10758 CONGRESSIONAL RECORD—SENATE May 25, 1999 Mrs. BOXER, Mrs. FEINSTEIN, Mr. the assistance, to allow the organiza- In the past three years, we have DODD, Mr. ROCKEFELLER, Mr. BIDEN, tions to accept the funds to provide the begun to hear about how Charitable Mr. SCHUMER, Mrs. MURRAY, Mr. DUR- assistance to the individuals without Choice is opening doors for the govern- BIN, and Mr. KERRY): impairing the religious character of ment and communities of faith to work S. 1120 A bill to ensure that children en- the organizations or the religious free- rolled in medicaid and other Federal means- together to help our nation’s poor and tested programs at highest risk for lead poi- dom of the individuals, and for other needy gain hope and self-sufficiency. soning are identified and treated, and for purposes; to the Committee on Govern- For example, shortly after passage of other purposes; to the committee on Fi- mental Affairs. the federal welfare law, Governor nance. CHARITABLE CHOICE EXPANSION ACT OF 1999 George Bush of Texas signed an execu- Mr. LEAHY: Mr. ASHCROFT. Mr. President, tive order directing ‘‘all pertinent ex- S. 1121. A bill to amend the Clayton Act to America’s best ideas for helping the ecutive branch agencies to take all enhance the authority of the Attorney Gen- poor have come from grassroots com- necessary steps to implement the eral to prevent certain mergers and acquisi- munities and private organizations of ‘charitable choice’ provision of the fed- tions that would unreasonably limit com- people who know and care about their petition; to the Committee on the Judiciary. eral welfare law.’’ Cookman United By Mr. STEVENS: neighbors. These groups see people and Methodist Church, a 100 member parish S. 1122. An original bill making appropria- their life experiences, not theories or in Philadelphia, received a state con- tions for the Department of Defense for the statistics. We have known for years tract to run its ‘‘Transitional Journey fiscal year ending September 30, 2000, and for that government solutions have failed Ministry,’’ which provides life and job other purposes; from the Committee on Ap- miserably in moving people from de- skills to welfare mothers and places propriations; placed on the calendar. pendency and despair to responsibility them into jobs with benefits. In less By Ms. COLLINS (for herself, Mr. and independence. For years America’s than a year, the church placed 22 wel- FRIST, Mr. ABRAHAM, Ms. SNOWE, Mr. churches and charities have been lead- JEFFORDS, and Mr. COVERDELL): fare recipients into jobs. Payne Memo- ing the way in helping the poor achieve rial Outreach Center, an affiliate of a S. 1123. A bill to amend the Federal Food, dignity and self-sufficiency. This is Drug, and Cosmetic Act to improve the safe- Baltimore church, has helped over 450 ty of imported food, and for other purposes; why I have been advocating that gov- welfare recipients find jobs under a ernment should find ways to help these to the Committee on Agriculture, Nutrition, state contract. and Forestry. organizations unleash the cultural In light of these success stories By Mr. SMITH of New Hampshire (for remedy our society so desperately around the nation, more and more himself, Mr. FRIST, Mr. BOND, Ms. needs. states and counties are beginning to LANDRIEU, Mr. ROBB, Mr. HAGEL, Mr. Therefore, it was with great interest see what a critical role the faith-based BREAUX, Mr. TORRICELLI, Mr. HELMS, that I heard about Vice President community can play in helping people Mr. INHOFE, Mr. DURBIN, and Mr. ED- GORE’s statements Monday in Atlanta move off of welfare. They are eager to WARDS): expressing his support for Charitable S.J. Res. 25. A joint resolution expressing Choice. The Vice President’s interest put the Charitable Choice concept into the sense of Congress with respect to the in Charitable Choice is welcome news. action in their communities. court-martial conviction of the late Rear Ad- We have always known that Chari- Governor Bush is in the forefront of miral Charles Butler McVay, III, and calling table Choice is truly bipartisan in na- Charitable Choice solutions. Truly, upon the President to award a Presidential ture, and has the support of over 35 or- Unit Citation to the final crew of the U.S.S. where once there was contention and ganizations that span a wide political Indianapolis; to the Committee on Armed debate, there now is swelling bipar- Services. tisan agreement on the promise of and social spectrum. Members from By Mr. SMITH of New Hampshire (for Charitable Choice. both sides of the aisle here in the Sen- himself, Mr. FRIST, Mr. BOND, Ms. Congress has been in the forefront of ate have voted in support of this provi- LANDRIEU, Mr. ROBB, Mr. HAGEL, Mr. encouraging the type of faith-based so- sion. And now, with the Vice Presi- BREAUX, Mr.. TORRICELLI, Mr. HELMS, lutions that the Vice President was dent’s support for Charitable Choice, I Mr. INHOFE, Mr. DURBIN, Mr. ED- promoting yesterday in Atlanta. The am reintroducing legislation that I in- WARDS, Mrs. BOXER, and Mr. INOUYE): troduced in the 105th Congress, the S.J. Res. 26. A joint resolution expressing 1996 welfare reform law contains the the sense of Congress with respect to the Charitable Choice provision I authored, ‘‘Charitable Choice Expansion Act,’’ courtmartial conviction of the late Rear Ad- which encourages states to partner which would expand the Charitable miral Charles Butler McVay, III, and calling with faith-based organizations to serve Choice concept across all federally upon the President to award a Presidential welfare recipients with federal dollars. funded social service programs. Unit Citation to the final crew of the U.S.S. Last fall, we expanded Charitable The substance of the Charitable Indianapolis; read the first time. Choice to cover services provided under Choice Expansion Act is virtually iden- f the Community Services Block Grant tical to that of the original Charitable program, which provides funds to local Choice provision of the welfare reform SUBMISSION OF CONCURRENT AND agencies to alleviate poverty in their law. The only real difference between SENATE RESOLUTIONS communities. And just last week, the the two provisions is that the new bill The following concurrent resolutions Senate approved a juvenile justice bill covers many more federal programs and Senate resolutions were read, and containing Charitable Choice for serv- than the original provision. referred (or acted upon), as indicated: ices provided to at-risk juveniles, such While the original Charitable Choice By Mr. SPECTER: as counseling for troubled youth. provision applies mainly to the new S. Con. Res. 34. A concurrent resolution re- The Charitable Choice provision in welfare reform block grant program, lating to the observance of ‘‘In Memory’’ the 1996 welfare reform law was one the Charitable Choice Expansion Act Day; to the Committee on the Judiciary. way to achieve the goal of inviting the applies to all federal government pro- f greater participation of charitable and grams in which the government is au- faith-based organizations in providing thorized to use nongovernmental orga- STATEMENTS ON INTRODUCED services to the poor. The provision al- nizations to provide federally funded BILLS AND JOINT RESOLUTIONS lows charitable and faith-based organi- services to beneficiaries. Some of the By Mr. ASHCROFT: zations to compete for contracts and programs that would be covered under S. 1113. A bill to amend title XXIV of voucher programs on an equal basis this legislation include housing, sub- the Revised Statutes, relating to civil with all other non-governmental pro- stance abuse prevention and treat- rights, to prohibit discrimination viders when the state or local govern- ment, seniors services, the Social Serv- against nongovernmental organiza- ment chooses to use private sector pro- ices Block Grant, abstinence education tions and certain individuals on the viders for delivering welfare services to and child welfare services. basis of religion in the distribution of the poor under the Temporary Assist- With this recent expression of bipar- government funds to provide govern- ance for Needy Families (TANF) pro- tisan support for Charitable Choice ment assistance and the distribution of gram. from the Vice President, now is the

VerDate Aug 04 2004 14:03 Oct 02, 2004 Jkt 069102 PO 00000 Frm 00068 Fmt 0686 Sfmt 0634 E:\BR99\S25MY9.002 S25MY9 May 25, 1999 CONGRESSIONAL RECORD—SENATE 10759 time for Congress to move quickly to ‘‘(e) RELIGIOUS CHARACTER AND INDEPEND- ‘‘(i) FISCAL ACCOUNTABILITY.— pass the Charitable Choice Expansion ENCE.— ‘‘(1) IN GENERAL.—Except as provided in Act, so that we can empower the orga- ‘‘(1) IN GENERAL.—A religious organization paragraph (2), any religious organization providing assistance under any program de- nizations that are best equipped to in- that provides assistance under a program de- scribed in subsection (c) shall retain its inde- scribed in subsection (c) shall be subject to still hope and transform lives to ex- pendence from Federal, State, and local gov- the same regulations as other nongovern- pand their good work across the na- ernments, including such organization’s con- mental organizations to account in accord tion. trol over the definition, development, prac- with generally accepted accounting prin- Mr. President, I ask unanimous con- tice, and expression of its religious beliefs. ciples for the use of such funds provided sent that the bill be printed in the ‘‘(2) ADDITIONAL SAFEGUARDS.—Neither the under such program. ‘‘(2) LIMITED AUDIT.—Such organization RECORD. Federal Government nor a State or local government shall require a religious organi- shall segregate government funds provided There being no objection, the bill was under such program into a separate account. zation— ordered to be printed in the RECORD, as Only the government funds shall be subject ‘‘(A) to alter its form of internal govern- to audit by the government. follows: ance; or S. 1113 ‘‘(j) COMPLIANCE.—A party alleging that ‘‘(B) to remove religious art, icons, scrip- the rights of the party under this section Be it enacted by the Senate and House of Rep- ture, or other symbols; have been violated by a State or local gov- resentatives of the United States of America in in order to be eligible to provide assistance ernment may bring a civil action pursuant Congress assembled, under a program described in subsection (c). to section 1979 against the official or govern- SECTION 1. PROVISION OF ASSISTANCE UNDER ‘‘(f) EMPLOYMENT PRACTICES.— ment agency that has allegedly committed GOVERNMENT PROGRAMS BY RELI- ‘‘(1) TENETS AND TEACHINGS.—A religious such violation. A party alleging that the GIOUS ORGANIZATIONS. organization that provides assistance under rights of the party under this section have Title XXIV of the Revised Statutes is a program described in subsection (c) may been violated by the Federal Government amended by inserting after section 1990 (42 require that its employees providing assist- may bring a civil action for appropriate re- U.S.C. 1994) the following: ance under such program adhere to the reli- lief in an appropriate Federal district court ‘‘SEC. 1994A. CHARITABLE CHOICE. gious tenets and teachings of such organiza- against the official or government agency ‘‘(a) SHORT TITLE.—This section may be tion, and such organization may require that that has allegedly committed such violation. cited as the ‘Charitable Choice Expansion those employees adhere to rules forbidding ‘‘(k) LIMITATIONS ON USE OF FUNDS FOR Act of 1999’. the use of drugs or alcohol. CERTAIN PURPOSES.—No funds provided ‘‘(b) PURPOSE.—The purposes of this sec- ‘‘(2) TITLE VII EXEMPTION.—The exemption through a grant or contract to a religious or- tion are— of a religious organization provided under ganization to provide assistance under any ‘‘(1) to prohibit discrimination against section 702 or 703(e)(2) of the Civil Rights Act program described in subsection (c) shall be nongovernmental organizations and certain of 1964 (42 U.S.C. 2000e–1, 2000e–2(e)(2)) regard- expended for sectarian worship, instruction, individuals on the basis of religion in the dis- ing employment practices shall not be af- or proselytization. tribution of government funds to provide fected by the religious organization’s provi- ‘‘(l) EFFECT ON STATE AND LOCAL FUNDS.— government assistance and distribution of sion of assistance under, or receipt of funds If a State or local government contributes the assistance, under government programs from, a program described in subsection (c). State or local funds to carry out a program described in subsection (c), the State or local described in subsection (c); and ‘‘(g) RIGHTS OF BENEFICIARIES OF ASSIST- government may segregate the State or local ‘‘(2) to allow the organizations to accept ANCE.— funds from the Federal funds provided to the funds to provide the assistance to the in- ‘‘(1) IN GENERAL.—If an individual de- carry out the program or may commingle dividuals without impairing the religious scribed in paragraph (3) has an objection to the State or local funds with the Federal character of the organizations or the reli- the religious character of the organization funds. If the State or local government com- from which the individual receives, or would gious freedom of the individuals. mingles the State or local funds, the provi- receive, assistance funded under any pro- ‘‘(c) RELIGIOUS ORGANIZATIONS INCLUDED AS sions of this section shall apply to the com- gram described in subsection (c), the appro- NONGOVERNMENTAL PROVIDERS.—For any pro- mingled funds in the same manner, and to priate Federal, State, or local governmental gram carried out by the Federal Govern- the same extent, as the provisions apply to ment, or by a State or local government entity shall provide to such individual (if the Federal funds. with Federal funds, in which the Federal, otherwise eligible for such assistance) within ‘‘(m) TREATMENT OF INTERMEDIATE CON- State, or local government is authorized to a reasonable period of time after the date of TRACTORS.—If a nongovernmental organiza- use nongovernmental organizations, through such objection, assistance that— tion (referred to in this subsection as an ‘in- contracts, grants, certificates, vouchers, or ‘‘(A) is from an alternative organization termediate organization’), acting under a other forms of disbursement, to provide as- that is accessible to the individual; and contract or other agreement with the Fed- sistance to beneficiaries under the program, ‘‘(B) has a value that is not less than the eral Government or a State or local govern- the government shall consider, in the same value of the assistance that the individual ment, is given the authority under the con- basis as other nongovernmental organiza- would have received from such organization. tract or agreement to select non-govern- tions, religious organizations to provide the ‘‘(2) NOTICE.—The appropriate Federal, mental organizations to provide assistance assistance under the program, so long as the State, or local governmental entity shall en- under the programs described in subsection program is implemented in a manner con- sure that notice is provided to individuals (c), the intermediate organization shall have sistent with the Establishment Clause of the described in paragraph (3) of the rights of the same duties under this section as the first amendment to the Constitution. Nei- such individuals under this section. government but shall retain all other rights ther the Federal Government nor a State or ‘‘(3) INDIVIDUAL DESCRIBED.—An individual of a nongovernmental organization under local government receiving funds under such described in this paragraph is an individual this section.’’. program shall discriminate against an orga- who receives or applies for assistance under nization that provides assistance under, or a program described in subsection (c). By Mr. ENZI: applies to provide assistance under, such pro- ‘‘(h) NONDISCRIMINATION AGAINST BENE- S. 1114. A bill to amend the Federal gram, on the basis that the organization has FICIARIES.— Mine Safety and Health Act of 1977 to a religious character. ‘‘(1) GRANTS AND CONTRACTS.—A religious establish a more cooperative and effec- ‘‘(d) EXCLUSIONS.—As used in subsection organization providing assistance through a tive method for rulemaking that takes grant or contract under a program described (c), the term ‘program’ does not include ac- into account the special needs and con- tivities carried out under— in subsection (c) shall not discriminate, in ‘‘(1) Federal programs providing education carrying out the program, against an indi- cerns of smaller miners; to the Com- to children eligible to attend elementary vidual described in subsection (g)(3) on the mittee on Health, Education, Labor, schools or secondary schools, as defined in basis of religion, a religious belief, a refusal and Pensions. section 14101 of the Elementary and Sec- to hold a religious belief, or a refusal to ac- THE SMALL MINE ADVOCACY REVIEW PANEL ACT ondary Education Act of 1965 (20 U.S.C. 8801) tively participate in a religious practice. Mr. ENZI. Mr. President, I rise to in- (except for activities to assist students in ob- ‘‘(2) INDIRECT FORMS OF DISBURSEMENT.—A troduce the Small Mine Advocacy Re- taining the recognized equivalents of sec- religious organization providing assistance view Panel Act, or ‘‘Small Mine,’’ Act ondary school diplomas); through a voucher certificate, or other form of 1999. of indirect disbursement under a program de- ‘‘(2) the Higher Education Act of 1965 (20 Achieving mine safety starts with co- U.S.C. 1001 et seq.); scribed in subsection (c) shall not deny an in- ‘‘(3) the Head Start Act (42 U.S.C. 9831 et dividual described in subsection (g)(3) admis- operation. Cooperation is at the heart seq.); or sion into such program on the basis of reli- of the safest workplaces, where em- ‘‘(4) the Child Care and Development Block gion, a religious belief, or a refusal to hold a ployers and employees strive to estab- Grant Act of 1990 (42 U.S.C. 9858 et seq.). religious belief. lish open lines of communication on

VerDate Aug 04 2004 14:03 Oct 02, 2004 Jkt 069102 PO 00000 Frm 00069 Fmt 0686 Sfmt 0634 E:\BR99\S25MY9.002 S25MY9 10760 CONGRESSIONAL RECORD—SENATE May 25, 1999 safety, to provide and wear the right that this rule prohibits small operators SEC. 3 AMENDMENT TO FEDERAL MINE SAFETY protective equipment, and to give and from supplying miners with personal AND HEALTH ACT OF 1997. follow effective training. But coopera- protective equipment, such as ear (a) IN GENERAL.—Section 101(a)(2) of the Federal Mine Safety and Health Act of 1977 tion can’t stop there. To have safe plugs, until after they have tried to (30 U.S.C. 811(a)(2)) is amended by inserting work sites, there must also be an un- lower the noise level by buying new before the last sentence the following: ‘‘The derstanding of what safety rules mean, and ‘‘quieter’’ machines at incredible procedures for gathering comments from how they are to be implemented, and cost, tinkering with old machines, ro- small entities as described in section 609 of what results should be expected. This tating employees around to different title 5, United States Code, shall apply under is the cooperation that should exist be- stations, and implementing all other this section and small mine operators shall tween operators and the Mine Safety ‘‘feasible’’ engineering and administra- be considered to be small entities for pur- and Health Administration, or MSHA, tive controls. All this despite the fact poses of such section. For purposes of the preceding sentence, the term ‘small mine op- and it cannot be ignored or under- that many routinely-used machines erator’ has the meaning given the term valued. can never be made to run as quietly as ‘small business concern’ under section 3 of The bill I am introducing today in- MSHA mandates no matter how much the Small Business Act (including any rules serts a new level of cooperation into money is spent, and that miners will promulgated by the Small Business Adminis- MSHA’s rulemaking. Called the Small have to be rotated outside their areas tration) as such term relates to a mining op- Mine Advocacy Review Panel Act, or of training and expertise. eration.’’. ‘‘Small Mine’’ Act, this bill would man- This proposed rule is in strict opposi- (b) CONFORMING AMENDMENT.—Section date that MSHA and panels of small tion to both MSHA’s and OSHA’s cur- 609(d) of title 5, United States Code, is operators discuss newly proposed rules rent rules which allow miners to wear amended by striking ‘‘Agency and’’ and in- and their potential impact early in the ear plugs in the first instance. It also serting ‘‘Agency, the Mine Safety and Health Administration and’’. regulatory process. This practice is totally abandons logic. It’s like pro- currently employed by OSHA and EPA posing a rule outlawing employees By Mr. SPECTER: and has been of great benefit both for from using steel-toed shoes and instead S. 1115. A bill to require the Sec- the smaller employers and the agency regulating that nothing may ever fall retary of Veterans Affairs to establish because it forces both parties to com- on a worker’s foot. It just doesn’t make a national cemetery for veterans in the ment and respond in an open forum. I any sense. Pittsburgh, Pennsylvania, area; to the have always believed that the simple By discussing this rule with small op- Committee on Veterans’ Affairs. act of talking about safety actually erators early in the rulemaking proc- leads to safety, and I embrace any ap- ess, cooperative approaches could have NATIONAL CEMETERY IN WESTERN PENNSYLVANIA proach that forces those who write the been flushed out and solutions achieved rules and those who must comply with which satisfy both MSHA’s regulatory Mr. SPECTER. Mr. President, today I them to sit down together and find so- objectives and minimize the burden on introduce legislation which will direct lutions. small operators. As evidenced by this the Secretary of Veterans Affairs (VA) The Subcommittee on Employment, proposed rule, it is clearly insufficient to establish a national cemetery in the Safety and Training has a strong inter- to have a one time ‘‘comment period’’ Pittsburgh area of Western Pennsyl- est in MSHA’s rulemaking procedure as or even hold public hearings, because vania. it relates to small operators. In addi- the small operator’s perspective is so As chairman of the Committee on tion, I am well aware that the Senate noticeably absent from the rulemaking Veterans’ affairs, I make it my respon- Committee on Governmental Affairs process. It is not enough to claim that sibility to see that our nation’s vet- shares this interest as it relates to the safety is paramount while simulta- erans are cared for after serving honor- Administrative Procedure Act and the neously operating in a vacuum to pump ably in the Armed Forces. Part of this Regulatory Flexibility Act. In light of out regulations that no one can under- care involves honoring the memory of this, as this bill is centered on MSHA’s stand or implement. Compliance must their service upon death. Our nation’s responsiveness to smaller operators on be based on an effective working rela- veterans are an aging population. At matters of safety and health, Chairman tionship where the goals set by the reg- present, 46% of the area’s veterans pop- THOMPSON has agreed to allow this bill ulators are understood and achievable ulation is over age 65. The General Ac- to be referred to the Health, Education, by the industry being regulated. If op- counting Office (GAO) has estimated Labor and Pensions Committee. erators are responsible for complying that by the year 2008, the number of MSHA has had great success when its with MSHA’s regulations, then there is veterans’ deaths will peak and remain rulemakings have been cooperative no excuse for failing to include them in at a high level for years afterward. To with operators and miners. MSHA’s the process from Day One. By passing anticipate the increased demand for draft Part 46 Training rule was devel- the ‘‘Small Mine’’ bill, operators and burial space and to accommodate fam- oped in collaboration with over fifteen MSHA would be responsible for work- ily and friends wanting nearby ceme- industry representatives, the Team- ing together to craft rules that will ac- teries at which to honor and remember sters, the Boilermakers, and the Labor- tually improve safety. their loved ones, the Congress and VA ers Health & Safety Fund of North Mr. President. I ask unanimous con- must act now. America. By working together, the co- sent that the bill be printed in the The legislation that I introduce alition came up with a draft that ev- RECORD. today will alleviate the long overdue eryone agreed on and that was com- There being no objection, the bill was wait for a national cemetery which the pleted by MSHA’s internal deadline. A ordered to be printed in the RECORD, as veterans in the western Pennsylvania true rulemaking success story. follows: area have had to endure. Such a ceme- But other MSHA rules, such as S. 1114 tery is necessary due to the over 750,000 MSHA’s proposed Noise Rule, have Be it enacted by the Senate and House of Rep- veterans who reside in the area, includ- abandoned cooperative partnerships resentatives of the United States of America in ing veterans in parts of the neigh- with smaller operators and instead em- Congress assembled, boring states of Ohio, Maryland, and braced the old ‘‘big brother’’ style of SECTION 1. SHORT TITLE. West Virginia. I should also point out regulation. It is in such rulemakings This Act may be cited as the ‘‘Small Mine that Pennsylvania, a state with the that the Small Miner bill would make Advocacy Review Panel Act’’. fifth highest veteran population in the a world of difference. The Noise Rule SEC. 2. PURPOSE. country, has only one national ceme- would have so severe an impact on The purpose of this Act is to establish a tery within its borders open for new more cooperative and effective method for smaller mine operators that it is seri- rulemaking with respect to mandatory burials. This cemetery, at Indiantown ously questionable whether those who health or safety standards that takes into Gap, serves veterans in the eastern por- wrote this rule have ever actually been account the special needs and concerns of tion of the Commonwealth and is more to a small mine. The bottom line is small mine operators. than 225 miles from Pittsburgh.

VerDate Aug 04 2004 14:03 Oct 02, 2004 Jkt 069102 PO 00000 Frm 00070 Fmt 0686 Sfmt 0634 E:\BR99\S25MY9.002 S25MY9 May 25, 1999 CONGRESSIONAL RECORD—SENATE 10761 In 1987, VA ranked the Pittsburgh- avoiding payment of U.S. tax on easily Tennessee, and for other purposes; to area among the top ten population cen- movable and passive income. Pipeline the Committee on Energy and Natural ters most in need of a national ceme- transportation income, however, is nei- Resources. tery. In 1991, VA began the process of ther passive nor easily movable. Pipes CORINTH BATTLEFIELD PRESERVATION ACT OF cemetery site-selection and Congress are located where the natural resources 1999 appropriated $250,000 for an Environ- and energy needs are—they cannot be Mr. LOTT. Mr. President, 137 years mental Impact Statement. Four poten- placed just anywhere. Further, one a ago today, Major General Henry W. tial sites were identified in the Pitts- pipe is in the ground, it is tough to Halleck and his 120,000 man strong burgh area. Despite this headway, con- move. Union Army commenced the siege of struction on a national cemetery never Referring to the legislative history, Corinth, Mississippi. The ensuing six commenced. we find that Congress did not intend month battle between General The high veteran population of this these anti-abuse rules to target foreign Halleck’s federal troops and General P. region has waited far too long to see pipeline transportation income. Rath- G. T. Beauregard’s 53,000 Confederate the creation of this national cemetery. er, these rules were intended to reach defenders marked a turning point in Our nation’s veterans, having given so the significant revenues derived by the war between the states. It was a much for us, deserve a proper burial highly profitable oil related activities fierce engagement over a mere 16 site in the proximity of their homes. that were sourced to a low-tax country square feet parcel. This small piece of Veterans elsewhere around this coun- as opposed to the country in which the real estate was of critical strategic im- try take for granted the availability of oil or gas was extracted or ultimately portance to both the North and the a nearby national cemetery. If passed, consumed. Furthermore, it is impor- South. this legislation will ensure that what tant to note that when these anti- It was in Corinth, Mississippi that began over a decade ago will now be- abuse rules were being considered and the Memphis and Charleston and Mo- come reality. then put into place, pipeline companies bile and Ohio Railroads crossed paths. Mr. President, I ask unanimous con- were not engaged in international de- This vital east-west and north-south sent that the bill be printed in the velopment activities, rather they were railroad junction served as a passage- RECORD. focused solely on domestic infrastruc- way for troops and supplies moving There being no objection, the bill was ture development. from Illinois to Alabama and from Ten- ordered to be printed in the RECORD, as Today, pipeline companies are con- nessee to points further east such as follows: tinuing to actively pursue all develop- South Carolina and Virginia. S. 1115 ment opportunities domestically, yet Ed Bearss, Chief Historian Emeritus Be it enacted by the Senate and House of Rep- they are somewhat limited. The real of the National Park Service, stated resentatives of the United States of America in growth for U.S. pipeline companies, that ‘‘during the Spring of 1862, Cor- Congress assembled, however, is in the international arena. inth was the most important city in SECTION 1. ESTABLISHMENT. These new opportunities have arisen the Confederacy and almost the length (a) IN GENERAL.—The Secretary of Vet- of the War . . . because of the rail- erans Affairs shall establish, in accordance from fairly recent efforts by foreign with chapter 24 of title 38, United States countries to privatize their energy sec- roads.’’ In fact, because of its status as Code, a national cemetery in the Pittsburgh, tors. a vital rail hub, the town was occupied Pennsylvania, area to serve the needs of vet- Enabling U.S. pipeline companies to by either Confederate or Union forces erans and their families. engage in energy infrastructure from 1861 to 1865. It also served as a (b) CONSULTATION IN SELECTION OF SITE.— projects abroad will result in tremen- springboard for the careers of over 200 Before selecting the site for the national dous benefits back home. For example, leading Confederate and Federal gen- cemetery established under subsection (a), more U.S. employees will be needed to erals who were stationed in Corinth at the Secretary shall consult with appropriate officials of the State of Pennsylvania and craft and close deals, to build the one time or another. A figure matched local officials of the Pittsburgh, Pennsyl- plants and pipelines, and to operate the by few other locations. vania, area. facilities. New investment overseas Corinth is a city that exemplifies the (c) REPORT.—As soon as practicable after also will bring new demands for U.S. trials and tribulations experienced by the date of the enactment of this act, the equipment. Yet before any of these soldiers and civilians throughout the Secretary shall submit to Congress a report benefits can be realized, U.S. compa- Civil War. A town whose railways lied on the establishment of the national ceme- nies must be able to defeat their for- at the center of a grand military chess tery under subsection (a). The report shall match. An area, like many others set forth a schedule for the establishment of eign competitors and win projects. Un- the cemetery and an estimate of the costs fortunately, current U.S. tax laws sig- north and south of the Mason-Dixon associated with the establishment of the nificantly hinder the ability of U.S. line, racked by the ravages of war. cemetery. companies to win such projects. Even with its new status as a Na- We must act now if we are to ensure tional Historic Landmark, Corinth is By Mr. NICKLES: that U.S. companies remain competi- still considered a ‘‘Civil War Landmark S. 1116. A bill to amend the Internal tive players in the international mar- At Risk.’’ The Civil War Sites Advisory Revenue Code of 1986 to exclude income ketplace. There are incremental, low Commission, chartered by Congress to from the transportation of oil and gas cost, reforms that we can and must assess threats to America’s premier by pipeline from subpart F income; to make. My legislation—to clarify that historic sites, identified Corinth as a the Committee on Finance. U.S. tax treatment of foreign pipeline priority one battlefield in critical need THE FOREIGN PIPELINE TRANSPORTATION transportation income—is one such of coordinated nationwide action by INCOME ACT low-cost reform. the year 2000. Local, state, and na- Mr. NICKLES. Mr. President, I rise I urge my colleagues to join me in tional preservation groups agree. And, today to introduce legislation which this effort to bring current U.S. tax so do I. will right a wrong that has been in the law in line with good tax policy. It is Mr. President, today, I am proud and tax code for too long. This legislation up to us to do all we can to keep Amer- honored to introduce the Corinth Bat- will clarify the U.S. tax treatment of ica competitive in the global economy. tlefield Preservation Act of 1999. This foreign pipeline transportation income. much needed legislation would provide This legislation is needed because cur- By Mr. LOTT (for himself, Mr. further protection for one of America’s rent tax law causes active foreign pipe- COCHRAN, Mr. ROBB, and Mr. most important Civil War sites by es- line transportation income to be unin- JEFFORDS): tablishing Corinth as a unit of the Shi- tentionally trapped within the anti- S. 1117. A bill to establish the Cor- loh National Military Park. abuse tax rules of Subpart F. These inth Unit of Shiloh National Military The 106th Congress needs to add the anti-abuse rules were originally estab- Park, in the vicinity of the city of Cor- Corinth Battlefield and its surrounding lished to prevent companies from inth, Mississippi, and in the State of sites to the National Park System

VerDate Aug 04 2004 14:03 Oct 02, 2004 Jkt 069102 PO 00000 Frm 00071 Fmt 0686 Sfmt 0634 E:\BR99\S25MY9.002 S25MY9 10762 CONGRESSIONAL RECORD—SENATE May 25, 1999 given the area’s pivotal role in Amer- nately, many of these historic re- Mr. President, the measure offered ican history. It is also appropriate for sources, undisturbed for over 130 years, today is vital to the successful inter- Congress to establish Corinth as a unit are now threatened. For example, a 500- pretation and preservation of Corinth. of the Shiloh National Military Park yard section of earthworks was specifi- It builds upon previous efforts and as these two sites were indelibly linked cally sold for development. These gives Corinth its proper status as one during the Civil War. The 1862 battle of earthworks are important to our na- of America’s most significant Civil War Shiloh was actually the first strike in tional heritage because they helped sites. the Union force’s overall Corinth Cam- shape the face of war from the 1860’s to Mr. President, I ask my colleagues to paign. It was in April 1862, that federal today. In fact, trench warfare evolved join with me in support of the Corinth and southern forces competing for con- from the battle for Corinth. These Battlefield Preservation Act of 1999. A trol over Corinth first struggled in the earthworks and fortifications are sym- bipartisan measure which is widely Battle of Shiloh/Pittsburg Landing. bolic reminders of the epic struggle supported by local, state, regional, na- The battle for Corinth also had inter- that ensued between friends and neigh- tional, and international preservation national implications. As a result of bors and the Civil War’s lasting impact organizations. the Union’s victory, the British gov- on modern warfare. Along with the strong local support ernment chose not to officially recog- Although, the Battle of Shiloh has shown by the residents and local offi- nize the Confederacy. been etched into American history as cials of Corinth and Alcorn County as The conflict in and around Corinth part of the Shiloh National Military well as assistance from several Civil eventually included the Battles of Park, a number of important historic War preservation groups, I would also Iuka, Tupelo, and Brices’ Crossroads, sites and resources relating to the pre- like to take a moment to thank Rose- as well as engagements in Booneville, battle and the rest of the Corinth Cam- mary Williams of Corinth, Woody Rienzi, Ripley, and numerous skir- paign have not been adequately pro- Harrel, Superintendent of the Shiloh mishes in southwest Tennessee and tected or interpreted. Establishing the Military Park, and Anne Thompson, northeast Alabama. Shiloh Nationally Military Park as the Manager of the Interim Corinth Civil In 1862, Union General Halleck said nation’s second Military Park back in War Interpretive Center. They were in- ‘‘Richmond and Corinth . . . are the 1894 was a good start. Now it is time for strumental in assisting with the prepa- greatest strategic points of the war, the 106th Congress to complete the ration of this important historic pres- and our success at these points should preservation effort. Congress needs to ervation legislation. be insured at all hazards.’’ Halleck’s give a lasting presence to the Corinth Mr. President, I also want to thank subordinate, General Ulysses S. Grant, Battlefield, a key component of the my colleagues, Senator COCHRAN, Sen- regarded Corinth as ‘‘the great stra- historic Shiloh-Corinth Corridor. ator ROBB, and Senator JEFFORDS, for tegic position in the west between the Corinth remains a central transpor- their formal support of this pro-parks, Tennessee and Mississippi Rivers and tation gateway. It serves as a junction pro-history measure. between Nashville and Vicksburg.’’ In intersecting Highways 72, running east I hope that the rest of my colleagues arguing for the defense of Corinth, Con- and west, and Highway 45, which runs will join with us in taking this nec- federate General Beauregard stated to north and south. It is also a mecca for essary step to protect our heritage so General Samual Cooper, Adjutant and dedicated history buffs given the that our children and grandchildren Inspector General of the Confederate town’s close proximity to Shiloh and can gain an understanding of the strug- States Army that, ‘‘if defeated here [in other Civil War sites and its connec- gles of this great nation. Struggles Corinth,] we lose the Mississippi Valley tion to the Corinth Campaign. that have help shaped our American and probably our cause, whereas we I am sure that my colleagues will democracy and transformed our diverse could even afford to lose for a while agree that the sixteen Corinth Civil states and peoples into a cohesive and Charleston and Savannah for the pur- War sites designated as National His- prosperous union better prepared to pose of defeating Buell’s army, which toric Landmarks are far too important meet the challenges and opportunities would not only insure us the valley of to be relegated solely to review in his- of the next millennium. Corinth has a the Mississippi, but our independence.’’ tory books or by professional histo- story to tell Americans today and in Corinth’s strategic importance to both rians. Americans need to see it. the future. Corinth merits inclusion in armies led to some of the bloodiest bat- The 106th Congress can and must the Shiloh National Military Park. tles in the Western Theater. Tens of highlight the importance of the Siege Mr. President, I ask unanimous con- thousands of soldiers were killed or and Battle of Corinth for the millions sent that the text of the bill be printed wounded in this bitter offensive. of adults and children, both American in the RECORD. It was also here that thousands of and foreign, interested in learning There being no objection, the bill was war refugees, mostly African-Ameri- about an essential facet of Americana. ordered to be printed in the RECORD, as cans from Mississippi, Tennessee, and For over one hundred years, the follows: Alabama, sought shelter with the United States Congress has advanced S. 1117 Union Army in Corinth. After Presi- the notion that our national interest is Be it enacted by the Senate and House of Rep- dent Lincoln’s Emancipation Procla- best served by preserving America’s resentatives of the United States of America in mation, the federal army created a historic treasures. Not only by ensur- Congress assembled, ing the proper interpretation of impor- SECTION 1. SHORT TITLE. model ‘‘Contraband Camp.’’ By the This act may be cited as the ‘‘Corinth Bat- Spring of 1863, the camp housed around tant historic events, but also the tlefield Preservation Act of 1999’’. 4,000 freedmen. Almost half of these places—the properties where pivotal SEC. 2. FINDINGS AND PURPOSES. freedmen joined the ‘‘First Alabama military milestones occurred. (a) FINDINGS.—Congress finds that— Infantry of African Descent’’ which As Ed Bearss proclaimed, ‘‘the Battle (1) in 1996, Congress authorized the estab- later became the ‘‘55th Colored Infan- of Corinth was the bloodiest battle in lishment and construction of a center— try.’’ the State of Mississippi. Troops were (A) to facilitate the interpretation of the Corinth is also one of the few exist- brought from New Orleans, Mobile, Siege and Battle of Corinth and other Civil War actions in the area in and around the ing Civil War sites that boasts extraor- Texas and Arkansas because Corinth city of Corinth, Mississippi; and dinary earthworks and fortifications— was such an important place. With the (B) to enhance public understanding of the many of which remain in pristine con- fall of Corinth, Perryville, Kentucky, significance of the Corinth campaign and the dition. A National Park Service study- and Antietam, Maryland the Confed- Civil War relative to the western theater of ing authority stated that, ‘‘today the eracy was lost.’’ We owe it to our an- operations, in cooperation with— surviving [Corinth] earthworks are one cestors and to future generations to (i) State or local governmental entities; (ii) private organizations; and of the largest and best preserved protect Corinth and the wealth of Civil (iii) individuals; groups of field fortifications, dating to War history that exudes from this (2) the Corinth Battlefield was ranked as a 1862 in the United States.’’ Unfortu- small town. priority 1 battlefield having critical need for

VerDate Aug 04 2004 14:03 Oct 02, 2004 Jkt 069102 PO 00000 Frm 00072 Fmt 0686 Sfmt 0634 E:\BR99\S25MY9.002 S25MY9 May 25, 1999 CONGRESSIONAL RECORD—SENATE 10763 coordinated nationwide action by the year boundary of the Park as depicted on the SEC. 7 AUTHORIZATION OF SPECIAL RESOURCE 2000 by the Civil War Sites Advisory Com- Map, by— STUDY. mission in its report on Civil War Battle- (1) donation; (a) IN GENERAL.—To determine whether fields of the United States; (2) purchase with donated or appropriated certain additional properties are appropriate (3) there is a national interest in pro- funds; or for inclusion in the Unit, the Secretary shall tecting and preserving sites of historic sig- (3) exchange. conduct a special resource study of land in nificance associated with the Civil War; and (b) EXCEPTION.—Land may be acquired only and around the city of Corinth, Mississippi, (4) the States of Mississippi and Tennessee by donation from— and nearby areas in the State of Tennessee and their respective local units of govern- (1) The State of Mississippi (including a po- that— ment— litical subdivision of the State); (1) have a relationship to the Civil War (A) have the authority to prevent or mini- (2) the State of Tennessee (including a po- Siege and Battle of Corinth in 1862; and mize adverse uses of these historic resources; litical subdivision of the State); or (2) are under the ownership of— and (3) the organization known as ‘‘Friends of (A) the State of Mississippi (including a (B) can play a significant role in the pro- the Siege and Battle of Corinth’’. political subdivision of the State); tection of the historic resources related to SEC. 6. PARK MANAGEMENT AND ADMINISTRA- (B) the State of Tennessee (including a po- the Civil War battles fought in the area in TION. litical subdivision of the State); and around the city of Corinth. (a) IN GENERAL.—The Secretary shall ad- (C) a nonprofit organization; or (b) PURPOSES.—The purposes of this Act minister the Unit in accordance with this (D) a private person. are— Act and the laws generally applicable to (b) CONTENTS OF STUDY.—The study shall— (1) identify the full range of resources and (1) to establish the Corinth Unit of the Shi- units of the National Park System, includ- historic themes associated with the Civil loh National Military Park— ing— War Siege and Battle of Corinth in 1862, in- (A) in the city of Corinth, Mississippi; and (1) the Act entitled ‘‘An Act to establish a cluding the relationship of the campaign to (B) in the State of Tennessee; National Park Service, and for other pur- other operations in the western theater of (2) to direct the Secretary of the Interior poses’’, approved August 25, 1916 (16 U.S.C. 1 the Civil War that occurred in— to manage, protect, and interpret the re- et seq.); and (A) the area in and around the city of Cor- sources associated with the Civil War Siege (2) the Act entitled ‘‘An Act to provide for inth; and and the Battle of Corinth that occurred in the preservation of historic American sites, (B) the State of Tennessee; and around the city of Corinth, in coopera- buildings, objects, and antiquities of na- tion with— (2) identify alternatives for preserving fea- tional significance, and for other purposes’’, tures from the Civil War era in the area in (A) the State of Mississippi; approved August 21, 1935 (16 U.S.C. 461 et (B) the State of Tennessee; and around the city of Corinth, including seq.). both military and civilian themes involv- (C) the city of Corinth, Mississippi; (b) DUTIES.—In accordance with section 602 ing— (D) other public entities; and of the Omnibus Parks and Public Lands Man- (E) the private sector; and (A) the role of the railroad in the Civil agement Act of 1996 (16 U.S.C. 430f–5), the War; (3) to authorize a special resource study to Secretary shall— identify other Civil War sites area in and (B) the story of the Corinth contraband (1) commemorate and interpret, for the camp; and around the city of Corinth that— benefit of visitors and the general public, the (A) are consistent with the themes of the (C) the development of field fortifications Siege and Battle of Corinth and other Civil Siege and Battle of Corinth; as a tactic of war; War actions in the area in and around the (B) meet the criteria for designation as a (3) identify potential partners that might city of Corinth within the larger context of unit of the National Park System; and support efforts by the Secretary to carry out the Civil War and American history, includ- (C) are considered appropriate for includ- this Act, including— ing the significance of the Civil War Siege ing in the Unit. (A) State entities and their political sub- and Battle of Corinth in 1862 in relation to divisions; SEC. 3. DEFINITIONS. other operations in the western theater of (B) historical societies and commissions; In this Act: the Civil War; and (C) civic groups; and (1) MAP.—The term ‘‘Map’’ means the map (2) identify and preserve surviving features (D) nonprofit organizations; entitled ‘‘Corinth Unit’’, numbered 304/80,007, from the Civil War era in the area in and (4) identify alternatives to avoid land use and dated October 1998. around the city of Corinth, including both conflicts; and (2) PART.—The term ‘‘Park’’ means the military and civilian themes that include— (5) include cost estimates for any nec- Shiloh National Military Park. (A) the role of railroads in the Civil War; essary activity associated with the alter- (3) SECRETARY.—The term ‘‘Secretary’’ (B) the story of the Corinth contraband natives identified under this subsection, in- means the Secretary of the Interior. camp; and cluding— (4) UNIT.—The term ‘‘Unit’’ means the Cor- (C) the development of field fortifications (A) acquisition; inth Unit of Shiloh National Military Park as a tactic of war. (B) development; established under section 4. (c) COOPERATIVE AGREEMENTS.— (C) interpretation; SEC. 4. ESTABLISHMENT OF UNIT. (1) IN GENERAL.—To carry this Act, the (D) operation; and (a) IN GENERAL.—There is established in Secretary may enter into cooperative agree- (E) maintenance. the States of Mississippi and Tennessee the ments with entities in the public and private (c) REPORT.—Not later than 1 year and 180 Corinth Unit of the Shiloh National Military sectors, including— days after the date on which funds are made Park. (A) colleges and universities; available to carry out this section, the Sec- (b) COMPOSITION OF UNIT.—The Unit shall (B) historical societies; retary shall submit a report describing the be comprised of— (C) State and local agencies; and findings of the study under subsection (a) (1) the tract consisting of approximately 20 (D) nonprofit organizations. to— acres generally depicted as ‘‘Park Boundary’’ (2) TECHNICAL ASSISTANCE.—To develop co- (1) the Committee on Energy and Natural on the Map, and containing— operative land use strategies and conduct ac- Resources of the Senate; and (A) the Battery Robinett; and tivities that facilitate the conservation of (2) the Committee on Resources of the (B) the site of the interpretive center au- the historic, cultural, natural, and scenic re- House of Representatives. thorized under section 602 of the Omnibus sources of the Unit, the Secretary may pro- SEC. 8. AUTHORIZATION OF APPROPRIATIONS. Parks and Public Lands Management Act of vide technical assistance, to the extent that There are authorized to be appropriated 1996 (16 U.S.C. 430f–5); and a recipient of technical assistance is engaged such sums as are necessary to carry out this (2) any additional land that the Secretary in the protection, interpretation, or com- Act, including $3,000,000 for the construction determines to be suitable for inclusion in the memoration of historically significant Civil of an interpretive center under section 602(d) Unit that— War resources in the area in and around the of title VI of the Omnibus Parks and Public (A) is under the ownership of a public enti- city of Corinth, to— Lands Management Act of 1996 (16 U.S.C. ty or nonprofit organization; and (A) the State of Mississippi (including a 430f–59d)). (B) has been identified by the Siege and political subdivision of the State); Battle of Corinth National Historic Land- (B) the State of Tennessee (including a po- By Mr. SCHUMER (for himself, mark Study, dated January 8, 1991. litical subdivision of the State); Mrs. FEINSTEIN, Mr. CHAFEE, (c) AVAILABILITY OF MAP.—The Map shall (C) a governmental entity; Mr. GREGG, Mr. SANTORUM, and be on file and available for public inspection (D) a nonprofit organization; and Mr. MOYNIHAN): in the office of the Director of the National (E) a private property owner. Park Service. (d) RESOURCES OUTSIDE THE UNIT.—Nothing S. 1118. A bill to amend the Agricul- SEC. 5. LAND ACQUISITION. in subsection (c)(2) authorizes the Secretary tural Market Transition Act to convert (a) IN GENERAL.—The Secretary may ac- to own or manage any resource outside the the price support program for sugar- quire land and interests in land within the Unit. cane and sugar beets into a system of

VerDate Aug 04 2004 14:03 Oct 02, 2004 Jkt 069102 PO 00000 Frm 00073 Fmt 0686 Sfmt 0634 E:\BR99\S25MY9.002 S25MY9 10764 CONGRESSIONAL RECORD—SENATE May 25, 1999 solely recourse loans to provide for the SECTION 1. RECOURSE LOANS FOR PROCESSORS (e) OTHER CONFORMING AMENDMENTS.— gradual elimination of the program; to OF SUGARCANE AND SUGAR BEETS (1) PRICE SUPPORT FOR NONBASIC AGRICUL- AND REDUCTION IN LOAN RATES. the Committee on Agriculture, Nutri- TURAL COMMODITIES.— (a) GRADUAL REDUCTION IN LOAN RATES.— (A) DESIGNATED NONBASIC AGRICULTURAL tion, and Forestry. (1) SUGARCANE PROCESSOR LOANS.—Section COMMODITIES.—Section 201(a) of the Agricul- SUGAR PROGRAM PHASE OUT LEGISLATION 156(a) of the Agricultural Market Transition tural Act of 1949 (7 U.S.C. 1446(a)) is amended Mr. SCHUMER. Mr. President, today Act (7 U.S.C. 7272(a)) is amended by striking by striking ‘‘milk, sugar beets, and sugar- I join with my colleagues Senators ‘‘equal to 18 cents per pound for raw cane cane’’ and inserting ‘‘, and milk’’. sugar.’’ and inserting the following: ‘‘, per FEINSTEIN, CHAFEE, GREGG, and (B) OTHER NONBASIC AGRICULTURAL COM- pound for raw cane sugar, equal to the fol- MODITIES.—Section 301 of the Agricultural SANTORUM to introduce legislation that lowing: phases out the federal sugar program. Act of 1949 (7 U.S.C. 1447) is amended by in- ‘‘(1) In the case of raw cane sugar processed serting ‘‘(other than sugarcane and sugar Remember that old story, if you be- from the 1996, 1997, or 1998 crop, $0.18. beets)’’ after ‘‘title II’’. lieve this, I’ve got some swampland to ‘‘(2) In the case of raw cane sugar processed (2) POWERS OF COMMODITY CREDIT CORPORA- sell you in Florida? Boy, I wish I from the 1999 crop, $0.17. TION.—Section 5(a) of the Commodity Credit bought some of that swampland and be- ‘‘(3) In the case of raw cane sugar processed Corporation Charter Act (15 U.S.C. 714c(a)) is came a sugar grower. from the 2000 crop, $0.16. amended by inserting ‘‘(except for the 2003 ‘‘(4) In the case of raw cane sugar processed It is a can’t miss, can’t lose propo- and subsequent crops of sugarcane and sugar from the 2001 crop, $0.15. beets)’’ after ‘‘agricultural commodities’’. sition where all of the risk is absorbed ‘‘(5) In the case of raw cane sugar processed by the federal government and all of (3) SECTION 32 ACTIVITIES.—Section 32 of the from the 2002 crop, $0.14.’’. Act of August 24, 1935 (7 U.S.C. 612c), is the reward goes to the sugar barons. It (2) SUGAR BEET PROCESSOR LOANS.—Section amended in the second sentence of the first is one of the last vestiges of a central- 156(b) of the Agricultural Market Transition paragraph by inserting ‘‘(other than sugar- ized, subsidized U.S. farm sector which Act (7 U.S.C. 7272(b)) is amended by striking cane and sugar beets)’’ after ‘‘commodity’’ has mostly gone by the wayside. ‘‘equal to 22.9 cents per pound for refined the last place it appears. beet sugar.’’ and inserting the following: ‘‘, Ten years after the collapse of the (f) ASSURANCE OF ADEQUATE SUPPLIES OF per pound of refined beet sugar, that re- Berlin Wall, Odessa on the Okeechobee SUGAR.—Section 902 of the Food Security flects— Act of 1985 (7 U.S.C. 1446g note; Public Law with its generous price supports some- ‘‘(1) an amount that bears the same rela- how still survives. This is a special in- 99–198) is amended by striking subsection (a) tion to the loan rate in effect under sub- and inserting the following: terest program that benefits a handful section (a) for a crop as the weighted average ‘‘(a) IN GENERAL.—Beginning with the of sugar barons at the expense of every of producer returns for sugar beets bears to quota year for sugar imports that begins man, woman and child in America. the weighted average of producer returns for after the 1998/1999 quota year, the President Several years ago, the GAO esti- sugarcane, expressed on a cents per pound shall use all authorities available to the mated that consumers paid $1.4 billion basis for refined beet sugar and raw cane President as may be necessary to enable the sugar, for the most recent 5-year period for more at the cash register because of Secretary of Agriculture to ensure that ade- which data are available; and quate supplies of raw cane sugar are made the sugar price support. Today, because ‘‘(2) an amount that covers sugar beet the world price for sugar is lower and available to the United States market at processor fixed marketing expenses.’’. prices that are not greater than the higher the price paid in the U.S. is higher, the (b) CONVERSION TO RECOURSE LOANS.—Sec- of— cost to consumers could be twice as tion 156(e) of the Agricultural Market Tran- ‘‘(1) the world sugar price (adjusted to a de- high. sition Act (7 U.S.C. 7272(e)) is amended— livered basis); or And let’s not forget. It has already (1) in paragraph (1), by inserting ‘‘only’’ ‘‘(2) the raw cane sugar loan rate in effect cost America thousands of refinery after ‘‘this section’’; and under section 156 of the Agricultural Market (2) by striking paragraphs (2) and (3) and jobs. And it has already cost the Ever- Transition Act (7 U.S.C. 7272), plus inter- inserting the following: est.’’. glades hundreds of acres of pristine wil- ‘‘(2) NATIONAL LOAN RATES.—Recourse derness. In Brooklyn and in Yonkers, loans under this section shall be made avail- Mrs. FEINSTEIN. Mr. President, I we have lost one-third of our refinery able at all locations nationally at the rates rise in support of legislation sponsored jobs in the last decade. Why? Because specified in this section, without adjustment by Senator SCHUMER to phase out the the sugar program is such a bitter deal, to provide regional differentials.’’. antiquated sugar subsidy. The sugar refiners cannot get enough raw cane (c) CONVERSION TO PRIVATE SECTOR FINANC- program is nothing than a system of ING.—Section 156 of the Agricultural Market sugar to remain open. import restrictions, subsidized loans, Transition Act (7 U.S.C. 7272) is amended— and price supports that benefit a lim- Four years ago, when we came within (1) by redesignating subsection (i) as sub- five votes in the House of terminating section (j); ited number of sugar growers. the sugar program, the world market (2) by inserting after subsection (h) the fol- I find it incredible that the federal price for sugar was about ten cents and lowing: government continues to support a the U.S. price about 20 cents. Today ‘‘(i) CONVERSION TO PRIVATE SECTOR FI- subsidy program that is driving the do- the world price is less than a nickel NANCING.—Notwithstanding any other provi- mestic refinery industry out of exist- and the U.S. price is almost a quarter. sion of law— ence and costing thousands of good ‘‘(1) no processor of any of the 2003 or sub- jobs. The US Department of Agri- In other words, the gulf between the sequent crops of sugarcane or sugar beets free market and the sugar program is shall be eligible for a loan under this section culture restricts the amount of sugar getting wider. with respect to the crops; and available to domestic refineries. With- Under any reasonable and rational ‘‘(2) the Secretary may not make price sup- out sugar, a sugar refinery cannot op- measure the sugar program should be port available, whether in the form of loans, erate and that is the result of this mis- repealed. If the issue is jobs, the envi- payments, purchases, or other operations, guided program. ronment or the consumer—then we for any of the 2003 and subsequent crops of It is clear that the U.S. sugar policy have no choice but to repeal. At all sugar beets and sugarcane by using the funds has served to strangle this country’s of the Commodity Credit Corporation or sugar refining industry. By limiting ends of the political spectrum the an- other funds available to the Secretary.’’; and swer is the same—it’s time to repeal (3) in subsection (j) (as redesignated by the amount of raw cane sugar available the sugar program. paragraph (1)) by striking ‘‘subsection (f)’’ for production, there has been a 40 per- Mr. President, I ask unanimous con- and inserting ‘‘subsections (f) and (i)’’. cent decline in jobs in the sugar-cane sent that the text of the bill be printed (d) TERMINATION OF MARKETING QUOTAS refining industry. Since 1982, nine out in the RECORD. AND ALLOTMENTS.— of twenty one cane sugar refineries in There being no objection, the bill was (1) TERMINATION.—Part VII of subtitle B of the U.S. have been forced out of busi- title III of the Agricultural Adjustment Act ordered to be printed in the RECORD, as ness. Those that have remained open of 1938 (7 U.S.C. 1359aa et seq.) is repealed. follows: are struggling to survive under onerous (2) CONFORMING AMENDMENT.—Section S. 1118 344(f)(2) of the Agricultural Adjustment Act import restrictions. Be it enacted by the Senate and House of Rep- of 1938 (7 U.S.C. 1344(f)(2)) is amended by I first became involved with this resentatives of the United States of America in striking ‘‘sugar cane for sugar, sugar beets issue in 1994 when David Koncelik, the Congress assembled, for sugar,’’. President and CEO of the California

VerDate Aug 04 2004 14:03 Oct 02, 2004 Jkt 069102 PO 00000 Frm 00074 Fmt 0686 Sfmt 0634 E:\BR99\S25MY9.002 S25MY9 May 25, 1999 CONGRESSIONAL RECORD—SENATE 10765 and Hawaiian Sugar Company, in- Beginning in September of 1994, I systems are still developing. Lead poi- formed me that his refinery was forced have asked the Administration on soning in children causes damage to to temporarily cease operations be- eight separate occasions to reform the the brain and nervous systems, which cause it had no sugar. sugar program. Simply increasing the leads to IQ loss, impaired physical de- This 93 year old refinery is the Na- amount of sugar available through the velopment and behavioral problems. tion’s largest refinery and the only import program would provide imme- High levels of exposure can cause such facility on the West Coast. C&H diate relief to C&H and the other do- comas, convulsions, and even death. refines about 15 percent of the total mestic refineries. To date, no such per- Despite our success over the past cane sugar consumed in the U.S. manent reform of the program has been twenty years to reduce lead poisoning C&H is capable of producing and sell- made. in the U.S., it continues to be the num- ing 700,000 tons of refined sugar annu- In addition to choking off the refin- ber one environmental health threat to ally. Therefore, the company requires eries’ access to sugar, the US sugar children, with nearly one million pre- in excess of 700,000 tons of raw cane policy also has an adverse impact on schoolers affected. Poor and minority sugar to meet its sales demand. US consumers. The General Account- children are most at-risk because of Hawaii is C&H’s sole source for its ing Office has found that the program diet and exposure to environmental domestic raw cane sugar needs, but Ha- costs sugar users an average of $1.4 bil- hazards such as old housing. These waii’s cane sugar industry has been in lion annually. That equates to $3.8 mil- children frequently live in older hous- decline for over 10 years. This has lion a day in hidden sugar taxes. ing which contains cracked or chipped meant that C&H is forced to cover over The report found that ‘‘Although the lead paint, where children primarily half its annual consumption through sugar program is considered a no-net- contract lead poisoning by ingesting imports from other countries. cost program because the government paint chips or lead dust. The highly restrictive sugar import does not make payments directly to Mr. President, 75 percent of At-Risk system forces C&H to pay an inflated producers, it places the cost of the children are enrolled in federal health price for raw sugar from both domestic price supports on sweetener users—con- care programs. Kids in these programs and foreign suppliers. Even more dev- sumers and manufacturers of sweet- are five times more likely to have high astating, however, the quota system ener-containing products—who pay blood levels. In 1992, Congress in- limits the amount of sugar available to higher sugar and sweetener prices.’’ structed Health Care Financing Adm. the refinery. Simply put, C&H has been What this means is that unlike tradi- (HCFA) to require States to lead screen unable to get enough sugar to refine tional subsidy programs, the funds do Medicaid children under the age of two. and it has been forced to close it doors not come directly from the Treasury. Despite this, the GAO report shows on several occasions. Instead, the sugar program places the that mandatory screening isn’t hap- The reduced production capacity has cost consumers by restricting the sup- pening. Two-thirds of Medicaid chil- resulted in a severe downsizing of the ply of available sugar which causes dren have never been screened (as re- workforce. As recently as 1987, C&H higher domestic market prices. quired). And only 20 percent of all chil- employed over 1,400 people. These are The legislation we are introducing dren in federal programs have been not minimum wage jobs we are talking will eliminate the sugar subsidy pro- screened. about: the average employee in the gram by 2002. This is a simple, In fact, only half the States have cane refining industry earns nearly straight-forward, and fair way to end a screening policies consistent with fed- $43,000 a year. In 1995, C&H had to program that has not worked for U.S. eral law. In my own state of New Jer- eliminate 30 percent of its workforce consumers or workers. sey, the GAO report showed that only just to remain viable under the quota Congress has had opportunities in the 39 percent of Medicaid children have system mandated by the sugar pro- past to kill this program and we have been screened. Despite federal require- gram. not taken them. As a result, workers ments, for whatever reason—insuffi- C&H now employees just over 500 have lost jobs and consumers have lost cient outreach, lax government over- people. These jobs and many others money. I am pleased to join my col- sight or parental ignorance, too many around the nation are at risk if reforms leagues in saying that enough is kids are not getting screened. are not made to the sugar program. enough. It is time to end the sugar sub- The Children’s Lead SAFE Act would The overly restrictive manner that sidy program once and for all. address this problem by establishing the USDA administers the sugar pro- clear and consistent standards for gram has a number of other flaws. The By Mr. TORRICELLI (for himself, screening and treatment and by involv- sugar program’s existing quota system Mr. REED, Mr. LAUTENBERG, Mr. ing all relevant federal health pro- was put in place in 1982, using trading BRYAN, Mrs. BOXER, Mrs. FEIN- grams in this battle. Our legislation is patterns dating as far back as 1975. The STEIN, Mr. DODD, Mr. ROCKE- modeled on the recommendations made system has remained largely un- FELLER, Mr. BIDEN, Mr. SCHU- by the GAO. changed over the past 17 years despite MER, Mrs. MURRAY, Mr. DURBIN, It requires all federal programs serv- major alterations in the international and Mr. KERRY): ing at-risk kids to be involved in sugar market. As a result, the current S. 1120. A bill to ensure that children screening. It requires State Medicaid import quota system assigns export enrolled in medicaid and other Federal contracts to explicitly require pro- rights to countries that don’t grow means-tested programs at highest risk viders (HMO’s) to follow federal rules enough sugar to export or, in some for lead poisoning are identified and for screening and treatment. It expands cases, are net importers themselves. treated, and for other purposes; to the Medicaid coverage to include treat- For example, the Philippines are Committee on Finance. ment services and environmental in- granted one of the largest export privi- CHILDREN’S LEAD SAFE ACT vestigations to determine the source of leges under the sugar import quota sys- ∑ Mr. TORRICELLI. Mr. President, the poisoning. WIC centers (with 12 tem. It, however, does not even grow today I rise with Senator REED to in- percent of the at-risk population) will enough sugar to meet it own domestics troduce legislation that will ensure be required to assess whether a child needs. What this means is that the that children enrolled in federal health has been screened and if they have not Philippines sell their homegrown sugar care programs receive screening and to provide the necessary referral and crop to the United States at about 22 appropriate care for lead poisoning. follow-up to ensure that screening oc- cents a pound. It then buys raw sugar Our bill, the ‘‘Children’s Lead SAFE curs. Head Start facilities would simi- on the world market at around 5 cents Act of 1999’’ would go a long way to larly have the responsibility for ensur- a pound. This is ridiculous. We are in eliminate childhood lead poisoning. ing that their children are screened. effect giving money to foreign coun- We know lead exposure is one of the In addition, our legislation would im- tries and forcing domestic consumers most dangerous health hazards for prove data so we can identify problems to pay the price. young children because their nervous and use that information to educate

VerDate Aug 04 2004 14:03 Oct 02, 2004 Jkt 069102 PO 00000 Frm 00075 Fmt 0686 Sfmt 0634 E:\BR99\S25MY9.002 S25MY9 10766 CONGRESSIONAL RECORD—SENATE May 25, 1999 providers about the extent of the prob- As I mentioned, this disease is en- The bill was not available for print- lem. CDC would develop information- tirely preventable, making its preva- ing. It will appear in a future issue of sharing guidelines for State and local lence among children all the more frus- the RECORD. health departments, the labs that per- trating. We do have solutions—parents form the test and federal programs. It who are aware, housing that is safe, By Mr. LEAHY: would also require each State to report and effective screening and treatment S 1121. A bill to amend the Clayton on the percent of the Medicaid popu- for children who are at risk—to name a Act to enhance the authority of the At- lation they are screening. few. torney General to prevent certain mergers and acquisitions that would Finally, our legislation would make Unfortunately, our current system is unreasonably limit competition; to the sure agencies have sufficient resources not adequately protecting our children. Committee on the Judiciary. to do screening by reimbursing WIC In January 1999, the General Account- ANTITRUST IMPROVEMENTS ACT OF 1999 and Head Start for costs they incur in ing Office reported that children in fed- Mr. LEAHY. Mr. President, we are screening. The legislation would also erally funded health care programs living in a time of mega-mergers, and create a bonus program whereby a such as Medicaid, Women Infant and they are coming from all directions. state will receive a per child bonus for Child (WIC) and the Health Centers Chrysler and Daimler-Benz automobile every child it screens above 65 percent program, are five times more likely to companies finalized their merger last of its Medicaid population. have elevated blood lead levels. The re- Mr. President, the health and safety year. In the computer world, AOL com- port also found that despite long- of our children would be greatly en- pleted its purchase of Netscape just a standing federal requirements, two- hanced with the passage of this impor- few months ago. And in the largest cor- thirds of the children in these pro- tant legislation. Childhood lead poi- porate merger ever, Exxon Corporation grams—more than 400,000—have never soning is easily preventable, and there announced its plan to acquire Mobil at been screen and, consequently, remain is no excuse for not properly screening a price tag of over $75 billion, thus cre- untreated. and providing care to our kids. Our bill ating the world’s biggest private oil would accomplish this and ensure ade- Early detection of lead poisoning is company, Exxon Mobil Corporation. quate care. I ask my colleagues to join critical to ensure that a child is re- While these mega-mergers have cut a me in recognizing this problem and moved from the source of exposure and swath across a number of industries, supporting its solution.∑ to determine whether other children, the consolidations that continue to Mr. REED. Mr. President, I rise such as siblings or friends, have also raise the most questions in my mind today to introduce legislation with been exposed. Screening is also impor- are those that involve incumbent mo- Senator TORRICELLI that would ensure tant to determine whether a child’s nopolies. For example, the mergers that children enrolled in federal health lead poisoning is so severe as to require among Regional Bell Operating Compa- care programs receive screening and medical management to mitigate the nies, which continue to have a virtual appropriate follow-up care for lead poi- long-term health and developmental ef- stranglehold on the local telephone soning. Our bill, the ‘‘Children’s Lead fects of lead. loop, pose a great threat to healthy SAFE Act of 1999’’ is an effort to elimi- Mr. President, our comprehensive competition in the telecommuni- nate a disease that continues to wreak legislation is designed to make sure no cations industry. irreversible damage upon our nation’s child falls through the cracks, by es- Indeed, incumbent telephone compa- children. tablishing clear and consistent stand- nies still control more than 99% of the Despite our success over the past ards for screening and treatment and local residential telephone markets. twenty years to reduce lead poisoning by holding accountable those who are As I said last Congress, and it is still in the U.S., it continues to be the num- responsible for carrying out the re- the case today, at my farm in Mid- ber one environmental health threat to quirements. The legislation supports dlesex and at my home here in Vir- children, with nearly one million pre- improved management information ginia, I have only one choice for dial- schoolers affected. This problem is par- systems to provide state- and commu- tone and local telephone service. That ticularly severe among African Amer- nity-level information about the extent ‘‘choice’’ is the Bell operating company ican children who are at five times to which children have elevated blood or no service at all. higher risk than white children and lead levels. It also expands and coordi- The Telecommunications Act of 1996 low-income children are at eight times nates lead screening and treatment ac- passed with the promise of bringing higher risk than children from well-to- tivities through other federal programs competition to benefit American con- do families. serving at-risk children such as WIC, sumers. However, this promise has yet Minorities and low-income children Early Head Start, and the Maternal to materialize. are disproportionately affected by lead and Child Health Block Grant pro- Since passage of the Telecommuni- poisoning because they frequently live grams. Finally, the bill ties incentives cations Act, Southwestern Bell has in older housing which contains for screening to additional federal merged with PacTel into SBC Corpora- cracked or chipped lead paint, where funding for cleaning up lead-contami- tion, Bell Atlantic has merged into children primarily contract lead poi- nated houses. NYNEX, and AT&T has acquired IBM’s soning by ingesting paint chips or lead Global Network, just to name a few. Mr. President, we propose this legis- dust. Just last week it was reported that lation in an effort to rid children of the If undetected, lead poisoning can U.S. West reached an agreement to detrimental effects of lead poisoning. cause brain and nervous system dam- merge with the telecommunications Every child has a right to screening age, behavior and learning problems company Global Crossing. and possibly death. and follow-up care. This bill will sig- The U.S. Justice Department didn’t Research shows that children with nificantly increase the number of spend years dividing up Ma Bell just to elevated blood-lead levels are seven poisoned children who are screened and see it grow back together again under times more likely to drop out of high treated and help communities, parents, the guise of the 1996 Telecommuni- school and six times more likely to and physicians to take advantage of cations Act. have reading disabilities. It costs an every opportunity that they have to I am very concerned that the con- average of $10,000 more a year to edu- detect and treat lead poisoning before centration of ownership in the tele- cate a lead-poisoned child. We will con- its irreversible effects set in. communications industry is proceeding tinue to pay for our failure to eradicate I ask by unanimous consent that the faster than the growth of competition. this preventable tragedy through costs text of this bill be printed in the Old monopolies are simply regrouping to our education and health care sys- RECORD. and getting bigger and bigger. tem, and losses in lifetime earnings, There being no objection, the bill was Before all the pieces of Ma Bell are unless we act now to protect our chil- ordered to be printed in the RECORD, as put together again, Congress should re- dren. follows: visit the Telecommunications Act. To

VerDate Aug 04 2004 14:03 Oct 02, 2004 Jkt 069102 PO 00000 Frm 00076 Fmt 0686 Sfmt 0634 E:\BR99\S25MY9.002 S25MY9 May 25, 1999 CONGRESSIONAL RECORD—SENATE 10767 ensure competition between Bell Oper- certain mergers and acquisitions that would the parties to the proposed merger or acqui- ating Companies and long distance and unreasonably limit competition in the tele- sition do not meet the requirements speci- other companies, as contemplated by communications industry in any case in fied in subsection (b)(2).’’. passage of this law, we need clearer which certain Federal requirements that SEC. 4 PRESERVATION OF EXISTING AUTHORI- would enhance competition are not met. TIES. guidelines and better incentives. Spe- SEC. 3. RESTRAINT OF TRADE. (1) IN GENERAL.—Nothing in this Act or the cifically, we should ensure that Bell The Clayton Act (15 U.S.C. 12 et seq.) is amendment made by section 3(2) shall be Operating Companies do not gain more amended— construed to modify, impair, or supersede concentrated control over huge per- (1) by redesignating section 27 (as des- the applicability of the antitrust laws, or centages of the telephone access lines ignated by section 2 of Public Law 96–493) as any authority of the Federal Communication of this country through mergers, but section 29; and Commission under the Communication Act of 1934 (47 U.S.C. 151 et. seq.), with respect to only through robust competition. (2) by inserting after section 27 (as added by the Curt Flood Act of 1998 (Public Law mergers, acquisitions, and affiliations of Today I am reintroducing antitrust 105–297)) the following new section: large local exchange carriers. legislation that will bar future mergers ‘‘SEC. 28. (a) In this section, the term ‘large (b) ANTITRUST LAWS DEFINED.—In this sec- between Bell Operating Companies or local telephone company’ means a local tele- tion, the term ‘‘antitrust laws’’ has the GTE, unless the federal requirements phone company that, as of the date of a pro- meaning given that term in the first section for opening the local loop to competi- posed merger or acquisition covered by this of the Clayton Act (15 U.S.C. 12). tion have been satisfied in at least half section, serves more than 5 percent of the SEC 5. APPLICABILITY This Act and the amendment made by sec- of the access lines in each State. telephone access lines in the United States. ‘‘(b) Notwithstanding any other provision tion 3(2) shall apply to a merger or acquisi- The bill provides that a ‘‘large local of law, a large local telephone company, in- tion of a controlling interest of a large local telephone company’’ may not merge cluding any affiliate of such a company, telephone company (as that term is defined with another large local telephone shall not merge with or acquire a controlling in section 27 of the Clayton Act, as added by company unless the Attorney General interest in another large local telephone such section 3(2)), occurring on or after the finds that the merger will promote company unless— date of the enactment of this Act. competition for telephone exchange ‘‘(1) the Attorney General finds that the By Ms. COLLINS (for herself, Mr. services and exchange access services. proposed merger or acquisition will promote competition for telephone exchange services FRIST, Mr. ABRAHAM, Ms. Also, before a merger can take place, and exchange access services; and SNOWE, Mr. JEFFORDS, and Mr. the Federal Communications Commis- ‘‘(2) The Federal Communication Commis- COVERDELL): sion must find that each large local sion finds that each large local telephone S. 1123. A bill to amend the Federal telephone company has for at least company that is a party to the proposed Food, Drug, and Cosmetic Act to im- merger or acquisition, with respect to at one-half of the access lines in each prove the safety of imported food, and State served by such carrier, of which least 1⁄2 of the access lines in each State 1 for other purposes; to the Committee as least one-half are residential access served by that company, of which at least ⁄2 are residential access lines, has fully imple- on Agriculture, Nutrition, and For- lines, fully implemented the require- mented the requirements of sections 251 and estry. ments of sections 251 and 252 of the 252 of the Communications Act of 1934 (47 IMPORTED FOOD SAFETY IMPROVEMENT ACT Communications Act of 1934. U.S.C. 251, 252), including the regulations of ∑ Ms. COLLINS. Mr. President, food The bill requires that each large the Commission and of the States that im- safety is a serious and growing public local telephone company that wishes to plemented those requirements. health concern. According to the Gen- merge with another must file an appli- ‘‘(c) Not later than 10 days after the Attor- ney General makes a finding described in eral Accounting Office (GAO), as many cation with the Attorney General and as 81 million cases of foodborne illness the FCC. A review of these applications subsection (b)(1), the Attorney General shall submit to the Committee on the Judiciary of and 9,000 related deaths occur in the will be subject to the same time limits the Senate and the Committee on the Judici- U.S. every year. Most at risk are the set under the Hart-Scott-Rodino Anti- ary of the House of Representatives a report very old, the very young, and the very trust Improvements Act of 1976. on the finding, including an analysis of the ill. While these statistics refer to all The bill also provides that nothing in effect of the merger or acquisition on com- cases of foodborne illness, recent out- this Act shall be construed to modify, petition in the United States telecommuni- breaks demonstrate that tainted im- impair, or supersede the applicability cations industry. ported foods have increased the inci- of the antitrust laws of the United ‘‘(d)(1) Each large local telephone company or affiliate of a large local telephone com- dence of illness and have exposed States, or any authority of the Federal pany proposing the merge with or acquire a American consumers to new pathogens. Communications Commission, or any controlling interest in another large local The volume of imported foods con- authority of the States with respect to telephone company shall file an application tinues to grow, yet our current food mergers and acquisitions of large local under this section with respect to the merger import system is riddled with holes telephone companies. or acquisition with both the Attorney Gen- which allow unsafe food to penetrate The bill is effective on enactment eral and the Federal Communication Com- our borders. Contaminated food im- and has no retroactive effect. It is en- mission on the same day. ports have caused illnesses rarely seen forceable by the Attorney General in ‘‘(2) The Attorney General and the Federal Communication Commission shall issue a de- in the United States and can be ex- federal district courts. cision regarding the application within the tremely difficult, if not impossible, for This bill has the potential to make time period applicable to review of mergers consumers to detect. the 1996 Telecommunications Act fi- under section 7A. I first became interested in this issue nally live up to some of its promises. ‘‘(e)(1) The district courts of the United when I learned that fruit from Mexico Mr. President, I ask unanimous con- States are vested with jurisdiction to pre- and Guatemala was associated with sent that the text of the bill be printed vent and restrain any mergers or acquisi- three multi-state outbreaks of tions described in subsection (d) that are in- in the RECORD. foodborne illesses—one of hepatitis A consistent with a finding under paragraph (1) and two of Cyclospora infection—that There being no objection, the bill was or (2) of subsection (b). ordered to be printed in the RECORD, as ‘‘(2) The Attorney General may institute sickened thousands of Americans. follows: proceedings in any district court of the These outbreaks included victims in S. 1121 United States in the district in which the de- my home State of Maine. Be it enacted by the Senate and House of Rep- fendant resides or is found or has an agent In my State’s grocery stores, as in resentatives of the United States of America in and that court shall order such injunctive, any typical American grocery store, Congress assembled, and other relief, as may be appropriate if— the fresh fruit and vegetables that are ‘‘(A) the Attorney General makes a finding SECTION 1. SHORT TITLE. available during the winter months that a proposed merger or acquisition cov- come from many other countries. In This Act may be cited as the ‘‘Antitrust ered by an application under subsection (d) Improvements Act of 1999’’. does not meet the condition specified in sub- many ways, imported food is a blessing SEC. 2. PURPOSE section (b)(1); or for American consumers. Fruit and The purpose of this Act is to enhance the ‘‘(B) The Federal Communications Com- vegetables that would normally be un- authority of the Attorney General to prevent mission makes a finding that 1 or more of available in our local grocery stores

VerDate Aug 04 2004 14:03 Oct 02, 2004 Jkt 069102 PO 00000 Frm 00077 Fmt 0686 Sfmt 0634 E:\BR99\S25MY9.002 S25MY9 10768 CONGRESSIONAL RECORD—SENATE May 25, 1999 during the winter months are now worked with my colleagues in drafting arrived at our border two years before, available all year long, making it easi- the legislation we introduce today—the and had been rejected by the FDA as er and more enjoyable to eat the five Imported Food Safety Improvement unfit for consumption. Its importers servings of fruit and vegetables a day Act—to address a broad array of prob- then held this rotten shipment for two the National Cancer Institute rec- lems uncovered during the Subcommit- years before attempting to bring it ommends. But, it’s only a blessing if tee’s investigation. into the country again, by a different the food is safe. Even one serving of My Subcommittee’s investigation route. tainted food can cause sickness and has revealed much about the food we even death. import into this country and the gov- The inspectors only narrowly pre- The Food and Drug Administration ernment’s flawed food safety net. Let vented this poisoned fish from reaching (FDA) reports that the increasing im- me briefly recount some of our findings American plates. And what happened portation of produce is a trend that is which make it clear why this legisla- to the importer who tried to sell this expected to continue. In 1996, the U.S. tion is so urgently needed: deadly food to American consumers? In imported $7.2 billion worth of fruit and In the worlds of the GAO, ‘‘federal ef- effect, nothing. He was placed on pro- vegetables from at least 90 different forts to ensure the safety of imported bation and asked to perform 50 hours of countries, a dramatic increase from the food are inconsistent and unreliable.’’ community service. 1990 level of $4.8 billion. Total food im- Federal agencies have not effectively I suppose we should be thankful that ports have increased from 1.1 million targeted their resources on imported the perpetrators were caught and held shipments in 1992 to 2.7 million in 1997. foods posing the greatest risks; responsible. After all, the unsafe food And, of all the fish and shellfish con- Weaknesses in FDA import controls, might have escaped detection and specifically the ability of importers to sumed in the U.S., more than half is reached our tables. But it worries me control the food shipments from the imported. that the importer essentially received Yet, the FDA annually inspects less port to the point of distribution, makes a slap on the wrist. I believe that for- than 2 percent of the 2.7 million ship- the system vulnerable to fraud and de- ments of food that arrive in the U.S. ception; feiting the small amount of money cur- And of the small number of shipments The bonds required to be posted by rently required for the Custom’s bond, that are inspected, only about a third importers who violate food safety laws which importers now consider no more are tested for some of the most signifi- are so low that they are considered by than a ‘‘cost of doing business,’’ does cant pathogens. What’s more, even some unscrupulous importers at the little to deter unscrupulous importers when the FDA does catch contami- cost of doing business; from trying to slip tainted fish that is nated food, the system often fails to Maintaining the food safety net for two years old past overworked Customs dispose of it adequately. Indeed, ac- imported food is an increasingly com- agents. cording to one survey conducted by the plex task, made more complicated by All too often, unscrupulous importers Customs Service in 1997, as many as 70 previously unknown foodborne patho- are never discovered. The General Ac- percent of the imported food shipments gens, like Cyclospora, that are difficult counting Office testified about a spe- the FDA ordered re-exported or de- to detect; cial operation known as Operation Bad stroyed may have ended up in U.S. Because some imported food can be Apple, conducted by Customs at the commerce any way. Unscrupulous food contaminated by organisms that can- Port of San Francisco in 1997, identi- not be detected by visual inspection or importers can easily circumvent the fied 23 weaknesses in the controls over laboratory tests, placing additional inspection system. FDA-regulated imported food. For ex- Mr. President, to respond to these federal inspectors at ports-of-entry ample, under current law, importers re- problems, I am introducing the Im- alone will not protect Americans from tain custody of their shipments from ported Food Safety Improvement Act, unsafe food imports; and the time they arrive at the border. The with Senator FRIST, Senator ABRAHAM, Since contamination of imported importers must also put up a bond and Senator COVERDELL, Senator JEFFORDS, food can occur at many different places agree to ‘‘redeliver’’ the shipment to and Senator SNOWE as original cospon- from the farm to the table, the ability sors. to trace-back outbreaks of foodborne Customs, for reexport or destruction, if Our legislation is an effort designed illnesses to the source of contamina- ordered to do so or forfeit the bond. to strengthen the existing food import tion is a complex process that requires However, Operation Bad Apple revealed system to help ensure that unsafe food a more coordinated effort among the a very disturbing fact. Of the ship- does not enter the United States. Our federal, state, and local agencies as ments found to violate U.S. standards, goal is to reduce the incidence of well as improved education for health thereby requiring redelivery to Cus- foodborne illnesses and to ensure that care providers so that they can better toms for destruction or re-export, a full American families can enjoy a variety recognize and treat foodborne illnesses. 40 percent were never returned. The of foods year-round without the risk of The testimony that I heard during Customs Service believes an additional illness when they sit down to the din- my Subcommittee’s hearings was trou- 30 percent of shipments that the FDA ner table. bling. The United States Customs Serv- required to be returned contained good This legislation is the product of an ice told us of one particularly egre- products that the importers had sub- extensive investigation by the Perma- gious situation that I would like to stituted for the original bad products. nent Subcommittee on Investigations, share. It involves contaminated fish Customs further believes that the vio- which I chair. During the 105th Con- and illustrates the challenges facing lative products were on their way to gress, the Subcommittee undertook a federal regulators who are charged the marketplace. This means that a 16-month, in-depth investigation into with ensuring the safety of our na- total of 70 percent of products ordered the safety of food imports. During five tion’s food supply. returned, because they were unsafe, days of Subcommittee hearings, we In 1996, federal inspectors along our presumably entered into U.S. com- heard testimony from 29 witnesses, in- border with Mexico opened a shipment merce. cluding scientists, industry and con- of seafood destined for sales to res- sumer representatives, government of- taurants in Los Angeles. The shipment Weak import controls make our sys- ficials, the General Accounting Office, was dangerously tainted with life- tem all too easy to circumvent. After and two persons with first-hand knowl- threatening contaminants, including all, FDA only physically inspects about edge of the seamier side of the im- botulism, Salmonella, and just plain 17 of every 1,000 food shipments and, of ported food industry, a convicted Cus- filth. Much to the surprise of the in- the food inspected, only about a third toms broker and a convicted former spectors, this shipment of frozen fish is actually tested. That is why we have FDA inspector. As a result of the com- had been inspected before by federal worked with the FDA, the Customs pelling testimony that we heard, I have authorities. Alarmingly, in fact, it had Service, and the Centers for Disease

VerDate Aug 04 2004 14:03 Oct 02, 2004 Jkt 069102 PO 00000 Frm 00078 Fmt 0686 Sfmt 0634 E:\BR99\S25MY9.002 S25MY9 May 25, 1999 CONGRESSIONAL RECORD—SENATE 10769 Control (CDC) to ensure that our legis- and consumer groups, and the FDA, the was a career naval officer with an ex- lation addresses many of the issues ex- CDC and the U.S. Customs Service in emplary record, including participa- plored over the course of the Sub- drafting this legislation. tion in the landings in North Africa committee’s investigation and hear- We are truly fortunate that the and award of the Silver Star for cour- ings. Let me describe what this bill is American food supply is one of the age under fire earned during the designed to accomplish. safest in the world. But, our system for Soloman Islands campaign. Before tak- Our legislation will fill the existing safeguarding our people from tainted ing command of the Indianapolis in No- gaps in the food import system and food imports is flawed and poses need- vember 1944, Captain McVay was chair- provide the FDA with certain stronger less risks of serious foodborne illnesses. man of the Joint Intelligence Com- authority to protect American con- I believe it is the responsibility of Con- mittee of the Combined Chiefs of Staff sumers against tainted food imports. gress to provide our federal agencies in Washington, the Allies’ highest in- First and foremost, this bill gives the with the direction, authority, and re- telligence unit. FDA the authority to stop such food sources necessary to keep unsafe food Captain McVay led the ship through from entering our country. This au- out of the United States and off Amer- the invasion of Iwo Jima, then the thority allows the FDA to deny the ican dinner tables.∑ bombardment of Okinawa in the spring entry of imported food that has caused of 1945 during which Indianapolis’ anti- repeated outbreaks of foodborne ill- By Mr. SMITH of New Hampshire aircraft guns shot down seven enemy nesses, presents a reasonable prob- (for himself, Mr. FRIST, Mr. planes before the ship was severely ability of causing serious adverse BOND, Ms. LANDRIEU, Mr. ROBB, damaged. McVay returned the ship health consequences, and is likely Mr. HAGEL, Mr. BREAUX, Mr. safely to Mare Island in California for without systemic changes to cause dis- TORRICELLI, Mr. HELMS, Mr. repairs. ease again. INHOFE, Mr. DURBIN, and Mr. In 1945, the Indianapolis delivered the Second, this legislation includes the EDWARDS). world’s first operational atomic bomb authority for the FDA to require se- S.J. Res. S. 25. A joint resolution ex- to the island of Tinian, which would cure storage of shipments offered by re- pressing the sense of Congress with re- later be dropped on Hiroshima by the peat offenders prior to their release spect to the court-marital conviction Enola Gay on August 6. After delivering into commerce, to prohibit the prac- of the late Rear Admiral Charles But- its fateful cargo, the Indianapolis then tice of ‘‘port-shopping,’’ and to mark ler McVay III, and calling upon the reported to the naval station at Guam boxes containing violative foods as President to award a Presidential Unit for further orders. She was ordered to ‘‘U.S.—Refused Entry.’’ This latter au- Citation to the final crew of the U.S.S. join the battleship U.S.S. Idaho in the thority, which would allow the FDA to Indianapolis; to the Committee on Philippines to prepare for the invasion clearly mark boxes containing con- Armed Services. of Japan. It was at Guam that the series of taminated foods, is currently used with Mr. SMITH of New Hampshire. Mr. events ultimately leading to the sink- success by the U.S. Department of Ag- President, I rise today to share with ing of the Indianapolis began to unfold. riculture, and has been requested spe- my colleagues a brief story from the Hostilities in this part of the Pacific cifically by the FDA. Our bill also will closing days of World War II, the war had long since ceased. The Japanese require the destruction of certain im- in the Pacific. It is a harrowing story, with many surface fleet was no longer considered a ported foods that cannot be adequately likely threat, and attention instead reconditioned to ensure safety. Third, elements. Bad timing, bad weather. Heroism and fortitude. Negligence and had turned 1,000 miles to the north the legislation directs the FDA to de- where preparations were underway for velop criteria for use by private labora- shame. Bad luck. Above all, it is the story of some very special men whose the invasion of the Japanese mainland. tories used to collect and analyze sam- These conditions led to a relaxed state will to survive shines like a beacon ples of food offered for import. This of alert on the part of those who de- decades later. will ensure the integrity of the testing cided to send the across I should point out that it is because Indianapolis process. the Philippine Sea unescorted, and con- of the efforts of a 13 year old boy in Fourth, the bill will give ‘‘teeth’’ to sequently, Captain McVay’s orders to Florida that I introduce this bill today. the current food import system by es- ‘‘zigzag at his discretion.’’ Zigzagging Hunter Scott, working for nearly two tablishing two strong deterrents—the is a naval maneuver used to avoid tor- years on what started as a history threats of high bonds and of debar- pedo attack, generally considered most project, compiled a mountain of clip- ment—for unscrupulous importers who effective once the torpedoes have been pings, letters, and interviews that ulti- repeatedly violate U.S. law. No longer launched. will the industry’s ‘‘bad actors’’ be able mately led Congressman JOE SCAR- The Indianapolis, unescorted, de- to profit from endangering the health BOROUGH to introduce this bill in the parted Guam for the Philippines on of American consumers. House, and for me to do so in the Sen- July 28. Just after midnight on 30 July Finally, our bill will authorize the ate. Hunter, on behalf of the survivors 1945, midway between Guam and the CDC to award grants to state and local of the U.S.S. Indianapolis, the family of Leyte Gulf, she was hit by two tor- public health agencies to strengthen Captain McVay, and your country, I pedoes fired by the ‘‘I–58,’’ a Japanese the public health infrastructure by up- thank you for your courageous efforts. submarine. The first blew away the dating essential items such as labora- Mr. President, we have the oppor- bow, the second struck near mid-ship tory and electronic-reporting equip- tunity to redeem the reputation of a on the starboard side adjacent to a fuel ment. Grants will also be available for wronged man, and salute the indomi- tank and a powder magazine. The re- universities to develop new and im- table will of a courageous crew. I had sulting explosion split the ship in two. proved tests to detect pathogens and the distinct honor and priviledge of Of the 1,196 men aboard, about 900 es- for professional schools and profes- hosting two distinguished members of caped the sinking ship and made it into sional societies to develop programs to that courageous crew just this morn- the water in the twelve minutes before increase the awareness of foodborne ill- ing; Richard Paroubek, of Williams- she sank. Few life rafts were released. ness among healthcare providers and burg, VA, who was a Yeoman 1st Class, Shark attacks began at sunrise on the the public. and Woodie James of Salt Lake City, first day, and continued until the men We believe the measures provided for UT, who was a Coxswain. The bill I in- were physically removed from the in this legislation will help to curtail troduce today will honor these two water, almost five days later. the risks that unsafe food imports cur- men, and their fellow shipmates of the Shortly after 11:00 A.M. of the fourth rently pose to our citizens, particularly U.S.S. Indianapolis, and redeem their day, the survivors were accidentally our elderly, our children and our sick. Captain, Charles McVay. discovered by an American bomber on I appreciate the advice and input we A 1920 graduate of the U.S. Naval routine antisubmarine patrol. A patrol- have received from scientists, industry Academy, Charles Butler McVay III ling seaplane was dispatched to lend

VerDate Aug 04 2004 14:03 Oct 02, 2004 Jkt 069102 PO 00000 Frm 00079 Fmt 0686 Sfmt 0634 E:\BR99\S25MY9.002 S25MY9 10770 CONGRESSIONAL RECORD—SENATE May 25, 1999 assistance and report. En route to the what specific charges would be brought documents not made available to scene the pilot overflew the destroyer against him. The reason was simple. McVay’s defense, have surfaced raising U.S.S. Cecil Doyle ( DD–368), and alerted The Navy had not yet decided what to significant questions about the justice her captain to the emergency. The cap- charge him with. Four days before the of the conviction. tain of the Doyle, on his own authority, trial began they did decide on two Although naval authorities at Guam decided to divert to the scene. charges: the first, failing to issue or- knew that on July 24, four days before Arriving hours ahead of the Doyle, ders to abandon ship in a timely fash- the Indianapolis departed for Leyte, the the seaplane’s crew began dropping ion; and the second, hazarding his ves- destroyer escort U.S.S. Underhill had rubber rafts and supplies. While doing sel by failing to zigzag during good vis- been sunk by a Japanese submarine so, they observed men being attacked ibility. within range of the Indianapolis’ path, by sharks. Disregarding standing or- It’s difficult to understand why the McVay was not told. ders not to land at sea, the plane land- Navy brought the first charge against Although a code-breaking system ed and began taxiing to pick up the McVay. Explosions from the torpedo called ULTRA had alerted naval intel- stragglers and lone swimmers who were attacks had knocked out the ship’s ligence that a Japanese submarine (the at greatest risk of shark attack. communications system, making it im- I–58, which ultimately sank the Indian- As darkness fell, the crew of the sea- possible to give an abandon ship order apolis) was operating in his path, plane waited for help to arrive, all the to the crew except by word of mouth, McVay was not told. Classified as top while continuing to seek out and pull which McVay had done. He was ulti- secret until the early 1990s, this intel- nearly dead men from the water. When mately found not guilty on this count. ligence—and the fact it was withheld the plane’s fuselage was full, survivors That left the second charge of failing from McVay before he sailed from were tied to the wing with parachute to zigzag. Perhaps the most egregious Guam—was suppressed during his cord. The plane’s crew rescued 56 men aspect however, was in the phrasing of court-martial. that day. the charge itself. The phrase was ‘‘dur- Although the routing officer at Guam The Cecil Doyle was the first vessel on ing good visibility.’’ According to all was aware of the ULTRA intelligence the scene, and began taking survivors accounts of the survivors, including report, he said a destroyer escort for aboard. Disregarding the safety of his written accounts only recently declas- the Indianapolis was ‘‘not necessary’’ own vessel, the Doyle’s captain pointed sified and not made available to and, unbelievably, testified at McVay’s his largest searchlight into the night McVay’s defense at the trial, the visi- court-martial that the risk of sub- sky to serve as a beacon for other res- bility that night was severely limited marine attack along the Indianapolis’ cue vessels. This beacon was the first with heavy cloud cover. This is perti- route ‘‘was very slight’’. indication to the survivors that their nent for two reasons. First, no Navy di- Although McVay was told of ‘‘sub- prayers had been answered. Help had at rectives in force at that time or since marine sightings’’ along his path, he last arrived. recommended, much less ordered, zig- was told none had been confirmed. Of the 900 who made it into the water zagging at night in poor visibility. Sec- Such sightings were commonplace only 317 remained alive. After almost ondly, as Admiral Nimitz pointed out, throughout the war and were generally five days of constant shark attacks, the rule requiring zigzagging would not ignored by Navy commanders unless starvation, terrible thirst, and suf- have applied in any event, since confirmed. Thus, the Indianapolis set fering from exposure and their wounds, McVay’s orders gave him discretion on sail for Leyte on July 26, 1945, sent into the men of the Indianapolis were at last that matter and thus took precedence harm’s way with its captain unaware of rescued from the sea. over all other orders. Thus, when he dangers which shore-based naval per- Curiously, the Navy withheld the stopped zigzagging, he was simply exer- sonnel know were in his path. news of the sunken ship from the cising his command authority in ac- The U.S.S. Indianapolis was not American people for two weeks, until cordance with Navy directives. Unbe- equipped with submarine detection the day the Japanese surrendered on lievably, this point was never made by equipment, and therefore Captain August 15, 1945, thus insuring minimum McVay’s defense counsel during the McVay requested a destroyer escort. press coverage for the story of the Indi- subsequent court-martial. Although no capital ship without sub- anapolis’ loss. Captain McVay was ultimately found marine detection devices had sailed be- Also suspicious, conceding that they guilty on the charge of failing to zig- tween Guam and the Philippines with- were ‘‘starting the proceedings without zag, and was discharged from the Navy out a destroyer escort throughout all having available all the necessary with a ruined career. In 1946, at the of World War II, McVay’s request for data,’’ less than two weeks after the specific request of Admiral Nimitz who such an escort was denied. sinking of the Indianapolis, before the had become Chief of Naval Operations, The Navy failed to notice when the sinking of the ship had even been an- Secretary Forrestal, in a partial admis- ship did not show up in port in the nounced to the public, the Navy opened sion of injustice, remitted McVay’s Philippines. U.S. authorities inter- an official board of inquiry to inves- sentence and restored him to duty. cepted a message from the I–58 to its tigate Captain McVay and his actions. But, Captain McVay’s court-martial, headquarters in Japan informing them The board recommended a general and personal culpability for the sink- that it had sunk the U.S.S. Indianap- court-martial for McVay. ing of the Indianapolis continued to olis. This message was ignored and the Admiral Nimitz, Commander in Chief stain his Navy records. The stigma of Navy did not initiate a search. The In- of Pacific Command, did not agree—he his conviction remained with him al- dianapolis transmitted three distress wrote the Navy’s Judge Advocate Gen- ways, and he ultimately took his own calls before it sank, and one was re- eral that at worst McVay was guilty of life in 1968. To this day Captain McVay ceived at the naval base in the Phil- an error in judgment, but not gross is recorded in history as negligent in ippines. Again, no search was initiated negligence worthy of court-martial. the deaths of 870 sailors. and no effort was made to locate any Nimitz recommended a letter of rep- We need to restore the reputation of survivors. It was not until four days rimand. this honorable officer. In the decades after the ship had sunk, when a bomber Overriding both Nimitz and Admiral since World War II, the crew of the In- inadvertently spotted sailors being Raymond Spruance who commanded dianapolis has worked tirelessly in de- eaten by sharks in the water below, the Fifth Fleet, Secretary of the Navy fending their Captain, and trying to en- that a search party was dispatched. James Forrestal and Admiral Ernest sure that his memory is properly hon- Although 700 navy ships were lost in King, Chief of Naval Operations, di- ored. It is at the specific request of the combat in World War II, McVay was rected that court-martial proceedings survivors of the U.S.S. Indianapolis that the only captain to be court-martialed against Captain McVay proceed. I introduce this resolution. as the result of a sunken ship. Captain McVay was notified of the Since McVay’s court-martial, a num- Captain McVay was denied both his pending court-martial, but not told ber of factors, including once classified first choice of defense counsel and a

VerDate Aug 04 2004 14:03 Oct 02, 2004 Jkt 069102 PO 00000 Frm 00080 Fmt 0686 Sfmt 0634 E:\BR99\S25MY9.002 S25MY9 May 25, 1999 CONGRESSIONAL RECORD—SENATE 10771 delay to develop his defense. His coun- Mr. DURBIN. I would like to first EM2*. BALL, Emmet E., S2. BALLARD, sel, a line officer with no trial experi- commend the Senator from New Hamp- Courtney J., SSM3. BARENTHIN, Leonard ence, had only four days to prepare his shire. I was visited in my office by a W. S2. BARKER, Robert C. Jr., RT1. case. gentleman named Michael Kuryla, Jr., BARKSDALE, Thomas L., FC3. BARNES, Paul C., F2. BARNES, Willard M., MM1. Incredibly, the Navy brought of Poplar Grove, IL, one of the sur- BARRA, Raymond J., CGMA. BARRETT, Mochitura Hashimoto, the commander vivors of the U.S.S. Indianapolis. He re- James B., S2. BARRY, Charles., LT. (jg). of the Japanese I–58 submarine that counted to me in detail what happened BARTO, Lloyd P., S1*. BARTON, George S., sunk the Indianapolis to testify at the when that ship went down. As he Y3. BATEMAN, Bernard B., F2*. court-martial. Hashimoto testified talked about being in the ocean for BATENHORST, Wilfred J., MM3. BATSON, that just after midnight the clouds days, not knowing whether they would Eugene C., S2. BATTEN, Robert E., S1. cleared long enough to see and fire be rescued, watching his shipmates BATTS, Edward D., STM1. BEANE, James upon the Indianapolis. He also implied who were literally dying around him A., F2*. BEATY, Donald L., S1*. BECKER, Myron M., WT2. BEDDINGTON, Charles E., in pretrial statements that zigzagging and being devoured by sharks, won- S1. BEDSTED, Leo A., F1. BEISTER, Rich- would not have saved the Indianapolis dering if they would ever be rescued, ard J., WT3. BELCHER, James R., S1*. because of his clear view, but this point tears came to his eyes. More than 50 BELL, Maurice G., S1*. BENNETT, Dean R., was not raised by McVay’s defense dur- years after, tears came to his eyes. He HA1. BENNETT, Ernest F., B3. BENNETT, ing the trial itself. said it wasn’t fair, what they did to Toney W., ST3. BENNING, Harry, S1. BEN- Another witness in the trial, veteran Captain McVay; to court-martial him TON, Clarence U., CFCP*. BERNACIL, Con- Navy submariner Glynn Donaho, a was wrong. He asked me for my help, if cepcion P. FC3*. BERRY, Joseph, Jr., STM1. four-time Navy Cross winner was asked I would join the Senator from New BERRY, William H., ST3. BEUKEMA, Ken- by McVay’s defense counsel whether neth J., S2. BEUSCHLEIN, Joseph C., S2. Hampshire on this resolution, and I am BIDDISON, Charles L., S1. ‘‘it would have been more or less dif- happy to do so. BILLINGS, Robert B., ENS. ficult for you to attain the proper fir- I think justice cries out that we BILLINOSLEY, Robert F., GM3*. BILZ, Rob- ing position’’ if the Indianapolis had agree to this resolution; that Captain ert E., S2. BISHOP, Arthur, Jr., S2. been zigzagging under the conditions McVay, who was singled out, out of all BITONTI, Louis P., S1*. BLACKWELL, which existed that night. His answer the captains of the fleet, to be court- Fermon M. SSML3. BLANTHORN, Bryan, was, ‘‘No, not as long as I could see the martialed under these circumstances is S1*. BLUM, Donald J., ENS. BOEGE, Ray- target.’’ This testimony was either de- just unfair. The men who served under mond R., S2. BOGAN, Jack R., RM1. liberately ignored by, or passed over BOLLINGER, Richard H., S1. BOOTH, Sher- him, those whose lives were under his man C., S1*. BORTON, Herheit E., SC2. the heads of, the court-martial board, care and those who survived this worst BOSS, Norbert G., S2. BOTT, Wilbur M., S2. and it was not pursued further by sea disaster in U.S. naval history—they BOWLES, Eldridge W. S1. BOWMAN, Charles McVay’s defense. have come forward. They have asked us E., CTC. BOYD, Troy H., GM3. BRADLEY, Many of the survivors of the Indian- to make sure that history properly William H., S2. BRAKE, John Jr., S2. apolis believe that a decision to convict records the contribution Captain BRANDT, Russell L., F2*. BRAUN, Neal F., McVay was made before his court-mar- McVay made to his country. S2. BRAY, Harold J. Jr., S2*. BRICE, R.V., tial began. They are convinced McVay I am happy to join in this resolution. S2. BRIDGE, Wayne A., S2. BRIGHT, Chester was made a scapegoat to hide the mis- L., S2. BRILEY, Harold V., MAM3. BROOKS, I hope other Members of the Senate, Ulysess R., CWTA. BROPHY, Thomas D’Arcy takes of others. McVay was court- hearing this debate and reading this Jr., ENS. BROWN, Edward A., WT3. BROWN, martialed and convicted of ‘‘hazarding resolution, will cosponsor it as well Edward J., S1*. BRUCE, Russell W., S2. his ship by failing to zigzag’’ despite and that we can close the right way BRULE, Maurice J., S2. BRUNDIGE, Robert overwhelming evidence that the Navy this chapter in American naval his- H., S1*. BRUNEAU, Charles A., GM3. itself had placed the ship in harm’s tory. BUCKETT, Victor R., Y2*. BUDISH, David, way, despite testimony from the Japa- Mr. SMITH of New Hampshire. I S2. BULLARD, John K., S1*. BUNAI, Robert nese submarine commander that zig- thank the Senator from Illinois. P., SM1*. BUNN, Horace G., S2. BURDORF, zagging would have made no difference, Wilbert J., COX*. BURKHARTSMEIER, I ask unanimous consent that the Anton T., S1. BURKHOLTZ, Frank Jr., EM3. despite the fact that although 700 Navy roster of the final crew of the U.S.S. BURLESON, Martin L., S1. BURRS, John ships were lost in combat in World War Indianapolis be printed in the RECORD. W., S1. BURT, William George A., QM3. BUR- II McVay was the only captain to be There being no objection, the list was TON, Curtis H., S1*. BUSHONG, John R., court-martialed, and despite the fact ordered to be printed in the RECORD, as GM3. CADWALLADER, John J., RT3. CAIN, the Navy did not notice when the Indi- follows: Alfred B., RT3. CAIRO, William G., BUG1. CALL, James E., RM3. CAMERON, John W, anapolis failed to arrive on schedule, THE FINAL CREW OF THE U.S.S. GM2. CAMP, Garrison, STM2. CAMPANA, thus costing hundreds of lives unneces- ‘‘INDIANAPOLIS’’ (CA–35) sarily and creating the greatest sea Paul, RDM3. CAMPBELL, Hamer E. Jr., CREW AND OFFICERS GM3*. CAMPBELL, Louis D., AOM3*. CAMP- disaster in the history of the United ABBOTT, George S., S1. ACOSTA, Charles BELL, Wayland D., SF3. CANDALINO, Paul States Navy. M., MM3. ADAMS, Leo H., S1*. ADAMS, Pat L., LT.(jg). CANTRELL, Billy G., F2. The resolution I am introducing cor- L., S2. ADORANTE, Dante W, S2. AKINES, CARNELL, Lois W., S2. CARPENTER, Wil- rects a 54 year old injustice, restores William R., S2*. ALBRIGHT, Charles E., Jr., lard A., SM3. CARR, Harry L., S2. CAR- the honorable name of a decorated Cox. ALLARD, Vincent J., QM3*. ALLEN, ROLL, Gregory K., S1. CARROLL, Rachel Navy combat veteran, and honors the Paul F., S1. ALLMARAS, Harold D., F2. W., COX. CARSON, Clifford, F1. wishes of his loyal and faithful crew. It ALTSCHULER, Allan H., S2*. ALVEY, Ed- CARSTENSEN, Richard, S2. CARTER, Gro- will also honor the crew of the Indian- ward W., Jr., AerM2. AMICK, Homer I., S2. ver C., S1*. CARTER, Lindsey L., S2*. apolis for their courage in surviving ANDERSEN, Lawrence J., SK2. ANDERSON, CARTER, Lloyd G., COX*. CARVER, Grover Erick T., S2*. ANDERSON, Leonard O., MM3. C., S1*. CASSIDY, John C., S1*. CASTALDO, this awful tragedy. ANDERSON, Sam G., S2. ANDERSON, Vin- Patrick P., GM2. CASTIAUX, Ray V., S2. I urge my colleagues to support this cent U., BMI. ANDERSON, Richard L., F2. CASTO, William H., S1. CAVIL, Robert R., resolution and I am proud to offer it on ANDREWS, William R., S2*. ANNIS, James MM2. CAVITT, Clinton C., WT3. CELAYA, behalf of Captain McVay and the won- B. Jr., CEMA. ANTHONY, Harold R., PHM3. Adolfo V., F2*. CENTAZZO, Frank J., SM3*. derful and honorable men of the U.S.S. ANTONIE, Charles J., F2. ANUNTI, John M., CHAMNESS, John D., S2*. CHANDLER, Indianapolis, two of whom are sitting M2*. ARMENTA, Lorenzo, SC2. Lloyd N., S2. CHART, Joseph, EM3. CHRIS- with us in the gallery today, Mr. Presi- ARMISTEAD, John H., S2*. ARNOLD, Carl TIAN, Lewis E. Jr., WO. CLARK, Eugene, dent. L., AMM3. ASHFORD, Chester W., WT2. CK3. CLARK, Orsen N., S2*. CLEMENTS, ASHFORD, John T. Jr., RT3*. ATKINSON, Harold P., S2. CLINTON, George W., S1*. Mr. DURBIN. Will the Senator yield J.P., COX. AULL, Joseph H., S2. AULT, Wil- CLINTON, Leland J., LT. (jg). COBB, Wil- for a question? liam F., S2*. AYOTT’E, Lester J., S2. liam L., MOMM3. COLE, Walter H., CRMA. Mr. SMITH of New Hampshire. I will BACKUS, Thomas H., LT. (jg). BAKER, Dan- COLEMAN, Cedric F., LCFR. COLEMAN, certainly yield to the Senator from Il- iel A., S2. BAKER, Frederick H., S2. BAKER, Robert E., F2*. COLLIER, Charles R., RM2*. linois. William M. Jr., EM1. BALDRIDGE, Clovis R. COLLINS, James, STM1. COLVIN, Frankie

VerDate Aug 04 2004 14:03 Oct 02, 2004 Jkt 069102 PO 00000 Frm 00081 Fmt 0686 Sfmt 0634 E:\BR99\S25MY9.002 S25MY9 10772 CONGRESSIONAL RECORD—SENATE May 25, 1999 L., SSMT2. CONDON, Barna T., RDM1. Russel T., F2. GARNER, Glenn R., MM2. John G., F1. HORVATH, George J., F1*. HOS- CONNELLY, David F., ENS. CONRAD, GAUSE, Robert P., QM1*. GAUSE, Rubin C., KINS, William O., Y3*. HOUCK, Richard E., James P., EM3. CONSER, Donald L., SC2. Jr., ENS. GEMZA, Rudolph A., FC3*. EM3*. HOUSTON, Robert G., F1. HOUSTON, CONSIGLIO, Joseph W., FC2. CONWAY, GEORGE, Gabriel V., MM3*. GERNGROSS, William H., PHM2. HOV, Donald A., S1. Thomas M., Rev., LT. COOK, Floyd E., SF3. Frederick J., Jr., ENS. GETTLEMAN, Rob- HOWISON, John D., ENS.*. HUBELI, Joseph COOPER, Dale, Jr., F2. COPELAND, Willard ert A., S2*. GIBSON, Buck W., GM3*. GIB- F., S2*. HUEBNER, Harry J. S1. HUGHES, J., S2. COSTNER, Homer J., COX*. COUN- SON, Curtis W., S2. GIBSON, Ganola F., Lawrence E., F2. HUGHES, Robert A., FC3. TRYMAN, Robert E., S2. COWEN, Donald R., MM3. GILBERT, Warner, Jr. S1. HUGHES, William E., SSML2. HUMPHREY, FC3*. COX, Alford E., GM3. COX, Loel Dene, GILCREASE, James, S2*. GILL, Paul E., Maynard L., S2. HUNTER, Arthur R. Jr., S2*. CRABB, Donald C., RM2. CRANE, Gran- WT2. GILMORE, Wilbur A., S2. GISMONDI, QM1. HUNTLEY, Virgil C., CWO. HUPKA, ville S. Jr., MM2*. CREWS, Hugh C., LT. (jg). Michael V., S1. GLADD, Millard, Jr., MM2*. Clarence E., BKR1*. HURLEY, Woodrow, CRITES, Orval D., WT1. CROUCH, Edwin M., GLAUB, Francis A., GM2. GLENN, Jay R., GM2*. HURST, Robert H., LT. HURT, James CAPT. (Passenger). CRUM, Charles J., S2. AMM3*. GLOVKA, Erwin S., S2. GODFREY, E., S2. HUTCHISON, Merle B., S2. IGOU, CRUZ, Jose S., CCKA. CURTIS, Erwin E., Marlo R., RM3. GOECKEL, Ernest S., LT. Floyd, Jr., RM2. IZOR, Walter E., F1. JACK- CTCP. DAGENBART, Charles R. Jr., PHM2. (jg). GOFF, Thomas G., SF3*. GOLDEN, SON, Henry, STML. JACQUEMOT, Joseph DALE, Elwood R., F1. DANIEL, Harold W., Curry., STM1. GOLDEN, James L., S1. A., S2*. JADLOSKI, George K., S2. CBMA*. DANIELLO, Anthony G., S1. DAVIS, GONZALES, Ray A., S2. GOOCH, William L., JAKUBISIN, Joseph S., S2. JAMES, Woodie James C. RM3. DAVIS, Kenneth G., F1. F2*. GOOD, Robert K., MM3. GOODWIN, Oli- E., COX*. JANNEY, Johns Hopkins, CDR. DAVIS, Stanley G., LT. (jg). DAVIS, Thomas ver A., CRTA. GORE, Leonard F., S2. JARVIS, James K., AM3*. E., SM2. DAY, Richard R. Jr., S2. DEAN, GORECKI, Joseph W., SK3. GOTTMAN, Paul JEFFERS, Wallace M., COX. JENNEY, John T. Jr., S2. DeBERNARDI, Louie, BMI*. J., S2. Charles I., LT. JENSEN, Chris A., S2. JEN- DEFOOR, Walton, RDM3. DEMARS, Edgar GOVE, Carroll L., S2. GRAY, Willis L., S1*. SEN, Eugene W., S2*. JEWELL, Floyd R., J., CBMA. DEMENT, Dayle P., S1. DENNY, GREATHOUSE, Bud R., S1. GREEN, Robert SK1. JOHNSON, Bernard J., S2. JOHNSON, Lloyd, Jr., S2. DEWING, Ralph O., FC3*. U., S2. Elwood W., S2. JOHNSON, George G., S2. DIMOND, John N., S2. DIZELSKE, William GREEN, Tolbert, Jr., S1*. GREENE, Sam- JOHNSON, Harold B., S1. JOHNSON, Sidney B., MM2*. DOLLINS, Paul, RM2. DONALD, uel G., S1. GREENLEE, Charles I., S2*. B., S1. JOHNSON, Walter M. Jr., S1. JOHN- Lyle H., EM1. DONEY, William Junior, F2. GREER, Bob E., S2. GREGORY, Garland G., SON, William A., S1*. JOHNSTON, Earl R., DONNER, Clarence W., RT3*. DORMAN, Wil- F1. GREIF, Matthias D., WT3. GRIES, Rich- BM2. JOHNSTON, Lewis E., S1. JOHNSTON, liam B., S1. DORNETTO, Frank P, WT1. ard C., F2. GRIEST, Frank D., GM3. GRIF- Ray F., MM1. JOHNSTON, Scott A., F2. DOSS, James M., S2. DOUCETTE, Ronald O., FIN, Jackie D., S1. GRIFFITH, Robert S., JONES, Clinton L., COX*. JONES, George E., S2. DOUGLAS, Gene D., F2*. DOVE, Bassil S1*. GRIFFITHS, Leonard S., S2. GRIGGS, S2. JONES, Jim, S2. JONES, Kenneth M., F1 R., SKD2. DOWDY, Lowell S., CWO. DRANE, Donald R., F1. GRIMES, David E., S2. MoMM. JONES, Sidney, S1*. JONES, Stan- James A., GM2. DRAYTON, William H., GRIMES, James F., S2. GROCE, Floyd V., ley F., S2. JORDAN, Henry, STM2. JORDON, EM2*. DRISCOLL, David L., LT. (jg). RDM2. GROCH, John T., MM3. GUENTHER, Thomas H., S2. JOSEY, Clifford O., S2. DRONET, Joseph E.J., S2*. DRUMMOND, Morgan E., EM3. GUERRERO, John G., S1. JUMP, David A., ENS. JURGENSMEYER, James J., F2. DRURY, Richard E., S2. DRY- GUILLOT, Murphy U., F1. GUYE, Ralph L., Alfred J., S2. JURKIEWICZ, Raymond S., DEN, William H., MM1*. DUFRAINE, Delbert Jr., QM3. GUYON, Harold L., F1. S1*. JUSTICE, Robert E., S2*. KARPEL, Dan E., S1. DUNBAR, Jess L., F2. DURAND, HABERMAN, Bernard, S2. HADUCH, John L., BM1. KARTER, Leo C. Jr., S2. KASTEN, Ralph J., Jr., S2. DYCUS, Donald, S2. M., S1. HALE, Robert B., LT. HALE, William Stanley O., HA1. KAWA, Raymond P., SK3. EAKINS, Morris B., F2. EAMES, Paul H. Jr., F., S2. HALL, Pressie, F1. HALLORAN, Ed- KAY, Gust C., S1*. KAZMIERSKI, Walter, ENS. EASTMAN, Chester S., S2. ECK, Harold ward G., MM3. HAM, Saul A., S1. HAMBO, S1*. KEENEY, Robert A., ENS. KEES, A., S2*. EDDINGER, John W, S1. EDDY, William P., PHM3. HAMMEN, Robert, Shalous E., EM2*. KEITH, Everette E., EM2. Richard L., RM3. EDWARDS, Alwyn C., F2. PHOM3. HAMRICK, James J., S2. HANCOCK, KELLY, Albert R., S2. KEMP, David P. Jr., EDWARDS, Roland J., BM1. E’GOLF, Harold William A., GM3. HANKINSON, Clarence W., SC3*. KENLY, Oliver W., RdM3*. KENNEDY, W., S2. ELLIOTT, Kenneth A., S1. ELLIOTT, F2. HANSEN, Henry, S2. HANSON, Harley Andrew J. Jr., S2. KENNEDY, Robert A., S1. Harry W., S2. EMERY, William F., S1*. C., WO.* HARLAND, George A., S2. HARP, KENNY, Francis J.P., S2. EMSLEY, William J., S1. ENGELSMAN, Charlie H., S1. HARPER, Vasco, STM1. HAR- KEPHART, Paul, S1. KERBY, Deo E., S1*. Ralph, S2*. EPPERSON, Ewell, S2*. RIS, James D., F2. HARRIS, Willard E., F2. KERN, Harry G., S1. KEY, S.T., EM2. EPPERSON, George L., S1. ERICKSON, HARRISON, Cecil M., CWO.*. HARRISON, KEYES, Edward H., COX*. KIGHT, Audy C., Theodore M., S2*. ERNST, Robert C., F2. Frederick E., S2. HARRISON, James M., S1. S1. KILGORE, Archie C., F2. KILLMAN, Rob- ERWIN, Louis H., COX*. ETHIER, Eugene E., HART, Fred Jr., RT2*. HARTRICK, Willis B., ert E., GM3. KINARD, Nolan D., S1. EM3*. EUBANKS, James H., S1. EVANS, Ar- MM1. HATFIELD, Willie N., S2*. KINCAID, Joseph E., FC2. KING, A.C., S1*. thur J., PHM2. EVANS, Claudus, GM3*. HAUBRICH, Cloud D., S2. HAUSER, Jack I., KING, Clarence Jr., STM2. KING, James T., EVERETT, Charles N., EM2. EVERS, Law- SK2. HAVENER, Harlan C., F2*. HAVINS, S1. KING, Richard E., S2. KING, Robert H., rence L., CMMA. EYET, Donald A., S1. FAN- Otha A., Y3*. HAYES, Charles D., LCDR. S2. KINNAMAN, Robert L., S2. KINZLE, TASIA, Frank A., F2. FARBER, Sheldon L., HAYLES, Fleix, CK3. HAYNES, Lewis L., Raymond A., BKR2*. KIRBY, Harry, S1. S2. FARLEY, James W., S1. FARMER, Ar- MC., LCDR.*. HANYES, Robert A., LT. KIRK, James R., SC3. KIRKLAND, Marvin chie C., Cox*. FARRIS, Eugene F., S1*. FAST HAYNES, William A., S1. HEERDT, F., S1*. KIRKMAN, Walter W., SF1. HORSE, Vincent, S2. FEAKES, Fred A., Raymound E., F2. HEGGIE, William A., KISELICA, Joseph F., AMM2*. KITTOE, AOMI*. FEDORSKI, Nicholas W., S1*. RDM3. HEINZ, Richard A., HA1. HELLER, James W., F2*. KLAPPA, Ralph D., S2*. FEENEY, Paul R., S2. FELTS, Donald J., John, S2*. HELLER, Robert J. Jr., S2. KLAUS, Joseph F., S1*. KLEIN, Raymond J., BMI*. FERGUSON, Albert E., CMMA*. FER- HELSCHER, Ralph J., S1. HELT, Jack E., S1. KLEIN, Theil J., SK3. KNERNSCHIELD, GUSON, Russel M., RT3. FIGGINS, Harley F2. HENDERSON, Ralph L., S1. HENDRON, Andrew N., S1. KNOLL, Paul E., COX. D., WT2. FIRESTONE, Kenneth F., FC2. James R. Jr., F2. HENRY, Earl O., DC, KNOTT, Elbern L., S1. KNUDTSON, Ray- FIRMIN, John A. H., S2. FITTING, Johnny LCDR. HENSCH, Erwin F., LT.*. HENLSEY, mond A., S1. KNUPKE, Richard R., MM3. W., GM1*. FLATEN, Harold J., WT2*. Clifford, SSMB2. HERBERT, Jack E., BM1. KOCH, Edward C., EM3*. KOEGLER, Albert, FELISCHAUER, Donald W., S1. FLESHMAN, HERNDON, Duane, S2. HERSHBERGER, S1. KOEGLER, William, 5C3. KOLAKOWSKI, Vern L., S2. FLYNN, James M., Jr., S1. Clarence L., S1*. HERSTINE, James F., ENS. Ceslaus, SM3. KOLLINGER, Robert E., S1. FLYNN, Joseph A., CDR. FOELL, Cecil D., HICKEY, Harry T., RM3. HICKS, Clarence, KONESNY, John M., S1. KOOPMAN, Walter ENS. FORTIN, Verlin L., WT3*. FOSTER, S1. HIEBERT, Lloyd H., GM1. HILL, Clar- F., F2. KOPPANG, Raymond I., LT (jg). Verne E., F2*. FOX, William H. Jr., F2*. ence M., CWTP. HILL, Joe W., STM1. HIll, KOUSKI, Fred, GM3. KOVALICK, George R., FRANCOIS, Norbert E., F1*. FRANK, Ru- Nelson P. Jr., LT. HILL, Richard N., ENS. S2. KOZIARA, George, S2*. dolph A., S2. FRANKLIN, Jack R., RDM3. HIND, Lyle L., S2*. HINES, Lionel G., WT1. KOZIK, Raymond., S1. KRAWYVZ, Henry FREEZE, Howard B., LT. (jg). FRENCH, HINKEN, John R., Jr., F2*. HOBBS, Melvin J., MM3. KREIS, Clifford E., S1*. KRON, Her- Douglas O., FC3. FRENCH, Jimmy Junior, D., S1. HODGE, Howard H., RM2. man E. Jr., GM3. KRONENBERGER, Wm. M., QM3. FRITZ, Leonard A., MM3. HODGINS, Lester B., S2. HODSHIRE, John GM3. KRUEGER, Dale F., F2*. KRUEGER, FRONTINO, Vincent F., MOMM3. W., S2. HOERES, George J., S2. HOLDEN, Norman F., S2*. KRUSE, Darwin G., S2. FRORATH, Donald H., S2. FUCHS, Herman Punciano A., ST1. HOLLINGSWORTH, KRZYZEWSKI, John M., S2. KUHN, Clair J., F., CWO. FULLER, Arnold A., F2. FULTON, Jimmie L., STM2. HOLLOWAY, Andrew J., S1. KULOVITZ, Raymond J., S2. KURLICH, William C., CRMA. FUNKHOUSER, Rober S2. HOLLOWAY, Ralph H., COX. George R., FC3*. KURYLA, Michael N. Jr., M., ART2*. GABRILLO, Juan, S2*. HOODERWERF, John Jr., F1. HOOPES, Gor- COX*. KUSIAK, Alfred M., S2. GAITHER, Forest M., FC2. GALANTE, An- don H., S2*. HOPPER, Prentice W., S1. HOP- KWIATKOWSKI, Marion J., S2. LABUDA, gelo., S2*. GALBRAITH, Norman S., MM2*. PER, Roy L., AMM1. HORNER, Durward R., Arthur A., QM3. LaFONTAINE, Paul S., S1. GARDNER, Roscoe W., F2*. GARDNER, WO.*. HORR, Wesley A., F2. HORRIGAN, LAKATOS, Emil J., MM3. LAKE, Murl C.,

VerDate Aug 04 2004 14:03 Oct 02, 2004 Jkt 069102 PO 00000 Frm 00082 Fmt 0686 Sfmt 0634 E:\BR99\S25MY9.002 S25MY9 May 25, 1999 CONGRESSIONAL RECORD—SENATE 10773 S1. LAMB, Robert D., EM3. LAMBERT, Butler, III, CAPT.*. McVAY, Richard C., Y3*. PARK, David E., ENS. PAROUBEK, Richard Leonard F., S1. LANDON, William W. Jr., MEADE, Sidney H., S1. MEHLBAUM, Ray- A., Y1*. PASKET, Lyle M., S2*. PATTER- FC2. LANE, Ralph, CMMA*. LANTER, mond A., S1. MEIER, Harold E., S2. SON, Alfred T., S2. PATTERSON, Kenneth Kenley M., S1*. LaPAGLIA, Carlos, GM2*. MELICHAR, Charles H., EM3. MELVIN, Carl G., S1. PATZER, Herman L., EM1. PAULK, LaPARL, Lawrence E. Jr., S2. L., F1. MENCHEFF, Manual A., S2. MERE- Luther D., S2*. PAYNE, Edward G., S2*. LAPCZYNSKI, Edward W., S1. LARSEN, DITH, Charles E., S1*. MERGLER, Charles PAYNE, George D., S2. PENA, Santos A., Melvin R., S2. LATIGUE, Jackson, STM1. M., RDM2. MESTAS, Nestor A., WT2*. S1*. PENDER, Welburn M., F2. PEREZ, LATIMER, Billy F., S1. LATZER, Solomon, METCALF, David W., GM3. MEYER, Charles Basilio, S2*. PERKINS, Edward C., F2*. S2. LAUGHLIN, Fain H., SK3. LAWS George T., S2*. MICHAEL, Bertrand F., BKR3. MI- PERRY, Robert J., S2. PESSOLANO, Mi- E., S1*. LEATHERS, Williams B., MM3. CHAEL, Elmer O., S1. MICHNO, Arthur R., chael R., LT. PETERS, Earl J., S2. PETER- LeBARON, Robert W., S2. LeBOW, Cleatus S2. MIKESKA, Willie W., S2. MIKOLAYEK, SON, Avery C., S2*. PETERSON, DARREL A., FC03*. LEENERMAN, Arthur L., RDM3*. Joseph, COX*. MILBRODT, Glen L. S2*. E., S1. PETERSON, Frederick A., MAM3. PE- LELUIKA, Paul P., S2. LESTINA, Francis J., MILES, Theodore K., LT. MILLER, Artie R., TERSON, Glenn H., S1. PETERSON, Ralph S1. LETIZIA, Vincencio, S2. LETZ, Wilbert GM2. MILLER, George E., F1. MILLER, R., S2. PETRINCIC, John Nicholas, Jr., FC3. J., SK1. LeVALLEY, William D., EM2. Glenn E., S2. MILLER, Samuel George Jr., PEYTON, Robert C., STM1. PHILLIPS, LEVENTON, Mevin C., MM2. LeVIEUX, John FC3. Aulton N. Sr., F2. PHILLIPS, Huie H., S2*. J., F2. LEWELLEN, Thomas E., S2. LEWIS, MILLER, Walter R., S2. MILLER, Walter PIERCE, Clyde A., CWTA. PIERCE, Robert James R., F2. LEWIS, John R., GM3. LIN- W., B1. MILLER, Wilbur H., CMM. MILLS, W., S2. PIPERATA, Alfred J., MM1. PIT- DEN, Charles G., WT2. LINDSAY, Norman William H., EM3. MINER, Herbert J. II, MAN, Robert F., S2. PITTMAN, Almire, Jr., L., SF3. LINK, George C., S1. LINN, Roy, S1. RT2*. MINOR, Richard L., S1. MINOR, Rob- ST3. PLEISS, Roger D., F2. PODISH, Paul, LINVILLE, Cecil H., SF2. LINVILLE, Harry ert W., S2. MIRES, Carl E., S2. MIRICH, S2*. PODSCHUN, Clifford A., S2*. POGUE, J., S1. LIPPERT, Robert G., S1. LIPSKI, Wally M., S1. MISKOWIEC, Theodore F., S1. Herman C., S2*. POHL, Theodore, F2. Stanley W., CDR. LITTLE, Frank E., MM2. MITCHELL, James E., S2*. MITCHELL, POKRYFKA, Donald M., S2. POOR, Gerald LIVERMORE, Raymond I., S2. LOCH, Edwin James H. Jr., SK1. MITCHELL, Kenneth E., M., S2*. POORE, Albert F., S2. POTRYKUS, P, S1. LOCKWOOD, Thomas H., S2*. LOEF- S1*. MITCHELL, Norval Jerry Jr., S1*. Frank P., F2. POTTS, Dale F., S2*. POWELL, FLER, Paul E. Jr., S2. LOFTIS, James B. MITCHELL, Paul B., FC3. MICHELL, Win- Howard W., F1. POWERS, R. C. Ottis, S2. Jr., S1*. LOFTUS, Ralph D., F2. LOHR, Leo ston C., S1. MITTLER, Peter John Jr., GM3. Poynter, Raymond L., S2. PRAAY, William W., S1. LOMBARDI, Ralph, S1. LONG, Jo- MIXON, Malcom L., GM2. MLADY, Clarence T., S2. PRATHER, Clarence J., CMMA. seph W., S1. LONGWELL, Donald J., S1. C., S1*. MODESITT, Carl E., S2*. PRATT, George R., F1. PRICE, James D., LOPEZ, Daniel B., F2*. LOPEZ, Sam, S1*. MODISHER, Melvin W., MC, LTQ (jg)*. S1*. PRIESTLE, Ralph A., S2. PRIOR, Wal- LORENC, Edward R., S2. LOYD, John F., MONCRIEF, Mack D., S2. MONKS, Robert ter M., S2. PUCKETT, William C., S2. WT2. LUCAS, Robert A., S2. LUCCA, Frank B., GM3. MONTOYA, Frank E., S1. MOORE, PUPUIS, John A., S1. PURCEL, Franklin W., J., F2*. LUHMAN, Emerson D., MM3. Donald G., S2. MOORE, Elbert, S2. MOORE, S2. PURSEL, Forest V., WT2. PYRON, LUNDGREN, Albert D., S1. Luttrull, Claud Harley E., S1. MOORE, Kyle C., LCDR. Freddie H., S1. QUEALY, William C. Jr., A., COX. LUTZ, Charles H., S1. MAAS, Mel- MOORE, Wyatt P., BKR1. MORAN, Joseph PR2*. RABB, John R., SC1. RAGSDALE, vin A., S1*. MABEE, Kenneth C., F2. MACE, J., RM1*. MORGAN, Eugene S., BM2*. MOR- Jean O., S1. RAHN, Alvin W., SK3. RAINES, Harold A., S2*. MacFARLAND, Keith I., LT GAN, Glenn G., BGM3*. MORGAN, Lewis E., Clifford Junior, S2. RAINS, Rufus B., S1. RA- (jg). MACHADO, Clarence J., WT2. MACK, S2. MORGAN, Telford F., ENS. MORRIS, Al- MIREZ, Ricardo, S1*. RAMSEYER, Raymond Donald F., Bugler 1*. MADAY, Anthony F., bert O., S1*. MORSE, Kendall H., LT (jg). C., RT3. RANDOLPH, Clco, STM1. AMM1*. MADIGAN, Harry F, BM2. MORTON, Charles W., S2. MORTON, Marion RATHBONE, Wilson, S2*. RATHMAN, Frank MAGDICS, Steve Jr., F2. MAGRAY, Dwain E., SK2. MOSELEY, Morgan M., SC1*. Junior, S1. F., S. MAKAROFF, Chester J., GM3*. MOULTON, Charles C., S2. MOWREY, Ted RAWDON, John H., EM3*. REALING, Lyle MAKOWSKI, Robert T., CWTA. E., SK3*. MOYNELO, Harold C. Jr., ENS. O., FC2. REDMAYNE, Richard B., LT.*. MALDONADO, Salvador, BKR3*. MALENA, MROSZAK, Frank A., S2. REED, Thomas W., EM3. REEMTS, Alvan T., Joseph J. Jr., GM2*. MALONE, Cecil E., S2. MULDOON, John J., MM1*. MULVEY, Wil- S1. REESE, Jesse E., S2. REEVES, Chester MALONE, Elvin C., S1. MALONE, Michael L. liam R., BM1*. MURILLO, Sammy, S2. MUR- O. B., S1*. REEVES, Robert A., F2. Jr., LT (jg). MALSKI, Joseph J., S1*. PHY, Allen, S2. MURPHY, Paul J., FC3*. REGALADO, Robert H., S1. REHNER, Her- MANESS, Charles F., F2. MANKIN, Howard MUSARRA, Joseph, S1. MYERS, Charles Lee bert A., S1*. REID, Curtis F., S2*. REID, J., GM3. MANN, Clifford E., S1. MANSKER, Jr., S2. MYERS, Glen A., MM2. MYERS, James E., BM2*. REID, John, LCDR*. REID, LaVoice, S2. MANTZ, Keith H., S1. H.B., F1*. NABERS, Neal A., S2. NASPINI, Tommy L., RDM38*. REILLY, James F., Y1. MARCIULAITIS, Charles, S1. MARKMANN, Joseph A., F2*. NEAL, Charles K., S2. NEAL, REINERT, Leroy, F1. REMONDET, Edward Frederick H., WT1. MARPLE, Paul T., ENS. George M., S2. NEALE, Harlan B., S2. J. Jr., S2. REYNOLDS, Alford, GM28*. REY- MARSHALL, John L., WT2. MARSHALL, NELSEN, Edward J., GM1*. NELSON, Frank NOLDS, Andrew E., S1. REYNOLDS, Robert W., S2. MARTIN, Albert, S2. MAR- H., S2*. NEU, Hugh H., S2. NEUBAUER, Carleton C., F1. RHEA, Clifford, F2. TIN, Everett G., S1. MASSIER, George A., Richard, S2. NEUMAN, Jerome C., F1. NEV- RHODES, Vernon L., F1. RHOTEN, Roy E., S1. MASTRECOLA, Michael M., S2. MATHE- ILLE, Bobby G., S2. NEWCOMER, Lewis W., F2. RICE, Albert, STM1. RICH, Garland L., SON, Richard R., PHM3. MATRULLA, John, MM3. NEWELL, James T., EM1. NEWHALL, S1. RICHARDSON, John R., S2. RICHARD- S1. MAUNTEL, Paul J., S2. MAXWELL, James F., S1*. NICHOLS, James C., S2*. SON, Joseph G., S2. RIDER, Francis A., Farrell J., S1*. McBRIDE, Ronald G. S1. NICHOLS, Joseph L., BM2. NICHOLS, Paul RDM3. RILEY, Junior Thomas, BM2. McBRYDE, Frank E., S2. McCALL, Donald V., MM3. NIELSEN, Carl Aage Chor Jr., F1. RINEAY, Francis Henry, Jr., S28*. ROB- C., S2*. McCLAIN, Raymond B., BM2*. NIETO, Baltazar P, GM3. NIGHTINGALE, ERTS, Benjamin E., WT1. ROBERTS, Nor- McCLARY, Lester E., S2. McCLURE, David William O., MM1*. NISKANEN, John H., F2. man H., MM1*. ROBERTS, Charles, S1. L., EM2. McCOMB, Everett A., F1. McCORD, NIXON, Daniel M., S2*. NORBERG, James ROBISON, Gerald E., RT3. ROBISON, John Edward Franklin Jr., EM3. McCORKLE, Ray A., CBMP*. NORMAN, Theodore R., GM2. D., COX*. ROBISON, Marzie J., S2. ROCHE, R., S1. McCORMICK, Earl W., MOMM2. NOWAK, George J., F2. NUGENT, William Joseph M., LT. ROCKENBACH, Earl A., SC2. McCOSKEY, Paul F., S1. McCOY, John S., G., S2. NUNLEY, James P, F1. NUNLEY, ROESBERRY, Jack R., S1. ROGELL, Henry Jr., M2. McCRORY, Millard V. Jr., WT2*. Troy A., S2*. NUTT, Raymond A., S2. T., F1. ROGERS, Ralph G., RDM3*. ROGERS, McDANIEL, Johnny A., S1. McDONALD, NUTTALL, Alexander C., S1*. OBLEDO, Ross, Jr., ENS*. ROLAND, Jack A., PHM1. Franklin G. Jr., F2. McDONNER, David P. Mike G., S1*. O’BRIEN, Arthur J., S2. ROLLINS, Willard E., RM3. ROMANI, Jr., F1. McDOWELL, Robert E., S1. O’CALLAGHAN, Del R., WT2. OCHOA, Er- Frank J., HAI. ROOF, Charles W, S2. ROSE, McELROY, Clarence E., S1*. nest, FC3. Berson H., GM2. ROSS, Glen E., F2. ROTH- McFALL, Walter E., S2*. McFEE, Carl S., O’DONNELL, James E., WT3*. OLDERON, MAN, Aaron, RDM3. ROWDEN, Joseph G., Sd. McGINNIS, Paul W., SM3*. McGINTY, Bernhard G., S1. OLIJAR, John, S1*. O’NEIL, F1. ROZZANO, John, Jr., S2. RUDOMANSKI, John M., S1. McGUIGGAN, Robert M., S1*. Eugene E., S1. ORR, Homer L., HAI. ORR, Eugene W., RT2. RUE, William G., MM1. McGUIRE, Denis, S2. McGUIRK, Philip A., John Irwin, Jr., LT. ORSBURN, Frank H., RUSSELL, Robert A., S2. RUSSELL, Virgil LT (jg). McHENRY, Loren C. Jr., S1*. SSML2*. ORTIZ, Orlando R., Y3. OSBURN, M., COX*. RUST, Edwin L., S1. RUTHER- McHONE, Ollie, F1. McKEE, George E. Jr., Charles W., S2. OTT, Theodore G., Y1. FORD, Robert A., RM2. RYDZESKI, Frank S1. McKENNA, Michael J., S1. McKENZIE, OUTLAND, Felton J., S1*. OVERMAN, Thur- W., F1. SAATHOFF, Don W., S2*. SAENZ, Ernest E., S1*. McKINNON, Francis M., Y3. man D., S2*. OWEN, Keith N., SC3*. OWENS, Jose A., SC3. SAIN, Albert F., S1. SALINAS, McKISSICK, Charles B., LT (jg)*. McKLIN, Robert Sheldon, Jr., QM3. OWENSBY, Alfredo A., S1. SAMANO, Nuraldo, S2. Henry T., S1*. McLAIN, Patrick J., S2*. Clifford C., F2. PACE, Curtis, S2*. PACHECO, SAMPSON, Joseph R., S2. SAMS, Robert C., McLEAN, Douglas B., EM3. McNABB, Thom- Jose C., S2*. PAGITT, Eldon E., F2. PAIT, STM2. SANCHEZ, Alejandro V., S2. as, Jr., F2. McNICKLE, Arthur S., F1. Robert E., BM2. PALMITER, Adelore A., S2*. SANCHEZ, Fernando S., SC3*. SAND, Cyrus McQUITTY, Roy E., COX. McVAY, Charles PANE, Francis W., S2. PARHAM, Fred, ST2. H., BM1. SANDERS, Everett R., MOMM1.

VerDate Aug 04 2004 14:03 Oct 02, 2004 Jkt 069102 PO 00000 Frm 00083 Fmt 0686 Sfmt 0634 E:\BR99\S25MY9.003 S25MY9 10774 CONGRESSIONAL RECORD—SENATE May 25, 1999

SASSMAN, Gordon W., COX. SCANLAN, James F., S2. TISTHAMMER, Bernard E., ginia (Mr. ROCKEFELLER) was added as Osceola C., S2*. SCARBROUGH, Fred R., CGMA. TOCE, Nicolo, S2. TODD, Harold O., a cosponsor of S. 171, a bill to amend COX. SCHAAP, Marion J., QM1. SCHAEFER, CM3. TORRETTA, John Mickey, F1*. TOSH, the Clean Air Act to limit the con- Harry W., S2. SCHAFFER, Edward J., S1. Bill H., RDM3. TRIEMER, Ernst A., ENS. centration of sulfur in gasoline used in SCHARTON, Elmer D., S1. SCHECHTERLE, TROTTER, Arthur C., RM2. TRUDEAU, Ed- Harold J., RDM3*. SCHEIB, Albert E., F2. mond A., LT. TRUE, Roger O., S2. TRUITT, motor vehicles. SCHEWE, Alfred P., S1. SCHLATTER, Rob- Robert E., RM2. TRYON, Frederick B., S. 242 ert L., AOM3. SCHLOTTER, James R., BUG2. TULL, James A., S1. TURNER, At the request of Mr. JOHNSON, the RDM3. SCHMUECK, John A., CPHMP*. Charles M., S2*. TURNER, William C., MM2. names of the Senator from Nebraska TURNER, William H., Jr., ACMMA. SCHNAPPAUF, Harold J., SK3. SCHOOLEY, (Mr. KERREY) and the Senator from Dillard A., COX. SCHUMACHER, Arthur J., TWIBLE, Harlan M., ENS.*. Iowa (Mr. HARKIN) were added as co- Jr., CEMA. SCOGGINS, Millard, SM2. ULIBARRI, Antonio D., S2. ULLMANN, SCOTT, Burl D., STM2. SCOTT, Curtis M., Paul E., LT (jg). UMENHOFFER, Lyle E., sponsors of S. 242, a bill to amend the S1. SCOTT, Hilliard, STM 1. SEABERT, S1*. UNDERWOOD, Carey L., S1. UNDER- Federal Meat Inspection Act to require Clarke W., S2*. SEBASTIAN, Clifford H., WOOD, Ralph E., S1*. VAN METER, Joseph the labeling of imported meat and RM2. SEDIVI, Alfred J., PHOM2. SELBACH, W., WT3*. WAKEFIELD, James N., S1. meat food products. WALKER, A.W., STM1. WALKER, Jack E., Walter H., WT2. SELL, Ernest F., EM2. S. 327 SELLERS, Leonard E., SF3. SELMAN, RM2. WALKER, Verner B., F2*. WALLACE, At the request of Mr. HAGEL, the Amos, S2. SETCHFIELD, Arthur L., COX*. Earl J., RDM3. WALLACE, John, RDM3. SEWELL, Loris E., S2. SHAFFER, Robert P., WALTERS, Donald H., F1. WARREN, Wil- name of the Senator from North Da- GM3*. SHAND, Kenneth W., WT2. SHARP, liam R., RT3. WATERS, Jack L., CYA. WAT- kota (Mr. CONRAD) was added as a co- William H., S2*. SHAW, Calvin P., GM2. SON, Winston H., F2. WELLS, Charles O., sponsor of S. 327, a bill to exempt agri- SHEARER, Harold J., S2*. SHELTON, Wil- S1*. WELLS, Gerald Lloyd, EM3. cultural products, medicines, and med- liam E. Jr., SM2. SHIELDS, Cecil N., SM2. WENNERHOLM, Wayne L, COX. WENZEL, ical products from U.S. economic sanc- Ray G., RT3. WHALEN, Stuart D., GM2. SHIPMAN, Robert L., GM3. SHOWN, Donald tions. H., CFC*. SHOWS, Audie B., COX*. SIKES, WHALLON, Louis E, Jr., LT (jg). WHITE, S. 455 Theodore A., ENS. SILCOX, Burnice R., S1. Earl C., TC1. WHITE, Howard M., CWTP. SILVA, Phillip G., S1. SIMCOX, Gordon, W., WHITING, George A., F2*. WHITMAN, Rob- At the request of Mr. DURBIN, the EM3. SIMCOX, John A., F1. SIMPSON, Wil- ert T., LT. WILCOX, Lindsey Z., WT2* name of the Senator from Illinois (Mr. WILEMAN, Roy W., PHM3. WILLARD, liam E., BM2,*. SIMS, Clarence, CK2. SIN- FITZGERALD) was added as a cosponsor Merrirnan D., PHM2. WILLIAMS, Billie J., CLAIR, J. Ray, S2*. SINGERMAN, David, of S. 455, a bill to amend the Immigra- MM2. WILLIAMS, Magellan, STM1. WIL- SM2. SIPES, John L., S1. SITEK, Henry J., LIAMS, Robert L., WO. WILSON, Frank, F2. tion and Nationality Act with respect S2*. SITZLAR, William C., F1. SLADEK, WILSON, Thomas B., S1. WISNIEWSKI, to the requirements for the admission Wayne L, BM1*. SLANKARD, Jack C., S1*. Stanley, F2*. WITMER, Milton R., EM2. of nonimmigrant nurses who will prac- SMALLEY, Howard E., S1. SMELTZER, WITZIG, Robert M., FC3*. Charles H., S2*. SMERAGLIA, Michael, RM3. tice in health professional shortage WOJCIECHOWSKI, Maryian J., GM2. SMITH, Carl M., SM2. SMITH, Charles A., areas. WOLFE, Floyd R., GM3. WOODS, Leonard T., S1. SMITH, Cozell Lee, Jr., COX*. SMITH, S. 459 CWO. WOOLSTON, John, ENS.*. YEAPLE, Edwin L., S2. SMITH, Eugene G., BM2. Jack T., Y3. ZINK, Charles W., EM2*. At the request of Mr. BREAUX, the SMITH, Frederick C., F2*. SMITH, George ZOBAL, Francis J., S2. names of the Senator from Michigan R., S1. SMITH, Guy N., FC2. SMITH, Henry (Mr. LEVIN) and the Senator from Indi- A., F1. SMITH, Homer L., F2. SMITH, James MARINE DETACHMENT ana (Mr. BAYH) were added as cospon- W., S2*. SMITH, Kenneth D., S2. SMITH, BRINKER, David A., PFC. BROWN, Orlo Olen E., CM3. SNYDER, John N., SF2. SNY- N., PFC. BUSH, John R., PVT. CROMLING, sors of S. 459, a bill to amend the Inter- DER, Richard R., S1. SOLOMON, William, Charles J., Jr., PLTSGT. DAVIS, William H., nal Revenue Code of 1986 to increase Jr., S2. SORDIA, Ralph, S2. SOSPIZIO, PFC. DUPECK, Albert Jr., PFC. the State ceiling on private activity Andre, EM3*. SPARKS, Charles B., COX. GREENWALD, Jacob, 1st SGT*. GRIMM, bonds. Loren E., PFC. HANCOCK, Thomas A., PFC. SPEER, Lowell E., RT3. SPENCER, Daniel S. 472 F., S1*. SPENCER, James D., LT. SPENCER, HARRELL, Edgar A., CPL*. HOLLAND, At the request of Mr. GRASSLEY, the Roger, S1*. SPECNER, Sidney A., WO. SPIN- John F. Jr., PFC. HUBBARD, Gordon R., DLE, Orval A., S1. SPINELLI, John A., SC2*. PFC. HUBBRD, Leland R., PFC. HUGHES, name of the Senator from West Vir- SPOMER, Elmer 3., SF2. St. PIERRE, Leslie Max M., PFC*. JACOB, Melvin C., PFC* ginia (Mr. BYRD) was added as a co- R., MM2. STADLER, Robert H., WT3. KENWORTHY, Glenn W, CPL. KIRCHNER, sponsor of S. 472, a bill to amend title STAMM, Florian M., S2*. STANFORTH, John H., PVT. LARSEN, Harlan D., PFC. XVIII of the Social Security Act to David E., F2. STANKOWSKI, Archie J., S2. LEES, Henry W., PFC. MARTTILA, Howard W., PVT. McCOY, Giles G., PFC*. MES- provide certain medicare beneficiaries STANTURF, Frederick R., MM2. SENGER, Leonard J., PFC. MUNSON, Bryan with an exemption to the financial lim- STEIGERWALD, Fred, GM2. STEPHENS, C., PFC. MURPHY, Charles T., PFC. NEAL, itations imposed on physical, speech- Richard P., S2*. STEVENS, George G., WT2*. William F., PFC. PARKE, Edward L., CAPT. language pathology, and occupational STEVENS, Wayne A., MM2. STEWART, REDD, Robert F., PVT. REINOLD, George, Glenn W., CFCP*. STEWART, Thomas A., therapy services under part B of the H., PFC. RICH, Raymond A., RIGGINS, Earl, SK2. STICKLEY, Charles B. GM3. STIER, medicare program, and for other pur- PVT*. ROSE, Francis E., PFC. SPINO, Frank William G., S1. STIMSON, David, ENS. poses. J., PFC. SPOONER, Miles L., PVT*. STONE, Dale E., S2. STONE, Homer B., Y1. STAUFFER, Edward H., 1st LT. S. 495 STOUT, Kenneth I., LCDR. STRAIN, Joseph STRAUGHN, Howard V. Jr., CPL. At the request of Mr. BOND, the M., S2. STREICH, Allen C., RM2*. THOMSEN, Arthur A., PFC. TRACY, Rich- names of the Senator from Kentucky STICKLAND, George T., S2. ard I. Jr., SGT. UFFELMAN, Paul R. PFC*. STRIETER, Robert C., S2. STRIPE, Wil- (Mr. BUNNING) and the Senator from WYCH, Robert A. PFC. liam S., S2. STROM, Donald A., S2. Florida (Mr. MACK) were added as co- * Indicates a survivor. STROMKO, Joseph A., F2. STRYFFELER, sponsors of S. 495, a bill to amend the Virgil L., F2. STUECKLE, Robert L., S2. f Clean Air Act to repeal the highway STURTEVANT, Elwyn L., RM2*. SUDANO, ADDITIONAL COSPONSORS sanctions. Angelo A., SSML3. SUHR, Jerome R., S2. S. 506 SULLIVAN, James P., S2. SULLIVAN, Wil- S. 42 liam D., PTR2. SUTER, Frnak E., S1*. At the request of Mr. HELMS, the At the request of Mrs. MURRAY, her SWANSON, Robert H., MM2. SWART, Robert name of the Senator from Oklahoma name was added as a cosponsor of S. L., LT (jg). SWINDELL, Jerome H., F2. (Mr. NICKLES) was added as a cosponsor 506, a bill to amend the Internal Rev- TAGGART, Thomas H., S1. TALLEY, Dewell of S. 42, a bill to amend title X of the enue Code of 1986 to permanently ex- E., RM2. TAWATER, Charles H., F1*. Public Health Service Act to permit tend the provisions which allow non- TEERLINK, David S., CWO. TELFORD, Arno family planning projects to offer adop- refundable personal credits to be fully J., RT3. TERRY, Robert W., S1. THELEN, allowed against regular tax liability. Richard P., S2*. THIELSCHER, Robert T., tion services. CRTP. THOMAS, Ivan M., S1*. THOMPSON, S. 171 S. 512 David A., EM3*. THORPE, Everett N., WT3. At the request of Mr. MOYNIHAN, the At the request of Mr. GORTON, the THURKETTLE, William C., S2*. TIDWELL, name of the Senator from West Vir- name of the Senator from Rhode Island

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