S5954 CONGRESSIONAL RECORD — SENATE May 25, 1999 By Mr. NICKLES: SUBMISSION OF CONCURRENT AND communities. And just last week, the S. 1116. A bill to amend the Internal Rev- SENATE RESOLUTIONS Senate approved a juvenile justice bill enue Code of 1986 to exclude income from the containing Charitable Choice for serv- transportation of oil and gas by pipeline The following concurrent resolutions from subpart F income; to the Committee on and Senate resolutions were read, and ices provided to at-risk juveniles, such Finance. referred (or acted upon), as indicated: as counseling for troubled youth. By Mr. LOTT (for himself, Mr. COCH- The Charitable Choice provision in By Mr. SPECTER: RAN, Mr. ROBB, and Mr. JEFFORDS): the 1996 welfare reform law was one S. Con. Res. 34. A concurrent resolution re- S. 1117. A bill to establish the Corinth Unit way to achieve the goal of inviting the of Shiloh National Military Park, in the vi- lating to the observance of ‘‘In Memory’’ Day; to the Committee on the Judiciary. greater participation of charitable and cinity of the city of Corinth, Mississippi, and faith-based organizations in providing in the State of Tennessee, and for other pur- f poses; to the Committee on Energy and Nat- services to the poor. The provision al- ural Resources. STATEMENTS ON INTRODUCED lows charitable and faith-based organi- By Mr. SCHUMER (for himself, Mrs. BILLS AND JOINT RESOLUTIONS zations to compete for contracts and FEINSTEIN, Mr. CHAFEE, Mr. GREGG, By Mr. ASHCROFT: voucher programs on an equal basis Mr. SANTORUM, and Mr. MOYNIHAN): S. 1113. A bill to amend title XXIV of with all other non-governmental pro- S. 118. A bill to amend the Agricultural viders when the state or local govern- Market Transition Act to convert the price the Revised Statutes, relating to civil support program for sugarcane and sugar rights, to prohibit discrimination ment chooses to use private sector pro- beets into a system of solely recourse loans against nongovernmental organiza- viders for delivering welfare services to to provide for the gradual elimination of the tions and certain individuals on the the poor under the Temporary Assist- program; to the Committee on Agriculture, basis of religion in the distribution of ance for Needy Families (TANF) pro- Nutrition, and Forestry. government funds to provide govern- gram. By Mr. BREAUX: In the past three years, we have ment assistance and the distribution of S. 1119. A bill to amend the Act of August begun to hear about how Charitable 9, 1950, to continue funding of the Coastal the assistance, to allow the organiza- Choice is opening doors for the govern- Wetlands Planning, Protection and Restora- tions to accept the funds to provide the ment and communities of faith to work tion Act; to the Committee on Environment assistance to the individuals without together to help our nation’s poor and and Public Works. impairing the religious character of needy gain hope and self-sufficiency. By Mr. TORRICELLI (for himself, Mr. the organizations or the religious free- REED, Mr. LAUTENBERG, Mr. BRYAN, For example, shortly after passage of dom of the individuals, and for other Mrs. BOXER, Mrs. FEINSTEIN, Mr. the federal welfare law, Governor purposes; to the Committee on Govern- DODD, Mr. ROCKEFELLER, Mr. BIDEN, George Bush of Texas signed an execu- mental Affairs. Mr. SCHUMER, Mrs. MURRAY, Mr. DUR- tive order directing ‘‘all pertinent ex- BIN, and Mr. KERRY): CHARITABLE CHOICE EXPANSION ACT OF 1999 ecutive branch agencies to take all S. 1120 A bill to ensure that children en- Mr. ASHCROFT. Mr. President, rolled in medicaid and other Federal means- necessary steps to implement the tested programs at highest risk for lead poi- America’s best ideas for helping the ‘charitable choice’ provision of the fed- soning are identified and treated, and for poor have come from grassroots com- eral welfare law.’’ Cookman United other purposes; to the committee on Fi- munities and private organizations of Methodist Church, a 100 member parish nance. people who know and care about their in Philadelphia, received a state con- Mr. LEAHY: neighbors. These groups see people and tract to run its ‘‘Transitional Journey S. 1121. A bill to amend the Clayton Act to their life experiences, not theories or enhance the authority of the Attorney Gen- Ministry,’’ which provides life and job eral to prevent certain mergers and acquisi- statistics. We have known for years skills to welfare mothers and places tions that would unreasonably limit com- that government solutions have failed them into jobs with benefits. In less petition; to the Committee on the Judiciary. miserably in moving people from de- than a year, the church placed 22 wel- By Mr. STEVENS: pendency and despair to responsibility fare recipients into jobs. Payne Memo- S. 1122. An original bill making appropria- and independence. For years America’s rial Outreach Center, an affiliate of a tions for the Department of Defense for the churches and charities have been lead- Baltimore church, has helped over 450 fiscal year ending September 30, 2000, and for ing the way in helping the poor achieve other purposes; from the Committee on Ap- welfare recipients find jobs under a propriations; placed on the calendar. dignity and self-sufficiency. This is state contract. By Ms. COLLINS (for herself, Mr. why I have been advocating that gov- In light of these success stories FRIST, Mr. ABRAHAM, Ms. SNOWE, Mr. ernment should find ways to help these around the nation, more and more JEFFORDS, and Mr. COVERDELL): organizations unleash the cultural states and counties are beginning to S. 1123. A bill to amend the Federal Food, remedy our society so desperately see what a critical role the faith-based Drug, and Cosmetic Act to improve the safe- needs. community can play in helping people ty of imported food, and for other purposes; Therefore, it was with great interest to the Committee on Agriculture, Nutrition, move off of welfare. They are eager to and Forestry. that I heard about Vice President put the Charitable Choice concept into By Mr. SMITH of New Hampshire (for GORE’s statements Monday in Atlanta action in their communities. himself, Mr. FRIST, Mr. BOND, Ms. expressing his support for Charitable We have always known that Chari- LANDRIEU, Mr. ROBB, Mr. HAGEL, Mr. Choice. The Vice President’s interest table Choice is truly bipartisan in na- BREAUX, Mr. TORRICELLI, Mr. HELMS, in Charitable Choice is welcome news. ture, and has the support of over 35 or- Mr. INHOFE, Mr. DURBIN, and Mr. ED- Governor Bush is in the forefront of ganizations that span a wide political WARDS): Charitable Choice solutions. Truly, S.J. Res. 25. A joint resolution expressing and social spectrum. Members from the sense of Congress with respect to the where once there was contention and both sides of the aisle here in the Sen- court-martial conviction of the late Rear Ad- debate, there now is swelling bipar- ate have voted in support of this provi- miral Charles Butler McVay, III, and calling tisan agreement on the promise of sion. And now, with the Vice Presi- upon the President to award a Presidential Charitable Choice. dent’s support for Charitable Choice, I Unit Citation to the final crew of the U.S.S. Congress has been in the forefront of am reintroducing legislation that I in- Indianapolis; to the Committee on Armed encouraging the type of faith-based so- troduced in the 105th Congress, the Services. lutions that the Vice President was By Mr. SMITH of New Hampshire (for ‘‘Charitable Choice Expansion Act,’’ promoting yesterday in Atlanta. The himself, Mr. FRIST, Mr. BOND, Ms. which would expand the Charitable LANDRIEU, Mr. ROBB, Mr. HAGEL, Mr. 1996 welfare reform law contains the Choice concept across all federally BREAUX, Mr.. TORRICELLI, Mr. HELMS, Charitable Choice provision I authored, funded social service programs. Mr. INHOFE, Mr. DURBIN, Mr. ED- which encourages states to partner The substance of the Charitable WARDS, Mrs. BOXER, and Mr. INOUYE): with faith-based organizations to serve Choice Expansion Act is virtually iden- S.J. Res. 26. A joint resolution expressing welfare recipients with federal dollars. tical to that of the original Charitable the sense of Congress with respect to the Last fall, we expanded Charitable Choice provision of the welfare reform courtmartial conviction of the late Rear Ad- miral Charles Butler McVay, III, and calling Choice to cover services provided under law. The only real difference between upon the President to award a Presidential the Community Services Block Grant the two provisions is that the new bill Unit Citation to the final crew of the U.S.S. program, which provides funds to local covers many more federal programs Indianapolis; read the first time. agencies to alleviate poverty in their than the original provision. May 25, 1999 CONGRESSIONAL RECORD — SENATE S5955 While the original Charitable Choice ‘‘(d) EXCLUSIONS.—As used in subsection vidual described in subsection (g)(3) on the provision applies mainly to the new (c), the term ‘program’ does not include ac- basis of religion, a religious belief, a refusal welfare reform block grant program, tivities carried out under— to hold a religious belief, or a refusal to ac- the Charitable Choice Expansion Act ‘‘(1) Federal programs providing education tively participate in a religious practice. to children eligible to attend elementary ‘‘(2) INDIRECT FORMS OF DISBURSEMENT.—A applies to all federal government pro- schools or secondary schools, as defined in religious organization providing assistance grams in which the government is au- section 14101 of the Elementary and Sec- through a voucher certificate, or other form thorized to use nongovernmental orga- ondary Education Act of 1965 (20 U.S.C. 8801) of indirect disbursement under a program de- nizations to provide federally funded (except for activities to assist students in ob- scribed in subsection (c) shall not deny an in- services to beneficiaries. Some of the taining the recognized equivalents of sec- dividual described in subsection (g)(3) admis- programs that would be covered under ondary school diplomas); sion into such program on the basis of reli- this legislation include housing, sub- ‘‘(2) the Higher Education Act of 1965 (20 gion, a religious belief, or a refusal to hold a U.S.C. 1001 et seq.); religious belief. stance abuse prevention and treat- ‘‘(3) the Head Start Act (42 U.S.C. 9831 et ‘‘(i) FISCAL ACCOUNTABILITY.— ment, seniors services, the Social Serv- seq.); or ‘‘(1) IN GENERAL.—Except as provided in ices Block Grant, abstinence education ‘‘(4) the Child Care and Development Block paragraph (2), any religious organization and child welfare services. Grant Act of 1990 (42 U.S.C. 9858 et seq.). providing assistance under any program de- With this recent expression of bipar- ‘‘(e) RELIGIOUS CHARACTER AND INDEPEND- scribed in subsection (c) shall be subject to tisan support for Charitable Choice ENCE.— the same regulations as other nongovern- from the Vice President, now is the ‘‘(1) IN GENERAL.—A religious organization mental organizations to account in accord that provides assistance under a program de- with generally accepted accounting prin- time for Congress to move quickly to scribed in subsection (c) shall retain its inde- ciples for the use of such funds provided pass the Charitable Choice Expansion pendence from Federal, State, and local gov- under such program. Act, so that we can empower the orga- ernments, including such organization’s con- ‘‘(2) LIMITED AUDIT.—Such organization nizations that are best equipped to in- trol over the definition, development, prac- shall segregate government funds provided still hope and transform lives to ex- tice, and expression of its religious beliefs. under such program into a separate account. pand their good work across the na- ‘‘(2) ADDITIONAL SAFEGUARDS.—Neither the Only the government funds shall be subject tion. Federal Government nor a State or local to audit by the government. ‘‘(j) COMPLIANCE.—A party alleging that Mr. President, I ask unanimous con- government shall require a religious organization— the rights of the party under this section sent that the bill be printed in the ‘‘(A) to alter its form of internal govern- have been violated by a State or local gov- RECORD. ance; or ernment may bring a civil action pursuant There being no objection, the bill was ‘‘(B) to remove religious art, icons, scrip- to section 1979 against the official or govern- ordered to be printed in the RECORD, as ture, or other symbols; ment agency that has allegedly committed follows: in order to be eligible to provide assistance such violation. A party alleging that the S. 1113 under a program described in subsection (c). rights of the party under this section have ‘‘(f) EMPLOYMENT PRACTICES.— been violated by the Federal Government Be it enacted by the Senate and House of Rep- ‘‘(1) TENETS AND TEACHINGS.—A religious may bring a civil action for appropriate re- resentatives of the United States of America in organization that provides assistance under lief in an appropriate Federal district court Congress assembled, a program described in subsection (c) may against the official or government agency SECTION 1. PROVISION OF ASSISTANCE UNDER require that its employees providing assist- that has allegedly committed such violation. GOVERNMENT PROGRAMS BY RELI- ance under such program adhere to the reli- ‘‘(k) LIMITATIONS ON USE OF FUNDS FOR GIOUS ORGANIZATIONS. gious tenets and teachings of such organiza- CERTAIN PURPOSES.—No funds provided Title XXIV of the Revised Statutes is tion, and such organization may require that through a grant or contract to a religious or- amended by inserting after section 1990 (42 those employees adhere to rules forbidding ganization to provide assistance under any U.S.C. 1994) the following: the use of drugs or alcohol. program described in subsection (c) shall be ‘‘SEC. 1994A. CHARITABLE CHOICE. ‘‘(2) TITLE VII EXEMPTION.—The exemption expended for sectarian worship, instruction, ‘‘(a) SHORT TITLE.—This section may be of a religious organization provided under or proselytization. cited as the ‘Charitable Choice Expansion section 702 or 703(e)(2) of the Civil Rights Act ‘‘(l) EFFECT ON STATE AND LOCAL FUNDS.— Act of 1999’. of 1964 (42 U.S.C. 2000e–1, 2000e–2(e)(2)) regard- If a State or local government contributes ‘‘(b) PURPOSE.—The purposes of this sec- ing employment practices shall not be af- State or local funds to carry out a program tion are— fected by the religious organization’s provi- described in subsection (c), the State or local ‘‘(1) to prohibit discrimination against sion of assistance under, or receipt of funds government may segregate the State or local nongovernmental organizations and certain from, a program described in subsection (c). funds from the Federal funds provided to individuals on the basis of religion in the dis- ‘‘(g) RIGHTS OF BENEFICIARIES OF ASSIST- carry out the program or may commingle tribution of government funds to provide ANCE.— the State or local funds with the Federal government assistance and distribution of ‘‘(1) IN GENERAL.—If an individual de- funds. If the State or local government com- the assistance, under government programs scribed in paragraph (3) has an objection to mingles the State or local funds, the provi- described in subsection (c); and the religious character of the organization sions of this section shall apply to the com- ‘‘(2) to allow the organizations to accept from which the individual receives, or would mingled funds in the same manner, and to the funds to provide the assistance to the in- receive, assistance funded under any pro- the same extent, as the provisions apply to dividuals without impairing the religious gram described in subsection (c), the appro- the Federal funds. character of the organizations or the reli- priate Federal, State, or local governmental ‘‘(m) TREATMENT OF INTERMEDIATE CON- gious freedom of the individuals. entity shall provide to such individual (if TRACTORS.—If a nongovernmental organiza- ‘‘(c) RELIGIOUS ORGANIZATIONS INCLUDED AS otherwise eligible for such assistance) within tion (referred to in this subsection as an ‘in- NONGOVERNMENTAL PROVIDERS.—For any pro- a reasonable period of time after the date of termediate organization’), acting under a gram carried out by the Federal Govern- such objection, assistance that— contract or other agreement with the Fed- ment, or by a State or local government ‘‘(A) is from an alternative organization eral Government or a State or local govern- with Federal funds, in which the Federal, that is accessible to the individual; and ment, is given the authority under the con- State, or local government is authorized to ‘‘(B) has a value that is not less than the tract or agreement to select non-govern- use nongovernmental organizations, through value of the assistance that the individual mental organizations to provide assistance contracts, grants, certificates, vouchers, or would have received from such organization. under the programs described in subsection other forms of disbursement, to provide as- ‘‘(2) NOTICE.—The appropriate Federal, (c), the intermediate organization shall have sistance to beneficiaries under the program, State, or local governmental entity shall en- the same duties under this section as the the government shall consider, in the same sure that notice is provided to individuals government but shall retain all other rights basis as other nongovernmental organiza- described in paragraph (3) of the rights of of a nongovernmental organization under tions, religious organizations to provide the such individuals under this section. this section.’’. assistance under the program, so long as the ‘‘(3) INDIVIDUAL DESCRIBED.—An individual program is implemented in a manner con- described in this paragraph is an individual By Mr. ENZI: sistent with the Establishment Clause of the who receives or applies for assistance under S. 1114. A bill to amend the Federal first amendment to the Constitution. Nei- a program described in subsection (c). Mine Safety and Health Act of 1977 to ther the Federal Government nor a State or ‘‘(h) NONDISCRIMINATION AGAINST BENE- establish a more cooperative and effec- local government receiving funds under such FICIARIES.— tive method for rulemaking that takes program shall discriminate against an orga- ‘‘(1) GRANTS AND CONTRACTS.—A religious nization that provides assistance under, or organization providing assistance through a into account the special needs and con- applies to provide assistance under, such pro- grant or contract under a program described cerns of smaller miners; to the Com- gram, on the basis that the organization has in subsection (c) shall not discriminate, in mittee on Health, Education, Labor, a religious character. carrying out the program, against an indi- and Pensions. S5956 CONGRESSIONAL RECORD — SENATE May 25, 1999 THE SMALL MINE ADVOCACY REVIEW PANEL ACT that the Small Miner bill would make rulemaking with respect to mandatory Mr. ENZI. Mr. President, I rise to in- a world of difference. The Noise Rule health or safety standards that takes into troduce the Small Mine Advocacy Re- would have so severe an impact on account the special needs and concerns of view Panel Act, or ‘‘Small Mine,’’ Act smaller mine operators that it is seri- small mine operators. of 1999. ously questionable whether those who SEC. 3 AMENDMENT TO FEDERAL MINE SAFETY Achieving mine safety starts with co- AND HEALTH ACT OF 1997. wrote this rule have ever actually been (a) IN GENERAL.—Section 101(a)(2) of the operation. Cooperation is at the heart to a small mine. The bottom line is Federal Mine Safety and Health Act of 1977 of the safest workplaces, where em- that this rule prohibits small operators (30 U.S.C. 811(a)(2)) is amended by inserting ployers and employees strive to estab- from supplying miners with personal before the last sentence the following: ‘‘The lish open lines of communication on protective equipment, such as ear procedures for gathering comments from safety, to provide and wear the right plugs, until after they have tried to small entities as described in section 609 of protective equipment, and to give and lower the noise level by buying new title 5, United States Code, shall apply under follow effective training. But coopera- and ‘‘quieter’’ machines at incredible this section and small mine operators shall be considered to be small entities for pur- tion can’t stop there. To have safe cost, tinkering with old machines, ro- poses of such section. For purposes of the work sites, there must also be an un- tating employees around to different preceding sentence, the term ‘small mine op- derstanding of what safety rules mean, stations, and implementing all other erator’ has the meaning given the term how they are to be implemented, and ‘‘feasible’’ engineering and administra- ‘small business concern’ under section 3 of what results should be expected. This tive controls. All this despite the fact the Small Business Act (including any rules is the cooperation that should exist be- that many routinely-used machines promulgated by the Small Business Adminis- tween operators and the Mine Safety can never be made to run as quietly as tration) as such term relates to a mining op- and Health Administration, or MSHA, MSHA mandates no matter how much eration.’’. money is spent, and that miners will (b) CONFORMING AMENDMENT.—Section and it cannot be ignored or under- 609(d) of title 5, United States Code, is valued. have to be rotated outside their areas amended by striking ‘‘Agency and’’ and in- The bill I am introducing today in- of training and expertise. serting ‘‘Agency, the Mine Safety and Health serts a new level of cooperation into This proposed rule is in strict opposi- Administration and’’. MSHA’s rulemaking. Called the Small tion to both MSHA’s and OSHA’s cur- Mine Advocacy Review Panel Act, or rent rules which allow miners to wear By Mr. SPECTER: ‘‘Small Mine’’ Act, this bill would man- ear plugs in the first instance. It also S. 1115. A bill to require the Sec- date that MSHA and panels of small totally abandons logic. It’s like pro- retary of Veterans Affairs to establish operators discuss newly proposed rules posing a rule outlawing employees a national cemetery for veterans in the and their potential impact early in the from using steel-toed shoes and instead Pittsburgh, Pennsylvania, area; to the regulatory process. This practice is regulating that nothing may ever fall Committee on Veterans’ Affairs. currently employed by OSHA and EPA on a worker’s foot. It just doesn’t make NATIONAL CEMETERY IN WESTERN and has been of great benefit both for any sense. PENNSYLVANIA the smaller employers and the agency By discussing this rule with small op- Mr. SPECTER. Mr. President, today I because it forces both parties to com- erators early in the rulemaking proc- introduce legislation which will direct ment and respond in an open forum. I ess, cooperative approaches could have the Secretary of Veterans Affairs (VA) have always believed that the simple been flushed out and solutions achieved to establish a national cemetery in the act of talking about safety actually which satisfy both MSHA’s regulatory Pittsburgh area of Western Pennsyl- leads to safety, and I embrace any ap- objectives and minimize the burden on vania. proach that forces those who write the small operators. As evidenced by this As chairman of the Committee on rules and those who must comply with proposed rule, it is clearly insufficient Veterans’ affairs, I make it my respon- them to sit down together and find so- to have a one time ‘‘comment period’’ sibility to see that our nation’s vet- lutions. or even hold public hearings, because erans are cared for after serving honor- The Subcommittee on Employment, the small operator’s perspective is so ably in the Armed Forces. Part of this Safety and Training has a strong inter- noticeably absent from the rulemaking care involves honoring the memory of est in MSHA’s rulemaking procedure as process. It is not enough to claim that their service upon death. Our nation’s it relates to small operators. In addi- safety is paramount while simulta- veterans are an aging population. At tion, I am well aware that the Senate neously operating in a vacuum to pump present, 46% of the area’s veterans pop- Committee on Governmental Affairs out regulations that no one can under- ulation is over age 65. The General Ac- shares this interest as it relates to the stand or implement. Compliance must counting Office (GAO) has estimated Administrative Procedure Act and the be based on an effective working rela- that by the year 2008, the number of Regulatory Flexibility Act. In light of tionship where the goals set by the reg- veterans’ deaths will peak and remain this, as this bill is centered on MSHA’s ulators are understood and achievable at a high level for years afterward. To responsiveness to smaller operators on by the industry being regulated. If op- anticipate the increased demand for matters of safety and health, Chairman erators are responsible for complying burial space and to accommodate fam- THOMPSON has agreed to allow this bill with MSHA’s regulations, then there is ily and friends wanting nearby ceme- to be referred to the Health, Education, no excuse for failing to include them in teries at which to honor and remember Labor and Pensions Committee. the process from Day One. By passing their loved ones, the Congress and VA MSHA has had great success when its the ‘‘Small Mine’’ bill, operators and must act now. rulemakings have been cooperative MSHA would be responsible for work- The legislation that I introduce with operators and miners. MSHA’s ing together to craft rules that will ac- today will alleviate the long overdue draft Part 46 Training rule was devel- tually improve safety. wait for a national cemetery which the oped in collaboration with over fifteen Mr. President. I ask unanimous con- veterans in the western Pennsylvania industry representatives, the Team- sent that the bill be printed in the area have had to endure. Such a ceme- sters, the Boilermakers, and the Labor- RECORD. tery is necessary due to the over 750,000 ers Health & Safety Fund of North There being no objection, the bill was veterans who reside in the area, includ- America. By working together, the co- ordered to be printed in the RECORD, as ing veterans in parts of the neigh- alition came up with a draft that ev- follows: boring states of Ohio, Maryland, and eryone agreed on and that was com- S. 1114 West Virginia. I should also point out pleted by MSHA’s internal deadline. A Be it enacted by the Senate and House of Rep- that Pennsylvania, a state with the true rulemaking success story. resentatives of the United States of America in fifth highest veteran population in the But other MSHA rules, such as Congress assembled, country, has only one national ceme- SECTION 1. SHORT TITLE. MSHA’s proposed Noise Rule, have This Act may be cited as the ‘‘Small Mine tery within its borders open for new abandoned cooperative partnerships Advocacy Review Panel Act’’. burials. This cemetery, at Indiantown with smaller operators and instead em- SEC. 2. PURPOSE. Gap, serves veterans in the eastern por- braced the old ‘‘big brother’’ style of The purpose of this Act is to establish a tion of the Commonwealth and is more regulation. It is in such rulemakings more cooperative and effective method for than 225 miles from Pittsburgh. May 25, 1999 CONGRESSIONAL RECORD — SENATE S5957 In 1987, VA ranked the Pittsburgh- transportation income, however, is nei- CORINTH BATTLEFIELD PRESERVATION ACT OF area among the top ten population cen- ther passive nor easily movable. Pipes 1999 ters most in need of a national ceme- are located where the natural resources Mr. LOTT. Mr. President, 137 years tery. In 1991, VA began the process of and energy needs are—they cannot be ago today, Major General Henry W. cemetery site-selection and Congress placed just anywhere. Further, one a Halleck and his 120,000 man strong appropriated $250,000 for an Environ- pipe is in the ground, it is tough to Union Army commenced the siege of mental Impact Statement. Four poten- move. Corinth, Mississippi. The ensuing six tial sites were identified in the Pitts- Referring to the legislative history, month battle between General burgh area. Despite this headway, con- we find that Congress did not intend Halleck’s federal troops and General P. struction on a national cemetery never these anti-abuse rules to target foreign G. T. Beauregard’s 53,000 Confederate commenced. pipeline transportation income. Rath- defenders marked a turning point in The high veteran population of this er, these rules were intended to reach the war between the states. It was a region has waited far too long to see the significant revenues derived by fierce engagement over a mere 16 the creation of this national cemetery. highly profitable oil related activities square feet parcel. This small piece of Our nation’s veterans, having given so that were sourced to a low-tax country real estate was of critical strategic im- much for us, deserve a proper burial as opposed to the country in which the portance to both the North and the site in the proximity of their homes. oil or gas was extracted or ultimately South. It was in Corinth, Mississippi that Veterans elsewhere around this coun- consumed. Furthermore, it is impor- the Memphis and Charleston and Mo- try take for granted the availability of tant to note that when these anti- bile and Ohio Railroads crossed paths. a nearby national cemetery. If passed, abuse rules were being considered and This vital east-west and north-south this legislation will ensure that what then put into place, pipeline companies railroad junction served as a passage- began over a decade ago will now be- were not engaged in international de- way for troops and supplies moving come reality. velopment activities, rather they were from Illinois to Alabama and from Ten- Mr. President, I ask unanimous con- focused solely on domestic infrastruc- nessee to points further east such as sent that the bill be printed in the ture development. RECORD. South Carolina and Virginia. Today, pipeline companies are con- There being no objection, the bill was Ed Bearss, Chief Historian Emeritus tinuing to actively pursue all develop- ordered to be printed in the RECORD, as of the National Park Service, stated ment opportunities domestically, yet follows: that ‘‘during the Spring of 1862, Cor- they are somewhat limited. The real S. 1115 inth was the most important city in growth for U.S. pipeline companies, the Confederacy and almost the length Be it enacted by the Senate and House of Rep- however, is in the international arena. of the War . . . because of the rail- resentatives of the United States of America in These new opportunities have arisen Congress assembled, roads.’’ In fact, because of its status as from fairly recent efforts by foreign a vital rail hub, the town was occupied SECTION 1. ESTABLISHMENT. countries to privatize their energy sec- (a) IN GENERAL.—The Secretary of Vet- by either Confederate or Union forces erans Affairs shall establish, in accordance tors. from 1861 to 1865. It also served as a with chapter 24 of title 38, United States Enabling U.S. pipeline companies to springboard for the careers of over 200 Code, a national cemetery in the Pittsburgh, engage in energy infrastructure leading Confederate and Federal gen- Pennsylvania, area to serve the needs of vet- projects abroad will result in tremen- erals who were stationed in Corinth at erans and their families. dous benefits back home. For example, one time or another. A figure matched (b) CONSULTATION IN SELECTION OF SITE.— more U.S. employees will be needed to by few other locations. Before selecting the site for the national cemetery established under subsection (a), craft and close deals, to build the Corinth is a city that exemplifies the the Secretary shall consult with appropriate plants and pipelines, and to operate the trials and tribulations experienced by officials of the State of Pennsylvania and facilities. New investment overseas soldiers and civilians throughout the local officials of the Pittsburgh, Pennsyl- also will bring new demands for U.S. Civil War. A town whose railways lied vania, area. equipment. Yet before any of these at the center of a grand military chess (c) REPORT.—As soon as practicable after benefits can be realized, U.S. compa- match. An area, like many others the date of the enactment of this act, the nies must be able to defeat their for- north and south of the Mason-Dixon Secretary shall submit to Congress a report eign competitors and win projects. Un- line, racked by the ravages of war. on the establishment of the national ceme- Even with its new status as a Na- tery under subsection (a). The report shall fortunately, current U.S. tax laws sig- set forth a schedule for the establishment of nificantly hinder the ability of U.S. tional Historic Landmark, Corinth is the cemetery and an estimate of the costs companies to win such projects. still considered a ‘‘Civil War Landmark associated with the establishment of the We must act now if we are to ensure At Risk.’’ The Civil War Sites Advisory cemetery. that U.S. companies remain competi- Commission, chartered by Congress to tive players in the international mar- assess threats to America’s premier By Mr. NICKLES: ketplace. There are incremental, low historic sites, identified Corinth as a S. 1116. A bill to amend the Internal cost, reforms that we can and must priority one battlefield in critical need Revenue Code of 1986 to exclude income make. My legislation—to clarify that of coordinated nationwide action by from the transportation of oil and gas U.S. tax treatment of foreign pipeline the year 2000. Local, state, and na- by pipeline from subpart F income; to transportation income—is one such tional preservation groups agree. And, the Committee on Finance. low-cost reform. so do I. THE FOREIGN PIPELINE TRANSPORTATION Mr. President, today, I am proud and INCOME ACT I urge my colleagues to join me in honored to introduce the Corinth Bat- Mr. NICKLES. Mr. President, I rise this effort to bring current U.S. tax tlefield Preservation Act of 1999. This today to introduce legislation which law in line with good tax policy. It is much needed legislation would provide will right a wrong that has been in the up to us to do all we can to keep Amer- further protection for one of America’s tax code for too long. This legislation ica competitive in the global economy. most important Civil War sites by es- will clarify the U.S. tax treatment of tablishing Corinth as a unit of the Shi- foreign pipeline transportation income. By Mr. LOTT (for himself, Mr. loh National Military Park. This legislation is needed because cur- COCHRAN, Mr. ROBB, and Mr. The 106th Congress needs to add the rent tax law causes active foreign pipe- JEFFORDS): Corinth Battlefield and its surrounding line transportation income to be unin- S. 1117. A bill to establish the Cor- sites to the National Park System tentionally trapped within the anti- inth Unit of Shiloh National Military given the area’s pivotal role in Amer- abuse tax rules of Subpart F. These Park, in the vicinity of the city of Cor- ican history. It is also appropriate for anti-abuse rules were originally estab- inth, Mississippi, and in the State of Congress to establish Corinth as a unit lished to prevent companies from Tennessee, and for other purposes; to of the Shiloh National Military Park avoiding payment of U.S. tax on easily the Committee on Energy and Natural as these two sites were indelibly linked movable and passive income. Pipeline Resources. during the Civil War. The 1862 battle of S5958 CONGRESSIONAL RECORD — SENATE May 25, 1999 Shiloh was actually the first strike in from the battle for Corinth. These tional, and international preservation the Union force’s overall Corinth Cam- earthworks and fortifications are sym- organizations. paign. It was in April 1862, that federal bolic reminders of the epic struggle Along with the strong local support and southern forces competing for con- that ensued between friends and neigh- shown by the residents and local offi- trol over Corinth first struggled in the bors and the Civil War’s lasting impact cials of Corinth and Alcorn County as Battle of Shiloh/Pittsburg Landing. on modern warfare. well as assistance from several Civil The battle for Corinth also had inter- Although, the Battle of Shiloh has War preservation groups, I would also national implications. As a result of been etched into American history as like to take a moment to thank Rose- the Union’s victory, the British gov- part of the Shiloh National Military mary Williams of Corinth, Woody ernment chose not to officially recog- Park, a number of important historic Harrel, Superintendent of the Shiloh nize the Confederacy. sites and resources relating to the pre- Military Park, and Anne Thompson, The conflict in and around Corinth battle and the rest of the Corinth Cam- Manager of the Interim Corinth Civil eventually included the Battles of paign have not been adequately pro- War Interpretive Center. They were in- Iuka, Tupelo, and Brices’ Crossroads, tected or interpreted. Establishing the strumental in assisting with the prepa- as well as engagements in Booneville, Shiloh Nationally Military Park as the ration of this important historic pres- Rienzi, Ripley, and numerous skir- nation’s second Military Park back in ervation legislation. mishes in southwest Tennessee and 1894 was a good start. Now it is time for Mr. President, I also want to thank northeast Alabama. the 106th Congress to complete the my colleagues, Senator COCHRAN, Sen- In 1862, Union General Halleck said preservation effort. Congress needs to ator ROBB, and Senator JEFFORDS, for ‘‘Richmond and Corinth . . . are the give a lasting presence to the Corinth their formal support of this pro-parks, greatest strategic points of the war, Battlefield, a key component of the pro-history measure. and our success at these points should historic Shiloh-Corinth Corridor. I hope that the rest of my colleagues be insured at all hazards.’’ Halleck’s Corinth remains a central transpor- will join with us in taking this nec- subordinate, General Ulysses S. Grant, tation gateway. It serves as a junction essary step to protect our heritage so regarded Corinth as ‘‘the great stra- intersecting Highways 72, running east that our children and grandchildren tegic position in the west between the and west, and Highway 45, which runs can gain an understanding of the strug- Tennessee and Mississippi Rivers and north and south. It is also a mecca for gles of this great nation. Struggles between Nashville and Vicksburg.’’ In dedicated history buffs given the that have help shaped our American arguing for the defense of Corinth, Con- town’s close proximity to Shiloh and democracy and transformed our diverse federate General Beauregard stated to other Civil War sites and its connec- states and peoples into a cohesive and General Samual Cooper, Adjutant and tion to the Corinth Campaign. prosperous union better prepared to Inspector General of the Confederate I am sure that my colleagues will meet the challenges and opportunities States Army that, ‘‘if defeated here [in agree that the sixteen Corinth Civil of the next millennium. Corinth has a Corinth,] we lose the Mississippi Valley War sites designated as National His- story to tell Americans today and in and probably our cause, whereas we toric Landmarks are far too important the future. Corinth merits inclusion in could even afford to lose for a while to be relegated solely to review in his- the Shiloh National Military Park. Charleston and Savannah for the pur- tory books or by professional histo- Mr. President, I ask unanimous con- pose of defeating Buell’s army, which rians. Americans need to see it. sent that the text of the bill be printed would not only insure us the valley of The 106th Congress can and must in the RECORD. the Mississippi, but our independence.’’ highlight the importance of the Siege There being no objection, the bill was Corinth’s strategic importance to both and Battle of Corinth for the millions ordered to be printed in the RECORD, as armies led to some of the bloodiest bat- of adults and children, both American follows: tles in the Western Theater. Tens of and foreign, interested in learning S. 1117 thousands of soldiers were killed or about an essential facet of Americana. Be it enacted by the Senate and House of Rep- wounded in this bitter offensive. For over one hundred years, the resentatives of the United States of America in It was also here that thousands of United States Congress has advanced Congress assembled, war refugees, mostly African-Ameri- the notion that our national interest is SECTION 1. SHORT TITLE. cans from Mississippi, Tennessee, and best served by preserving America’s This act may be cited as the ‘‘Corinth Bat- Alabama, sought shelter with the historic treasures. Not only by ensur- tlefield Preservation Act of 1999’’. Union Army in Corinth. After Presi- ing the proper interpretation of impor- SEC. 2. FINDINGS AND PURPOSES. dent Lincoln’s Emancipation Procla- tant historic events, but also the (a) FINDINGS.—Congress finds that— mation, the federal army created a places—the properties where pivotal (1) in 1996, Congress authorized the estab- model ‘‘Contraband Camp.’’ By the military milestones occurred. lishment and construction of a center— Spring of 1863, the camp housed around As Ed Bearss proclaimed, ‘‘the Battle (A) to facilitate the interpretation of the 4,000 freedmen. Almost half of these of Corinth was the bloodiest battle in Siege and Battle of Corinth and other Civil freedmen joined the ‘‘First Alabama the State of Mississippi. Troops were War actions in the area in and around the Infantry of African Descent’’ which brought from New Orleans, Mobile, city of Corinth, Mississippi; and (B) to enhance public understanding of the later became the ‘‘55th Colored Infan- Texas and Arkansas because Corinth significance of the Corinth campaign and the try.’’ was such an important place. With the Civil War relative to the western theater of Corinth is also one of the few exist- fall of Corinth, Perryville, Kentucky, operations, in cooperation with— ing Civil War sites that boasts extraor- and Antietam, Maryland the Confed- (i) State or local governmental entities; dinary earthworks and fortifications— eracy was lost.’’ We owe it to our an- (ii) private organizations; and many of which remain in pristine con- cestors and to future generations to (iii) individuals; dition. A National Park Service study- protect Corinth and the wealth of Civil (2) the Corinth Battlefield was ranked as a ing authority stated that, ‘‘today the War history that exudes from this priority 1 battlefield having critical need for surviving [Corinth] earthworks are one coordinated nationwide action by the year small town. 2000 by the Civil War Sites Advisory Com- of the largest and best preserved Mr. President, the measure offered mission in its report on Civil War Battle- groups of field fortifications, dating to today is vital to the successful inter- fields of the United States; 1862 in the United States.’’ Unfortu- pretation and preservation of Corinth. (3) there is a national interest in pro- nately, many of these historic re- It builds upon previous efforts and tecting and preserving sites of historic sig- sources, undisturbed for over 130 years, gives Corinth its proper status as one nificance associated with the Civil War; and are now threatened. For example, a 500- of America’s most significant Civil War (4) the States of Mississippi and Tennessee yard section of earthworks was specifi- sites. and their respective local units of cally sold for development. These Mr. President, I ask my colleagues to government— (A) have the authority to prevent or mini- earthworks are important to our na- join with me in support of the Corinth mize adverse uses of these historic resources; tional heritage because they helped Battlefield Preservation Act of 1999. A and shape the face of war from the 1860’s to bipartisan measure which is widely (B) can play a significant role in the pro- today. In fact, trench warfare evolved supported by local, state, regional, na- tection of the historic resources related to May 25, 1999 CONGRESSIONAL RECORD — SENATE S5959 the Civil War battles fought in the area in Act and the laws generally applicable to War Siege and Battle of Corinth in 1862, in- and around the city of Corinth. units of the National Park System, cluding the relationship of the campaign to (b) PURPOSES.—The purposes of this Act including— other operations in the western theater of are— (1) the Act entitled ‘‘An Act to establish a the Civil War that occurred in— (1) to establish the Corinth Unit of the Shi- National Park Service, and for other pur- (A) the area in and around the city of Cor- loh National Military Park— poses’’, approved August 25, 1916 (16 U.S.C. 1 inth; and (A) in the city of Corinth, Mississippi; and et seq.); and (B) the State of Tennessee; (B) in the State of Tennessee; (2) the Act entitled ‘‘An Act to provide for (2) identify alternatives for preserving fea- (2) to direct the Secretary of the Interior the preservation of historic American sites, tures from the Civil War era in the area in to manage, protect, and interpret the re- buildings, objects, and antiquities of na- and around the city of Corinth, including sources associated with the Civil War Siege tional significance, and for other purposes’’, both military and civilian themes and the Battle of Corinth that occurred in approved August 21, 1935 (16 U.S.C. 461 et involving— and around the city of Corinth, in coopera- seq.). (A) the role of the railroad in the Civil War; tion with— (b) DUTIES.—In accordance with section 602 (B) the story of the Corinth contraband (A) the State of Mississippi; of the Omnibus Parks and Public Lands Man- camp; and (B) the State of Tennessee; agement Act of 1996 (16 U.S.C. 430f–5), the (C) the city of Corinth, Mississippi; (C) the development of field fortifications Secretary shall— as a tactic of war; (D) other public entities; and (1) commemorate and interpret, for the (E) the private sector; and (3) identify potential partners that might benefit of visitors and the general public, the support efforts by the Secretary to carry out (3) to authorize a special resource study to Siege and Battle of Corinth and other Civil identify other Civil War sites area in and this Act, including— War actions in the area in and around the (A) State entities and their political sub- around the city of Corinth that— city of Corinth within the larger context of (A) are consistent with the themes of the divisions; the Civil War and American history, includ- (B) historical societies and commissions; Siege and Battle of Corinth; ing the significance of the Civil War Siege (C) civic groups; and (B) meet the criteria for designation as a and Battle of Corinth in 1862 in relation to (D) nonprofit organizations; unit of the National Park System; and other operations in the western theater of (4) identify alternatives to avoid land use (C) are considered appropriate for includ- the Civil War; and conflicts; and ing in the Unit. (2) identify and preserve surviving features (5) include cost estimates for any nec- SEC. 3. DEFINITIONS. from the Civil War era in the area in and essary activity associated with the alter- In this Act: around the city of Corinth, including both natives identified under this subsection, (1) MAP.—The term ‘‘Map’’ means the map military and civilian themes that include— including— entitled ‘‘Corinth Unit’’, numbered 304/80,007, (A) the role of railroads in the Civil War; (A) acquisition; and dated October 1998. (B) the story of the Corinth contraband (B) development; (C) interpretation; (2) PART.—The term ‘‘Park’’ means the camp; and Shiloh National Military Park. (D) operation; and (C) the development of field fortifications (E) maintenance. (3) SECRETARY.—The term ‘‘Secretary’’ as a tactic of war. (c) REPORT.—Not later than 1 year and 180 means the Secretary of the Interior. (c) COOPERATIVE AGREEMENTS.— days after the date on which funds are made (4) UNIT.—The term ‘‘Unit’’ means the Cor- (1) IN GENERAL.—To carry this Act, the available to carry out this section, the Sec- inth Unit of Shiloh National Military Park Secretary may enter into cooperative agree- established under section 4. retary shall submit a report describing the ments with entities in the public and private findings of the study under subsection (a) SEC. 4. ESTABLISHMENT OF UNIT. sectors, including— to— (a) IN GENERAL.—There is established in (A) colleges and universities; (1) the Committee on Energy and Natural the States of Mississippi and Tennessee the (B) historical societies; Resources of the Senate; and Corinth Unit of the Shiloh National Military (C) State and local agencies; and (2) the Committee on Resources of the Park. (D) nonprofit organizations. House of Representatives. (b) COMPOSITION OF UNIT.—The Unit shall (2) TECHNICAL ASSISTANCE.—To develop co- SEC. 8. AUTHORIZATION OF APPROPRIATIONS. be comprised of— operative land use strategies and conduct ac- There are authorized to be appropriated (1) the tract consisting of approximately 20 tivities that facilitate the conservation of such sums as are necessary to carry out this acres generally depicted as ‘‘Park Boundary’’ the historic, cultural, natural, and scenic re- Act, including $3,000,000 for the construction on the Map, and containing— sources of the Unit, the Secretary may pro- of an interpretive center under section 602(d) (A) the Battery Robinett; and vide technical assistance, to the extent that of title VI of the Omnibus Parks and Public (B) the site of the interpretive center au- a recipient of technical assistance is engaged Lands Management Act of 1996 (16 U.S.C. thorized under section 602 of the Omnibus in the protection, interpretation, or com- 430f–59d)). Parks and Public Lands Management Act of memoration of historically significant Civil 1996 (16 U.S.C. 430f–5); and War resources in the area in and around the By Mr. SCHUMER (for himself, (2) any additional land that the Secretary city of Corinth, to— Mrs. FEINSTEIN, Mr. CHAFEE, determines to be suitable for inclusion in the (A) the State of Mississippi (including a Mr. GREGG, Mr. SANTORUM, and Unit that— political subdivision of the State); (A) is under the ownership of a public enti- (B) the State of Tennessee (including a po- Mr. MOYNIHAN): ty or nonprofit organization; and litical subdivision of the State); S. 1118. A bill to amend the Agricul- (B) has been identified by the Siege and (C) a governmental entity; tural Market Transition Act to convert Battle of Corinth National Historic Land- (D) a nonprofit organization; and the price support program for sugar- mark Study, dated January 8, 1991. (E) a private property owner. cane and sugar beets into a system of (c) AVAILABILITY OF MAP.—The Map shall (d) RESOURCES OUTSIDE THE UNIT.—Nothing solely recourse loans to provide for the be on file and available for public inspection in subsection (c)(2) authorizes the Secretary gradual elimination of the program; to in the office of the Director of the National to own or manage any resource outside the Park Service. Unit. the Committee on Agriculture, Nutri- tion, and Forestry. SEC. 5. LAND ACQUISITION. SEC. 7 AUTHORIZATION OF SPECIAL RESOURCE (a) IN GENERAL.—The Secretary may ac- STUDY. SUGAR PROGRAM PHASE OUT LEGISLATION quire land and interests in land within the (a) IN GENERAL.—To determine whether Mr. SCHUMER. Mr. President, today boundary of the Park as depicted on the certain additional properties are appropriate I join with my colleagues Senators Map, by— for inclusion in the Unit, the Secretary shall FEINSTEIN, CHAFEE, GREGG, and (1) donation; conduct a special resource study of land in SANTORUM to introduce legislation that (2) purchase with donated or appropriated and around the city of Corinth, Mississippi, phases out the federal sugar program. funds; or and nearby areas in the State of Tennessee Remember that old story, if you be- (3) exchange. that— (b) EXCEPTION.—Land may be acquired only (1) have a relationship to the Civil War lieve this, I’ve got some swampland to by donation from— Siege and Battle of Corinth in 1862; and sell you in Florida? Boy, I wish I (1) The State of Mississippi (including a po- (2) are under the ownership of— bought some of that swampland and be- litical subdivision of the State); (A) the State of Mississippi (including a came a sugar grower. (2) the State of Tennessee (including a po- political subdivision of the State); It is a can’t miss, can’t lose propo- litical subdivision of the State); or (B) the State of Tennessee (including a po- sition where all of the risk is absorbed (3) the organization known as ‘‘Friends of litical subdivision of the State); by the federal government and all of the Siege and Battle of Corinth’’. (C) a nonprofit organization; or the reward goes to the sugar barons. It SEC. 6. PARK MANAGEMENT AND ADMINISTRA- (D) a private person. TION. (b) CONTENTS OF STUDY.—The study shall— is one of the last vestiges of a central- (a) IN GENERAL.—The Secretary shall ad- (1) identify the full range of resources and ized, subsidized U.S. farm sector which minister the Unit in accordance with this historic themes associated with the Civil has mostly gone by the wayside. S5960 CONGRESSIONAL RECORD — SENATE May 25, 1999 Ten years after the collapse of the ‘‘(1) an amount that bears the same rela- after the 1998/1999 quota year, the President Berlin Wall, Odessa on the Okeechobee tion to the loan rate in effect under sub- shall use all authorities available to the with its generous price supports some- section (a) for a crop as the weighted average President as may be necessary to enable the how still survives. This is a special in- of producer returns for sugar beets bears to Secretary of Agriculture to ensure that ade- the weighted average of producer returns for quate supplies of raw cane sugar are made terest program that benefits a handful sugarcane, expressed on a cents per pound available to the United States market at of sugar barons at the expense of every basis for refined beet sugar and raw cane prices that are not greater than the higher man, woman and child in America. sugar, for the most recent 5-year period for of— Several years ago, the GAO esti- which data are available; and ‘‘(1) the world sugar price (adjusted to a de- mated that consumers paid $1.4 billion ‘‘(2) an amount that covers sugar beet livered basis); or more at the cash register because of processor fixed marketing expenses.’’. ‘‘(2) the raw cane sugar loan rate in effect the sugar price support. Today, because (b) CONVERSION TO RECOURSE LOANS.—Sec- under section 156 of the Agricultural Market tion 156(e) of the Agricultural Market Tran- the world price for sugar is lower and Transition Act (7 U.S.C. 7272), plus inter- sition Act (7 U.S.C. 7272(e)) is amended— est.’’. the price paid in the U.S. is higher, the (1) in paragraph (1), by inserting ‘‘only’’ cost to consumers could be twice as after ‘‘this section’’; and Mrs. FEINSTEIN. Mr. President, I high. (2) by striking paragraphs (2) and (3) and rise in support of legislation sponsored And let’s not forget. It has already inserting the following: by Senator SCHUMER to phase out the cost America thousands of refinery ‘‘(2) NATIONAL LOAN RATES.—Recourse antiquated sugar subsidy. The sugar loans under this section shall be made avail- program is nothing than a system of jobs. And it has already cost the Ever- able at all locations nationally at the rates glades hundreds of acres of pristine wil- import restrictions, subsidized loans, specified in this section, without adjustment and price supports that benefit a lim- derness. In Brooklyn and in Yonkers, to provide regional differentials.’’. we have lost one-third of our refinery (c) CONVERSION TO PRIVATE SECTOR FINANC- ited number of sugar growers. jobs in the last decade. Why? Because ING.—Section 156 of the Agricultural Market I find it incredible that the federal the sugar program is such a bitter deal, Transition Act (7 U.S.C. 7272) is amended— government continues to support a refiners cannot get enough raw cane (1) by redesignating subsection (i) as sub- subsidy program that is driving the do- section (j); sugar to remain open. mestic refinery industry out of exist- (2) by inserting after subsection (h) the fol- ence and costing thousands of good Four years ago, when we came within lowing: five votes in the House of terminating ‘‘(i) CONVERSION TO PRIVATE SECTOR FI- jobs. The US Department of Agri- the sugar program, the world market NANCING.—Notwithstanding any other provi- culture restricts the amount of sugar price for sugar was about ten cents and sion of law— available to domestic refineries. With- the U.S. price about 20 cents. Today ‘‘(1) no processor of any of the 2003 or sub- out sugar, a sugar refinery cannot op- sequent crops of sugarcane or sugar beets erate and that is the result of this mis- the world price is less than a nickel shall be eligible for a loan under this section and the U.S. price is almost a quarter. guided program. with respect to the crops; and It is clear that the U.S. sugar policy In other words, the gulf between the ‘‘(2) the Secretary may not make price sup- free market and the sugar program is port available, whether in the form of loans, has served to strangle this country’s getting wider. payments, purchases, or other operations, sugar refining industry. By limiting Under any reasonable and rational for any of the 2003 and subsequent crops of the amount of raw cane sugar available measure the sugar program should be sugar beets and sugarcane by using the funds for production, there has been a 40 per- repealed. If the issue is jobs, the envi- of the Commodity Credit Corporation or cent decline in jobs in the sugar-cane other funds available to the Secretary.’’; and ronment or the consumer—then we refining industry. Since 1982, nine out (3) in subsection (j) (as redesignated by of twenty one cane sugar refineries in have no choice but to repeal. At all paragraph (1)) by striking ‘‘subsection (f)’’ ends of the political spectrum the an- and inserting ‘‘subsections (f) and (i)’’. the U.S. have been forced out of busi- swer is the same—it’s time to repeal (d) TERMINATION OF MARKETING QUOTAS ness. Those that have remained open the sugar program. AND ALLOTMENTS.— are struggling to survive under onerous Mr. President, I ask unanimous con- (1) TERMINATION.—Part VII of subtitle B of import restrictions. title III of the Agricultural Adjustment Act sent that the text of the bill be printed I first became involved with this of 1938 (7 U.S.C. 1359aa et seq.) is repealed. issue in 1994 when David Koncelik, the in the RECORD. (2) CONFORMING AMENDMENT.—Section There being no objection, the bill was 344(f)(2) of the Agricultural Adjustment Act President and CEO of the California ordered to be printed in the RECORD, as of 1938 (7 U.S.C. 1344(f)(2)) is amended by and Hawaiian Sugar Company, in- follows: striking ‘‘sugar cane for sugar, sugar beets formed me that his refinery was forced S. 1118 for sugar,’’. to temporarily cease operations be- (e) OTHER CONFORMING AMENDMENTS.— cause it had no sugar. Be it enacted by the Senate and House of Rep- (1) PRICE SUPPORT FOR NONBASIC AGRICUL- resentatives of the United States of America in This 93 year old refinery is the Na- TURAL COMMODITIES.— tion’s largest refinery and the only Congress assembled, (A) DESIGNATED NONBASIC AGRICULTURAL SECTION 1. RECOURSE LOANS FOR PROCESSORS COMMODITIES.—Section 201(a) of the Agricul- such facility on the West Coast. C&H OF SUGARCANE AND SUGAR BEETS tural Act of 1949 (7 U.S.C. 1446(a)) is amended refines about 15 percent of the total AND REDUCTION IN LOAN RATES. by striking ‘‘milk, sugar beets, and sugar- cane sugar consumed in the U.S. (a) GRADUAL REDUCTION IN LOAN RATES.— cane’’ and inserting ‘‘, and milk’’. C&H is capable of producing and sell- (1) SUGARCANE PROCESSOR LOANS.—Section (B) OTHER NONBASIC AGRICULTURAL COM- ing 700,000 tons of refined sugar annu- 156(a) of the Agricultural Market Transition MODITIES.—Section 301 of the Agricultural Act (7 U.S.C. 7272(a)) is amended by striking ally. Therefore, the company requires Act of 1949 (7 U.S.C. 1447) is amended by in- in excess of 700,000 tons of raw cane ‘‘equal to 18 cents per pound for raw cane serting ‘‘(other than sugarcane and sugar sugar.’’ and inserting the following: ‘‘, per beets)’’ after ‘‘title II’’. sugar to meet its sales demand. pound for raw cane sugar, equal to the fol- (2) POWERS OF COMMODITY CREDIT CORPORA- Hawaii is C&H’s sole source for its lowing: TION.—Section 5(a) of the Commodity Credit domestic raw cane sugar needs, but Ha- ‘‘(1) In the case of raw cane sugar processed Corporation Charter Act (15 U.S.C. 714c(a)) is waii’s cane sugar industry has been in from the 1996, 1997, or 1998 crop, $0.18. amended by inserting ‘‘(except for the 2003 decline for over 10 years. This has ‘‘(2) In the case of raw cane sugar processed and subsequent crops of sugarcane and sugar meant that C&H is forced to cover over from the 1999 crop, $0.17. beets)’’ after ‘‘agricultural commodities’’. half its annual consumption through ‘‘(3) In the case of raw cane sugar processed (3) SECTION 32 ACTIVITIES.—Section 32 of the from the 2000 crop, $0.16. Act of August 24, 1935 (7 U.S.C. 612c), is imports from other countries. ‘‘(4) In the case of raw cane sugar processed amended in the second sentence of the first The highly restrictive sugar import from the 2001 crop, $0.15. paragraph by inserting ‘‘(other than sugar- system forces C&H to pay an inflated ‘‘(5) In the case of raw cane sugar processed cane and sugar beets)’’ after ‘‘commodity’’ price for raw sugar from both domestic from the 2002 crop, $0.14.’’. the last place it appears. and foreign suppliers. Even more dev- (2) SUGAR BEET PROCESSOR LOANS.—Section (f) ASSURANCE OF ADEQUATE SUPPLIES OF astating, however, the quota system 156(b) of the Agricultural Market Transition SUGAR.—Section 902 of the Food Security limits the amount of sugar available to Act (7 U.S.C. 7272(b)) is amended by striking Act of 1985 (7 U.S.C. 1446g note; Public Law ‘‘equal to 22.9 cents per pound for refined 99–198) is amended by striking subsection (a) the refinery. Simply put, C&H has been beet sugar.’’ and inserting the following: ‘‘, and inserting the following: unable to get enough sugar to refine per pound of refined beet sugar, that ‘‘(a) IN GENERAL.—Beginning with the and it has been forced to close it doors reflects— quota year for sugar imports that begins on several occasions. May 25, 1999 CONGRESSIONAL RECORD — SENATE S5961 The reduced production capacity has The legislation we are introducing eral law. In my own state of New Jer- resulted in a severe downsizing of the will eliminate the sugar subsidy pro- sey, the GAO report showed that only workforce. As recently as 1987, C&H gram by 2002. This is a simple, 39 percent of Medicaid children have employed over 1,400 people. These are straight-forward, and fair way to end a been screened. Despite federal require- not minimum wage jobs we are talking program that has not worked for U.S. ments, for whatever reason—insuffi- about: the average employee in the consumers or workers. cient outreach, lax government over- cane refining industry earns nearly Congress has had opportunities in the sight or parental ignorance, too many $43,000 a year. In 1995, C&H had to past to kill this program and we have kids are not getting screened. eliminate 30 percent of its workforce not taken them. As a result, workers The Children’s Lead SAFE Act would just to remain viable under the quota have lost jobs and consumers have lost address this problem by establishing system mandated by the sugar pro- money. I am pleased to join my col- clear and consistent standards for gram. leagues in saying that enough is screening and treatment and by involv- C&H now employees just over 500 enough. It is time to end the sugar sub- ing all relevant federal health pro- people. These jobs and many others sidy program once and for all. grams in this battle. Our legislation is around the nation are at risk if reforms modeled on the recommendations made are not made to the sugar program. By Mr. TORRICELLI (for himself, by the GAO. The overly restrictive manner that Mr. REED, Mr. LAUTENBERG, Mr. It requires all federal programs serv- the USDA administers the sugar pro- BRYAN, Mrs. BOXER, Mrs. FEIN- ing at-risk kids to be involved in gram has a number of other flaws. The STEIN, Mr. DODD, Mr. ROCKE- screening. It requires State Medicaid sugar program’s existing quota system FELLER, Mr. BIDEN, Mr. SCHU- contracts to explicitly require pro- was put in place in 1982, using trading MER, Mrs. MURRAY, Mr. DURBIN, viders (HMO’s) to follow federal rules patterns dating as far back as 1975. The and Mr. KERRY): for screening and treatment. It expands S. 1120. A bill to ensure that children system has remained largely un- Medicaid coverage to include treat- enrolled in medicaid and other Federal changed over the past 17 years despite ment services and environmental in- means-tested programs at highest risk major alterations in the international vestigations to determine the source of for lead poisoning are identified and sugar market. As a result, the current the poisoning. WIC centers (with 12 treated, and for other purposes; to the import quota system assigns export percent of the at-risk population) will Committee on Finance. rights to countries that don’t grow be required to assess whether a child enough sugar to export or, in some CHILDREN’S LEAD SAFE ACT has been screened and if they have not Mr. TORRICELLI. Mr. President, cases, are net importers themselves. ∑ to provide the necessary referral and today I rise with Senator REED to in- For example, the Philippines are follow-up to ensure that screening oc- troduce legislation that will ensure granted one of the largest export privi- curs. Head Start facilities would simi- that children enrolled in federal health leges under the sugar import quota sys- larly have the responsibility for ensur- care programs receive screening and tem. It, however, does not even grow ing that their children are screened. appropriate care for lead poisoning. enough sugar to meet it own domestics In addition, our legislation would im- Our bill, the ‘‘Children’s Lead SAFE needs. What this means is that the prove data so we can identify problems Act of 1999’’ would go a long way to Philippines sell their homegrown sugar and use that information to educate eliminate childhood lead poisoning. crop to the United States at about 22 We know lead exposure is one of the providers about the extent of the prob- cents a pound. It then buys raw sugar most dangerous health hazards for lem. CDC would develop information- on the world market at around 5 cents young children because their nervous sharing guidelines for State and local a pound. This is ridiculous. We are in systems are still developing. Lead poi- health departments, the labs that per- effect giving money to foreign coun- soning in children causes damage to form the test and federal programs. It tries and forcing domestic consumers the brain and nervous systems, which would also require each State to report to pay the price. leads to IQ loss, impaired physical de- on the percent of the Medicaid popu- Beginning in September of 1994, I velopment and behavioral problems. lation they are screening. have asked the Administration on High levels of exposure can cause Finally, our legislation would make eight separate occasions to reform the comas, convulsions, and even death. sure agencies have sufficient resources sugar program. Simply increasing the Despite our success over the past to do screening by reimbursing WIC amount of sugar available through the twenty years to reduce lead poisoning and Head Start for costs they incur in import program would provide imme- in the U.S., it continues to be the num- screening. The legislation would also diate relief to C&H and the other do- ber one environmental health threat to create a bonus program whereby a mestic refineries. To date, no such per- children, with nearly one million pre- state will receive a per child bonus for manent reform of the program has been schoolers affected. Poor and minority every child it screens above 65 percent made. children are most at-risk because of of its Medicaid population. In addition to choking off the refin- diet and exposure to environmental Mr. President, the health and safety eries’ access to sugar, the US sugar hazards such as old housing. These of our children would be greatly en- policy also has an adverse impact on children frequently live in older hous- hanced with the passage of this impor- US consumers. The General Account- ing which contains cracked or chipped tant legislation. Childhood lead poi- ing Office has found that the program lead paint, where children primarily soning is easily preventable, and there costs sugar users an average of $1.4 bil- contract lead poisoning by ingesting is no excuse for not properly screening lion annually. That equates to $3.8 mil- paint chips or lead dust. and providing care to our kids. Our bill lion a day in hidden sugar taxes. Mr. President, 75 percent of At-Risk would accomplish this and ensure ade- The report found that ‘‘Although the children are enrolled in federal health quate care. I ask my colleagues to join sugar program is considered a no-net- care programs. Kids in these programs me in recognizing this problem and cost program because the government are five times more likely to have high supporting its solution.∑ does not make payments directly to blood levels. In 1992, Congress in- Mr. REED. Mr. President, I rise producers, it places the cost of the structed Health Care Financing Adm. today to introduce legislation with price supports on sweetener users—con- (HCFA) to require States to lead screen Senator TORRICELLI that would ensure sumers and manufacturers of sweet- Medicaid children under the age of two. that children enrolled in federal health ener-containing products—who pay Despite this, the GAO report shows care programs receive screening and higher sugar and sweetener prices.’’ that mandatory screening isn’t hap- appropriate follow-up care for lead poi- What this means is that unlike tradi- pening. Two-thirds of Medicaid chil- soning. Our bill, the ‘‘Children’s Lead tional subsidy programs, the funds do dren have never been screened (as re- SAFE Act of 1999’’ is an effort to elimi- not come directly from the Treasury. quired). And only 20 percent of all chil- nate a disease that continues to wreak Instead, the sugar program places the dren in federal programs have been irreversible damage upon our nation’s cost consumers by restricting the sup- screened. children. ply of available sugar which causes In fact, only half the States have Despite our success over the past higher domestic market prices. screening policies consistent with fed- twenty years to reduce lead poisoning S5962 CONGRESSIONAL RECORD — SENATE May 25, 1999 in the U.S., it continues to be the num- systems to provide state- and commu- The Telecommunications Act of 1996 ber one environmental health threat to nity-level information about the extent passed with the promise of bringing children, with nearly one million pre- to which children have elevated blood competition to benefit American con- schoolers affected. This problem is par- lead levels. It also expands and coordi- sumers. However, this promise has yet ticularly severe among African Amer- nates lead screening and treatment ac- to materialize. ican children who are at five times tivities through other federal programs Since passage of the Telecommuni- higher risk than white children and serving at-risk children such as WIC, cations Act, Southwestern Bell has low-income children are at eight times Early Head Start, and the Maternal merged with PacTel into SBC Corpora- higher risk than children from well-to- and Child Health Block Grant pro- tion, Bell Atlantic has merged into do families. grams. Finally, the bill ties incentives NYNEX, and AT&T has acquired IBM’s Minorities and low-income children for screening to additional federal Global Network, just to name a few. are disproportionately affected by lead funding for cleaning up lead-contami- Just last week it was reported that poisoning because they frequently live nated houses. U.S. West reached an agreement to in older housing which contains Mr. President, we propose this legis- merge with the telecommunications cracked or chipped lead paint, where lation in an effort to rid children of the company Global Crossing. children primarily contract lead poi- detrimental effects of lead poisoning. The U.S. Justice Department didn’t soning by ingesting paint chips or lead Every child has a right to screening spend years dividing up Ma Bell just to dust. and follow-up care. This bill will sig- see it grow back together again under If undetected, lead poisoning can nificantly increase the number of the guise of the 1996 Telecommuni- cause brain and nervous system dam- poisoned children who are screened and cations Act. age, behavior and learning problems treated and help communities, parents, I am very concerned that the con- and possibly death. and physicians to take advantage of centration of ownership in the tele- Research shows that children with every opportunity that they have to communications industry is proceeding elevated blood-lead levels are seven detect and treat lead poisoning before faster than the growth of competition. times more likely to drop out of high its irreversible effects set in. Old monopolies are simply regrouping school and six times more likely to I ask by unanimous consent that the and getting bigger and bigger. have reading disabilities. It costs an text of this bill be printed in the Before all the pieces of Ma Bell are average of $10,000 more a year to edu- RECORD. put together again, Congress should re- cate a lead-poisoned child. We will con- There being no objection, the bill was visit the Telecommunications Act. To tinue to pay for our failure to eradicate ordered to be printed in the RECORD, as ensure competition between Bell Oper- this preventable tragedy through costs follows: ating Companies and long distance and to our education and health care sys- The bill was not available for print- other companies, as contemplated by tem, and losses in lifetime earnings, ing. It will appear in a future issue of passage of this law, we need clearer unless we act now to protect our chil- the RECORD. guidelines and better incentives. Spe- dren. cifically, we should ensure that Bell As I mentioned, this disease is en- By Mr. LEAHY: Operating Companies do not gain more tirely preventable, making its preva- S 1121. A bill to amend the Clayton concentrated control over huge per- lence among children all the more frus- Act to enhance the authority of the At- centages of the telephone access lines trating. We do have solutions—parents torney General to prevent certain of this country through mergers, but who are aware, housing that is safe, mergers and acquisitions that would only through robust competition. and effective screening and treatment unreasonably limit competition; to the Today I am reintroducing antitrust for children who are at risk—to name a Committee on the Judiciary. legislation that will bar future mergers few. ANTITRUST IMPROVEMENTS ACT OF 1999 between Bell Operating Companies or Unfortunately, our current system is Mr. LEAHY. Mr. President, we are GTE, unless the federal requirements not adequately protecting our children. living in a time of mega-mergers, and for opening the local loop to competi- In January 1999, the General Account- they are coming from all directions. tion have been satisfied in at least half ing Office reported that children in fed- Chrysler and Daimler-Benz automobile of the access lines in each State. erally funded health care programs companies finalized their merger last The bill provides that a ‘‘large local such as Medicaid, Women Infant and year. In the computer world, AOL com- telephone company’’ may not merge Child (WIC) and the Health Centers pleted its purchase of Netscape just a with another large local telephone program, are five times more likely to few months ago. And in the largest cor- company unless the Attorney General have elevated blood lead levels. The re- porate merger ever, Exxon Corporation finds that the merger will promote port also found that despite long- announced its plan to acquire Mobil at competition for telephone exchange standing federal requirements, two- a price tag of over $75 billion, thus cre- services and exchange access services. thirds of the children in these pro- ating the world’s biggest private oil Also, before a merger can take place, grams—more than 400,000—have never company, Exxon Mobil Corporation. the Federal Communications Commis- been screen and, consequently, remain While these mega-mergers have cut a sion must find that each large local untreated. swath across a number of industries, telephone company has for at least Early detection of lead poisoning is the consolidations that continue to one-half of the access lines in each critical to ensure that a child is re- raise the most questions in my mind State served by such carrier, of which moved from the source of exposure and are those that involve incumbent mo- as least one-half are residential access to determine whether other children, nopolies. For example, the mergers lines, fully implemented the require- such as siblings or friends, have also among Regional Bell Operating Compa- ments of sections 251 and 252 of the been exposed. Screening is also impor- nies, which continue to have a virtual Communications Act of 1934. tant to determine whether a child’s stranglehold on the local telephone The bill requires that each large lead poisoning is so severe as to require loop, pose a great threat to healthy local telephone company that wishes to medical management to mitigate the competition in the telecommuni- merge with another must file an appli- long-term health and developmental ef- cations industry. cation with the Attorney General and fects of lead. Indeed, incumbent telephone compa- the FCC. A review of these applications Mr. President, our comprehensive nies still control more than 99% of the will be subject to the same time limits legislation is designed to make sure no local residential telephone markets. set under the Hart-Scott-Rodino Anti- child falls through the cracks, by es- As I said last Congress, and it is still trust Improvements Act of 1976. tablishing clear and consistent stand- the case today, at my farm in Mid- The bill also provides that nothing in ards for screening and treatment and dlesex and at my home here in Vir- this Act shall be construed to modify, by holding accountable those who are ginia, I have only one choice for dial- impair, or supersede the applicability responsible for carrying out the re- tone and local telephone service. That of the antitrust laws of the United quirements. The legislation supports ‘‘choice’’ is the Bell operating company States, or any authority of the Federal improved management information or no service at all. Communications Commission, or any May 25, 1999 CONGRESSIONAL RECORD — SENATE S5963 authority of the States with respect to or acquisition with both the Attorney Gen- ports have caused illnesses rarely seen mergers and acquisitions of large local eral and the Federal Communication Com- in the United States and can be ex- telephone companies. mission on the same day. tremely difficult, if not impossible, for ‘‘(2) The Attorney General and the Federal The bill is effective on enactment consumers to detect. Communication Commission shall issue a de- I first became interested in this issue and has no retroactive effect. It is en- cision regarding the application within the forceable by the Attorney General in time period applicable to review of mergers when I learned that fruit from Mexico federal district courts. under section 7A. and Guatemala was associated with This bill has the potential to make ‘‘(e)(1) The district courts of the United three multi-state outbreaks of the 1996 Telecommunications Act fi- States are vested with jurisdiction to pre- foodborne illesses—one of hepatitis A nally live up to some of its promises. vent and restrain any mergers or acquisi- and two of Cyclospora infection—that Mr. President, I ask unanimous con- tions described in subsection (d) that are in- sickened thousands of Americans. consistent with a finding under paragraph (1) These outbreaks included victims in sent that the text of the bill be printed or (2) of subsection (b). in the RECORD. my home State of Maine. ‘‘(2) The Attorney General may institute In my State’s grocery stores, as in There being no objection, the bill was proceedings in any district court of the any typical American grocery store, ordered to be printed in the RECORD, as United States in the district in which the de- follows: fendant resides or is found or has an agent the fresh fruit and vegetables that are and that court shall order such injunctive, available during the winter months S. 1121 and other relief, as may be appropriate if— come from many other countries. In Be it enacted by the Senate and House of Rep- ‘‘(A) the Attorney General makes a finding many ways, imported food is a blessing resentatives of the United States of America in that a proposed merger or acquisition cov- for American consumers. Fruit and Congress assembled, ered by an application under subsection (d) vegetables that would normally be un- SECTION 1. SHORT TITLE. does not meet the condition specified in sub- available in our local grocery stores This Act may be cited as the ‘‘Antitrust section (b)(1); or Improvements Act of 1999’’. ‘‘(B) The Federal Communications Com- during the winter months are now available all year long, making it easi- SEC. 2. PURPOSE mission makes a finding that 1 or more of er and more enjoyable to eat the five The purpose of this Act is to enhance the the parties to the proposed merger or acqui- authority of the Attorney General to prevent sition do not meet the requirements speci- servings of fruit and vegetables a day certain mergers and acquisitions that would fied in subsection (b)(2).’’. the National Cancer Institute rec- unreasonably limit competition in the tele- SEC. 4 PRESERVATION OF EXISTING AUTHORI- ommends. But, it’s only a blessing if communications industry in any case in TIES. the food is safe. Even one serving of which certain Federal requirements that (1) IN GENERAL.—Nothing in this Act or the tainted food can cause sickness and would enhance competition are not met. amendment made by section 3(2) shall be construed to modify, impair, or supersede even death. SEC. 3. RESTRAINT OF TRADE. the applicability of the antitrust laws, or The Food and Drug Administration The Clayton Act (15 U.S.C. 12 et seq.) is any authority of the Federal Communication (FDA) reports that the increasing im- amended— Commission under the Communication Act portation of produce is a trend that is (1) by redesignating section 27 (as des- of 1934 (47 U.S.C. 151 et. seq.), with respect to expected to continue. In 1996, the U.S. ignated by section 2 of Public Law 96–493) as mergers, acquisitions, and affiliations of imported $7.2 billion worth of fruit and section 29; and large local exchange carriers. vegetables from at least 90 different (2) by inserting after section 27 (as added (b) ANTITRUST LAWS DEFINED.—In this sec- by the Curt Flood Act of 1998 (Public Law countries, a dramatic increase from the tion, the term ‘‘antitrust laws’’ has the 1990 level of $4.8 billion. Total food im- 105–297)) the following new section: meaning given that term in the first section ‘‘SEC. 28. (a) In this section, the term ‘large of the Clayton Act (15 U.S.C. 12). ports have increased from 1.1 million local telephone company’ means a local tele- SEC 5. APPLICABILITY shipments in 1992 to 2.7 million in 1997. phone company that, as of the date of a pro- This Act and the amendment made by sec- And, of all the fish and shellfish con- posed merger or acquisition covered by this tion 3(2) shall apply to a merger or acquisi- sumed in the U.S., more than half is section, serves more than 5 percent of the tion of a controlling interest of a large local imported. telephone access lines in the United States. telephone company (as that term is defined Yet, the FDA annually inspects less ‘‘(b) Notwithstanding any other provision in section 27 of the Clayton Act, as added by than 2 percent of the 2.7 million ship- of law, a large local telephone company, in- such section 3(2)), occurring on or after the ments of food that arrive in the U.S. cluding any affiliate of such a company, date of the enactment of this Act. shall not merge with or acquire a controlling And of the small number of shipments that are inspected, only about a third interest in another large local telephone By Ms. COLLINS (for herself, Mr. company unless— are tested for some of the most signifi- FRIST, Mr. ABRAHAM, Ms. ‘‘(1) the Attorney General finds that the cant pathogens. What’s more, even SNOWE, Mr. JEFFORDS, and Mr. proposed merger or acquisition will promote when the FDA does catch contami- competition for telephone exchange services COVERDELL): nated food, the system often fails to S. 1123. A bill to amend the Federal and exchange access services; and dispose of it adequately. Indeed, ac- Food, Drug, and Cosmetic Act to im- ‘‘(2) The Federal Communication Commis- cording to one survey conducted by the sion finds that each large local telephone prove the safety of imported food, and Customs Service in 1997, as many as 70 company that is a party to the proposed for other purposes; to the Committee percent of the imported food shipments merger or acquisition, with respect to at on Agriculture, Nutrition, and For- 1 the FDA ordered re-exported or de- least ⁄2 of the access lines in each State estry. served by that company, of which at least 1⁄2 stroyed may have ended up in U.S. are residential access lines, has fully imple- IMPORTED FOOD SAFETY IMPROVEMENT ACT commerce any way. Unscrupulous food mented the requirements of sections 251 and ∑ Ms. COLLINS. Mr. President, food importers can easily circumvent the 252 of the Communications Act of 1934 (47 safety is a serious and growing public inspection system. U.S.C. 251, 252), including the regulations of health concern. According to the Gen- Mr. President, to respond to these the Commission and of the States that im- eral Accounting Office (GAO), as many problems, I am introducing the Im- plemented those requirements. as 81 million cases of foodborne illness ported Food Safety Improvement Act, ‘‘(c) Not later than 10 days after the Attor- and 9,000 related deaths occur in the ney General makes a finding described in with Senator FRIST, Senator ABRAHAM, subsection (b)(1), the Attorney General shall U.S. every year. Most at risk are the Senator COVERDELL, Senator JEFFORDS, submit to the Committee on the Judiciary of very old, the very young, and the very and Senator SNOWE as original cospon- the Senate and the Committee on the Judici- ill. While these statistics refer to all sors. ary of the House of Representatives a report cases of foodborne illness, recent out- Our legislation is an effort designed on the finding, including an analysis of the breaks demonstrate that tainted im- to strengthen the existing food import effect of the merger or acquisition on com- ported foods have increased the inci- system to help ensure that unsafe food petition in the United States telecommuni- dence of illness and have exposed does not enter the United States. Our cations industry. American consumers to new pathogens. goal is to reduce the incidence of ‘‘(d)(1) Each large local telephone company The volume of imported foods con- or affiliate of a large local telephone com- foodborne illnesses and to ensure that pany proposing the merge with or acquire a tinues to grow, yet our current food American families can enjoy a variety controlling interest in another large local import system is riddled with holes of foods year-round without the risk of telephone company shall file an application which allow unsafe food to penetrate illness when they sit down to the din- under this section with respect to the merger our borders. Contaminated food im- ner table. S5964 CONGRESSIONAL RECORD — SENATE May 25, 1999 This legislation is the product of an and illustrates the challenges facing Weak import controls make our sys- extensive investigation by the Perma- federal regulators who are charged tem all too easy to circumvent. After nent Subcommittee on Investigations, with ensuring the safety of our na- all, FDA only physically inspects about which I chair. During the 105th Con- tion’s food supply. 17 of every 1,000 food shipments and, of gress, the Subcommittee undertook a In 1996, federal inspectors along our the food inspected, only about a third 16-month, in-depth investigation into border with Mexico opened a shipment is actually tested. That is why we have the safety of food imports. During five of seafood destined for sales to res- worked with the FDA, the Customs days of Subcommittee hearings, we taurants in Los Angeles. The shipment Service, and the Centers for Disease heard testimony from 29 witnesses, in- was dangerously tainted with life- Control (CDC) to ensure that our legis- cluding scientists, industry and con- threatening contaminants, including lation addresses many of the issues ex- sumer representatives, government of- botulism, Salmonella, and just plain plored over the course of the Sub- ficials, the General Accounting Office, filth. Much to the surprise of the in- committee’s investigation and hear- and two persons with first-hand knowl- spectors, this shipment of frozen fish ings. Let me describe what this bill is edge of the seamier side of the im- had been inspected before by federal designed to accomplish. ported food industry, a convicted Cus- authorities. Alarmingly, in fact, it had Our legislation will fill the existing toms broker and a convicted former arrived at our border two years before, gaps in the food import system and FDA inspector. As a result of the com- and had been rejected by the FDA as provide the FDA with certain stronger pelling testimony that we heard, I have unfit for consumption. Its importers authority to protect American con- worked with my colleagues in drafting then held this rotten shipment for two sumers against tainted food imports. the legislation we introduce today—the years before attempting to bring it First and foremost, this bill gives the Imported Food Safety Improvement into the country again, by a different FDA the authority to stop such food Act—to address a broad array of prob- route. from entering our country. This au- lems uncovered during the Subcommit- The inspectors only narrowly pre- thority allows the FDA to deny the tee’s investigation. vented this poisoned fish from reaching entry of imported food that has caused My Subcommittee’s investigation American plates. And what happened repeated outbreaks of foodborne ill- has revealed much about the food we to the importer who tried to sell this nesses, presents a reasonable prob- import into this country and the gov- deadly food to American consumers? In ability of causing serious adverse ernment’s flawed food safety net. Let effect, nothing. He was placed on pro- health consequences, and is likely me briefly recount some of our findings bation and asked to perform 50 hours of without systemic changes to cause dis- which make it clear why this legisla- community service. ease again. tion is so urgently needed: I suppose we should be thankful that Second, this legislation includes the In the worlds of the GAO, ‘‘federal ef- the perpetrators were caught and held authority for the FDA to require se- forts to ensure the safety of imported responsible. After all, the unsafe food cure storage of shipments offered by re- food are inconsistent and unreliable.’’ might have escaped detection and peat offenders prior to their release Federal agencies have not effectively reached our tables. But it worries me into commerce, to prohibit the prac- targeted their resources on imported that the importer essentially received tice of ‘‘port-shopping,’’ and to mark foods posing the greatest risks; a slap on the wrist. I believe that for- boxes containing violative foods as Weaknesses in FDA import controls, feiting the small amount of money cur- ‘‘U.S.—Refused Entry.’’ This latter au- specifically the ability of importers to rently required for the Custom’s bond, thority, which would allow the FDA to control the food shipments from the which importers now consider no more clearly mark boxes containing con- port to the point of distribution, makes than a ‘‘cost of doing business,’’ does taminated foods, is currently used with the system vulnerable to fraud and de- little to deter unscrupulous importers success by the U.S. Department of Ag- ception; from trying to slip tainted fish that is riculture, and has been requested spe- The bonds required to be posted by two years old past overworked Customs cifically by the FDA. Our bill also will importers who violate food safety laws agents. require the destruction of certain im- are so low that they are considered by All too often, unscrupulous importers ported foods that cannot be adequately some unscrupulous importers at the are never discovered. The General Ac- reconditioned to ensure safety. Third, cost of doing business; counting Office testified about a spe- the legislation directs the FDA to de- Maintaining the food safety net for cial operation known as Operation Bad velop criteria for use by private labora- imported food is an increasingly com- Apple, conducted by Customs at the tories used to collect and analyze sam- plex task, made more complicated by Port of San Francisco in 1997, identi- ples of food offered for import. This previously unknown foodborne patho- fied 23 weaknesses in the controls over will ensure the integrity of the testing gens, like Cyclospora, that are difficult FDA-regulated imported food. For ex- process. to detect; ample, under current law, importers re- Fourth, the bill will give ‘‘teeth’’ to Because some imported food can be tain custody of their shipments from the current food import system by es- contaminated by organisms that can- the time they arrive at the border. The tablishing two strong deterrents—the not be detected by visual inspection or importers must also put up a bond and threats of high bonds and of debar- laboratory tests, placing additional agree to ‘‘redeliver’’ the shipment to ment—for unscrupulous importers who federal inspectors at ports-of-entry Customs, for reexport or destruction, if repeatedly violate U.S. law. No longer alone will not protect Americans from ordered to do so or forfeit the bond. will the industry’s ‘‘bad actors’’ be able unsafe food imports; and However, Operation Bad Apple revealed to profit from endangering the health Since contamination of imported a very disturbing fact. Of the ship- of American consumers. food can occur at many different places ments found to violate U.S. standards, Finally, our bill will authorize the from the farm to the table, the ability thereby requiring redelivery to Cus- CDC to award grants to state and local to trace-back outbreaks of foodborne toms for destruction or re-export, a full public health agencies to strengthen illnesses to the source of contamina- 40 percent were never returned. The the public health infrastructure by up- tion is a complex process that requires Customs Service believes an additional dating essential items such as labora- a more coordinated effort among the 30 percent of shipments that the FDA tory and electronic-reporting equip- federal, state, and local agencies as required to be returned contained good ment. Grants will also be available for well as improved education for health products that the importers had sub- universities to develop new and im- care providers so that they can better stituted for the original bad products. proved tests to detect pathogens and recognize and treat foodborne illnesses. Customs further believes that the vio- for professional schools and profes- The testimony that I heard during lative products were on their way to sional societies to develop programs to my Subcommittee’s hearings was trou- the marketplace. This means that a increase the awareness of foodborne ill- bling. The United States Customs Serv- total of 70 percent of products ordered ness among healthcare providers and ice told us of one particularly egre- returned, because they were unsafe, the public. gious situation that I would like to presumably entered into U.S. com- We believe the measures provided for share. It involves contaminated fish merce. in this legislation will help to curtail May 25, 1999 CONGRESSIONAL RECORD — SENATE S5965 the risks that unsafe food imports cur- A 1920 graduate of the U.S. Naval assistance and report. En route to the rently pose to our citizens, particularly Academy, Charles Butler McVay III scene the pilot overflew the destroyer our elderly, our children and our sick. was a career naval officer with an ex- U.S.S. Cecil Doyle ( DD–368), and alerted I appreciate the advice and input we emplary record, including participa- her captain to the emergency. The cap- have received from scientists, industry tion in the landings in North Africa tain of the Doyle, on his own authority, and consumer groups, and the FDA, the and award of the Silver Star for cour- decided to divert to the scene. CDC and the U.S. Customs Service in age under fire earned during the Arriving hours ahead of the Doyle, drafting this legislation. Soloman Islands campaign. Before tak- the seaplane’s crew began dropping We are truly fortunate that the ing command of the Indianapolis in No- rubber rafts and supplies. While doing American food supply is one of the vember 1944, Captain McVay was chair- so, they observed men being attacked safest in the world. But, our system for man of the Joint Intelligence Com- by sharks. Disregarding standing or- safeguarding our people from tainted mittee of the Combined Chiefs of Staff ders not to land at sea, the plane land- food imports is flawed and poses need- in Washington, the Allies’ highest in- ed and began taxiing to pick up the less risks of serious foodborne illnesses. telligence unit. stragglers and lone swimmers who were I believe it is the responsibility of Con- Captain McVay led the ship through at greatest risk of shark attack. gress to provide our federal agencies the invasion of Iwo Jima, then the As darkness fell, the crew of the sea- with the direction, authority, and re- bombardment of Okinawa in the spring plane waited for help to arrive, all the sources necessary to keep unsafe food of 1945 during which Indianapolis’ anti- while continuing to seek out and pull out of the United States and off Amer- aircraft guns shot down seven enemy nearly dead men from the water. When ican dinner tables.∑ planes before the ship was severely the plane’s fuselage was full, survivors damaged. McVay returned the ship were tied to the wing with parachute By Mr. SMITH of New Hampshire safely to Mare Island in California for cord. The plane’s crew rescued 56 men (for himself, Mr. FRIST, Mr. repairs. that day. BOND, Ms. LANDRIEU, Mr. ROBB, In 1945, the Indianapolis delivered the The Cecil Doyle was the first vessel on Mr. HAGEL, Mr. BREAUX, Mr. world’s first operational atomic bomb the scene, and began taking survivors TORRICELLI, Mr. HELMS, Mr. to the island of Tinian, which would aboard. Disregarding the safety of his INHOFE, Mr. DURBIN, and Mr. later be dropped on Hiroshima by the own vessel, the Doyle’s captain pointed EDWARDS). Enola Gay on August 6. After delivering his largest searchlight into the night S.J. Res. S. 25. A joint resolution ex- its fateful cargo, the Indianapolis then sky to serve as a beacon for other res- pressing the sense of Congress with re- reported to the naval station at Guam cue vessels. This beacon was the first spect to the court-marital conviction for further orders. She was ordered to indication to the survivors that their of the late Rear Admiral Charles But- join the battleship U.S.S. Idaho in the prayers had been answered. Help had at ler McVay III, and calling upon the Philippines to prepare for the invasion last arrived. President to award a Presidential Unit of Japan. Of the 900 who made it into the water Citation to the final crew of the U.S.S. It was at Guam that the series of only 317 remained alive. After almost Indianapolis; to the Committee on events ultimately leading to the sink- five days of constant shark attacks, Armed Services. ing of the Indianapolis began to unfold. starvation, terrible thirst, and suf- Mr. SMITH of New Hampshire. Mr. Hostilities in this part of the Pacific fering from exposure and their wounds, President, I rise today to share with had long since ceased. The Japanese the men of the Indianapolis were at last my colleagues a brief story from the surface fleet was no longer considered a rescued from the sea. closing days of World War II, the war likely threat, and attention instead Curiously, the Navy withheld the in the Pacific. had turned 1,000 miles to the north news of the sunken ship from the It is a harrowing story, with many where preparations were underway for American people for two weeks, until elements. Bad timing, bad weather. the invasion of the Japanese mainland. the day the Japanese surrendered on Heroism and fortitude. Negligence and These conditions led to a relaxed state August 15, 1945, thus insuring minimum shame. Bad luck. Above all, it is the of alert on the part of those who de- press coverage for the story of the Indi- story of some very special men whose cided to send the Indianapolis across anapolis’ loss. will to survive shines like a beacon the Philippine Sea unescorted, and con- Also suspicious, conceding that they decades later. sequently, Captain McVay’s orders to were ‘‘starting the proceedings without I should point out that it is because ‘‘zigzag at his discretion.’’ Zigzagging having available all the necessary of the efforts of a 13 year old boy in is a naval maneuver used to avoid tor- data,’’ less than two weeks after the Florida that I introduce this bill today. pedo attack, generally considered most sinking of the Indianapolis, before the Hunter Scott, working for nearly two effective once the torpedoes have been sinking of the ship had even been an- years on what started as a history launched. nounced to the public, the Navy opened project, compiled a mountain of clip- The Indianapolis, unescorted, de- an official board of inquiry to inves- pings, letters, and interviews that ulti- parted Guam for the Philippines on tigate Captain McVay and his actions. mately led Congressman JOE SCAR- July 28. Just after midnight on 30 July The board recommended a general BOROUGH to introduce this bill in the 1945, midway between Guam and the court-martial for McVay. House, and for me to do so in the Sen- Leyte Gulf, she was hit by two tor- Admiral Nimitz, Commander in Chief ate. Hunter, on behalf of the survivors pedoes fired by the ‘‘I–58,’’ a Japanese of Pacific Command, did not agree—he of the U.S.S. Indianapolis, the family of submarine. The first blew away the wrote the Navy’s Judge Advocate Gen- Captain McVay, and your country, I bow, the second struck near mid-ship eral that at worst McVay was guilty of thank you for your courageous efforts. on the starboard side adjacent to a fuel an error in judgment, but not gross Mr. President, we have the oppor- tank and a powder magazine. The re- negligence worthy of court-martial. tunity to redeem the reputation of a sulting explosion split the ship in two. Nimitz recommended a letter of rep- wronged man, and salute the indomi- Of the 1,196 men aboard, about 900 es- rimand. table will of a courageous crew. I had caped the sinking ship and made it into Overriding both Nimitz and Admiral the distinct honor and priviledge of the water in the twelve minutes before Raymond Spruance who commanded hosting two distinguished members of she sank. Few life rafts were released. the Fifth Fleet, Secretary of the Navy that courageous crew just this morn- Shark attacks began at sunrise on the James Forrestal and Admiral Ernest ing; Richard Paroubek, of Williams- first day, and continued until the men King, Chief of Naval Operations, di- burg, VA, who was a Yeoman 1st Class, were physically removed from the rected that court-martial proceedings and Woodie James of Salt Lake City, water, almost five days later. against Captain McVay proceed. UT, who was a Coxswain. The bill I in- Shortly after 11:00 A.M. of the fourth Captain McVay was notified of the troduce today will honor these two day, the survivors were accidentally pending court-martial, but not told men, and their fellow shipmates of the discovered by an American bomber on what specific charges would be brought U.S.S. Indianapolis, and redeem their routine antisubmarine patrol. A patrol- against him. The reason was simple. Captain, Charles McVay. ling seaplane was dispatched to lend The Navy had not yet decided what to S5966 CONGRESSIONAL RECORD — SENATE May 25, 1999 charge him with. Four days before the the Indianapolis departed for Leyte, the that just after midnight the clouds trial began they did decide on two destroyer escort U.S.S. Underhill had cleared long enough to see and fire charges: the first, failing to issue or- been sunk by a Japanese submarine upon the Indianapolis. He also implied ders to abandon ship in a timely fash- within range of the Indianapolis’ path, in pretrial statements that zigzagging ion; and the second, hazarding his ves- McVay was not told. would not have saved the Indianapolis sel by failing to zigzag during good vis- Although a code-breaking system because of his clear view, but this point ibility. called ULTRA had alerted naval intel- was not raised by McVay’s defense dur- It’s difficult to understand why the ligence that a Japanese submarine (the ing the trial itself. Navy brought the first charge against I–58, which ultimately sank the Indian- Another witness in the trial, veteran McVay. Explosions from the torpedo apolis) was operating in his path, Navy submariner Glynn Donaho, a attacks had knocked out the ship’s McVay was not told. Classified as top four-time Navy Cross winner was asked communications system, making it im- secret until the early 1990s, this intel- by McVay’s defense counsel whether possible to give an abandon ship order ligence—and the fact it was withheld ‘‘it would have been more or less dif- to the crew except by word of mouth, from McVay before he sailed from ficult for you to attain the proper fir- which McVay had done. He was ulti- Guam—was suppressed during his ing position’’ if the Indianapolis had mately found not guilty on this count. court-martial. been zigzagging under the conditions That left the second charge of failing Although the routing officer at Guam which existed that night. His answer to zigzag. Perhaps the most egregious was aware of the ULTRA intelligence was, ‘‘No, not as long as I could see the aspect however, was in the phrasing of report, he said a destroyer escort for target.’’ This testimony was either de- the charge itself. The phrase was ‘‘dur- the Indianapolis was ‘‘not necessary’’ liberately ignored by, or passed over ing good visibility.’’ According to all and, unbelievably, testified at McVay’s the heads of, the court-martial board, accounts of the survivors, including court-martial that the risk of sub- and it was not pursued further by written accounts only recently declas- marine attack along the Indianapolis’ McVay’s defense. sified and not made available to route ‘‘was very slight’’. Many of the survivors of the Indian- McVay’s defense at the trial, the visi- Although McVay was told of ‘‘sub- apolis believe that a decision to convict bility that night was severely limited marine sightings’’ along his path, he McVay was made before his court-mar- with heavy cloud cover. This is perti- was told none had been confirmed. tial began. They are convinced McVay nent for two reasons. First, no Navy di- Such sightings were commonplace was made a scapegoat to hide the mis- rectives in force at that time or since throughout the war and were generally takes of others. McVay was court- recommended, much less ordered, zig- ignored by Navy commanders unless martialed and convicted of ‘‘hazarding zagging at night in poor visibility. Sec- confirmed. Thus, the Indianapolis set his ship by failing to zigzag’’ despite ondly, as Admiral Nimitz pointed out, sail for Leyte on July 26, 1945, sent into overwhelming evidence that the Navy the rule requiring zigzagging would not harm’s way with its captain unaware of itself had placed the ship in harm’s have applied in any event, since dangers which shore-based naval per- way, despite testimony from the Japa- McVay’s orders gave him discretion on sonnel know were in his path. nese submarine commander that zig- that matter and thus took precedence The U.S.S. Indianapolis was not zagging would have made no difference, over all other orders. Thus, when he equipped with submarine detection despite the fact that although 700 Navy stopped zigzagging, he was simply exer- equipment, and therefore Captain ships were lost in combat in World War cising his command authority in ac- McVay requested a destroyer escort. II McVay was the only captain to be cordance with Navy directives. Unbe- Although no capital ship without sub- court-martialed, and despite the fact lievably, this point was never made by marine detection devices had sailed be- the Navy did not notice when the Indi- McVay’s defense counsel during the tween Guam and the Philippines with- anapolis failed to arrive on schedule, subsequent court-martial. out a destroyer escort throughout all thus costing hundreds of lives unneces- Captain McVay was ultimately found of World War II, McVay’s request for sarily and creating the greatest sea guilty on the charge of failing to zig- such an escort was denied. disaster in the history of the United zag, and was discharged from the Navy The Navy failed to notice when the States Navy. with a ruined career. In 1946, at the ship did not show up in port in the The resolution I am introducing cor- specific request of Admiral Nimitz who Philippines. U.S. authorities inter- rects a 54 year old injustice, restores had become Chief of Naval Operations, cepted a message from the I–58 to its the honorable name of a decorated Secretary Forrestal, in a partial admis- headquarters in Japan informing them Navy combat veteran, and honors the sion of injustice, remitted McVay’s that it had sunk the U.S.S. Indianap- wishes of his loyal and faithful crew. It sentence and restored him to duty. olis. This message was ignored and the will also honor the crew of the Indian- But, Captain McVay’s court-martial, Navy did not initiate a search. The In- apolis for their courage in surviving and personal culpability for the sink- dianapolis transmitted three distress this awful tragedy. ing of the Indianapolis continued to calls before it sank, and one was re- I urge my colleagues to support this stain his Navy records. The stigma of ceived at the naval base in the Phil- resolution and I am proud to offer it on his conviction remained with him al- ippines. Again, no search was initiated behalf of Captain McVay and the won- ways, and he ultimately took his own and no effort was made to locate any derful and honorable men of the U.S.S. life in 1968. To this day Captain McVay survivors. It was not until four days Indianapolis, two of whom are sitting is recorded in history as negligent in after the ship had sunk, when a bomber with us in the gallery today, Mr. Presi- the deaths of 870 sailors. inadvertently spotted sailors being dent. We need to restore the reputation of eaten by sharks in the water below, Mr. DURBIN. Will the Senator yield this honorable officer. In the decades that a search party was dispatched. for a question? since World War II, the crew of the In- Although 700 navy ships were lost in Mr. SMITH of New Hampshire. I will dianapolis has worked tirelessly in de- combat in World War II, McVay was certainly yield to the Senator from Il- fending their Captain, and trying to en- the only captain to be court-martialed linois. sure that his memory is properly hon- as the result of a sunken ship. Mr. DURBIN. I would like to first ored. It is at the specific request of the Captain McVay was denied both his commend the Senator from New Hamp- survivors of the U.S.S. Indianapolis that first choice of defense counsel and a shire. I was visited in my office by a I introduce this resolution. delay to develop his defense. His coun- gentleman named Michael Kuryla, Jr., Since McVay’s court-martial, a num- sel, a line officer with no trial experi- of Poplar Grove, IL, one of the sur- ber of factors, including once classified ence, had only four days to prepare his vivors of the U.S.S. Indianapolis. He re- documents not made available to case. counted to me in detail what happened McVay’s defense, have surfaced raising Incredibly, the Navy brought when that ship went down. As he significant questions about the justice Mochitura Hashimoto, the commander talked about being in the ocean for of the conviction. of the Japanese I–58 submarine that days, not knowing whether they would Although naval authorities at Guam sunk the Indianapolis to testify at the be rescued, watching his shipmates knew that on July 24, four days before court-martial. Hashimoto testified who were literally dying around him May 25, 1999 CONGRESSIONAL RECORD — SENATE S5967 and being devoured by sharks, won- HA1. BENNETT, Ernest F., B3. BENNETT, DEFOOR, Walton, RDM3. DEMARS, Edgar dering if they would ever be rescued, Toney W., ST3. BENNING, Harry, S1. BEN- J., CBMA. DEMENT, Dayle P., S1. DENNY, tears came to his eyes. More than 50 TON, Clarence U., CFCP*. BERNACIL, Con- Lloyd, Jr., S2. DEWING, Ralph O., FC3*. cepcion P. FC3*. BERRY, Joseph, Jr., STM1. DIMOND, John N., S2. DIZELSKE, William years after, tears came to his eyes. He BERRY, William H., ST3. BEUKEMA, Ken- B., MM2*. DOLLINS, Paul, RM2. DONALD, said it wasn’t fair, what they did to neth J., S2. BEUSCHLEIN, Joseph C., S2. Lyle H., EM1. DONEY, William Junior, F2. Captain McVay; to court-martial him BIDDISON, Charles L., S1. DONNER, Clarence W., RT3*. DORMAN, Wil- was wrong. He asked me for my help, if BILLINGS, Robert B., ENS. liam B., S1. DORNETTO, Frank P, WT1. I would join the Senator from New BILLINOSLEY, Robert F., GM3*. BILZ, Rob- DOSS, James M., S2. DOUCETTE, Ronald O., Hampshire on this resolution, and I am ert E., S2. BISHOP, Arthur, Jr., S2. S2. DOUGLAS, Gene D., F2*. DOVE, Bassil happy to do so. BITONTI, Louis P., S1*. BLACKWELL, R., SKD2. DOWDY, Lowell S., CWO. DRANE, Fermon M. SSML3. BLANTHORN, Bryan, James A., GM2. DRAYTON, William H., I think justice cries out that we S1*. BLUM, Donald J., ENS. BOEGE, Ray- EM2*. DRISCOLL, David L., LT. (jg). agree to this resolution; that Captain mond R., S2. BOGAN, Jack R., RM1. DRONET, Joseph E.J., S2*. DRUMMOND, McVay, who was singled out, out of all BOLLINGER, Richard H., S1. BOOTH, Sher- James J., F2. DRURY, Richard E., S2. DRY- the captains of the fleet, to be court- man C., S1*. BORTON, Herheit E., SC2. DEN, William H., MM1*. DUFRAINE, Delbert martialed under these circumstances is BOSS, Norbert G., S2. BOTT, Wilbur M., S2. E., S1. DUNBAR, Jess L., F2. DURAND, just unfair. The men who served under BOWLES, Eldridge W. S1. BOWMAN, Charles Ralph J., Jr., S2. DYCUS, Donald, S2. him, those whose lives were under his E., CTC. BOYD, Troy H., GM3. BRADLEY, EAKINS, Morris B., F2. EAMES, Paul H. Jr., William H., S2. BRAKE, John Jr., S2. ENS. EASTMAN, Chester S., S2. ECK, Harold care and those who survived this worst BRANDT, Russell L., F2*. BRAUN, Neal F., A., S2*. EDDINGER, John W, S1. EDDY, sea disaster in U.S. naval history—they S2. BRAY, Harold J. Jr., S2*. BRICE, R.V., Richard L., RM3. EDWARDS, Alwyn C., F2. have come forward. They have asked us S2. BRIDGE, Wayne A., S2. BRIGHT, Chester EDWARDS, Roland J., BM1. E’GOLF, Harold to make sure that history properly L., S2. BRILEY, Harold V., MAM3. BROOKS, W., S2. ELLIOTT, Kenneth A., S1. ELLIOTT, records the contribution Captain Ulysess R., CWTA. BROPHY, Thomas D’Arcy Harry W., S2. EMERY, William F., S1*. McVay made to his country. Jr., ENS. BROWN, Edward A., WT3. BROWN, EMSLEY, William J., S1. ENGELSMAN, Edward J., S1*. BRUCE, Russell W., S2. Ralph, S2*. EPPERSON, Ewell, S2*. I am happy to join in this resolution. EPPERSON, George L., S1. ERICKSON, I hope other Members of the Senate, BRULE, Maurice J., S2. BRUNDIGE, Robert H., S1*. BRUNEAU, Charles A., GM3. Theodore M., S2*. ERNST, Robert C., F2. hearing this debate and reading this BUCKETT, Victor R., Y2*. BUDISH, David, ERWIN, Louis H., COX*. ETHIER, Eugene E., resolution, will cosponsor it as well S2. BULLARD, John K., S1*. BUNAI, Robert EM3*. EUBANKS, James H., S1. EVANS, Ar- and that we can close the right way P., SM1*. BUNN, Horace G., S2. BURDORF, thur J., PHM2. EVANS, Claudus, GM3*. this chapter in American naval his- Wilbert J., COX*. BURKHARTSMEIER, EVERETT, Charles N., EM2. EVERS, Law- tory. Anton T., S1. BURKHOLTZ, Frank Jr., EM3. rence L., CMMA. EYET, Donald A., S1. FAN- BURLESON, Martin L., S1. BURRS, John TASIA, Frank A., F2. FARBER, Sheldon L., Mr. SMITH of New Hampshire. I S2. FARLEY, James W., S1. FARMER, Ar- thank the Senator from Illinois. W., S1. BURT, William George A., QM3. BUR- TON, Curtis H., S1*. BUSHONG, John R., chie C., Cox*. FARRIS, Eugene F., S1*. FAST I ask unanimous consent that the GM3. CADWALLADER, John J., RT3. CAIN, HORSE, Vincent, S2. FEAKES, Fred A., roster of the final crew of the U.S.S. Alfred B., RT3. CAIRO, William G., BUG1. AOMI*. FEDORSKI, Nicholas W., S1*. Indianapolis be printed in the RECORD. CALL, James E., RM3. CAMERON, John W, FEENEY, Paul R., S2. FELTS, Donald J., There being no objection, the list was GM2. CAMP, Garrison, STM2. CAMPANA, BMI*. FERGUSON, Albert E., CMMA*. FER- ordered to be printed in the RECORD, as Paul, RDM3. CAMPBELL, Hamer E. Jr., GUSON, Russel M., RT3. FIGGINS, Harley follows: GM3*. CAMPBELL, Louis D., AOM3*. CAMP- D., WT2. FIRESTONE, Kenneth F., FC2. BELL, Wayland D., SF3. CANDALINO, Paul FIRMIN, John A. H., S2. FITTING, Johnny THE FINAL CREW OF THE U.S.S. L., LT.(jg). CANTRELL, Billy G., F2. W., GM1*. FLATEN, Harold J., WT2*. ‘‘INDIANAPOLIS’’ (CA–35) CARNELL, Lois W., S2. CARPENTER, Wil- FELISCHAUER, Donald W., S1. FLESHMAN, CREW AND OFFICERS lard A., SM3. CARR, Harry L., S2. CAR- Vern L., S2. FLYNN, James M., Jr., S1. ABBOTT, George S., S1. ACOSTA, Charles ROLL, Gregory K., S1. CARROLL, Rachel FLYNN, Joseph A., CDR. FOELL, Cecil D., M., MM3. ADAMS, Leo H., S1*. ADAMS, Pat W., COX. CARSON, Clifford, F1. ENS. FORTIN, Verlin L., WT3*. FOSTER, L., S2. ADORANTE, Dante W, S2. AKINES, CARSTENSEN, Richard, S2. CARTER, Gro- Verne E., F2*. FOX, William H. Jr., F2*. William R., S2*. ALBRIGHT, Charles E., Jr., ver C., S1*. CARTER, Lindsey L., S2*. FRANCOIS, Norbert E., F1*. FRANK, Ru- Cox. ALLARD, Vincent J., QM3*. ALLEN, CARTER, Lloyd G., COX*. CARVER, Grover dolph A., S2. FRANKLIN, Jack R., RDM3. Paul F., S1. ALLMARAS, Harold D., F2. C., S1*. CASSIDY, John C., S1*. CASTALDO, FREEZE, Howard B., LT. (jg). FRENCH, ALTSCHULER, Allan H., S2*. ALVEY, Ed- Patrick P., GM2. CASTIAUX, Ray V., S2. Douglas O., FC3. FRENCH, Jimmy Junior, ward W., Jr., AerM2. AMICK, Homer I., S2. CASTO, William H., S1. CAVIL, Robert R., QM3. FRITZ, Leonard A., MM3. ANDERSEN, Lawrence J., SK2. ANDERSON, MM2. CAVITT, Clinton C., WT3. CELAYA, FRONTINO, Vincent F., MOMM3. Erick T., S2*. ANDERSON, Leonard O., MM3. Adolfo V., F2*. CENTAZZO, Frank J., SM3*. FRORATH, Donald H., S2. FUCHS, Herman F., CWO. FULLER, Arnold A., F2. FULTON, ANDERSON, Sam G., S2. ANDERSON, Vin- CHAMNESS, John D., S2*. CHANDLER, William C., CRMA. FUNKHOUSER, Rober cent U., BMI. ANDERSON, Richard L., F2. Lloyd N., S2. CHART, Joseph, EM3. CHRIS- M., ART2*. GABRILLO, Juan, S2*. ANDREWS, William R., S2*. ANNIS, James TIAN, Lewis E. Jr., WO. CLARK, Eugene, GAITHER, Forest M., FC2. GALANTE, An- B. Jr., CEMA. ANTHONY, Harold R., PHM3. CK3. CLARK, Orsen N., S2*. CLEMENTS, gelo., S2*. GALBRAITH, Norman S., MM2*. ANTONIE, Charles J., F2. ANUNTI, John M., Harold P., S2. CLINTON, George W., S1*. GARDNER, Roscoe W., F2*. GARDNER, M2*. ARMENTA, Lorenzo, SC2. CLINTON, Leland J., LT. (jg). COBB, Wil- Russel T., F2. GARNER, Glenn R., MM2. ARMISTEAD, John H., S2*. ARNOLD, Carl liam L., MOMM3. COLE, Walter H., CRMA. GAUSE, Robert P., QM1*. GAUSE, Rubin C., L., AMM3. ASHFORD, Chester W., WT2. COLEMAN, Cedric F., LCFR. COLEMAN, Jr., ENS. GEMZA, Rudolph A., FC3*. ASHFORD, John T. Jr., RT3*. ATKINSON, Robert E., F2*. COLLIER, Charles R., RM2*. GEORGE, Gabriel V., MM3*. GERNGROSS, J.P., COX. AULL, Joseph H., S2. AULT, Wil- COLLINS, James, STM1. COLVIN, Frankie Frederick J., Jr., ENS. GETTLEMAN, Rob- liam F., S2*. AYOTT’E, Lester J., S2. L., SSMT2. CONDON, Barna T., RDM1. ert A., S2*. GIBSON, Buck W., GM3*. GIB- BACKUS, Thomas H., LT. (jg). BAKER, Dan- CONNELLY, David F., ENS. CONRAD, SON, Curtis W., S2. GIBSON, Ganola F., iel A., S2. BAKER, Frederick H., S2. BAKER, James P., EM3. CONSER, Donald L., SC2. MM3. GILBERT, Warner, Jr. S1. William M. Jr., EM1. BALDRIDGE, Clovis R. CONSIGLIO, Joseph W., FC2. CONWAY, GILCREASE, James, S2*. GILL, Paul E., EM2*. BALL, Emmet E., S2. BALLARD, Thomas M., Rev., LT. COOK, Floyd E., SF3. WT2. GILMORE, Wilbur A., S2. GISMONDI, Courtney J., SSM3. BARENTHIN, Leonard COOPER, Dale, Jr., F2. COPELAND, Willard Michael V., S1. GLADD, Millard, Jr., MM2*. W. S2. BARKER, Robert C. Jr., RT1. J., S2. COSTNER, Homer J., COX*. COUN- GLAUB, Francis A., GM2. GLENN, Jay R., BARKSDALE, Thomas L., FC3. BARNES, TRYMAN, Robert E., S2. COWEN, Donald R., AMM3*. GLOVKA, Erwin S., S2. GODFREY, Paul C., F2. BARNES, Willard M., MM1. FC3*. COX, Alford E., GM3. COX, Loel Dene, Marlo R., RM3. GOECKEL, Ernest S., LT. BARRA, Raymond J., CGMA. BARRETT, S2*. CRABB, Donald C., RM2. CRANE, Gran- (jg). GOFF, Thomas G., SF3*. GOLDEN, James B., S2. BARRY, Charles., LT. (jg). ville S. Jr., MM2*. CREWS, Hugh C., LT. (jg). Curry., STM1. GOLDEN, James L., S1. BARTO, Lloyd P., S1*. BARTON, George S., CRITES, Orval D., WT1. CROUCH, Edwin M., GONZALES, Ray A., S2. GOOCH, William L., Y3. BATEMAN, Bernard B., F2*. CAPT. (Passenger). CRUM, Charles J., S2. F2*. GOOD, Robert K., MM3. GOODWIN, Oli- BATENHORST, Wilfred J., MM3. BATSON, CRUZ, Jose S., CCKA. CURTIS, Erwin E., ver A., CRTA. GORE, Leonard F., S2. Eugene C., S2. BATTEN, Robert E., S1. CTCP. DAGENBART, Charles R. Jr., PHM2. GORECKI, Joseph W., SK3. GOTTMAN, Paul BATTS, Edward D., STM1. BEANE, James DALE, Elwood R., F1. DANIEL, Harold W., J., S2. A., F2*. BEATY, Donald L., S1*. BECKER, CBMA*. DANIELLO, Anthony G., S1. DAVIS, GOVE, Carroll L., S2. GRAY, Willis L., S1*. Myron M., WT2. BEDDINGTON, Charles E., James C. RM3. DAVIS, Kenneth G., F1. GREATHOUSE, Bud R., S1. GREEN, Robert S1. BEDSTED, Leo A., F1. BEISTER, Rich- DAVIS, Stanley G., LT. (jg). DAVIS, Thomas U., S2. ard J., WT3. BELCHER, James R., S1*. E., SM2. DAY, Richard R. Jr., S2. DEAN, GREEN, Tolbert, Jr., S1*. GREENE, Sam- BELL, Maurice G., S1*. BENNETT, Dean R., John T. Jr., S2. DeBERNARDI, Louie, BMI*. uel G., S1. GREENLEE, Charles I., S2*. S5968 CONGRESSIONAL RECORD — SENATE May 25, 1999 GREER, Bob E., S2. GREGORY, Garland G., S2. JONES, Jim, S2. JONES, Kenneth M., F1 A., COX. LUTZ, Charles H., S1. MAAS, Mel- F1. GREIF, Matthias D., WT3. GRIES, Rich- MoMM. JONES, Sidney, S1*. JONES, Stan- vin A., S1*. MABEE, Kenneth C., F2. MACE, ard C., F2. GRIEST, Frank D., GM3. GRIF- ley F., S2. JORDAN, Henry, STM2. JORDON, Harold A., S2*. MacFARLAND, Keith I., LT FIN, Jackie D., S1. GRIFFITH, Robert S., Thomas H., S2. JOSEY, Clifford O., S2. (jg). MACHADO, Clarence J., WT2. MACK, S1*. GRIFFITHS, Leonard S., S2. GRIGGS, JUMP, David A., ENS. JURGENSMEYER, Donald F., Bugler 1*. MADAY, Anthony F., Donald R., F1. GRIMES, David E., S2. Alfred J., S2. JURKIEWICZ, Raymond S., AMM1*. MADIGAN, Harry F, BM2. GRIMES, James F., S2. GROCE, Floyd V., S1*. JUSTICE, Robert E., S2*. KARPEL, Dan MAGDICS, Steve Jr., F2. MAGRAY, Dwain RDM2. GROCH, John T., MM3. GUENTHER, L., BM1. KARTER, Leo C. Jr., S2. KASTEN, F., S. MAKAROFF, Chester J., GM3*. Morgan E., EM3. GUERRERO, John G., S1. Stanley O., HA1. KAWA, Raymond P., SK3. MAKOWSKI, Robert T., CWTA. GUILLOT, Murphy U., F1. GUYE, Ralph L., KAY, Gust C., S1*. KAZMIERSKI, Walter, MALDONADO, Salvador, BKR3*. MALENA, Jr., QM3. GUYON, Harold L., F1. S1*. KEENEY, Robert A., ENS. KEES, Joseph J. Jr., GM2*. MALONE, Cecil E., S2. HABERMAN, Bernard, S2. HADUCH, John Shalous E., EM2*. KEITH, Everette E., EM2. MALONE, Elvin C., S1. MALONE, Michael L. M., S1. HALE, Robert B., LT. HALE, William KELLY, Albert R., S2. KEMP, David P. Jr., Jr., LT (jg). MALSKI, Joseph J., S1*. F., S2. HALL, Pressie, F1. HALLORAN, Ed- SC3*. KENLY, Oliver W., RdM3*. KENNEDY, MANESS, Charles F., F2. MANKIN, Howard ward G., MM3. HAM, Saul A., S1. HAMBO, Andrew J. Jr., S2. KENNEDY, Robert A., S1. J., GM3. MANN, Clifford E., S1. MANSKER, William P., PHM3. HAMMEN, Robert, KENNY, Francis J.P., S2. LaVoice, S2. MANTZ, Keith H., S1. PHOM3. HAMRICK, James J., S2. HANCOCK, KEPHART, Paul, S1. KERBY, Deo E., S1*. MARCIULAITIS, Charles, S1. MARKMANN, William A., GM3. HANKINSON, Clarence W., KERN, Harry G., S1. KEY, S.T., EM2. Frederick H., WT1. MARPLE, Paul T., ENS. F2. HANSEN, Henry, S2. HANSON, Harley KEYES, Edward H., COX*. KIGHT, Audy C., MARSHALL, John L., WT2. MARSHALL, C., WO.* HARLAND, George A., S2. HARP, S1. KILGORE, Archie C., F2. KILLMAN, Rob- Robert W., S2. MARTIN, Albert, S2. MAR- Charlie H., S1. HARPER, Vasco, STM1. HAR- ert E., GM3. KINARD, Nolan D., S1. TIN, Everett G., S1. MASSIER, George A., KINCAID, Joseph E., FC2. KING, A.C., S1*. RIS, James D., F2. HARRIS, Willard E., F2. S1. MASTRECOLA, Michael M., S2. MATHE- HARRISON, Cecil M., CWO.*. HARRISON, KING, Clarence Jr., STM2. KING, James T., SON, Richard R., PHM3. MATRULLA, John, Frederick E., S2. HARRISON, James M., S1. S1. KING, Richard E., S2. KING, Robert H., S1. MAUNTEL, Paul J., S2. MAXWELL, HART, Fred Jr., RT2*. HARTRICK, Willis B., S2. KINNAMAN, Robert L., S2. KINZLE, Farrell J., S1*. McBRIDE, Ronald G. S1. MM1. HATFIELD, Willie N., S2*. Raymond A., BKR2*. KIRBY, Harry, S1. McBRYDE, Frank E., S2. McCALL, Donald HAUBRICH, Cloud D., S2. HAUSER, Jack I., KIRK, James R., SC3. KIRKLAND, Marvin C., S2*. McCLAIN, Raymond B., BM2*. SK2. HAVENER, Harlan C., F2*. HAVINS, F., S1*. KIRKMAN, Walter W., SF1. McCLARY, Lester E., S2. McCLURE, David Otha A., Y3*. HAYES, Charles D., LCDR. KISELICA, Joseph F., AMM2*. KITTOE, L., EM2. McCOMB, Everett A., F1. McCORD, HAYLES, Fleix, CK3. HAYNES, Lewis L., James W., F2*. KLAPPA, Ralph D., S2*. Edward Franklin Jr., EM3. McCORKLE, Ray MC., LCDR.*. HANYES, Robert A., LT. KLAUS, Joseph F., S1*. KLEIN, Raymond J., HAYNES, William A., S1. HEERDT, S1. KLEIN, Theil J., SK3. KNERNSCHIELD, R., S1. McCORMICK, Earl W., MOMM2. Raymound E., F2. HEGGIE, William A., Andrew N., S1. KNOLL, Paul E., COX. McCOSKEY, Paul F., S1. McCOY, John S., RDM3. HEINZ, Richard A., HA1. HELLER, KNOTT, Elbern L., S1. KNUDTSON, Ray- Jr., M2. McCRORY, Millard V. Jr., WT2*. John, S2*. HELLER, Robert J. Jr., S2. mond A., S1. KNUPKE, Richard R., MM3. McDANIEL, Johnny A., S1. McDONALD, HELSCHER, Ralph J., S1. HELT, Jack E., KOCH, Edward C., EM3*. KOEGLER, Albert, Franklin G. Jr., F2. McDONNER, David P. F2. HENDERSON, Ralph L., S1. HENDRON, S1. KOEGLER, William, 5C3. KOLAKOWSKI, Jr., F1. McDOWELL, Robert E., S1. James R. Jr., F2. HENRY, Earl O., DC, Ceslaus, SM3. KOLLINGER, Robert E., S1. McELROY, Clarence E., S1*. LCDR. HENSCH, Erwin F., LT.*. HENLSEY, KONESNY, John M., S1. KOOPMAN, Walter McFALL, Walter E., S2*. McFEE, Carl S., Clifford, SSMB2. HERBERT, Jack E., BM1. F., F2. KOPPANG, Raymond I., LT (jg). Sd. McGINNIS, Paul W., SM3*. McGINTY, HERNDON, Duane, S2. HERSHBERGER, KOUSKI, Fred, GM3. KOVALICK, George R., John M., S1. McGUIGGAN, Robert M., S1*. Clarence L., S1*. HERSTINE, James F., ENS. S2. KOZIARA, George, S2*. McGUIRE, Denis, S2. McGUIRK, Philip A., HICKEY, Harry T., RM3. HICKS, Clarence, KOZIK, Raymond., S1. KRAWYVZ, Henry LT (jg). McHENRY, Loren C. Jr., S1*. S1. HIEBERT, Lloyd H., GM1. HILL, Clar- J., MM3. KREIS, Clifford E., S1*. KRON, Her- McHONE, Ollie, F1. McKEE, George E. Jr., ence M., CWTP. HILL, Joe W., STM1. HIll, man E. Jr., GM3. KRONENBERGER, Wm. M., S1. McKENNA, Michael J., S1. McKENZIE, Nelson P. Jr., LT. HILL, Richard N., ENS. GM3. KRUEGER, Dale F., F2*. KRUEGER, Ernest E., S1*. McKINNON, Francis M., Y3. HIND, Lyle L., S2*. HINES, Lionel G., WT1. Norman F., S2*. KRUSE, Darwin G., S2. McKISSICK, Charles B., LT (jg)*. McKLIN, HINKEN, John R., Jr., F2*. HOBBS, Melvin KRZYZEWSKI, John M., S2. KUHN, Clair J., Henry T., S1*. McLAIN, Patrick J., S2*. D., S1. HODGE, Howard H., RM2. S1. KULOVITZ, Raymond J., S2. KURLICH, McLEAN, Douglas B., EM3. McNABB, Thom- HODGINS, Lester B., S2. HODSHIRE, John George R., FC3*. KURYLA, Michael N. Jr., as, Jr., F2. McNICKLE, Arthur S., F1. W., S2. HOERES, George J., S2. HOLDEN, COX*. KUSIAK, Alfred M., S2. McQUITTY, Roy E., COX. McVAY, Charles Punciano A., ST1. HOLLINGSWORTH, KWIATKOWSKI, Marion J., S2. LABUDA, Butler, III, CAPT.*. McVAY, Richard C., Y3*. Jimmie L., STM2. HOLLOWAY, Andrew J., Arthur A., QM3. LaFONTAINE, Paul S., S1. MEADE, Sidney H., S1. MEHLBAUM, Ray- S2. HOLLOWAY, Ralph H., COX. LAKATOS, Emil J., MM3. LAKE, Murl C., mond A., S1. MEIER, Harold E., S2. HOODERWERF, John Jr., F1. HOOPES, Gor- S1. LAMB, Robert D., EM3. LAMBERT, MELICHAR, Charles H., EM3. MELVIN, Carl don H., S2*. HOPPER, Prentice W., S1. HOP- Leonard F., S1. LANDON, William W. Jr., L., F1. MENCHEFF, Manual A., S2. MERE- PER, Roy L., AMM1. HORNER, Durward R., FC2. LANE, Ralph, CMMA*. LANTER, DITH, Charles E., S1*. MERGLER, Charles WO.*. HORR, Wesley A., F2. HORRIGAN, Kenley M., S1*. LaPAGLIA, Carlos, GM2*. M., RDM2. MESTAS, Nestor A., WT2*. John G., F1. HORVATH, George J., F1*. HOS- LaPARL, Lawrence E. Jr., S2. METCALF, David W., GM3. MEYER, Charles KINS, William O., Y3*. HOUCK, Richard E., LAPCZYNSKI, Edward W., S1. LARSEN, T., S2*. MICHAEL, Bertrand F., BKR3. MI- EM3*. HOUSTON, Robert G., F1. HOUSTON, Melvin R., S2. LATIGUE, Jackson, STM1. CHAEL, Elmer O., S1. MICHNO, Arthur R., William H., PHM2. HOV, Donald A., S1. LATIMER, Billy F., S1. LATZER, Solomon, S2. MIKESKA, Willie W., S2. MIKOLAYEK, HOWISON, John D., ENS.*. HUBELI, Joseph S2. LAUGHLIN, Fain H., SK3. LAWS George Joseph, COX*. MILBRODT, Glen L. S2*. F., S2*. HUEBNER, Harry J. S1. HUGHES, E., S1*. LEATHERS, Williams B., MM3. MILES, Theodore K., LT. MILLER, Artie R., Lawrence E., F2. HUGHES, Robert A., FC3. LeBARON, Robert W., S2. LeBOW, Cleatus GM2. MILLER, George E., F1. MILLER, HUGHES, William E., SSML2. HUMPHREY, A., FC03*. LEENERMAN, Arthur L., RDM3*. Glenn E., S2. MILLER, Samuel George Jr., Maynard L., S2. HUNTER, Arthur R. Jr., LELUIKA, Paul P., S2. LESTINA, Francis J., FC3. QM1. HUNTLEY, Virgil C., CWO. HUPKA, S1. LETIZIA, Vincencio, S2. LETZ, Willbert MILLER, Walter R., S2. MILLER, Walter Clarence E., BKR1*. HURLEY, Woodrow, J., SK1. LeVALLEY, William D., EM2. W., B1. MILLER, Wilbur H., CMM. MILLS, GM2*. HURST, Robert H., LT. HURT, James LEVENTON, Mevin C., MM2. LeVIEUX, John William H., EM3. MINER, Herbert J. II, E., S2. HUTCHISON, Merle B., S2. IGOU, J., F2. LEWELLEN, Thomas E., S2. LEWIS, RT2*. MINOR, Richard L., S1. MINOR, Rob- Floyd, Jr., RM2. IZOR, Walter E., F1. JACK- James R., F2. LEWIS, John R., GM3. LIN- ert W., S2. MIRES, Carl E., S2. MIRICH, SON, Henry, STML. JACQUEMOT, Joseph DEN, Charles G., WT2. LINDSAY, Norman Wally M., S1. MISKOWIEC, Theodore F., S1. A., S2*. JADLOSKI, George K., S2. L., SF3. LINK, George C., S1. LINN, Roy, S1. MITCHELL, James E., S2*. MITCHELL, JAKUBISIN, Joseph S., S2. JAMES, Woodie LINVILLE, Cecil H., SF2. LINVILLE, Harry James H. Jr., SK1. MITCHELL, Kenneth E., E., COX*. JANNEY, Johns Hopkins, CDR. J., S1. LIPPERT, Robert G., S1. LIPSKI, S1*. MITCHELL, Norval Jerry Jr., S1*. JARVIS, James K., AM3*. Stanley W., CDR. LITTLE, Frank E., MM2. MITCHELL, Paul B., FC3. MICHELL, Win- JEFFERS, Wallace M., COX. JENNEY, LIVERMORE, Raymond I., S2. LOCH, Edwin ston C., S1. MITTLER, Peter John Jr., GM3. Charles I., LT. JENSEN, Chris A., S2. JEN- P, S1. LOCKWOOD, Thomas H., S2*. LOEF- MIXON, Malcom L., GM2. MLADY, Clarence SEN, Eugene W., S2*. JEWELL, Floyd R., FLER, Paul E. Jr., S2. LOFTIS, James B. C., S1*. MODESITT, Carl E., S2*. SK1. JOHNSON, Bernard J., S2. JOHNSON, Jr., S1*. LOFTUS, Ralph D., F2. LOHR, Leo MODISHER, Melvin W., MC, LTQ (jg)*. Elwood W., S2. JOHNSON, George G., S2. W., S1. LOMBARDI, Ralph, S1. LONG, Jo- MONCRIEF, Mack D., S2. MONKS, Robert JOHNSON, Harold B., S1. JOHNSON, Sidney seph W., S1. LONGWELL, Donald J., S1. B., GM3. MONTOYA, Frank E., S1. MOORE, B., S1. JOHNSON, Walter M. Jr., S1. JOHN- LOPEZ, Daniel B., F2*. LOPEZ, Sam, S1*. Donald G., S2. MOORE, Elbert, S2. MOORE, SON, William A., S1*. JOHNSTON, Earl R., LORENC, Edward R., S2. LOYD, John F., Harley E., S1. MOORE, Kyle C., LCDR. BM2. JOHNSTON, Lewis E., S1. JOHNSTON, WT2. LUCAS, Robert A., S2. LUCCA, Frank MOORE, Wyatt P., BKR1. MORAN, Joseph Ray F., MM1. JOHNSTON, Scott A., F2. J., F2*. LUHMAN, Emerson D., MM3. J., RM1*. MORGAN, Eugene S., BM2*. MOR- JONES, Clinton L., COX*. JONES, George E., LUNDGREN, Albert D., S1. Luttrull, Claud GAN, Glenn G., BGM3*. MORGAN, Lewis E., May 25, 1999 CONGRESSIONAL RECORD — SENATE S5969 S2. MORGAN, Telford F., ENS. MORRIS, Al- RAWDON, John H., EM3*. REALING, Lyle Jr., S2. SORDIA, Ralph, S2. SOSPIZIO, bert O., S1*. MORSE, Kendall H., LT (jg). O., FC2. REDMAYNE, Richard B., LT.*. Andre, EM3*. SPARKS, Charles B., COX. MORTON, Charles W., S2. MORTON, Marion REED, Thomas W., EM3. REEMTS, Alvan T., SPEER, Lowell E., RT3. SPENCER, Daniel E., SK2. MOSELEY, Morgan M., SC1*. S1. REESE, Jesse E., S2. REEVES, Chester F., S1*. SPENCER, James D., LT. SPENCER, MOULTON, Charles C., S2. MOWREY, Ted O. B., S1*. REEVES, Robert A., F2. Roger, S1*. SPECNER, Sidney A., WO. SPIN- E., SK3*. MOYNELO, Harold C. Jr., ENS. REGALADO, Robert H., S1. REHNER, Her- DLE, Orval A., S1. SPINELLI, John A., SC2*. MROSZAK, Frank A., S2. bert A., S1*. REID, Curtis F., S2*. REID, SPOMER, Elmer 3., SF2. St. PIERRE, Leslie MULDOON, John J., MM1*. MULVEY, Wil- James E., BM2*. REID, John, LCDR*. REID, R., MM2. STADLER, Robert H., WT3. liam R., BM1*. MURILLO, Sammy, S2. MUR- Tommy L., RDM38*. REILLY, James F., Y1. STAMM, Florian M., S2*. STANFORTH, PHY, Allen, S2. MURPHY, Paul J., FC3*. REINERT, Leroy, F1. REMONDET, Edward David E., F2. STANKOWSKI, Archie J., S2. MUSARRA, Joseph, S1. MYERS, Charles Lee J. Jr., S2. REYNOLDS, Alford, GM28*. REY- STANTURF, Frederick R., MM2. Jr., S2. MYERS, Glen A., MM2. MYERS, NOLDS, Andrew E., S1. REYNOLDS, STEIGERWALD, Fred, GM2. STEPHENS, H.B., F1*. NABERS, Neal A., S2. NASPINI, Carleton C., F1. RHEA, Clifford, F2. Richard P., S2*. STEVENS, George G., WT2*. Joseph A., F2*. NEAL, Charles K., S2. NEAL, RHODES, Vernon L., F1. RHOTEN, Roy E., STEVENS, Wayne A., MM2. STEWART, George M., S2. NEALE, Harlan B., S2. F2. RICE, Albert, STM1. RICH, Garland L., Glenn W., CFCP*. STEWART, Thomas A., NELSEN, Edward J., GM1*. NELSON, Frank S1. RICHARDSON, John R., S2. RICHARD- SK2. STICKLEY, Charles B. GM3. STIER, H., S2*. NEU, Hugh H., S2. NEUBAUER, SON, Joseph G., S2. RIDER, Francis A., William G., S1. STIMSON, David, ENS. Richard, S2. NEUMAN, Jerome C., F1. NEV- RDM3. RILEY, Junior Thomas, BM2. STONE, Dale E., S2. STONE, Homer B., Y1. ILLE, Bobby G., S2. NEWCOMER, Lewis W., RINEAY, Francis Henry, Jr., S28*. ROB- STOUT, Kenneth I., LCDR. STRAIN, Joseph MM3. NEWELL, James T., EM1. NEWHALL, ERTS, Benjamin E., WT1. ROBERTS, Nor- M., S2. STREICH, Allen C., RM2*. James F., S1*. NICHOLS, James C., S2*. man H., MM1*. ROBERTS, Charles, S1. STICKLAND, George T., S2. NICHOLS, Joseph L., BM2. NICHOLS, Paul ROBISON, Gerald E., RT3. ROBISON, John STRIETER, Robert C., S2. STRIPE, Wil- V., MM3. NIELSEN, Carl Aage Chor Jr., F1. D., COX*. ROBISON, Marzie J., S2. ROCHE, liam S., S2. STROM, Donald A., S2. NIETO, Baltazar P, GM3. NIGHTINGALE, Joseph M., LT. ROCKENBACH, Earl A., SC2. STROMKO, Joseph A., F2. STRYFFELER, William O., MM1*. NISKANEN, John H., F2. ROESBERRY, Jack R., S1. ROGELL, Henry Virgil L., F2. STUECKLE, Robert L., S2. NIXON, Daniel M., S2*. NORBERG, James T., F1. ROGERS, Ralph G., RDM3*. ROGERS, STURTEVANT, Elwyn L., RM2*. SUDANO, A., CBMP*. NORMAN, Theodore R., GM2. Ross, Jr., ENS*. ROLAND, Jack A., PHM1. Angelo A., SSML3. SUHR, Jerome R., S2. NOWAK, George J., F2. NUGENT, William ROLLINS, Willard E., RM3. ROMANI, SULLIVAN, James P., S2. SULLIVAN, Wil- G., S2. NUNLEY, James P, F1. NUNLEY, Frank J., HAI. ROOF, Charles W, S2. ROSE, liam D., PTR2. SUTER, Frnak E., S1*. Troy A., S2*. NUTT, Raymond A., S2. Berson H., GM2. ROSS, Glen E., F2. ROTH- SWANSON, Robert H., MM2. SWART, Robert NUTTALL, Alexander C., S1*. OBLEDO, MAN, Aaron, RDM3. ROWDEN, Joseph G., L., LT (jg). SWINDELL, Jerome H., F2. Mike G., S1*. O’BRIEN, Arthur J., S2. F1. ROZZANO, John, Jr., S2. RUDOMANSKI, TAGGART, Thomas H., S1. TALLEY, Dewell O’CALLAGHAN, Del R., WT2. OCHOA, Er- Eugene W., RT2. RUE, William G., MM1. E., RM2. TAWATER, Charles H., F1*. nest, FC3. RUSSELL, Robert A., S2. RUSSELL, Virgil TEERLINK, David S., CWO. TELFORD, Arno O’DONNELL, James E., WT3*. OLDERON, M., COX*. RUST, Edwin L., S1. RUTHER- J., RT3. TERRY, Robert W., S1. THELEN, Bernhard G., S1. OLIJAR, John, S1*. O’NEIL, FORD, Robert A., RM2. RYDZESKI, Frank Richard P., S2*. THIELSCHER, Robert T., Eugene E., S1. ORR, Homer L., HAI. ORR, W., F1. SAATHOFF, Don W., S2*. SAENZ, CRTP. THOMAS, Ivan M., S1*. THOMPSON, John Irwin, Jr., LT. ORSBURN, Frank H., Jose A., SC3. SAIN, Albert F., S1. SALINAS, David A., EM3*. THORPE, Everett N., WT3. SSML2*. ORTIZ, Orlando R., Y3. OSBURN, Alfredo A., S1. SAMANO, Nuraldo, S2. THURKETTLE, William C., S2*. TIDWELL, Charles W., S2. OTT, Theodore G., Y1. SAMPSON, Joseph R., S2. SAMS, Robert C., James F., S2. TISTHAMMER, Bernard E., OUTLAND, Felton J., S1*. OVERMAN, Thur- STM2. SANCHEZ, Alejandro V., S2. CGMA. TOCE, Nicolo, S2. TODD, Harold O., man D., S2*. OWEN, Keith N., SC3*. OWENS, SANCHEZ, Fernando S., SC3*. SAND, Cyrus CM3. TORRETTA, John Mickey, F1*. TOSH, Robert Sheldon, Jr., QM3. OWENSBY, H., BM1. SANDERS, Everett R., MOMM1. Bill H., RDM3. TRIEMER, Ernst A., ENS. Clifford C., F2. PACE, Curtis, S2*. PACHECO, SASSMAN, Gordon W., COX. SCANLAN, TROTTER, Arthur C., RM2. TRUDEAU, Ed- Jose C., S2*. PAGITT, Eldon E., F2. PAIT, Osceola C., S2*. SCARBROUGH, Fred R., mond A., LT. TRUE, Roger O., S2. TRUITT, Robert E., BM2. PALMITER, Adelore A., S2*. COX. SCHAAP, Marion J., QM1. SCHAEFER, Robert E., RM2. TRYON, Frederick B., PANE, Francis W., S2. PARHAM, Fred, ST2. Harry W., S2. SCHAFFER, Edward J., S1. BUG2. TULL, James A., S1. TURNER, PARK, David E., ENS. PAROUBEK, Richard SCHARTON, Elmer D., S1. SCHECHTERLE, Charles M., S2*. TURNER, William C., MM2. A., Y1*. PASKET, Lyle M., S2*. PATTER- Harold J., RDM3*. SCHEIB, Albert E., F2. TURNER, William H., Jr., ACMMA. SON, Alfred T., S2. PATTERSON, Kenneth SCHEWE, Alfred P., S1. SCHLATTER, Rob- G., S1. PATZER, Herman L., EM1. PAULK, TWIBLE, Harlan M., ENS.*. ert L., AOM3. SCHLOTTER, James R., ULIBARRI, Antonio D., S2. ULLMANN, Luther D., S2*. PAYNE, Edward G., S2*. RDM3. SCHMUECK, John A., CPHMP*. PAYNE, George D., S2. PENA, Santos A., Paul E., LT (jg). UMENHOFFER, Lyle E., SCHNAPPAUF, Harold J., SK3. SCHOOLEY, S1*. UNDERWOOD, Carey L., S1. UNDER- S1*. PENDER, Welburn M., F2. PEREZ, Dillard A., COX. SCHUMACHER, Arthur J., Basilio, S2*. PERKINS, Edward C., F2*. WOOD, Ralph E., S1*. VAN METER, Joseph Jr., CEMA. SCOGGINS, Millard, SM2. W., WT3*. WAKEFIELD, James N., S1. PERRY, Robert J., S2. PESSOLANO, Mi- SCOTT, Burl D., STM2. SCOTT, Curtis M., WALKER, A.W., STM1. WALKER, Jack E., chael R., LT. PETERS, Earl J., S2. PETER- S1. SCOTT, Hilliard, STM 1. SEABERT, RM2. WALKER, Verner B., F2*. WALLACE, SON, Avery C., S2*. PETERSON, DARREL Clarke W., S2*. SEBASTIAN, Clifford H., Earl J., RDM3. WALLACE, John, RDM3. E., S1. PETERSON, Frederick A., MAM3. PE- RM2. SEDIVI, Alfred J., PHOM2. SELBACH, WALTERS, Donald H., F1. WARREN, Wil- TERSON, Glenn H., S1. PETERSON, Ralph Walter H., WT2. SELL, Ernest F., EM2. liam R., RT3. WATERS, Jack L., CYA. WAT- R., S2. PETRINCIC, John Nicholas, Jr., FC3. SELLERS, Leonard E., SF3. SELMAN, SON, Winston H., F2. WELLS, Charles O., PEYTON, Robert C., STM1. PHILLIPS, Amos, S2. SETCHFIELD, Arthur L., COX*. S1*. WELLS, Gerald Lloyd, EM3. Aulton N. Sr., F2. PHILLIPS, Huie H., S2*. SEWELL, Loris E., S2. SHAFFER, Robert P., WENNERHOLM, Wayne L, COX. WENZEL, PIERCE, Clyde A., CWTA. PIERCE, Robert GM3*. SHAND, Kenneth W., WT2. SHARP, Ray G., RT3. WHALEN, Stuart D., GM2. W., S2. PIPERATA, Alfred J., MM1. PIT- William H., S2*. SHAW, Calvin P., GM2. WHALLON, Louis E, Jr., LT (jg). WHITE, MAN, Robert F., S2. PITTMAN, Almire, Jr., SHEARER, Harold J., S2*. SHELTON, Wil- Earl C., TC1. WHITE, Howard M., CWTP. ST3. PLEISS, Roger D., F2. PODISH, Paul, liam E. Jr., SM2. SHIELDS, Cecil N., SM2. WHITING, George A., F2*. WHITMAN, Rob- S2*. PODSCHUN, Clifford A., S2*. POGUE, SHIPMAN, Robert L., GM3. SHOWN, Donald ert T., LT. WILCOX, Lindsey Z., WT2* Herman C., S2*. POHL, Theodore, F2. H., CFC*. SHOWS, Audie B., COX*. SIKES, WILEMAN, Roy W., PHM3. WILLARD, POKRYFKA, Donald M., S2. POOR, Gerald Theodore A., ENS. SILCOX, Burnice R., S1. Merrirnan D., PHM2. WILLIAMS, Billie J., M., S2*. POORE, Albert F., S2. POTRYKUS, SILVA, Phillip G., S1. SIMCOX, Gordon, W., MM2. WILLIAMS, Magellan, STM1. WIL- Frank P., F2. POTTS, Dale F., S2*. POWELL, EM3. SIMCOX, John A., F1. SIMPSON, Wil- LIAMS, Robert L., WO. WILSON, Frank, F2. Howard W., F1. POWERS, R. C. Ottis, S2. liam E., BM2,*. SIMS, Clarence, CK2. SIN- WILSON, Thomas B., S1. WISNIEWSKI, Poynter, Raymond L., S2. PRAAY, William CLAIR, J. Ray, S2*. SINGERMAN, David, Stanley, F2*. WITMER, Milton R., EM2. T., S2. PRATHER, Clarence J., CMMA. SM2. SIPES, John L., S1. SITEK, Henry J., WITZIG, Robert M., FC3*. PRATT, George R., F1. PRICE, James D., S2*. SITZLAR, William C., F1. SLADEK, WOJCIECHOWSKI, Maryian J., GM2. S1*. PRIESTLE, Ralph A., S2. PRIOR, Wal- Wayne L, BM1*. SLANKARD, Jack C., S1*. WOLFE, Floyd R., GM3. WOODS, Leonard T., ter M., S2. PUCKETT, William C., S2. SMALLEY, Howard E., S1. SMELTZER, CWO. WOOLSTON, John, ENS.*. YEAPLE, PUPUIS, John A., S1. PURCEL, Franklin W., Charles H., S2*. SMERAGLIA, Michael, RM3. Jack T., Y3. ZINK, Charles W., EM2*. S2. PURSEL, Forest V., WT2. PYRON, SMITH, Carl M., SM2. SMITH, Charles A., ZOBAL, Francis J., S2. Freddie H., S1. QUEALY, William C. Jr., S1. SMITH, Cozell Lee, Jr., COX*. SMITH, PR2*. RABB, John R., SC1. RAGSDALE, Edwin L., S2. SMITH, Eugene G., BM2. MARINE DETACHMENT Jean O., S1. RAHN, Alvin W., SK3. RAINES, SMITH, Frederick C., F2*. SMITH, George BRINKER, David A., PFC. BROWN, Orlo Clifford Junior, S2. RAINS, Rufus B., S1. RA- R., S1. SMITH, Guy N., FC2. SMITH, Henry N., PFC. BUSH, John R., PVT. CROMLING, MIREZ, Ricardo, S1*. RAMSEYER, Raymond A., F1. SMITH, Homer L., F2. SMITH, James Charles J., Jr., PLTSGT. DAVIS, William H., C., RT3. RANDOLPH, Clco, STM1. W., S2*. SMITH, Kenneth D., S2. SMITH, PFC. DUPECK, Albert Jr., PFC. RATHBONE, Wilson, S2*. RATHMAN, Frank Olen E., CM3. SNYDER, John N., SF2. SNY- GREENWALD, Jacob, 1st SGT*. GRIMM, Junior, S1. DER, Richard R., S1. SOLOMON, William, Loren E., PFC. HANCOCK, Thomas A., PFC. S5970 CONGRESSIONAL RECORD — SENATE May 25, 1999

HARRELL, Edgar A., CPL*. HOLLAND, ginia (Mr. BYRD) was added as a co- S. 718 John F. Jr., PFC. HUBBARD, Gordon R., sponsor of S. 472, a bill to amend title At the request of Ms. MIKULSKI, the PFC. HUBBRD, Leland R., PFC. HUGHES, XVIII of the Social Security Act to name of the Senator from Maryland Max M., PFC*. JACOB, Melvin C., PFC* provide certain medicare beneficiaries (Mr. SARBANES) was added as a cospon- KENWORTHY, Glenn W, CPL. KIRCHNER, John H., PVT. LARSEN, Harlan D., PFC. with an exemption to the financial lim- sor of S. 718, a bill to amend chapters LEES, Henry W., PFC. MARTTILA, Howard itations imposed on physical, speech- 83 and 84 of title 5, United States Code, W., PVT. McCOY, Giles G., PFC*. MES- language pathology, and occupational to extend the civil service retirement SENGER, Leonard J., PFC. MUNSON, Bryan therapy services under part B of the provisions of such chapter which are C., PFC. MURPHY, Charles T., PFC. NEAL, medicare program, and for other pur- applicable to law enforcement officers, William F., PFC. PARKE, Edward L., CAPT. poses. to inspectors of the Immigration and REDD, Robert F., PVT. REINOLD, George, S. 495 Naturalization Service, inspectors and H., PFC. RICH, Raymond A., RIGGINS, Earl, canine enforcement officers of the PVT*. ROSE, Francis E., PFC. SPINO, Frank At the request of Mr. BOND, the J., PFC. SPOONER, Miles L., PVT*. names of the Senator from Kentucky United States Customs Service, and STAUFFER, Edward H., 1st LT. (Mr. BUNNING) and the Senator from revenue officers of the Internal Rev- STRAUGHN, Howard V. Jr., CPL. Florida (Mr. MACK) were added as co- enue Service. THOMSEN, Arthur A., PFC. TRACY, Rich- sponsors of S. 495, a bill to amend the S. 800 ard I. Jr., SGT. UFFELMAN, Paul R. PFC*. Clean Air Act to repeal the highway At the request of Mr. BURNS, the WYCH, Robert A. PFC. sanctions. names of the Senator from Colorado * Indicates a survivor. (Mr. ALLARD) and the Senator from f S. 506 At the request of Mrs. MURRAY, her Louisiana (Mr. BREAUX) were added as ADDITIONAL COSPONSORS name was added as a cosponsor of S. cosponsors of S. 800, a bill to promote and enhance public safety through the S. 42 506, a bill to amend the Internal Rev- use of 9–1–1 as the universal emergency At the request of Mr. HELMS, the enue Code of 1986 to permanently ex- assistance number, further deployment name of the Senator from Oklahoma tend the provisions which allow non- of wireless 9–1–1 service, support of (Mr. NICKLES) was added as a cosponsor refundable personal credits to be fully States in upgrading 9–1–1 capabilities of S. 42, a bill to amend title X of the allowed against regular tax liability. and related functions, encouragement Public Health Service Act to permit S. 512 of construction and operation of seam- family planning projects to offer adop- At the request of Mr. GORTON, the less, ubiquitous, and reliable networks tion services. name of the Senator from Rhode Island for personal wireless services, and for S 171 (Mr. REED) was added as a cosponsor of . other purposes. At the request of Mr. MOYNIHAN, the S. 512, a bill to amend the Public S. 820 name of the Senator from West Vir- Health Service Act to provide for the At the request of Mr. CHAFEE, the ginia (Mr. ROCKEFELLER) was added as expansion, intensification, and coordi- name of the Senator from Minnesota a cosponsor of S. 171, a bill to amend nation of the activities of the Depart- (Mr. GRAMS) was added as a cosponsor the Clean Air Act to limit the con- ment of Health and Human Services of S. 820, a bill to amend the Internal centration of sulfur in gasoline used in with respect to research on autism. Revenue Code of 1986 to repeal the 4.3- motor vehicles. S. 514 cent motor fuel excise taxes on rail- S. 242 At the request of Mr. COCHRAN, the roads and inland waterway transpor- At the request of Mr. JOHNSON, the names of the Senator from Rhode Is- tation which remain in the general names of the Senator from Nebraska land (Mr. REED) and the Senator from fund of the Treasury. ERREY Ohio (Mr. DEWINE) were added as co- (Mr. K ) and the Senator from S. 870 Iowa (Mr. HARKIN) were added as co- sponsors of S. 514, a bill to improve the At the request of Ms. COLLINS, the National Writing Project. sponsors of S. 242, a bill to amend the name of the Senator from Alaska (Mr. Federal Meat Inspection Act to require S. 635 STEVENS) was added as a cosponsor of the labeling of imported meat and At the request of Mr. MACK, the name S. 870, a bill to amend the Inspector meat food products. of the Senator from New Mexico (Mr. General Act of 1978 (5 U.S.C. App.) to S. 327 BINGAMAN) was added as a cosponsor of increase the efficiency and account- At the request of Mr. HAGEL, the S. 635, a bill to amend the Internal ability of Offices of Inspector General name of the Senator from North Da- Revenue Code of 1986 to more accu- within Federal departments, and for kota (Mr. CONRAD) was added as a co- rately codify the depreciable life of other purposes. sponsor of S. 327, a bill to exempt agri- printed wiring board and printed wir- S. 879 ing assembly equipment. cultural products, medicines, and med- At the request of Mr. CONRAD, the ical products from U.S. economic sanc- S. 676 names of the Senator from New Jersey tions. At the request of Mr. CAMPBELL, the (Mr. TORRICELLI) and the Senator from S. 455 name of the Senator from Wisconsin Utah (Mr. HATCH) were added as co- At the request of Mr. DURBIN, the (Mr. FEINGOLD) was added as a cospon- sponsors of S. 879, a bill to amend the name of the Senator from Illinois (Mr. sor of S. 676, a bill to locate and secure Internal Revenue Code of 1986 to pro- FITZGERALD) was added as a cosponsor the return of Zachary Baumel, a cit- vide a shorter recovery period for the of S. 455, a bill to amend the Immigra- izen of the United States, and other depreciation of certain leasehold im- tion and Nationality Act with respect Israeli soldiers missing in action. provements. to the requirements for the admission S. 684 S. 881 of nonimmigrant nurses who will prac- At the request of Ms. COLLINS, the At the request of Mr. BENNETT, the tice in health professional shortage name of the Senator from Massachu- name of the Senator from Kentucky areas. setts (Mr. KERRY) was added as a co- (Mr. MCCONNELL) was added as a co- S. 459 sponsor of S. 684, a bill to amend title sponsor of S. 881, a bill to ensure con- At the request of Mr. BREAUX, the 11, United States Code, to provide for fidentiality with respect to medical names of the Senator from Michigan family fishermen, and to make chapter records and health care-related infor- (Mr. LEVIN) and the Senator from Indi- 12 of title 11, United States Code, per- mation, and for other purposes. ana (Mr. BAYH) were added as cospon- manent. S. 908 sors of S. 459, a bill to amend the Inter- S. 693 At the request of Mr. DORGAN, the nal Revenue Code of 1986 to increase At the request of Mr. HELMS, the names of the Senator from Illinois (Mr. the State ceiling on private activity name of the Senator from Mississippi DURBIN) and the Senator from Iowa bonds. (Mr. LOTT) was added as a cosponsor of (Mr. HARKIN) were added as cosponsors S. 472 S. 693, a bill to assist in the enhance- of S. 908, a bill to establish a com- At the request of Mr. GRASSLEY, the ment of the security of Taiwan, and for prehensive program to ensure the safe- name of the Senator from West Vir- other purposes. ty of food products intended for human