Miciunas, pastor of St. Peter Church of my constituents back in North in Kenosha, WI, who offered the PRAYER Carolina are interested in a safe, clean, opening prayer. environmentally sound solution to The Reverend Anthony Miciunas, Father Miciunas was born in Og­ managing used oil. St. Peter Church, Kenosha, WI, of­ lesby, IL, on October 8, 1915, and has Generators of used oil vary from fered the following prayer: devoted his life in service to his large companies to the individual who Almighty God, You have given rise church. He attended elementary changes the oil in his or her own auto­ to an array of nations, instilling in school at St. George's and Immaculate mobile. The truck renting and leasing peoples hearts an unquenchable thirst Conception grade schools in , segment generates well over 6 million for freedom, peace, and justice. and attended high school at Marian gallons of used oil on an annual basis. Look graciously upon the plight of Hills High School in Clarendon Hills, The Used Oil Recycling Act mani­ Lithuania, now carrying the heavy IL. From 1935 through 1941, he com­ fests the intention of the Congress, cross of an unjust and illegal occupa­ pleted his seminary studies at Marian and I support its passage. tion, perpetrated by force and deceit. Hill Seminary, and was ordained to Although a small nation, Lithuania's the priesthood on May 26, 1940. gifted and hard-working people have Dedicated to affairs in the Lithuani­ THE HARD WALK TO FREEDOM proven themselves capable of success­ an community, Father Miciunas IN SOUTH AFRICA HAS BEEN fully controlling their own destiny in served as business manager for the SHORTENED BY ONLY A FEW the family of nations. Lithuanian daily newspaper, Draugas, STEPS Give the Lithuanian people strength in Chicago from 1944 through 1952. to bear their heavy trials, especially He has faithfully served as the superi­ Almighty God, bless all those who 1972. He was a consultant at the Mr. KENNEDY. Madam Speaker, no are giving of their time and resources, Marian Fathers World Headquarters one can deny that the recent steps to regain Lithuania's independence. in Rome from 1963 through 1969. taken by President de Klerk mark a Give eternal rest to those who have Father Miciunas also served as significant change in Nationalist Party died for the cause of freedom. May pastor of St. Casimir's Church, in policy in South Africa. The uncondi­ their sacrifices and death not be in Worcester, MA, from 1972 through tional release of Nelson Mandela and vain. Amen. 1987. He was pastor of St. Peter the unconditional call for negotiations Catholic Church in Kenosha from with the ANC and other political orga­ 1952 through 1957, 1960 through 1963 nizations are steps that South Africa­ THE JOURNAL and since October 1, 1987. watchers could hardly have envisioned The SPEAKER pro tempore. The I want to express my genuine thanks just a few weeks ago. Chair has examined the J oumal of to Father Miciunas for being with us However, I simply cannot agree with the last day's proceedings and an­ today, and to wish him continuing suc­ our administration when it tells us nounces to the House his approval cess in his dedicated work to the that the South African Government thereof. church and to the Lithuanian commu­ "has gone a long way toward normaliz­ Pursuant to clause 1, rule I, the nity. ing the political process in South J oumal stands approved. Africa." When close to 85 percent of the pop­ THE USED OIL RECYCLING ACT ulation, because of the color of their PLEDGE OF ALLEGIANCE cannot speak freely, when thousands from Kentucky [Mr. HUBBARD] to lead Mr. BALLENGER. Madam Speaker, of political prisoners remain impris­ the Members in the Pledge of Alle­ during the Washington Day program oned or in exile, when the police and giance. sponsored by the Truck Renting and military are still allowed to roam Mr. HUBBARD led the Pledge of Al­ Leasing Association, I met with ~everal townships like predatory animals, legiance as follows: board members and my constituent maiming and imprisoning innocents

0 This symbol represents the time of day during the House proceedings, e.g., 0 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. February 22, 1990 CONGRESSIONAL RECORD-HOUSE 2291 virtually unchecked, and when black INTENSIFYING SOUTH AFRICAN markable trend toward democracy and citizens are denied the basic human SANCTIONS human rights in areas of the world rights to live and to work where they there is a need to legislate special pro­ apartheid. The freeing of Nelson Man­ IN GUAM AND AMERICAN grams for displaced indigenous groups such dela is a first step on a long path for SAMOA as the Native Americans and the Native Ha­ waiians; the South African Government-until recognize the similar roles Native proposed a Federal "capacity building" Americans, Native Hawaiians, Native Sa­ shortly after midnight on October 28 moans, and the People of Guam have last year, the day the 1989 Flag Pro­ effort to identify and educate gifted and talented children and youth. The played in the history and development of tection Act went into effect, four indi­ the United States; vidualS who enjoy burning the Ameri­ measure was not acted upon by the "(2) authorize and develop a supplemental Senate. educational program to benefit Native Sa­ can flag removed a flag from a flag­ In the 100th Congress, grants for pole at a Seattle, W A, Post Office. moans and the People of Guam; special demonstration programs tar­ "<3> develop creative programs targeted Then, of course, they were thrilled to geted to the unique needs of native toward Samoan families and families of burn the American flag. American Indian and native Hawaiian Guam in the United States; and Yesterday, in the first Federal court gifted and talented elementary school "(4) develop cultural experiences which ruling on the Flag Protection Act of students were authorized in the Au­ will provide cultural growth. 1989, U.S. District Judge Barbara gustus F. Hawkins-Robert T. Stafford "SEC. 1534. PROGRAM AUTHORIZED. Rothstein of Seattle ruled the law we Elementary and Secondary School Im­ " IN GENERAL.-The Secretary shall passed last year is unconstitutional. provement Amendments of 1988, provide grants to, or enter into contracts David Cole of New York, the lawyer Public Law 100-297. with, the American Samoa Government and representing the flag burners, said yes­ The bill I am introducing today the Government of Guam to- terday: "I think it's wonderful • • • would grant opportunities to gifted "<1 > establish on each of those islands a people must be as free to burn the flag and talented elementary and second­ Gifted and Talented Program; and ary students in the territories of "<2> design projects that- as they are to wave it." " address the special needs of Native I can assure these Seattle flag burn­ American Samoa and Guam. With spe­ Samoan elementary and secondary school ers that if they would go and live in cial programs in education that also students and students of Guam who are Tehran, Iran, I know Kentucky con­ address the cultural and historical gifted and talented students, including, but stituents of mine who will buy them backgrounds of these students, it will not limited to, nutritional education prob­ one-way airline tickets to Tehran. be a means to the realization and de­ lems, and problems regarding the knowledge velopment of their potential. As gifted of available community resources; Those of us who were insisting last " provide such support services to fa­ year that we need a constitutional individuals, they embody a valuable untapped resource. Without these pro­ miles as are necessary to enable students to amendment to ban malicious flag benefit from the project, grams, a wealth of talent may go un­ " develop creative programs targeted burning by those who live here but discovered. This measure will provide hate the United States will now double toward Native Samoan families and families a special focus on the truly unique of Guam in the United States, our efforts for a constitutional amend­ needs of the gifted and talented stu­ " provide cultural experiences which ment. dents of our Pacific territories. will facilitate cultural growth, and Question: Is burning down a post Madam Sp~aker, I submit the text of "(E) provide grants or contracts for schol­ office, a Federal building, even the the bill to be printed in the RECORD. arship or fellowship assistance for under­ U.S. Capitol, an expression of free graduate and graduate Native Samoan and speech protected under the first H.R.- students of Guam enrolled in accredited in­ Be it enacted by the Senate and House of stitutions of higher education in the United amendment of our U.S. Constitution? Representatives of the United States of States; The Federal judge in Seattle ruled America in Congress assembled, "(b) SCHOLARSHIPS AND FELLOWSHIPS.­ yesterday: "Burning the flag as an ex­ SECTION 1. Title XV of the Higher Educa­ Scholarships and fellowships received pur­ pression of political dissent does not tion Amendments of 1986 (20 U.S.C. 4401 et suant to subsection <2> shall be award­ jeopardize the freedom we hold dear." seq.) is amended by- ed on the basis of the student's academic The great majority of my constituents <1 > redesignating part C as part D; record and financial need. Such scholar­ <2> redesignating section 1531 as section ships and fellowships shall be subject to the would disagree with the Federal judge. 1541; and recipient's satisfactory academic perform­ We need a constitutional amendment <3> inserting the following new part C ance during the period financial assistance to ban malicious flag burning. after part B: is received. February 22, 1990 CONGRESSIONAL RECORD-HOUSE 2293 "SEC. 1535. USE 0"' FUNDS. Let me explain what I mean by this Mr. DORGAN of North Dakota. "Funds provided under this part may be statement. Solid waste is a national Madam Speaker, the disclosure yester­ used to- problem, and it is a local problem in "(1) identify the special needs of gifted day of a confidential memo by a ciga­ and talented students, particularly at the el­ Louisville and Jefferson County. I rette company is an outrage. The com­ ementary school level, with special consider­ have spent a lot of time talking with pany is apparently proposing to ation given to- Mayor Jerry Abramson and Deputy market a cigarette called "Dakota" "(A) the emotional and psychosocial needs Mayor Joan Riehm and to Rudolph targeted at so-called blue-collar white of such students, and Davidson, who is the head of our Solid women. "(B) the provision of such support services Waste Management Department. to families as are necessary to enable such What a grotesque misuse of the students to benefit from the projects; All of this concern around the coun­ name "Dakota." Dakota represents "(2) make grants, or enter into contracts, try has given spawn to a spate of meet­ clean air, open spaces, and healthy for scholarship or fellowship assistance for ings and seminars on what to do with living. Apparently, some cigarette undergraduate and graduate Native Samoan solid waste, but that only adds to the companies want to use that name, students and students of Guam enrolled in, incoherence and lack of coordination. "Dakota," to sell cigarettes to blue­ or accepted for admission to, accredited in­ I have introduced legislation today collar white women who, as I under­ stitutions of higher education in the United to ask the President to call a White stand it from their literature, "Like to States; House conference on solid waste re­ "(3) appropriate research and evaluation go to tractor pulls." of the activities authorized by this part; and duction and solid waste disposal in I do not care if people choose to "<4> Implement faculty development pro­ order that we might have a safer and smoke, that is their business, but I say grams for the improvement and matricula­ cleaner America in the future. I hope to cigarette companies, "Don't dese­ tion of Native Samoan studentS and stu­ that my colleagues will join me in this crate the word Dakota with the tar of dents of Guam. necessary effort. tobacco aimed at our American "SEC. 1536. ADMINISTRATIVE COSTS. women, a segment of our population "Not more than 7 percent of the amount of funds appropriated to carry out the pro­ SECOND THOUGHTS ABOUT that is experiencing a dramatic in­ visions of this part in any fiscal year may be BLANKET SUPPORT FOR THE crease in the rate of cancer." used for administrative costs. PHILIPPINES I say to them, "If you are looking for "SEC. 1537. DE ..'INITIONS . written genealogical records; many that democracy will succeed in of us who live there." " pt !>lie birth records; or " other public records on file with the the Philippines, but now I am having archivist or High Court of American Samoa. second thoughts about the Philippine H.R. 4003, SEPARATION PAY FOR "(2) The term 'people of Guam' means in­ Government. I was offended at the MILITARY PERSONNEL dividuals who are citizens or nationals of snubbing of the Secretary of Defense. the United States and are descendants of Why was that? Because instead of by- The Philippines gets 95 percent "(A) written genealogical records; more assistance than any other coun­ Mr. SLATTERY. Madam Speaker, "(B) public birth records; or try in the world from United States according to the Department of De­ "(C) other public records on file with the foreign policy interests. It is important fense, 91,000 American troops will be archivist or Superior Court of Guam. that we keep this relationship in per­ released from the armed services by "SEC. 1538. AUTHORIZATION OR APPROPRIATIONS. spective. It is an important relation­ the end of fiscal year 1991. Currently, "There are authorized to be appropriated ship, but pettiness and childishness military officers who are honorably to carry out this part $2,000,000 for each of should not be the staple. discharged receive up to $30,000 in the fiscal years 1990, 1991, 1992, and 1993. Madam Speaker, I am having second separation pay. Enlisted troops receive Such sums shall remain available until ex­ thoughts about blank-check voting for no compensation when they are re­ pended.". everything the Philippines wants, be­ leased from the military services. cause I think if we are going to remain I have introduced H.R. 4003 to end 0 1220 in the Philippines with our bases-and this inequity and to ensure that Amer­ I think we should, and I hope we will­ ican troops who have honorably PROPOSAL FOR A WHITE HOUSE served their country will receive ade­ CONFERENCE ON SOLID it should be in a situation where we are wanted. If the Filipinos do not quate compensation as they adjust to WASTE REDUCTION want us, we should go elsewhere-to civilian life. was a moment of tremendous drama and was given permission to address an excuse to resume trade, business, and excitement as all of those in the House for 1 minute, and to revise and aid with South Africa. British America, who spent many years fight­ and extend his remarks.) Prime Minister Margaret Thatcher ing for his rights and the rights of his Mr. PAYNE of New Jersey. Madam has already lifted sanctions, and to my fellow men and women in South Speaker, as Americans we rejoice in dismay, the Bush administration has Africa, saw the first of our hopes ful­ solidarity with the black majority in indicated that it would like to lift filled. South Africa. The release of Nelson sanctions and has invited South Afri­ Madam Speaker, much remains to be Mandela marks a time when freedom can State President F.W. de Klerk to done before South Africa is a pluralis­ may triumph over oppression, when the United States for an official visit. tic democratic state, an objective all of the walls of racial segregation in The release of Mandela and other us should want to see and do want to South Africa, like the walls of commu­ long-held political prisoners who be­ see. Nelson Mandela, like Vaclav nism in Eastern Europe, may be razed longed to the African National Con­ Havel, is a symbol for the hopes of the to their very foundation. gress and other antiapartheid activist world. Let us continue the pressure In response, President Bush has re­ organizations is indeed a giant step until all in South Africa are free. cently invited Mr. Mandela and Mr. forward, but it is only a step. As Jesse F.W·. de Klerk to Washington to dis­ Jackson has observed, Mandela was re­ cuss the future of South African­ leased from a small prison to a larger FLYAWAY ROBBERY one-the whole of South Africa. As a United States relations. He has taken [Mr. PANETTA] the Committee on the Budget. Current level Speaker, U.S. House of Representatives, is recognized for 5 minutes. reports represent partial fulfillment of this en­ Washington, DC. Mr. PANETTA. Madam Speaker, on behalf forcement responsibility of the Budget Com­ DEAR MR. SPEAKER: On January 30, 1976, of the Committee on the Budget and as chair­ mittee by providing both estimates of enacted the Committee on the Budget outlined the man of the Committee on the Budget, pursu­ aggregate spending and revenues, and, for procedure which it had adopted in connec­ ant to the procedures of the Committee on purposes of determining the applicability of tion with its responsibilities under Section the Budget and section 311 of the Congres­ the section 311 (b) exception, estimates of the 311 of the Congressional Budget Act of sional Budget Act of 1974, as amended, I am relationship between the budgetary effect of 1974, as amended, to provide estimates of the current level of revenues and spending. submitting for printing in the CONGRESSIONAL enacted legislation within a committee's juris­ I am herewith transmitting the status RECORD the official letter to the Speaker ad­ diction, and the allocation of spending author­ report under H. Con. Res. 106, the Concur­ vising him of the current level of spending, ity made to that committee. rent Resolution on the Budget for Fiscal credit, and revenues for fiscal year 1990. This The estimates in this report are based on Year 1990. is the first report of the second session of the economic and technical assumptions in place In the House of Representatives, the pro­ 101 st Congress. at the time of the adoption of the budget reso­ cedural situation with regard to the spend­ The term "current level" refers to the esti­ lution, House Concurrent Resolution 106, on ing ceilings prohibits the consider­ in question based only on enacted law. changes in economic and technical factors ation of a spending or revenue measure Current level reports are intended to provide over which they have no control. Unless the which would cause the ceiling on total new Members information to compare enacted Congress adopts a subsequent budget resolu­ budget authority or total outlays set in the spending and revenues with the aggregate tion for a fiscal year that alters the assump­ budget resolution for a fiscal year to be ex­ ceilings on budget authority, outlays, and reve­ tions concerning legislative actions, commit­ ceeded or would cause total revenues to be nues established in a budget resolution, and tees should be able to expect that measures les::; than the appropriate level set in the budget resolution. Section 31l(b) provides also to compare enacted legislation with the that conform with the budget resolution will an exception to the 31Ha> point of order for allocations of new discretionary budget au­ not be subject to points of order for violation measures which would breach the ceilings thority, entitlement authority, and credit au­ of the Budget Act. To do otherwise and base on total spending in the budget resolution thority made to a committee pursuant to sub­ enforcement on constantly changing econom­ but would not cause a committee to exceed section 302(a) of the Budget Act. This report ic and technical estimates would seriously dis­ its "appropriate allocation" of new discre­ compares the spending, credit, and revenue rupt the legislative process, penalize commit­ tionary budget authority or new entitle­ levels in current level with those assumed in tees that are unable to complete work on leg­ ment authority under Section 302(a) of the the budget resolution for fiscal year 1990- islation within a short period after adoption of Budget Act. The intent of Section 311(b) of the House Concurrent Resolution 106-adopted a budget resolution, and undermine respect Budget Act is to protect a committee that on May 18, 1989. for budget enforcement procedures. has stayed within its spending authority al­ Current level reports provide information In addition to section 311, the Budget Act locations-new discretionary budget author­ that is necessary for enforcing section 311 of contains another point of order that requires ity or new entitlement authority-from the Budget Act. Section 311 (a) prohibits the Budget Committee estimates for enforcement. points of order if the total spending ceilings consideration of a spending or revenue meas­ Section 302(f)(1) of the Budget Act prohibits have been breached for reasons outside of ure if the adoption of that measure would the consideration of a measure providing new its control. The 302(a) allocations to House cause the ceiling on total new budget author­ budget authority, new entitlement authority, or committees made pursuant to the confer­ ence report on H. Con. Res. 106 were print­ ity or total outlays set in the budget resolution new credit authority if the adoption of that ed in the joint explanatory statement of the for a fiscal year to be exceeded or would measure would cause a committee to exceed Committee of Conference in H. Rept. 101- cause revenues to be less than the appropri­ its allocation of new spending or credit author­ 50. s-free from the of the Lithuanian Republic and the station­ family farmers who cannot make it tyranny of the Soviet Union. ing in the Lithuanian Republic of the un­ over the depressions of international It is important that we in Congress limited military contingent were aggressive price movements that we are going to continue to show our support and our acts against a sovereign state, and they cre­ give you a bridge. We are going to give encouragement for the courageous ated the conditions for changing the Lithua­ you some support, at least something people of Lithuania in this struggle, nian government and for organizing elec­ above the cost of production, because and I want to take this opportunity to tions to the so-called People's Diet of Lith­ uania, which adopted a declaration on Lith­ we care whether you survive or perish. thank my colleagues in the House of uania's entry into the USSR under condi­ This country's foodstuffs represent Representatives, who are joining with tions of political diktat and terror. The elec­ the best quality foodstuffs at the me today not only in commemorating tions in 1940 to the People'q Diet were ille­ lowest percent of disposal income of Lithuanian Independence Day, but gal; its decisions about the introduction of any country in the world. That fortu­ also in showing our support for the Stalinist Soviet power in Lithuania and its nate situation will not remain if 2,000 Lithuanian people in their quest for request that Lithuania be admitted into the corporate farmers farm all of America. freedom. USSR have never had and do not have any They will grip that supply like an iron Seventy-two years ago, at the end of legal status. fist, and the price of food will skyrock­ World War I, on February 16, 1918, (3) The legal assessment of the treaties the Lithuanian people regained their entrusted to a commission of the USSR et. We will retain a cheap and high­ Congress of People's Deputies has not yet quality supply of food if we start independence, and began to rebuild been published, while the political [assess­ caring a little about the network of their country from the devastation of ment] has been mentioned merely as a field family farms who produce America's war. Sadly, only a few years later, the for future activities. The governments of food for the rest of the country. country faced the oppression of Sta­ the USSR and [both] Germanies have so Polls show that most American lin's rule, and the occupation of the far neither condemned the agreement nor people support an action by Congress Nazis. Yet, the desire for freedom in taken any concrete measures to eliminate that says it is important to have a net­ an independent Lithuania never wa­ its consequences and the [subsequent] ag­ work of farms in our future, a network vered. gression. The parliament of the Lithuanian During the last several months, ex­ Restructuring Movement believes that the of family farms. nations and governments of the free world We in Congress had better get to traordinary events have taken place ~n will not recognize the criminal effect of the work and resist the efforts of the ad­ Lithuania. On August 23, 1989, on the Soviet-German Pact on Lithuanian sover­ ministration (a) to negotiate away our 50th anniversary of the signing of the eignty [andl invites the Lithuanian nation farm program in Geneva, and (b) to Molotov-Ribbentrop Pact, which ille­ by unified peaceful means to reestablish an further drive down farm prices. Those gally annexed the Baltic States to the independent, democratic Republic of Lith­ efforts are roads to nowhere. We Soviet Union, 220 delegates of the uania not subordinate to the administrative ought to divert a little money from B- Lithuanian Restructuring Movement, system or jurisdiction of the USSR. Lithua­ known as "Sajudis," met to condemn nia's relations with the USSR should be 2's and trips to Mars in space and star based on the basic provisions of the Peace wars and give it to people who make a this pact, and to call for the independ­ Treaty of July 12, 1920. real difference in this country's eco­ ence of the Lithuanian State. At this (4) The present status of Lithuania in the nomic future, the family farmers. point in the RECORD, I would like to world community and in the Soviet Union share with my colleagues this declara­ poses a serious international problem. The tion, and a copy of this statement fol­ day is near when the government of the THE 72D ANNIVERSARY OF lows: USSR will have to acknowledge the occu­ LITHUANIAN INDEPENDENCE "SAJUDIS" PARLIAMENT STATEMENT ON pied status of Lithuania and the necessity of DAY INDEPENDENCE ending that status. At the present time, the presence of an army of occupation in Lith­ The SPEAKER pro tempore. Under A statement of the Parliament of the uania restricts the rights of the people to a previous order of the House, Lhe gen­ Lithuanian Restructuring Movement: decide freely what sort of social and politi­ tleman from Illinois [Mr. ANNUNZIO] is To the nations of the world, the govern­ cal future they desire. More than 1,400,000 recognized for 60 minutes. ment of states, and all people of good will. people in Lithuania have signed statements This year marks the fiftieth anniversary GENERAL LEAVE expressing their opposition to the presence of the signing of the Soviet-German treaty of this army. Mr. ANNUNZIO. Madam Speaker, I and secret protocols on the delineation of ask unanimous consent that all Mem­ spheres of influence in Europe that caused In January, 300,000 Lithuanians bers may have 5 legislative days in the beginning of World War II. Although peacefully gathered in Vilnius Cathe­ which to revise and extend their re­ many countries do not recognize the occupa­ dral Square, during General Secretary marks and to include extraneous m:. .. te­ tion and annexation of Lithuania and the Gorbachev's visit, to demonstrate rial on the subject of my special order other Baltic states, the consequences of their overwhelming support for a free those agreements have not been eliminated and independent Lithuania, and on today. and still determine the life of Lithuania and The SPEAKER pro tempore