E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 106 CONGRESS, SECOND SESSION

Vol. 146 WASHINGTON, TUESDAY, JUNE 6, 2000 No. 68 Senate The Senate met at 10 a.m. and was MORNING BUSINESS the minimum wage, and the juvenile called to order by the President pro The PRESIDING OFFICER. Under justice bill. tempore [Mr. THURMOND]. the previous order, there will now be a A number of these matters have been languishing, waiting for the conference PRAYER period for the transaction of morning business, not to extend beyond the committees to act. We have all had our The Chaplain, Dr. Lloyd John hour of 12:30 p.m., with Senators per- time at home, and we are ready to go. Ogilvie, offered the following prayer: mitted to speak for up to 5 minutes We hope we can move forward, I repeat, Gracious God, yesterday was the each. with the appropriations bills and these eighty-first anniversary of the passage The Senator from Idaho is recog- matters I have outlined. of the nineteenth amendment estab- nized. f lishing women’s suffrage. Thank You for the heroines of our heritage as we f BUILDING A BIPARTISAN celebrate progress in the rights of SCHEDULE COMPROMISE women in our society. We thank You Mr. CRAIG. Mr. President, today the Mr. CRAIG. Mr. President, I cer- for the impact of women on American Senate will be in a period of morning tainly concur with my colleague that I history. We praise You for our founding business, as the Chair has mentioned, hope we can move forward on these Pilgrim foremothers and the role they until 12:30 p.m., with Senator DURBIN critical issues. We are now working served in establishing our Nation, for and Senator THOMAS in control of 1 hard at accomplishing some of those the strategic role of women in the bat- hour each. efforts. As he mentioned, the con- tle for independence, for the incredible Following morning business, the Sen- ference on the Patients’ Bill of Rights courage of women who helped push ate will recess for the weekly party is at work. We hope we can build a bi- back the frontier, for the suffragettes conferences. As a reminder, the official partisan compromise as necessary to who fought for the right to vote and Senate picture will be taken at 2:15 produce that kind of program and law the place of women in our society, for p.m. today. I encourage my colleagues and protection for the American con- the dynamic women who have given to be prompt in an attempt to com- sumers of health care. crucial leadership in each period of our plete the photo in a timely manner. There is a great deal of work to be history. When the Senate reconvenes, it is done. I hope we can come together in a Today, Gracious God, we give You hoped the Senate can begin consider- united and bipartisan way to resolve thanks for the women who serve here ation of the Department of Defense au- some of these issues, to move the ap- in the Senate: for the outstanding thorization bill. Senators who intend propriations bills forward, to make women Senators, for the women who to offer amendments to this important sure we complete our business in a serve as officers and in strategic posi- legislation are encouraged to keep timely manner. tions in the ongoing work of the Sen- their amendments germane in an effort Of course, I understand, as I think ate, and for the many women through- to complete action on the bill prior to my colleague from Nevada under- out the Senate family who glorify You the end of the week. stands, that is going to take coopera- by their loyalty and excellence. I thank my colleagues. tion from both sides. Tragically, and In Your holy name we pray. Amen. The PRESIDING OFFICER. The as- sadly, we got into a bit of a nonproduc- f sistant minority leader is recognized. tive period prior to the Memorial Day PLEDGE OF ALLEGIANCE f recess. I hope the recess has cleared the air and we can come back in a produc- The Honorable GEORGE V. VOINOVICH, ITEMS TO ACCOMPLISH BEFORE tive way. a Senator from the State of Ohio, led THE JULY 4 RECESS the Pledge of Allegiance, as follows: f Mr. REID. Mr. President, I look for- I pledge allegiance to the Flag of the ward to this period of time prior to the MEASURES PLACED ON THE United States of America, and to the Repub- CALENDAR—S. 2645 AND H.R. 3244 lic for which it stands, one nation under God, July 4 recess, as does the entire minor- indivisible, with liberty and justice for all. ity. We are hopeful we can make Mr. CRAIG. Mr. President, I under- f progress on the appropriations bills, stand there are two bills at the desk which certainly need to be accom- due for their second reading. RESERVATION OF LEADER TIME plished. Also, I hope there will be an The PRESIDING OFFICER. The The PRESIDING OFFICER (Mr. opportunity to do something about the clerk will read the bills by title. VOINOVICH). Under the previous order, Patients’ Bill of Rights, prescription The assistant legislative clerk read the leadership time is reserved. drugs; that we can complete work on as follows:

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

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VerDate Mar 15 2010 22:45 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06JN0.REC S06JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4508 CONGRESSIONAL RECORD — SENATE June 6, 2000 A bill (S. 2645) to provide for the applica- In the early hours of a Saturday of the individual against the might of tion of certain measures to the People’s Re- morning, when most Americans will be the state. The fourth amendment pro- public of China in response to the illegal sleeping, Federal authorities will strap tects: ‘‘The right of the people to be se- sale, transfer, or misuse of certain controlled Mr. Garza to a gurney at a new Federal cure in their persons, houses, papers, goods, services, or technology, and for other purposes. facility in Terre Haute, Indiana. They and effects, against unreasonable A bill (H.R. 3244) to combat trafficking of will put the needle in his vein. And searches and seizures. . . .’’ The fifth persons, especially into sex trade, slavery, they will deliver an injection that will amendment protects against being ‘‘de- and slavery-like conditions in the United kill him. prived of life, liberty, or property, States and countries around the world Mr. President, I rise today to invite without due process of law. . . .’’ The through prevention, through prosecution and my colleagues to consider the wisdom sixth amendment guarantees that ‘‘the enforcement against the traffickers, and of this action. accused shall enjoy the right . . . to through protection and assistance to victims More and more Americans, including of trafficking. have the assistance of counsel for his prosecutors, police, and those fighting defense.’’ And the eighth amendment Mr. CRAIG. Mr. President, I object to on the front lines of the battle against prohibits ‘‘cruel and unusual punish- further proceeding on these bills at crime, are rethinking the fairness, the ments.’’ this time. efficacy, and the freedom from error of Our system of government is deeply The PRESIDING OFFICER. Under the death penalty. Senator LEAHY, a grounded in the defense of the indi- the rule, the bills will be placed on the former federal prosecutor, has intro- vidual against the power of the govern- calendar. duced the Innocence Protection Act, of ment. Our Nation has a proud tradition The Senator from South Carolina is which I am proud to be a cosponsor. of safeguarding the rights of its citi- recognized. Congressman DELAHUNT and Congress- zens. (The remarks of Mr. THURMOND and man LAHOOD have introduced the same But more and more, we are finding Mr. DURBIN pertaining to the introduc- bill in the House. Congressman DELA- that when a person’s very life is at tion of S.J. Res. 46 are located in to- HUNT, also a former prosecutor, is con- stake, our system of justice is failing day’s RECORD under ‘‘Statements on In- cerned that our current system of ad- to live up to the standards that the troduced Bills and Joint Resolution.’’) ministering the death penalty is far American people demand and expect. The PRESIDING OFFICER. Under from just. He has said: ‘‘If you spent 20 More and more, Americans are finding the previous order, the time until 11 years in the criminal justice system, reason to believe that we have a justice a.m. is under the control of the Sen- you would be very concerned about system that can, and does, make mis- ator from Illinois, Mr. DURBIN, or his what goes on.’’ takes. designee. In my own home state of Wisconsin, Americans’ sense of justice demands Mr. GREGG addressed the Chair. that if new evidence becomes available The PRESIDING OFFICER. The Sen- at least eleven active and former state that could shed light on the guilt or in- ator from New Hampshire is recog- and Federal prosecutors have said that nocence of a defendant, then the de- nized. executions do not deter crime and Mr. GREGG. Mr. President, I ask could result in executing the innocent. fendant should be given the oppor- unanimous consent that at 12 o’clock I Michael McCann, the well-respected tunity to present it. Unfortunately, ap- be allowed to speak for 15 minutes in District Attorney of Milwaukee Coun- parently, the people of New York and morning business. ty, has said that prosecution is a Illinois are the only ones who under- The PRESIDING OFFICER. Without human enterprise bound to have mis- stand this. They have enacted laws al- objection, it is so ordered. takes. lowing convicted offenders access to Mr. REID. Mr. President, I ask unan- Mr. President, police—the people on the biological evidence used at trial imous consent that the time between the front lines of the battle against and modern DNA testing. 12:15 and 12:30 be reserved for myself. crime—are coming out against the If you are on death row in a state The PRESIDING OFFICER. Without death penalty. They are finding that it other than Illinois or New York, you objection, it is so ordered. is bad for law enforcement. Recently, might be able to show a court evidence Mr. DURBIN. Mr. President, I yield when police chiefs were asked about of your guilt or innocence based on new to the Senator from Wisconsin. the death penalty, they said that it was DNA tests. But your ability to do so The PRESIDING OFFICER. The Sen- counterproductive. Capital cases are rests on whether you’re lucky enough ator from Wisconsin. incredibly resource-intensive. They do to get a prosecutor to agree to the test Mr. FEINGOLD. Thank you, Mr. not yield a reduction in crime propor- or convince a court that it should be President. I thank the Senator from Il- tional to other, more moderate law-en- done. Or, as we have seen very re- linois. forcement activities. cently, your ability to show your inno- f A former police chief of Madison, cence may rest with the decision of the Wisconsin, for example, has said that governor. And that raises the risk of a THE NEED FOR A MORATORIUM he fears that the death penalty would political decision, not necessarily one ON EXECUTIONS make police officers’ jobs more dan- that is based solely on fairness or jus- Mr. FEINGOLD. Mr. President, the gerous, not less so. He expressed con- tice. Federal Government has not executed cern that a suspect’s incentive to sur- Mr. President, I am not surprised a person in the name of people of the render peacefully is diminished when that both Texas Governor George Bush United States of America since 1963. the government has plans to execute. and Virginia Governor James Gilmore For 37 years, we as a people have not Ours is a system of justice founded are no longer confident that every pris- taken that fateful, irreversible step. I on fairness and due process. The Fram- oner on death row in their states is rise today because all that is appar- ers of our democracy had a healthy dis- guilty and has had full access to the ently about to change. trust for the power of the state when courts. Allowing death row inmates the Since January, I have come to the arrayed against the individual. Many benefit of a modern DNA test is the Senate floor several times to urge my of the lawyers in the early United fair and just thing to do. But scores of colleagues to support a moratorium on States of America had on their shelf a other death row inmates, in Texas, in executions and a review of the adminis- copy of William Blackstone’s Com- Virginia, and around the country, may tration of capital punishment. Mr. mentaries on the Laws of England, also have evidence exonerating them. President, the need for that morato- where it is written: ‘‘For the law holds, They may have DNA evidence. Or they rium has now become more urgent. that it is better that ten guilty persons may have other exonerating evidence. During the Senate recess just ended, escape, than that one innocent suffer.’’ We must ensure that all inmates with a Federal judge in Texas set a date for And Benjamin Franklin wrote, ‘‘That meritorious claims of innocence have the execution of Juan Raul Garza. In it is better 100 guilty Persons should their day in court. But, among prob- only two months, on August 5, he could escape than that one innocent Person lems in our criminal justice system, become the first prisoner that the Fed- should suffer. . . .’’ the lack of full access to DNA testing eral Government has put to death since Our Constitution and Bill of Rights is, unfortunately, just the tip of the 1963. reflect this concern for the protection iceberg.

VerDate Mar 15 2010 22:45 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06JN0.REC S06JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 6, 2000 CONGRESSIONAL RECORD — SENATE S4509 Americans’ sense of justice demands nesses.’’ Three jurors noted he did most wrote that conservatives, especially, fair representation and adequate coun- of his nodding off in the afternoon, fol- should be concerned. George Will sel. In the landmark 1963 case of Gid- lowing lunch. Burdine’s appellate at- wrote: ‘‘Capital punishment, like the eon v. Wainwright, the Supreme Court torneys contend that highly incrimi- rest of the criminal justice system, is a held that ‘‘in our adversary system of nating hearsay testimony was intro- government program, so skepticism is criminal justice, any person haled into duced and reached the jury because the in order.’’ court, who is too poor to hire a lawyer, attorney was sleeping. In 1995, the When we do not exercise that skep- cannot be assured a fair trial unless Texas Court of Criminal Appeals re- ticism, when we rush to execute with counsel is provided for him.’’ The Court jected his claim of ineffective assist- ever growing speed, we contribute to, in Gideon wrote: ance. Burdine’s case is now before the rather than detract from, a culture of From the very beginning, our state and na- U.S. Court of Appeals for the Fifth Cir- violence. It deprives us of the greatness tional constitutions and laws have laid great cuit. that is America. We are better than emphasis on procedural and substantive safe- As Texas State Senator Rodney Ellis this. guards designed to assure fair trials before said of the Burdine case on ABC’s This And so, Mr. President, the time has impartial tribunals in which every defendant come to pause. That is why today, in stands equal before the law. This noble ideal Week this past Sunday, ‘‘That is a na- cannot be realized if the poor man charged tional embarrassment.’’ Incredulously, the light of the scheduling of the first with crime has to face his accusers without Senator Ellis lamented: ‘‘[T]he Texas Federal execution in almost 40 years, a lawyer to assist him. Court of Criminal Appeals ruled appar- and in light of the growing awareness And, in cases since then, for example ently that you can be Rip Van Winkle that there are fundamental flaws in the 1988 case of McCoy v. Court of Ap- and still be a pretty good attorney.’’ our system of justice, I urge my Col- peals, the Supreme Court has ruled Two years after his death, lawyer Joe leagues to join me in the National that: ‘‘It is . . . settled law that an indi- Cannon remains a courthouse legend. Death Penalty Moratorium Act, which gent defendant has the same right to In a span of about 10 years, twelve of I introduced along with Senators LEVIN effective representation by an active his indigent clients went to death row. and WELLSTONE. advocate as a defendant who can afford Americans’ sense of justice demands This bill is a common sense, modest to retain counsel of his or her choice.’’ that the poor, as well as the rich, proposal. It merely calls a temporary But, Mr. President, more and more, should get their day in court. Even halt to executions while a national, we are finding counsel that fail the death penalty supporters like Reverend blue ribbon commission thoroughly ex- standard of adequacy. Drunk lawyers. Pat Robertson recognize that this ulti- amines the administration of capital Sleeping lawyers. Lawyers who never mate punishment appears reserved for punishment. The bill simply calls for a cross-examined. Lawyers whose first the poor. pause and a study. That is not too trial is a trial where the client’s life is The machinery of death is badly bro- much to ask, when the lives of inno- on the line. Lawyers who have been ken. Since the 1970s, 87 people sitting cent people hang in the balance. subsequently disbarred. on death row were later proven inno- When an airplane careens off a run- We would never allow a podiatrist to cent. That means that for every seven way, the Federal government steps in perform heart surgery. And we would executions, we’ve found one person in- to review what went wrong. This Na- never allow a surgeon to perform sur- nocent. But remember, this is after tion’s system of capital punishment gery while drunk, or to fall asleep dur- they were on death row. Eight of the 87 has veered seriously off-course. It is ing surgery. But courts, over and over people later proven innocent relied on now clear that it is replete with errors. again, have upheld convictions where modern DNA testing to prove their in- The time has come to pause and the defendants’ lawyers were not quali- nocence. But access to DNA testing study what is wrong. The time has fied to represent them, slept through plainly tells only a small part of the come to pause and ensure that our sys- trial, or were drunk in court. story of the mistakes in our criminal tem is fair and just. Take the case of the lawyer Joe Can- justice system. The remaining 79 inno- Our American tradition of fairness non. In 1979, one Mr. Carl Johnson was cent people gained their release based and due process demands it. Reverence convicted of murder and sent to death on other kinds of evidence—evidence for our democracy’s protection of the row by a Texas state court. During like recanted witness testimony. individual against the state compels as trial, his lead counsel, Joe Cannon, was Sometimes, it is evidence that an in- much. The American people’s love of often asleep. Cannon’s co-counsel, Phil- effective attorney fails to introduce at justice deserves no less. ip Scardino, was two years out of law trial. Take the case of Gregory Wilhoit. Mr. DURBIN. Mr. President, I com- school and recalls the whole experience In 1987, an Oklahoma court sentenced mend my colleague from the State of as ‘‘frightening.’’ He said, ‘‘All I could Wilhoit to die for the murder of his es- Wisconsin. He is a person of principle. do was nudge him sometimes and try tranged wife. The key evidence for the He comes to the floor of the Senate and to wake him up.’’ Johnson’s appellate prosecution was expert testimony that reminds Members, whether in support attorney, David Dow, said the trial a bite mark on the victim matched of or in opposition to the death pen- transcript gives the impression that Wilhoit’s. The defense never called an alty, it is fundamental to the American there was no one in the courtroom de- expert to challenge the prosecution’s system of justice that we insist on fair- fending Johnson. It ‘‘goes on for pages dental expert. The court of appeals ness. and pages, and there is not a whisper granted a new trial, recognizing that In my State of Illinois, some 13 peo- from anyone representing him.’’ Mr. Wilhoit had ineffective legal represen- ple who were on death row preparing to Johnson was executed in 1995, the 12th tation. The appellate court noted that be executed by the State of Illinois execution under Governor Bush’s his counsel was ‘‘suffering from alcohol were found by scientific testing to be watch. dependence and abuse, and brain dam- innocent and were released. Because of Now as ‘‘frightening’’ as this sounds, age during his representation.’’ Wilhoit that, the Governor of our State, a Re- the same attorney continued to work describes his former attorney as ‘‘a publican, George Ryan, made what I capital cases. drunk’’ and recalls several occasions consider to be an important and coura- Like the majority of inmates on when the attorney threw up in the geous decision. He suspended the death Texas’ death row, Calvin Burdine could judge’s chambers. After spending six penalty in my home State of Illinois. not afford an attorney, so the court years on death row, Wilhoit was exon- The Senator from Wisconsin, Mr. paid a lawyer to represent him, and erated after 11 experts—11 experts—tes- FEINGOLD, reminds Members that the that lawyer again was Joe Cannon. tified that the teeth marks did not experience in Illinois is not unique. In Five years after Johnson’s trial, and match. State after State, we have found people this time without co-counsel, Cannon Mr. President, I hate to say it, but who have been called to justice and represented Burdine, and again slept this is the worst of government gone have received virtually no representa- through crucial moments of the trial. amok. People understand that the gov- tion before the court of law. In the The clerk for the trial judge said Can- ernment can make mistakes in other most serious possible cases under our non ‘‘was asleep for long periods of areas. They can only expect as much system of justice, these men have been time during the questioning of wit- here. Columnist George Will recently sentenced to death. In many cases,

VerDate Mar 15 2010 22:45 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06JN0.REC S06JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4510 CONGRESSIONAL RECORD — SENATE June 6, 2000 that sentence was carried out with in- it will not turn out to be the one with should be able to buy a gun with no adequate defense and representation. the worst problem in this area. questions asked. That is just fun- For example, I think the decision by The other States need to join it on damentally unfair and ignorant. That Governor Bush of Texas to at least sus- this, the Federal Government needs to position prevailed in the House of Rep- pend the execution of an individual for join, and I compliment your State, as I resentatives. The matter went to a 30 days while DNA testing is underway did in my earlier remarks, as being one conference committee where it has lan- is a thoughtful decision. I commend of the only two States to recognize the guished ever since. him for that. The State of Texas, I be- right to have guaranteed DNA testing. Since Columbine High School, thou- lieve, leads the Nation in the number f sands of Americans have been killed by of executions, and the State of Texas LEGISLATIVE AGENDA gunfire. Until we act, Democrats in the has no public defender system. So in Senate will, each day, read the names the State of Texas, if you are a crimi- Mr. DURBIN. Mr. President, in the of some, just some, who lost their lives nal defendant facing a capital crime time that remains in morning business, to gun violence in the past year and which could result in execution, it is which I will share with my colleague will continue to do so every day the literally a gamble, a crapshoot as to from California, we will address several Senate is in session. the person who will represent you to of the issues which still remain before In the names of those who died, we defend your life. this session of Congress. Many of us are will continue this fight, and in the In cases that have been cited by Sen- just returning from a Memorial Day names of their families who still grieve break which we spent with our families ator FEINGOLD, some of the most in- their losses, we will continue to re- competent attorneys in America have back in our States, trying to acquaint member these victims of gun violence. been assigned this responsibility. In ourselves with the concerns of people Following are the names of some of our State of Illinois, we found these at- and the concerns about issues we face the people who were killed by gunfire 1 torneys to be not well versed in law; we here in Washington. year ago today, on June 6, 1999, at a One of the concerns in the State of Il- found them to be lazy; we found them time after the Senate passed gun safety linois and in the city of Chicago con- to be derelict in their duty, and in legislation: tinues to be gun violence. This is still Earnest Barnes, 38, Atlanta, GA; some cases, a person’s life was at a phenomenon which is almost unique- Quentin A. Brown, 29, Chicago, IL; Dex- stake. ly American and which is tragic in its Again, I commend my colleague from ter J. Caruthers, 46, Gary, IN; George proportion. To think we lose 12 or 13 the State of Wisconsin for his state- Cook, 19, Minneapolis, MN; Don Fer- children every day to gun violence, guson, 80, Oakland, CA; Juan J. ment. It is a reminder to all, whether that is a sad reminder of what hap- we support the death penalty—as I do— pened at Columbine High School in Gonzales, 28, Oklahoma City, OK; Mark or we oppose it, that we in this country Littleton, CO, a little over a year ago, S. Hansher, 33, Madison, WI; Joseph believe in a system that is based on when some 13 students were killed at Jainski, 34, Philadelphia, PA; Maurice fairness and justice. that school. It is merely one instance Lewis, 29, Philadelphia, PA; Donald I have introduced legislation to give of a situation which repeats itself Norrod, 67, Akron, OH; Allen Ringgold, to all Federal prisoners who were sub- every single day. 23, Baltimore, MD; Lawanza Robertson, jected to capital punishment the same It has been more than a year since 18, Detroit, MI; Agapito Rodriquez, 32, right for DNA testing that exists in my that tragedy, but still this Congress re- Dallas, TX; Jonathan Shields, 31, State of Illinois. There are similar bills fuses to act on sensible gun safety leg- Washington, DC; Clarence Veasley, 44, introduced by my colleagues. I hope islation. I remind those who are fol- St. Louis, MO; Kirk Watkins, Detroit, that all, conservative and liberals lowing this debate, the proposal for MI. alike, Democrats and Republicans, will this gun safety legislation is hardly In addition, since the Senate was not at least adhere to the basic standard of radical. If people are going to buy a in session this year from May 26 to justice when it comes to cases of this gun from a gun dealer in America, they June 5, I ask unanimous consent the seriousness and this magnitude. are subjected to a background check. names be printed in the RECORD of Mr. FEINGOLD. Will the Senator We want to know if they are criminals. some of those who were killed by gun- yield? We want to know if they have a history fire last year on the days from May 26 Mr. DURBIN. I am happy to yield to of violent crime or violent mental ill- through June 5: the Senator. ness or if they are too young to buy a There being no objection, the mate- Mr. FEINGOLD. I thank the Senator gun—basic questions. I understand rial was ordered to be printed in the and take my hat off to him and to our that, as of last year, over 250,000 would- RECORD, as follows: neighbor to the south, the State of Illi- be purchasers of guns were denied that MAY 26, 1999 nois. Without the leadership of Illinois, opportunity as a result of a simple Demarcus Clark, 22, Atlanta, GA. which had the courage to admit that it background check. Delmar Guyton, 23, Detroit, MI. had a problem, this entire issue would Did they turn around and buy a gun Shawn Timothy Hamilton, 35, Washington, not be receiving the kind of examina- on the street? It is possible. But we DC. tion occurring across the country. should not make it easy for them. It James Johnson, 24, Denver, CO. That is to the Senator’s credit, to that should not be automatic. In fact, I hope William Partlow, 26, Charlotte, NC. of the Governor, and to all the people in many instances, having been denied Shayne Worcester, San Francisco, CA. of your State. at a gun dealer, they could not find a MAY 27, 1999 The bill I have introduced is modeled gun nor should they have been able to. Steve T. Fleming, 27, New Orleans, LA. exactly after the pattern followed in Il- We believe applying the same standard Bruce Harvard, 19, Pittsburgh, PA. Kewan McKinnie, 19, Detroit, MI. linois; that is, the calling of a morato- of gun safety legislation to gun shows rium by a Governor who is, or at least Victorria Moore, 41, San Antonio, TX. just makes common sense. Bobby Piggle, 39, Kansas City, MO. has been, a death penalty supporter, So that is part of the gun safety leg- Ramona Richins, 47, Salt Lake City, UT. and then the appointing of a very dis- islation we passed in the Senate by a Kevin Sellers, 25, Baltimore, MD. tinguished blue-ribbon commission, in- vote of 49–49, and a tie-breaking vote Termell Wollen, 31, Detroit, MI. cluding our former wonderful col- was cast by Vice President AL GORE. Unidentified male, 24, Norfolk, VA. league, Paul Simon, and including both That bill left the Senate over 8 months Unidentified male, 25, Norfolk, VA. pro- and anti-death penalty people. ago, went over to the House of Rep- MAY 28, 1999 Under Illinois’ leadership, there will resentatives where it was emasculated Raymond Adams, 30, Philadelphia, PA. be this kind of pause and examination by the gun lobby, where the National Carrillo Ambbrocio, 32, Houston, TX. that is open to people of any view on Rifle Association would not accept the Luz Balbona, 59, Miami-Dade County, FL. the death penalty, to simply make sure Jimmy Cottingham, 30, Washington, DC. basic idea that we should check on the Armando Garcia, 16, San Bernardino, CA. that system is fixed. backgrounds of people who buy guns at Ignacio Gonzalez, Sr., 42, Chicago, IL. As the Senator pointed out, Illinois gun shows. Terrell Hatfield, 21, Seattle, WA. could not possibly be the only State The National Rifle Association be- Donnell Holmes, 25, Miami-Dade County, that has this problem. In fact, I predict lieves those who go into gun shows FL.

VerDate Mar 15 2010 22:45 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06JN0.REC S06JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 6, 2000 CONGRESSIONAL RECORD — SENATE S4511 Jose Reyes, 18, Hempstead, NY. Scott Hughes, 24, Dallas, TX. I want to engage my friend in a little Angela Yglesias, 18, Detroit, MI. Samuel C. Johnson, 51, Seattle, WA. colloquy. While we were gone last MAY 29, 1999 Chang Dae Kim, Detroit, MI. week, there were two horrific stories, Rodney Nelson, 17, Detroit, MI. David D. Adams, 36, New Orleans, LA. Sammy Tate, 35, Chicago, IL. just two that made the national news. Michael Cal Andretti, 29, St. Paul, MN. Mario Wright, 19, Philadelphia, PA. God knows there were more. William Berry, 56, Philadelphia, PA. One of them involved a student who JUNE 4, 1999 Vincent Domingeuez, 42, Louisville, KY. was acting out on the last day of Recardo Aguilar, 23, Pittsburgh, PA. Alayito Finney, 30, Detroit, MI. school. He was throwing water bal- Bruce Goldberg, 39, Philadelphia, PA. Donald Carver, 43, Toledo, OH. Joseph Jenkins, 22, Charleston, SC. Carlos Casaway, 23, Detroit, MI. loons. And the teacher said: Listen, Dil Kahn, 57, Houston, TX. Christopher Earl, 26, Knoxville, TN. you are just going to have to leave Roberto Lauret, 30, Miami-Dade County, Fitzroy Farguharson, 35, Miami-Dade school. You don’t belong here. We don’t FL. County, FL. have tolerance for this kind of behav- Craig Nelson, 34, Philadelphia, PA. Al Jenkins, 28, Oakland, CA. ior. Gregory Ramseth, 33, Seattle, WA. Derek D. Miller, 24, Memphis, TN. The child left school, went home; he Cesar Quevedo, 24, Pittsubrgh, PA. James Thurston, III, 19, Miami-Dade Coun- told someone he was going to get a ty, FL. Juan D. Rodriguez, 48, Houston, TX. Roger Vincent, 44, Mesquite, TX. Earl Roos, 25, Oakland, CA. gun. The child who was told this didn’t Unidentified male, 35, Long Beach, CA. Jose J. Santoyo, 20, Chicago, IL. believe it. Sure enough, he went to his Abimbola Whitlock, 20, Oakland, CA. grandfather’s stash of guns and got MAY 30, 1999 JUNE 5, 1999 one. It had no safety lock on it. He re- Lawrence Albeniaic, 45, New Orleans, LA. Ryan Bailey, 19, Baltimore, MD. Nancy Linda Akers, 45, Washington, DC. turned, and he killed a very wonderful, Maxine Bedell, 82, Rochester, NY. Jeffrey Blash, 24, Miami-Dade County, FL. kind family man, a teacher at the Melco Botache, 33, Miami-Dade County, Mary Kathleen Brady, 35, Cincinnati, OH. prime of his life, in his thirties. FL. Franco D. Davis, 22, Chicago, IL. Then we had the incident in Queens Henry Carter, 48, Detroit, MI. Patrick Dewar, 35, Philadelphia, PA. where a disgruntled employee essen- Anthony Fletcher, 45, Macon, GA. Savatore Damico, 33, Baltimore, MD. tially executed people who worked at a Lovell Daniely, 27, Philadelphia, PA. Walter Hill, 38, Detroit, MI. Alice Hough, 54, Miami-Dade County, FL. Wendy’s. David Davidson, 38, St. Louis, MO. What do we do here? Nothing. We do Frank Evans, 18, Chicago, IL. Maurice Jiles, 18, Gary, IN. Rico Montgomery, 24, Detroit, MI. Fernando Perez, 29, Houston, TX. nothing. I am listening for the major- Antonio Munoz, 17, Providence, RI. Joseph Swinnie, 18, Washington, DC. ity leader. We already passed these Phyllis Robinson, 38, Chicago, IL. Victor Temores-Martinez, 30, Chicago, IL. amendments in the Senate, and the Brandy Smith, 18, Houston, TX. Shaun Tilghman, 24, Boston, MA. amendments are languishing in the MAY 31, 1999 Mr. DURBIN. Mr. President, at the committee. I say to my friend, what Elizabeth K. Burlan, 55, New Orleans, LA. National Rifle Association convention, are the American people to think about Anthony Clay, 40, Atlanta, GA. when it was brought up as an issue that this inaction? I would like him to com- Gregory Clay, 40, Atlanta, GA. so many young people are killed every ment on that. Then I have another Edward Meno, 26, Oakland, CA. single day by gunfire in America, in ad- question about the NRA convention. Daron D. Mitchell, 18, Akron, OH. dition to those who are not so young, If my friend could comment, because Miriam Moses, 78, Miami-Dade County, FL. the people at the National Rifle Asso- he feels so strongly about this, what Shane Newton, 26, Detroit, MI. ciation dismissed it and said these are Curtis Smith, 26, Cincinnati, OH. are the American people thinking Anthony Wilson, 40, Philadelphia, PA. teenage gang bangers and drug crimi- about the Senate and Congress, con- Unidentified male, 18, Newark, NJ. nals and you just have to expect, in the trolled by Republicans, who do nothing culture in which they live, they are JUNE 1, 1999 about the issue of the killing of our going to kill one another. Jouvito Bravo, 19, Houston, TX. people at a far greater rate than our Allen R. Darrington, 17, Kansas City, MO. As I read this list of people ranging soldiers died in Vietnam? We have a Martha Enrichez, 21, Dallas, TX. in age from 80 years to 18, it is clear war in our streets. What do you think Antoine Fowler, 21, Charlotte, NC. that the victims of gun violence are they should do about it? Bruce Green, 36, Baltimore, MD. not just those who were involved in Mr. DURBIN. I can say to the Sen- Jewel Harvey, 49, Dallas, TX. crime in the inner city. Frankly, it in- ator from California, as people across Johnny Howard, 26, Atlanta, GA. volved Americans across the board; the Nation refuse to vote in elections Stephen Karawan, 53, Miami-Dade County, Americans—black, white, and brown— and lose respect for those who are FL. Michael Kitchins, 36, Dallas, TX. of virtually every age group. To dis- elected to public office, it is a clear in- Eric Lewis, 21, Detroit, MI. miss this, as the National Rifle Asso- dication, as far as I am concerned, that Jamont Simmons, 22, Rochester, NY. ciation did, as something we should not they do not believe we are responsive. Jerona Stewart, 15, Washington, DC. care about I think is evidence of their They do not believe we are listening. D’Andre Tizeno, San Francisco, CA. insensitivity to this issue of gun vio- They do not believe the problems that Irene Zaragoza, 47, Houston, TX. lence. families face across America are prob- Unidentified male, 39, Honolulu, HI. Mrs. BOXER. Will the Senator yield lems we share. They think we are some Unidentified male, 26, Nashville, TN. for a couple questions? sort of political elite that really is out JUNE 2, 1999 Mr. DURBIN. I am happy to yield to of touch with the world. Corey Ball, 28, San Antonio, TX. the Senator from California. They understand in the cities and the Clarence A. Bellinger, 30, Chicago, IL. Mrs. BOXER. I thank the Senator suburbs across Illinois that gun vio- Barbara Clark, 35, Chicago, IL. from Illinois for reading these names Carlton Copeland, 23, Atlanta, GA. lence is an issue that affects so many Felipe Cruz, 26, Dallas, TX. into the RECORD, for putting a human lives. They wonder how people can be William Floyd, 18, Washington, DC. face on what is a national tragedy. He elected to the Senate and not try to do Raymond Gonzales, 33, San Bernardino, experienced this at home, and I did as something about it. CA. well in California. I know the Senator from California Fairway Huntington, 41, Memphis, TN. People are wondering just exactly agrees with me that even passing this Craig Kallevig, 41, Minneapolis, MN. what we are doing. Since Columbine, gun safety legislation will not elimi- Seven Lomax, 30, Philadelphia, PA. we agreed to five sensible gun amend- nate gun violence, but we hope it will Brian Meridith, 36, Mesquite, TX. ments, one of them to close the gun James Nelson, 23, Baltimore, MD. reduce it. Cecilia Pagaduan, 44, Daly City, CA. show loophole, which would make it It is a commonsense approach to re- Edwin Pagaduan, 44, Daly City, CA. very difficult, if not impossible, for ducing the ownership of guns by people Mario Anthony Phillips, 26, St. Paul, MN. criminals and children and people who who should not own them. I believe— Ricky Salizar, 12, Roswell, NM. are mentally unbalanced to buy guns and I am sure the Senator from Cali- Kahlil J. Smith, 19, Memphis, TN. at gun shows; also, for example, to fornia does, too—those who use guns JUNE 3, 1999 make sure that all handguns are sold legally and safely, such as sportsmen Alberto Acosta, 36, Miami-Dade County, with safety locks, so if kids get hold of and hunters, should be allowed to do FL. a gun, there is no discharge of a bullet. so, but I do not agree with the National

VerDate Mar 15 2010 22:45 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06JN0.REC S06JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4512 CONGRESSIONAL RECORD — SENATE June 6, 2000 Rifle Association of basically giving speech. They named AL GORE in the raving about their choice for President, guns to everyone, no questions asked, most vicious way and attacked him in it is because they are sick and tired of and hope for the best, and wants to see the most personal way. President Clinton, who has stood up for concealed weapons in every place. Gov- I ask my friend if he would like to gun safety as long as he has been in the ernor Bush decided he wanted con- see this debate elevated above these White House. They are frightened by cealed weapons to be carried in church- personalities. It is dangerous to start the prospect of Vice President GORE be- es and synagogues in the State of attacking people in such a way, and I coming President and continuing that Texas. That strikes me as a ridiculous hope we can keep our disagreements tradition of supporting sensible gun situation. over the issues rather than attack a safety legislation. They want George Mrs. BOXER. Amusement parks as Vice President who is simply reflecting W. Bush. They want their man in the well. the views of 80 percent of the people. White House. They want to help pick Mr. DURBIN. Amusement parks. When we hear the NRA executive the Supreme Court. You can bet as an Think about the situation and wonder say: When George Bush is elected, we American, I am concerned that will in- how in the world can we have a safer are going to operate out of the White crease the incidence of gun violence in America if we have this proliferation of House—that sends chills up and down our country. guns that is, obviously, supported by my spine. No group should operate out Mrs. BOXER. I thank my friend for Governor Bush, as well as the National of the White House, whether it is Sarah raising the issue of the Supreme Court. Rifle Association. Democrats and Re- and Jim Brady’s gun control group or I should have raised it myself. He is so publicans should be listening to fami- the NRA. For them to say when George right on that point. The Supreme lies across this country. Bush is elected they are going to work Court up to now has, in fact, said it is To think gun violence has become so out of the White House is a frightening OK for Congress to work on gun laws commonplace that we have accepted it thought to me. that keep guns out of the hands of is a sad testament on this great Na- I hope the American people will tune criminals and children, and that it is tion. If one looks at gun violence sta- in to this and not say all the can- not, in fact, a violation of the second tistics and says ‘‘that is life,’’ no, it is didates are alike and not say all of us amendment because we say: Sure, if not. That is life in America. That is are alike. They are not going to find us you are responsible and you need to not life in any other country in the perfect, that is for sure. No one is per- have a gun and you have a reason to world. Virtually every civilized coun- fect. Doesn’t my friend believe this is have it—for recreation or to defend try in the world has basic gun safety an issue where there are serious dif- your family—and you are a responsible laws and gun control laws to keep guns ferences between the two parties? gun owner, that is one situation. But if out of the hands of those who would Mr. DURBIN. I say to the Senator you are a criminal, you are mentally misuse them and out of the hands of from California that she has answered unbalanced, if you walk in and buy a children. We live in a country where a her own question: Why is the National gun, by the way, when you are high on disgruntled 13- or 14-year-old goes Rifle Association attacking the Demo- drugs or alcohol, this is not going to be home and finds grandpa’s gun, goes cratic candidate for President? They good for this Nation. The Supreme back to school, and kills a teacher. made it clear. The chairman of their Court up to now has upheld our ability That is not commonplace anyplace in organization, a gentleman from Iowa to regulate. the world but for the United States, whose name I do not have handy, made There is no question that with the which I do not think we should accept, this announcement—in fact, it has NRA operating out of the George Bush and our failure to do anything about it been videotaped and replayed—where White House, we are going to see in the feeds into the cynicism of America’s he said: Listen, the choice for the Na- Congress not only a lack of future voters and citizenry who think we are tional Rifle Association in this Presi- progress on controlling these guns and elected to solve problems in this coun- dential race is clear. If George Bush is who has these guns, but we are going to try. When we do not respond, it is no elected President of the United States, see the Supreme Court tilt and say: wonder they lose faith in the process. the National Rifle Association will Congress, you have no business dealing Mrs. BOXER. I say to my friend, have its man in the White House. with this issue. what is extremely frustrating is the The Senator from California does not I ask my friend this: If we have no talk we hear: Gee, it does not make exaggerate. That is exactly what he other role to play, shouldn’t it be that any difference who gets elected. I want said. we protect the health and the safety of to make a point straight from the What does it mean to have your per- the people of this country? I know we shoulder, and I am known for that. The son in the White House next to the are trying to get a Patients’ Bill of fact is, every single Democrat voted for President? It means gun safety legisla- Rights. This is another issue for which these sensible gun measures, except tion does not have a chance. Not a sin- we are fighting hard because that is one, and we had just a few on the other gle thing is going to be passed by Con- our sacred obligation, if nothing else. side join us. gress that will not be vetoed by George We can have the greatest economy in There is a difference. I ask my friend W. Bush. the world, the best economy in the if he happened to hear the NRA con- Secondly, I hope the Senator from world, people can be working and thriv- vention speeches that were made or if California will also reflect on this, and ing, but if some child goes home and he read them, and, if so, what he that is, it is likely in the next Presi- gets his grandpa’s gun and shoots a thought. I was, frankly, stunned at the dency two or three Supreme Court Jus- beautiful teacher in the head, if some all-out personal attack on AL GORE tices will be nominated. The National disgruntled employee who has a crimi- that I heard. I have no objection to Rifle Association is going to have its nal record can get a gun at a gun show, people having differences. If they want voice in that process if George Bush is what good does it do if you have the everyone to carry a concealed weapon, elected President. They will decide best job and the best future in the that is their choice to make that deci- whether or not the Supreme Court Jus- world? sion. I do not think we want to see an tice nominee passes their litmus test, My friend has read the names of peo- America that is a shootout at the OK which basically says we should sell ple shot down in the prime of their Corral. I do not think that is going to guns in this country with no questions lives. We are supposed to live to our make our country great. But if some- asked. seventies, and a lot of these people are body thinks that we all ought to pack That is not a decision for 4 years; it shot down in their teens, in their a weapon, that is their right, but to is a decision for decades because if the twenties, or in their thirties. personally attack the Vice President Supreme Court has a majority of that My friend is so right to raise this because he supports sensible gun con- point of view, that is going to affect issue of the Supreme Court. I thank trol laws—which, by the way, are sup- the laws that are approved virtually him so much for engaging in this col- ported by 80 percent of the people—to across the board at the State and Fed- loquy. make this a personal, vicious attack on eral level. I know this talk is hard talk. By the AL GORE—and I read Wayne LaPierre’s When the National Rifle Association way, it certainly raises our names to speech and I read Charlton Heston’s at their convention starts ranting and the NRA; and that is not easy for us,

VerDate Mar 15 2010 22:45 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06JN0.REC S06JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 6, 2000 CONGRESSIONAL RECORD — SENATE S4513 either. But the fact is, I believe in my wants to stay with the person in whom Starting today, I am working as if that heart that the NRA gives a lot of she has confidence, will not lose that will be the case. I am willing to pass this money to people in Government but right because her company decides to measure through any means necessary. there has to be some of us who stand change its health insurance carrier; I say congratulations to this Repub- up. I am proud to say every single that someone who wants to be involved lican Congressman who is standing up Democrat, many of whom absolutely in a clinical trial of a new experi- to the Republican majority in the Sen- believe, as we do, in the right to gun mental drug for cancer, for example, ate, who is standing up to the insur- ownership, have stood strong and said that might save their life, cannot be ance industry, who is standing with the we must keep guns out of the hands of denied that opportunity by a health in- Democrats and with American fami- children, the mentally unbalanced, and surance company; that our access to lies. As on gun safety legislation, this people with criminal records. emergency rooms will not be denied be- health legislation, important to fami- I say this to my friend: This is a fight cause of the decisions of health insur- lies across America, has been stalled we are going to wage on this floor. We ance company clerks. and blockaded by the Senate Repub- are not going to let George Bush hide We had a vote on the floor of the Sen- lican leadership. They do not want to behind the fact that he says nice ate. Overwhelmingly, the American even address the issues that families things. I am amazed that the polls people support what I have said. We across America care about. don’t reflect that people know what he lost the vote but not because we did You step back and say: Why in the stands for, making it possible to carry not have support for our position. world do men and women run to be a concealed weapon into a church—we Three hundred organizations supported Members of this Senate if they are not had a horrible massacre in a Texas the Democratic position on the Pa- willing to at least debate the major church—or into hospitals. Why do you tients’ Bill of Rights, every major med- issues, if not pass legislation to help need a gun in a hospital—explain that ical group in America. The nurses sup- families? But time and time and time to me—a place of healing, a place of ported our position. The doctors sup- again, the Senate majority has block- peaceful recuperation? ported our position. Hospitals sup- aded, stopped, and stalled every effort Why do you need a gun in a church? ported our position. Yet we lost be- to deal with issues of health and safe- Why do you need a gun in a hospital? cause one special interest group on the ty. What about an amusement park where other side prevailed—the insurance And those are not the only ones. As there are so many kids around? This companies. They are the ones that are to an increase in the minimum wage, makes no sense. He did it because the making the profit out of these deci- this is one of the most disgraceful NRA wanted it done. We have to speak sions that take quality care away from things that has happened to Congress the truth here if we are worth any- families, which exalt the bottom line in the last 10 or 12 years. It used to be thing. of profits, and ignore basic health care when it came time for an increase in I thank my friend for speaking the needs. the minimum wage—under President truth, for reading the names of those This miserable bill that passed out of Reagan, for example, it was done with who died, and for bringing this issue the Senate is headed over to the House little fanfare and little debate. It was day after day to the floor of the Sen- of Representatives. I am happy to re- done on a bipartisan basis. We all be- ate. I will be by his side. port to you that a substantial number lieved that the men and women who Mr. DURBIN. I thank the Senator of House Republicans said they were got up and went to work every day in from California. She has made a point, not going to scrape and bow to the in- America for a basic minimum wage de- too, that I would like to follow up on. surance industry; that they would served an increase periodically to re- We have addressed this issue of the stand with American families and med- flect the cost of living. safety of American families, to make ical professionals so we have rights, a But the Republican-dominated Con- sure that we try to do everything that Patients’ Bill of Rights for America. gress refuses to allow us to increase is reasonable to reduce gun violence. They passed a good bill, the Dingell- this minimum wage. And 350,000 people There is also an issue of health not Norwood bill. JOHN DINGELL of Michi- in my State of Illinois got up this only related to gun violence but in a gan is legendary here on Capitol Hill. morning and went to work for a min- larger context. We have several meas- Congressman CHARLIE NORWOOD is rel- imum wage—$5.15 an hour—with vir- ures that are pending on Capitol Hill atively new but is a Republican who tually no benefit protection. that have been languishing for months: has had the courage to stand up and I agree with Senator KENNEDY, Sen- prescription drug benefits, which we say: I think it is only right to say no to ator DASCHLE, and so many others, support. We believe that under Medi- the insurance companies and yes to that we should increase this minimum care the elderly and the disabled American families on a Patients’ Bill wage as a matter of basic decency a should have a prescription drug ben- of Rights. dollar an hour—50 cents a year for 2 efit. To accomplish that, it is certainly Let me read to you what Congress- years—so people who are trying to going to involve bipartisan coopera- man NORWOOD said a few days ago keep their families together, trying to tion. But we have seen no leadership, about the situation that has occurred maintain their own standard of living, none whatsoever, in this Congress. where the Senate passed the insurance have a chance to do it with an in- What are they waiting for? We are industry bill and the House passed one creased minimum wage. Again, the Re- now in the month of June. We are talk- that will help American families; and publican leadership in Congress refuses ing about resolving a lot of the major nothing has happened since. This is to let us bring up this issue of the min- issues before our August recess for the what he said on May 25: imum wage. conventions. In this short period of I’m here today to say time’s up on the con- Time and time again—gun safety leg- time, can we find the political will to ference committee. We’ve waited eight islation, a prescription drug benefit address a prescription drug benefit? months for this committee to approve a com- under Medicare, a Patients’ Bill of Let me add another that has been promise bill. Senate Republicans— Rights to protect families when they languishing for months: the Patients’ This is a Congressman who is a Re- have the most basic and fundamental Bill of Rights, which basically says publican who is saying this about his concerns about their health, and a min- that each one of us, as individuals and colleagues in the Senate: imum wage—these issues have been members of a family, should be able to Senate Republicans have yet to even offer stalled because the Republican leader- walk into a doctor’s office and listen a compromise liability proposal—they have ship refuses to bring them up for a carefully to that medical professional, only demanded that the House Conferees vote. They know the American people receive their diagnosis and their rec- abandon their position. support it but there are special interest ommendation, and follow it and not be He goes on to say: groups that oppose each and every one second-guessed by some insurance com- If we don’t get a bill, or at least a ten- of them. pany. tative agreement in writing by the week we The National Rifle Association has I think that is so fundamental and so come back from Memorial Day, we must told them: Put the bar on the door. We basic—that a woman who has an obste- move past the conference. don’t want any gun safety legislation. trician following her pregnancy, who Congressman NORWOOD said: The insurance companies have told

VerDate Mar 15 2010 22:45 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06JN0.REC S06JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4514 CONGRESSIONAL RECORD — SENATE June 6, 2000 them: We don’t want a Patients’ Bill of today. It is reflected in the Presi- Mrs. BOXER. Again, my friend raises Rights. We are making a lot of money dential race, and it is reflected in the a very crucial issue. I have the paper- under the current system. We don’t Senate races and in the congressional work here, and my friend is right on want the doctors and the nurses to races. target. George W. Bush’s tax cut pro- make medical decisions. We want I only ask the American people to posal is $1.7 trillion from 2002 to 2010, businesspeople to make them based on wake up, regardless of what party they and going to his privatized plan for So- profits. The pharmaceutical industry are in, because that doesn’t matter to cial Security will cost $1 trillion. My has told them they don’t want a pre- me. These are not partisan issues. friend said $800 billion; it is $1 trillion. scription drug benefit to help the elder- These are issues of right and wrong. The projected on-budget surplus, if the ly and the disabled pay for drugs they These are issues of fairness. economy continues to do well—and you need to survive. When it comes to the I really think my friend has con- never can count on that, but we cer- minimum wage, some people in the nected the dots on several of these tainly hope so—is $877 billion, which business community have said: We issues—the gun issue, the Patients’ of leaves a $2.7 trillion deficit. We are don’t want to pay anything more than Bill of Rights, prescription drugs, min- going to go back into the bad days. $5.15 an hour. And we don’t care what imum wage. What do these have in So not only are George W. Bush and impact it has on the employees. common? They are all issues that mat- the Republican Party not wanting to That is the state of play that reflects ter to America’s families, the way we act and make life better by moving for- the values and reflects the choice the live, and the kind of life we have. They ward on the issues about which we American people will have in this com- are crucial issues. No matter what hap- talked—the gun issue, prescription ing election as to whether they want to pens in the Senate when the majority drugs, the Patients’ Bill of Rights, and see the Republican majority continue leader brings legislation forward—or the minimum wage. So not only won’t in Congress and stop this basic legisla- doesn’t—whether we do nothing or we they change for the good, they want to tion so important to every American do something, we are going to come go back, and we are going to be facing family. home with these issues and talk about these horrific deficits, a national debt them, and we are going to organize Mrs. BOXER. Will my friend yield on that will start to soar again, the mar- around these issues. Otherwise, I don’t that point? kets will react with high interest rates, think we deserve to be here if we are si- Mr. DURBIN. I am happy to yield. and we will be back into the deepest lent in the face of inaction. Mrs. BOXER. Again, I thank my trouble. We will be bailing ourselves friend for connecting the dots. To those I thank my friend again for taking this time and for engaging in this col- out. Americans who say there is no dif- I have to say again that by looking ference between the parties, there are loquy. (Mr. ENZI assumed the chair.) at this entire choice we have in this no issues in this election, that it is a Mr. DURBIN. We have not only ad- election, it is very interesting. As I lis- matter of who has the best smile, I say dressed the major legislative issues ten to my friend, I realize what we that is not what it is about. bottled up and stalled in this Repub- face. We face a situation where either It is about issues that impact mil- lican Congress—gun safety legislation, we are going to go forward on certain lions and millions of Americans; 30,000 Patients’ Bill of Rights, prescription issues but keep fiscal responsibility, or Americans die every year of gunshots. drug benefits, increasing the minimum not move on crucial issues that are My friend pointed out that about 13 a wage. We should listen as well to the really life-and-death issues and go back day of those are children—children. rhetoric coming from the Republican to the days of horrible economic times. The Democrats are saying we need sen- candidate for President, George W. We all remember when President sible gun laws, and our Republican Bush, who is suggesting a massive tax Bush went to Japan and threw up his friends are saying we don’t need any- cut of over $2 trillion over 9 years. He hands and said: What are we going to thing, just hang it up in the conference is also now suggesting a change in So- do? We are in deep trouble. Help us. committee and say a few words here cial Security that will cost over $800 That was not a high point in Amer- and let’s move on. We will not let that billion over 9 years—$2.8 trillion that ican life. Now, with the Clinton-Gore issue die, if you will, nor the Patients’ he has suggested we spend over the team, we are leading the world, but we Bill of Rights and prescription drugs. next 9 years, when we are told by ex- will only continue if we don’t go back Again, it is about millions of people. perts in Washington that the surplus to those bad old days of deficits. What always fascinates me is my we have to deal with is about $800 bil- I thank my friend. friends on the Republican side—oh, lion. What the Presidential candidate The PRESIDING OFFICER. The Sen- they are tough on law and order. And I on the Republican side is suggesting is ator’s time has expired. The next hour agree with them. I am as tough as they that he wants to return to the era of is under the control of the Senator come. I will support the death penalty deficit spending, where we will, over 9 from Wyoming. for heinous crimes. But when an HMO years, go $2 trillion more in debt. The Senator from Wyoming is recog- kills a patient because they won’t ap- We can all recall that when President nized. prove the appropriate test—and I have Reagan was elected in 1980, we started f seen it time and time again in my on this course of action which led to THE SENATE’S AGENDA State, where tests for cancer were de- increasing our national debt to over $6 nied because they were expensive diag- trillion. We had more debt accumu- Mr. THOMAS. Mr. President, we will nostic tests, and HMOs wind up essen- lated during the Reagan-George Her- go to the Senator from Minnesota tially killing a patient because they bert Walker Bush years than we had in shortly and then the Senator from got treatment too late—they let them the entire previous history of the Texas and then the Senator from off the hook: We don’t want the right United States. Now to carry on this Idaho. In the meantime, while they are to sue. Let these people just walk away fine tradition, Gov. George W. Bush is coming, let me say I have briefly lis- with maybe a slap on their wrists. suggesting we go back to deficit spend- tened to my friends on the other side of Where is the outrage? Where is the ing, $2 trillion more in debt, to give tax the aisle, interestingly enough, com- outrage when people die because of breaks to wealthy people, to change plaining about not getting anywhere. medical malpractice or an HMO not Social Security in a risky way. Let me talk a little bit about that. willing to invest in our people? I think that is another fundamental We have been here on the floor now Take the issue of minimum wage, issue. If we are going to deal with for some time talking about the kinds where people are actually living in pov- America’s economy to keep it moving of things people want to do in this erty. For goodness’ sake, some in our forward, if we are going to bring about country; for instance, education—ele- military are on food stamps. Yet our the changes we need to make America mentary and secondary education. We friends on the other side will vote for a better place to live, we certainly had to pull that after a whole week of luxury jets to ferry around the gen- don’t need to return to deficit spend- discussion and debate because our erals. I don’t know where the shame is. ing. I think that is a critical issue that friends on the other side of the aisle I don’t know where the outrage is. I affects everything we do on Capitol didn’t want to move forward. They can only say that this is where it is Hill. wanted to bring up the same things

VerDate Mar 15 2010 22:45 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06JN0.REC S06JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 6, 2000 CONGRESSIONAL RECORD — SENATE S4515 they have brought up every time we cally done the job we have asked it to $90, the other $10 is put into this trust have come into this Chamber, and they do; that is, to provide retirement bene- fund. Of course, the Government bor- have done it over and over and over fits for millions of Americans. But if rows the surplus and spends it. By the again. you look ahead to the next 30 years, year 2015, we will be bringing in $90 and If you want to talk about getting the system has problems. It is facing paying out $100 or more. Where do we something done, we ought to talk a lit- some real problems. It is being strained get the extra money? We are going to tle bit about education, a little bit to the limit. In fact, there will not be have to get it from the taxpayers. By about Social Security, a little bit enough dollars collected in the system 2015, taxes are going to have to be about the military and doing some to pay the benefits the Government has raised to cash in these IOUs in order to things for security that we ought to do promised. If the Congress does nothing, pay the benefits at that time. for this country. Frankly, I think some Social Security benefits will have to be You hear a lot of Senators and others of us get weary of the same litany reduced as much as one-third or more saying the system is solvent until 2037. every day and going back and forth on over the next 25 years. That is only if we can raise taxes on the same thing. We have already talked The biggest risk to Social Security is workers to pay those benefits. That is about gun control; we have gun control to do nothing. And there are those who the only way it can remain solvent. pending. We have talked about Pa- are willing to stick their heads in the Congress is going to have to take ac- tients’ Bill of Rights; it is pending. It sand maybe to get by another election tion. The Social Security trust fund is is out there in conference committee. and to ignore the problems facing So- going to be broke in 2037 unless we What we need to do is address ourselves cial Security. have the dollars to cash in those IOUs. to some of the issues that are here. Let me go through some of these The reason is our pay-as-you-go retire- You can see that I get just a little bit things very quickly. ment system cannot meet the chal- excited about this. But we have an op- When Franklin Delano Roosevelt in- lenge of the demographic change. portunity to do some things. We have troduced Social Security in 1935, he In 1940, there were about 100 working to do some things on this floor, and we had concerns that it would only be run for every retiree. Today, there are a need to move forward and stop this by the Government. He wanted part of little over 2.5. By the year 2025, there business of holding up everything so we it to be private accounts. In fact, there will be fewer than 2. In 1940, with 100 can talk about trying to make issues was many Americans who were allowed people working, you only had to pay for the election instead of trying to to stay outside of Social Security. In $10 a month to pay for a $1,000 benefit. find solutions. fact, there have been a number of state Today, it is over $400. And we are going I yield to my friend, the Senator and local governments over the years— to ask our grandchildren to pay $500 or from Minnesota. as late as 1981—that saw this loophole, more in order to meet this obligation The PRESIDING OFFICER. The Sen- opted out of Social Security, and cre- of retirement benefits. ator from Minnesota. ated their own personal retirement ac- If you look over the next 75 years, it Mr. GRAMS. Thank you very much, counts. None of them, by the way, has is going down like a rock. There is $21.6 Mr. President. failed; all have been successful. By that trillion in unfunded liabilities. In other I thank my colleague from Wyoming I mean they are paying better benefits words, the benefits the Government for all his good work in trying to keep to their retirees than Social Security has promised to pay—$21.6 trillion—are us focused on the issues about which is paying to our retirees today. short of revenues we need to pay those we are concerned. President Roosevelt also said that benefits. f there should be a three-legged stool for How are we going to make them up? Americans’ retirement: personal sav- There are a couple of choices. We can ORDER OF PROCEDURE ings, pension, and Social Security. So- raise taxes and tinker a little bit with Mr. GRAMS. Mr. President, I ask cial Security is just one of the legs. It the system. But you cannot tinker unanimous consent that following the was never meant to be the sole source with $21.6 trillion deficit. They can cut official Senate photo, the Senate begin of retirement benefits. But for millions benefits by a third of what retirees can consideration of S. 2549, the Depart- of Americans today—when they are expect to get. Or they can raise the re- ment of Defense authorization bill. paying an average tax bill of nearly 40 tirement age. But that will not be The PRESIDING OFFICER. Without percent of their wages in taxes, then enough to make up the $21.6 trillion in objection, it is so ordered. they try to raise their family; buy deficits over the next 75 years if we Mr. GRAMS. I thank the Chair. food, clothing, shelter; put a little don’t do make hard choice to save the f money away for vacations, and for edu- system. cation for their kids, et cetera—they My plan, the Personal Security and THE FUTURE OF SOCIAL do not have money left to save for Wealth in Retirement Act, has a tran- SECURITY their retirement. If you work for an sitional cost as well. But it is the cost Mr. GRAMS. Mr. President, I want to employer that doesn’t have a pension we have to pay anyway. It would cost take time today to again talk about or 401(k), your only source of retire- about $13 trillion for us to make the what I think is one of the most impor- ment is Social Security. Clearly, So- transition to go from the Social Secu- tant issues facing Americans this year, cial Security has stretched to its limit. rity system we know today to total and probably in the next few years; Right now, 78 million baby boomers personal retirement accounts. In other that is, what is the future of Social Se- are ready to hit the system by the year words, we are moving to a system curity? How are we going to make sure 2008. The majority of Americans—near- where you have control over your re- we have a safe and sound retirement ly 90 percent—retire at the age of 62, tirement—not Washington—you decide system not only for those on retire- not at 65. We are going to see baby when to retire, how much you want ment today and those about to retire, boomers bumping into the system be- save and where you want to invest and but also for our children and our grand- ginning as early as 2008. Social Secu- how you want to control over your ac- children? rity spending will exceed tax revenues count. I have held around the State of Min- by 2015. In reality, we have signed our name nesota more than 50 townhall meetings We hear about all of these surpluses to a long-term contract that says we trying to outline the problems facing in Social Security and the trust fund. are going to guarantee retirement ben- Social Security today, and a plan I But the truth is there is nothing in efits for Americans forever. There is a have introduced called the Personal the trust fund but IOUs. Senator FRITZ cost because we have dug ourselves Security and Wealth in Retirement HOLLINGS of South Carolina says there into a hole. Somehow we have to dig Act, which would move from a pay-as- is no trust, and there are no funds in ourselves out. There is no free lunch. you-go system to a fully-funded, mar- the Social Security trust funds. He is People around here can ignore it, but ket-based personal retirement ac- right. there is no free lunch. We are going to counts. By 2015 there will be no more sur- have to find a way to finance ourselves When you look back at the last 65 pluses. In other words, if we are col- to reach our goals to have a safe, solid, years of Social Security, it has basi- lecting $100 today and only spending and solvent Social Security system.

VerDate Mar 15 2010 22:45 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06JN0.REC S06JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4516 CONGRESSIONAL RECORD — SENATE June 6, 2000 The biggest risk is doing nothing at a plan paying zero or giving a negative duced this plan 3 years ago. I said then all. return on the money. it would be a major issue in this Presi- Social Security has a total unfunded Mr. President, there is no Social Se- dential debate. It is. I am glad gov- liability of $21 trillion-plus. The trust curity account with your name on it. A ernor George W. Bush has announced fund has nothing but IOUs. Vice Presi- lot of people don’t realize that. After a his plan to allow at least some privat- dent Gore said let’s pay down the debt lifetime of working, taxpayers think ization for improving and saving the and let’s put the interest we save into there is an account in Washington that system. And Vice President AL GORE the trust fund. But all he is talking has their name on it. There is not. You has made a statement—he doesn’t want about is adding more IOUs, not build- don’t have one dollar set aside for your to do anything. He wants status quo, ing assets in the Social Security trust retirement today. The only thing you he wants to tinker with the system. funds. Instead, today, we have over $800 can hope, in our pay-as-you-go system, That means, again, raise your taxes billion of IOUs, but in 15 years, he is that when you retire there are peo- even more. wants to have $3.5 trillion worth of ple working so we can deduct money We need to make sure we protect cur- IOUs—no real assets, but IOUs. from their check to pay your benefit. It rent and future beneficiaries. Anyone Again, the only way you can get is a pay-as-you-go system. The money on Social Security, about to retire, or those IOUs cashed in is to go to the we bring in the first of June will be who wants to stay with it, should be taxpayers and get more taxes from paid out in benefits by the end of June. able to so do. It is your option; we will them. It is a pay-as-you-go system, with no guarantee those benefits. Don’t be con- To keep paying Social Security bene- accumulation of wealth, no real assets, cerned about it. We will hear scare tac- fits, we are going to probably have to no compounding of interest. tics that somehow this plan is not look at least at doubling the FICA By the way, we talk about these IOUs going to work, we are only going to rob tax—the withholding tax—within the in the trust fund that will make the the elderly, and we will not have a safe near future; not 15.3 percent. By the system solvent. In the President’s own Social Security. That is hogwash. We year of 2025 or 2030, we could see our budget, he included this paragraph: will always guarantee those benefits. payroll tax rates increase to 25 percent These balances are available to finance Allow freedom of choice. If you want to 30 percent of wages—nearly doubling future benefit payments and other to have a personal retirement account, the FICA tax in order to maintain the trust fund expenditures. you should have that option as well. current benefits we promised. The IOUs are there to pay for the The Government should not stand in I ask many of our senior citizens at funds or payments to other expendi- your way and say, no, we are going to our town meetings to raise their hands tures, ‘‘but only in a bookkeeping keep you locked up in a system that if they think they have good retire- sense.’’ will pay you little or nothing on your ment benefits from Social Security. If In other words, they are not real. return. you talk about a $700 check a month, Members on the floor will say: We have Preserve the safety net. Again, I have or a $680 check a month, or $1,100 a the IOUs. That is great, ‘‘but only in a heard the scare tactics that there are month, this is not good retirement. bookkeeping sense.’’ There is nothing no safety nets in the PRAs. That is a This is not the retirement I want. I there. lie. Under our plan we have the same don’t think this is the retirement we You can place a million-dollar IOU in safety nets as Social Security. We have want to leave to our children. But in your checking account and see how survivors benefits, disability benefits, order to maintain even that system, we many checks your banker allows to be built into the program. It is the same are going to impose taxes on the next written against the IOU. None, until thing, but our plan pays dividends and generation. If you have 25 percent in you put money in the account. higher returns than Social Security. FICA taxes, then you add on the aver- ‘‘They are claims on the Treasury, The bottom line is we have the same age Federal Government tax of 28 per- that, when redeemed, will have to be fi- safety nets. cent or 53 percent, and then add in nanced by raising taxes, borrowing Make Americans better off, not worse Minnesota sales tax of 8.5 percent, you from the public, or reducing benefits or off. Today, nearly 20 percent of Ameri- are at 62 percent. Then add in sales other expenditures.’’ cans, when they retire, retire into pov- taxes, property and excise taxes—I Do we want to reduce Social Security erty, because Social Security is all mean every tax you can think of—our benefits or cut education, transpor- they have—or very little else—and it is kids are going to be paying taxes that tation, or health care? If we don’t not enough to keep them off the pov- approach 70 percent of their income. make some hard choices now we will be erty. Our system says when you retire Mr. President, is this the kind of future faced with tougher decisions later. you will have a minimum of 150 percent we want to leave our kids because we We have these IOUs because the gov- of poverty. Right now, the poverty for stick our head in the sand and do not ernment spent all the surplus in the single individuals is about $8,400 a want to face our problems? Social Security Trust Funds. The first year. Our plan says you have to have at Why is Social Security a bad invest- step to save Social Security is to stop least $12,800 a year to retire. We make ment today? If a taxpayer retired in the government spending Americans’ sure you don’t retire into poverty. The 1960, they probably got back all the retirement dollars for nothing but people most affected are elderly women money they paid in in 18 months. It their retirement, to keep the dollars and widows. The Social Security sys- was a tremendous return for the early outside the hands of the big spenders in tem today discriminates against retirees. Today, an average person re- Washington and to make sure we set women. Again, we will hear stories tiring will get less than 2 percent re- aside the surplus funds today. We have that PRAs discriminate against turn on his or her money paid into the not done it in the past. It needs to be women. That is not true. The current system. Our minority population is ac- done. I have introduced a second system is the culprit. Changing the tually getting a negative rate of return lockbox that says if our estimates are system will improve retirement for today. They are in fact subsidizing the wrong—best faith estimates on what millions of Americans today, including rest of us. The markets have paid back we spend and what we bring in—if we our elderly ladies. nearly 11 percent, but when we filter are honest and do not want to spend a Create a fully funded system. Make out inflation, it is better than a 7 per- dime of Social Security, if the esti- sure if you have an option for private cent annual return in the market. mates are wrong and we overspend, we retirement accounts, you can do that. What would any person rather have? need to go back and lower everybody’s Most importantly, no tax increases, no If an investment counselor said: I can budget across the board. Perhaps take tinkering with the system. up a plan, but it will not pay very good, a .003-percent reduction so we don’t I introduced my plan, the Personal less than 2 percent, so anyone 50 or have to go into the trust fund, and we Security and Wealth in Retirement younger, by the time they retire, it will not spend a dime of Social Secu- Act, in the last Congress and the 106th. will be a negative; or we can put tax- rity. I will keep introducing this plan until payers in a new plan paying 7, 8, 11, 12 Mr. President, I have six principles we do something on it. percent, what will you do? There will for saving Social Security. I began How does the plan work for retire- not be many at the desk signing up for working on this 7 years ago. I intro- ment options? Workers may divert 10

VerDate Mar 15 2010 22:45 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06JN0.REC S06JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 6, 2000 CONGRESSIONAL RECORD — SENATE S4517 percent of their income into a personal heart attack. She was 42. She received Eleven countries now have privatized retirement account to be managed by $126,000 in death benefits plus what was their retirement; 30 others are consid- Government-approved but private in- in the account plus the survivors ben- ering it. We like to think we are in the vestment companies, similar to 401(k)’s efit that she used to pay to finish a col- forefront of this. But when it comes to and IRAs and FDIC accounts. We make lege education. She was able to care for retirement benefits, we are behind the sure they are safe and sound. her family in her own home. If she curve. Somebody making $30,000 a year now would have had Social Security, she Chile, 18 years ago, privatized their pays $3,720 into Social Security. Our would have been under the poverty system because their system was much plan says $3,000 goes into a personal re- level. She said: Thank God, some wise like ours. Franklin Delano Roosevelt tirement account. At the end of the men privatized Social Security here. If and the brains in Washington did not year, you don’t just have a promise, I had regular Social Security, I would create Social Security. It was modeled you actually have a savings book that be broke. and copied from something that Otto has $3,000 cash, plus interest. The other The city of San Diego also has PRAs, Von Bismark put out in 1880. We adopt- 2.4 percent, $720, goes into the SSA, So- a government employee, 35 years old, ed it almost exactly. So did Chile and cial Security Administration, to help contributes 6 percent into the PRAs. just about every other country around fund part of the financing plan for After 35 years, they would receive a the world. Chile, had the same prob- those who want to stay on Social Secu- $3,000-per-month retirement benefit. lems or worse than what we are facing rity, to guarantee their benefits. Under Social Security, he would re- today. It went to bankrupt. They had Right now in personal retirement ac- ceive only $1,077 a month in benefits. to privatize their plan. counts, someone earning $36,000 a year I know the Senator from California By the way, 95 percent of the Chilean pays in the maximum to Social Secu- said on the floor recently that personal workers have opted into the personal rity, and receives $1,280 a month as a retirement accounts are too risky and retirement accounts. Their return last maximum benefit. Take just 10 percent we cannot damage the foundation of year was 11.3 percent. Ours, again, were of that income, put it into an average Social Security. But last year, and I less than 2 percent. market account, you will have a ben- want to read this, the Senator from British workers have chosen to go efit of $6,514 a month. That is a big dif- California—this is Senator BARBARA into PRAs. They have what they call ference, five times better under the pri- BOXER along with Senator DIANNE their second tier Social Security, vate retirement account than what So- FEINSTEIN and Senator TED KENNEDY, where they can opt from the Social Se- cial Security would pay. In addition, sent a letter to the President saying: curity System, like we have, into per- the safety nets are there for survivor ‘‘Millions of our constituents will re- sonal retirement accounts. In Britain, and disability benefits. Don’t let any- ceive higher retirement benefits’’— so far two-thirds of all British workers body say that somehow this isn’t as They are talking about the city of San have opted into personal retirement ac- good or better. Diego—‘‘higher benefits from their cur- counts. They have enjoyed, over the Looking at the returns, people are past 5 years, a better than 10 percent talking about maybe 2 percent of your rent public pensions than they would return on their money. By the way, the Social Security. After 40 years at 2 per- under Social Security.’’ pool of retirement in their retirement cent, you will have $171,000 in the ac- In other words, they were telling the accounts in Britain exceeds $1.4 tril- count, plus reduced benefits from So- President to leave San Diego alone be- lion. That is how much now they have cial Security. So at least with partial cause the President’s plan for saving put away in their accounts. That is reform plan, a citizen is better off and Social Security included taking 1 per- more than the total GDP of Britain, would have a little bit of reduced ben- cent, pooling the investments, but he and it is more than all other private in- efit from Social Security but will have also would take all these with private vestments in all the other European $171,000 in the bank. Under my plan, accounts off the table and put them all countries combined. So it shows you you would have $855,000 based on a into Social Security. She did not like $36,000 income; $855,000 would have been that. She says: the power of private retirement ac- put away for your retirement. Mr. President, millions of our constituents counts, and the accumulation of The family with median income of who will receive higher retirement benefits wealth. $58,000, putting away 2 percent has from their current public pensions than they Many people say: I have worked for $278,000 in the bank, and a reduced So- would under Social Security, are appealing 30 years. I can’t give up what I have cial Security benefit. Again, better to their elected Representatives in Wash- paid into Social Security. ington and we respectfully urge you to honor than what we have now. But you could We have a recognition bond. The the original legislative intent underpinning Government knows exactly how much have $1.4 million in a savings account the Social Security system— in your name, cash, estate money, if you have paid in. If you have paid in That was to exclude these people you could put aside 10 percent of your $20,000, if you paid in $40,000, if you paid from Social Security, exclude this pro- salary. in $90,000, we know. We would give you It is being done across the country. I vision from your reform and leave San a recognition bond, plus interest upon discussed people in Galvaston, TX, Diego alone, they were saying. retirement. with private retirement accounts who My question is, if the retirement ac- Mr. President, we must take care of got the OK from Social Security to counts in San Diego are better than today’s Social Security recipients. If have their own retirement accounts in Social Security, why can’t you and I an individual chooses to remain in the 1981. Social Security death benefits? enjoy a similar system? But if Social current system, we must guarantee My dad died at 61, we got $253. That is Security is better, as Senator BOXER, their benefits. There is no increase in what Social Security offers. Senator FEINSTEIN, and Senator KEN- age of retirement, no cuts in benefits, Galveston County that has their own NEDY will support, then why don’t they no ifs, ands, or buts, and no raising of private retirement accounts, receive an want the citizens who work for the city taxes. average $75,000 death benefit. of San Diego to have that same ben- The plan preserves the safety net, as Disability benefits for Social Secu- efit? A good question. I said, for survivors benefits and dis- rity is $1,280; and Galveston, TX, is I know I do not have much time left. ability benefits. Poverty, as I said, rec- $2,749. Mr. President, how much time do I ognized that $8,240 a year—you have to What about retirement benefits? So- have remaining? have $12,400, so you would not retire cial Security, a maximum on this aver- The PRESIDING OFFICER. The time into poverty, again, as nearly 20 per- age income is $1,280; Galveston County, until the hour of 12 noon is under the cent of our Americans do. Funds that nearly $4,800. control of the Senator from Wyoming. manage PRAs are required to buy the By the way, Galveston has a conserv- He yielded you the time you needed. life and disability insurance to provide ative retirement plan, they invest very Mr. GRAMS. I will go through this the safety nets I have talked about. conservatively and they still pay those quickly. I know we have others want- For those who would come up short— much better returns. ing to speak. and those would be very few—if you One lady, by the way, named Wendy As I said, this is not an experiment. could not get $12,400 a year, we would Cohill, her husband died at 44 of a This is being done around the world. come in and say we will fill your glass

VerDate Mar 15 2010 22:45 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06JN0.REC S06JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4518 CONGRESSIONAL RECORD — SENATE June 6, 2000 full so when you retire, you would re- tirement account. You can decide the ation Overlord, but I have never heard tire with less than that. This is the options, you decide how you want to anyone refer to it by that name. It is only entitlement portion of our bill. invest it, and you decide when you now known as D-Day. Again, this is an important safety net want to retire. Let’s make sure we give While there have been hundreds of of this system. you choices. other D-days in other historic loca- Rules similar to those that apply to Just in concluding, despite our col- tions such as Okinawa, Iwo Jima, and IRAs today would apply to PRAs. Also, leagues, our Democratic colleagues Inchon, the forces that landed on Nor- a Federal personal retirement invest- bashing Governor Bush’s reform plan, mandy Beach 56 years ago today truly ment board would oversee it for safety its popularity is increasing among changed the course of history. When we and soundness to make sure your re- workers. hear the term ‘‘D-Day,’’ we reflect on tirement funds are there, and are safe. I heard one say: I don’t come out that awful and incredible day on Nor- Investment companies that manage here and bash it. I want to study every- mandy Beach with reverence for what PRAs would be required to have an in- thing and I want to look over all of was accomplished and for all that was surance plan to pay at least a min- these plans. lost, and with respect the people who imum of 2.5 percent. That would be a He hasn’t even seen the Governor’s were there—those who did not survive floor. Again, that is much better than plan. He doesn’t really know what Vice and those who did. Social Security, but at least it is a President AL GORE has got. But yet he Thousands of young Americans died guarantee if something would go wrong favors AL GORE over Governor Bush. that day establishing that small beach- you would at least have that as your Recent polls show most Americans head on the continent of Europe. With- investment. support the idea of personal retirement in a year, the Allied forces went on to In addition, you decide when you accounts. In fact, if you are under 40 crush the Nazi war regime and brought want to retire. As I said, right now the years old, more young people believe in forth on the European Continent an Government controls your retirement. UFOs than that they are going to get unprecedented period of peace. They tell you exactly how much they Social Security; 90-some percent of Today, we look back on that time are going to take out of your check, young people under 30 would opt into and we remember and respect what was they tell you exactly the day you can personal retirement accounts. done. retire, and then they tell you what I believe a national consensus can be When the cold war ended, the Wall they are going to give you in benefits. reached on ways to save and strength- came down and the Warsaw Pact dis- In our plan, you have those controls. en Social Security. There will always banded. The United States began to You make your retirement decisions. be a retirement system in this country. draw down forces from Europe for the As soon as you can buy an annuity that What kind of system are we going to first time since we had gone in on D- will keep you 150 percent over poverty, leave for our children and grand- Day and established a presence, and set you have met your requirement. You children? For many of us, if we are 50 up the plan to help our vanquished are not going to be a ward of the state. years old, 55 years old, or older, we enemy. You ensured your future. You can stop. might have been condemned to the cur- Military strategists began to talk of You can do what you want. You can ar- rent system without time left in our new missions for NATO. They spoke of range regular withdrawals, for the working lives to change or take the op- the need for NATO to go ‘‘out of area amounts that are above that require- tion in the personal retirement ac- or out of business,’’ implying that un- ment. To buy this minimum benefit, counts. We can tell our children and less NATO could find a new reason to you would need about $125,000 in your grandchildren we want to leave a 70- exist after the end of the Cold War, account. If you are an average worker percent tax system for them, we want there may be no reason for it to exist with earnings of $30,000, you would to leave them a plan that might guar- at all. have $855,000 in your account, so you antee they will get less benefits, pay can use that other $750,000 any way you more into it, and will have to wait That new mission began to come into want. longer to retire, or we can leave them focus in the Balkans five years ago If you have a family, you could have an option for them to invest in their when the United States committed $1.4 million. What are you going to do own retirement and have personal re- peacekeeping forces to Bosnia to en- with the other $1.2 million. You can do tirement accounts. force the provisions of the Dayton whatever you want with that money; The numbers show Americans over- Peace Accords. that is yours. You decide how you whelmingly say: I am smart enough to What was conceived by the adminis- withdraw it. If you want to go to Eu- handle my future. tration as a one-year mission to ac- rope? Write a check. Buy a new car? There are many in Washington who complish specific military objectives is You can do it. Give it to your kid. You believe you are not smart enough; you now in its fifth year—with greatly ex- can do it. may be smart enough to earn your panded civilian nation-building objec- In divorce cases, PRAs are treated as money, but you are not smart enough tives and no end in sight to the deploy- common property. Upon death, PRAs to put it aside for your retirement and ment. go to heirs without estate taxes; no only Washington can step in and help Today we are on the eve of another capital gains, so that at least you have you out. That’s wrong. Our plan em- anniversary in the search for new created an estate, and this $1.2 million power working Americans and offers NATO missions. One year ago, on June or $700,000 or whatever you had in your better options and gives you control 10, NATO halted the bombing in Serbia account is your money. over your retirement. and Kosovo. As in Bosnia, we again Going back to Social Security, when I thank the Chair. I yield the floor. have deployed thousands of American you die, you get a $253 death benefit. The PRESIDING OFFICER. Who forces to yet another Balkan quagmire Under this, you get a death benefit in yields time? The Chair recognizes the with unclear objectives—and there is our plan, a minimum, plus you would Senator from Texas. no end in sight to the Kosovo mission, get what is left in your estate, what- Mrs. HUTCHISON. Mr. President, is either. This time the ethnic groups we ever it might be. You can pass it on to there any procedural motion I need to seek to reconcile have not tired of the your heirs, your spouse, your kids, make to move forward? killing, apparently, and it continues as your church—wealth that you cannot The PRESIDING OFFICER. The time our soldiers stand by helpless to deter pass on today because the Government is under the control of the Senator murder. takes all those benefits. from Wyoming until the hour of 12 The General Accounting Office esti- Again, the bottom line is, no new noon. mates that the cost of our Balkan taxes for this system. We do have a re- Mrs. HUTCHISON. I thank the Chair. peacekeeping missions in Bosnia and sponsibility to bail ourselves out, but Mr. President, 56 years ago today, Kosovo now tops $23 billion. We have we are not taxing the system. Retire- 176,000 allied soldiers landed on the become mired in the problem, unable ment income is going to be there beaches of Normandy in what was the to stand back and assess where we are. whether you stay with Social Security, largest invasion in history. The oper- Nor are we able to look at the situa- or if you choose to build a personal re- ation was officially known as Oper- tion and say we must have a strategy.

VerDate Mar 15 2010 22:45 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06JN0.REC S06JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 6, 2000 CONGRESSIONAL RECORD — SENATE S4519 We know what this has cost our economic engine certainly reflects the The PRESIDING OFFICER. The Sen- country: For the past five years, re- best that mankind has to offer. How- ator’s time has expired. cruiting and retention problems in the ever, a superpower’s core responsibility Mr. CRAIG. Mr. President, I ask U.S. military services have been exac- is not to right every wrong, but to pre- unanimous consent that I be allowed to erbated by endless peacekeeping mis- serve its strength for those challenges proceed for 15 minutes. sions. Our armed services today are not that only a superpower can address. Mr. GREGG. Reserving the right to up to their congressionally mandated The United States must know when object, what was the Senator’s request? troop strength; they are at least 6,000 to encourage capable allies and proxies Mr. CRAIG. I asked to proceed for 15 short. to address contingencies that fall short minutes. I had yielded some time to As the world’s only superpower, we of that standard. Instead, time and the chairman of the Armed Services have a responsibility to lead. America again, our military readiness to ad- Committee. led when the parties first came to- dress potential threats—such as North Mr. GREGG. I suggest the absence of gether in Dayton, but the Dayton Korea, mainland China, Iraq—has been a quorum. Peace Accords simply stopped the diverted to contingency provisions on The PRESIDING OFFICER. The fighting. We did not create conditions the periphery of our nation’s security clerk will call the roll. that could actually solve the problem concerns. The legislative clerk proceed to call without the presence of thousands of America’s peacekeeping burden in the roll. outside forces. We ended the hos- the 1990s has resulted in two of our Mr. GREGG. Mr. President, I ask tilities—and we should be respectful of Army divisions reporting themselves unanimous consent that the order for that achievement—but we did not cre- unfit for combat. the quorum call be rescinded. ate effective economic and political We can achieve more in the Balkans The PRESIDING OFFICER. Without structures. than a peace enforced at bayonet tip. objection, it is so ordered. That must be our goal for a lasting We ought to tie our continued financial Mr. GREGG. Mr. President, I thank peace. As one American military support to a comprehensive regional the Senator from Idaho for his cour- peacekeeper said to me on a recent settlement, to substantial military tesy. I ask unanimous consent that he visit, ‘‘Everyone’s job in Bosnia is to withdrawal from the region and to a be allowed to proceed after I have com- work on the problems we face, but no firm policy of encouraging the Euro- pleted my statement. one seems to have the responsibility peans to do more—with our support, The PRESIDING OFFICER. Without for actually solving those problems.’’ which will always be there. objection, it is so ordered. We need to search for ways to solve Any NATO member can patrol the f these problems. Today I am intro- Balkans, but only the United States SIERRA LEONE ducing legislation to authorize funds to can defend NATO. That is the role of a reconvene the parties to the Dayton superpower, and that is the role of a Mr. GREGG. Mr. President, I want to Peace Accords that ended the Bosnia strong and reliable ally. speak about the issue of what is hap- conflict, those who were involved in As we take up the armed services pening in Africa, specifically in Sierra the Rambouillet talks that failed to budget this week, I hope we can take Leone. Recently, I have become in- avert the conflict in Kosovo and other on the role that is the responsibility of volved in this issue because, as chair- regional entities. We must review our the Senate and try to put some long- man of the Commerce, Justice, State, progress to date. If we cannot do that, term potential peace into play. I am and the Judiciary Subcommittee, we how can we call ourselves leaders? not saying I know what the outcome of have jurisdiction over the funds that We must look for a long-term settle- any kind of conference should be. But I flow to the U.N. for peacekeeping ac- ment based on greater self-determina- do know it is our responsibility to call tivity. In order to adequately do the tion for the governed and less by out- such a conference and begin to assess job as chairman of that subcommittee, side powers. That may involve tai- where we are; to look with vision to our job involves oversight of those loring current borders to fit the facts the future and set the standard that funds, to make sure they are being on the ground. It will create conditions must be set for the lasting peace that used effectively. After all, they are of genuine stability, reconstruction we want and hope for and will work for American tax dollars; Congress has and prosperity. It will allow us, in a re- and support in the Balkans. control of the purse strings; and we sponsible way, to set some timetables, The PRESIDING OFFICER. The have a major role in how those dollars some measurements for success, and, Chair recognizes the Senator from are spent. hopefully, to begin turning over these Idaho. I recognize fully, as all Members of peacekeeping responsibilities to our Mr. CRAIG. Mr. President, the unani- Congress do, that the key individual European allies within a reasonable mous consent agreement that we are who sets foreign policy is our Presi- time frame. operating under takes us through 12 dent. Even though we may disagree We must have self-determination noon, does it not? with our President, he does have that that works. The current policy wagers The PRESIDING OFFICER. It takes priority position. But there are, obvi- America’s reputation, prestige and will us through 12:30. ously, issues on which the Congress has on a mirage of multicultural democ- Mr. CRAIG. Through 12:30? a role in foreign policy—very signifi- racy in the Balkans. We are trying to The PRESIDING OFFICER. There is cant issues. One of them happens to be create governments that ignore his- a unanimous consent agreement that the funding of peacekeeping activities tory, nationality and ethnicity. Elec- Senator GREGG be given the time from and the role the United States should tions have been held in which refugees 12 to 12:15, and Senator REID the time play in that. So I have had very serious were bused into disputed regions to from 12:15 to 12:30. concerns about our policies in Sierra vote for elected officials who cannot Mr. CRAIG. I yield the floor to my Leone specifically—on a number of serve because they are unable to return colleague, the chairman of the Armed peacekeeping activities, but specifi- to their prewar homes. Services Committee, Senator WARNER, cally our policies in Sierra Leone. This American officers spend their days for a statement before I resume my is because of a number of issues that deciding which vehicles can travel time. have been raised there. down which roads, and escorting Serb The PRESIDING OFFICER. The Last year, the United States, regret- families in hostile Albanian territory Chair recognizes the Senator from Vir- tably, played a key role in imposing to the dentist and back or to the li- ginia. the Lome Accord on a brutalized Sierra brary and back. Mr. WARNER. I thank my distin- Leone. The accord granted a total am- This effort is diverting the United guished colleague. nesty to the Revolutionary United States from its global responsibilities. (The remarks of Mr. WARNER and Mr. Front, RUF, which is basically a gang We occupy a unique place in the world CRAIG pertaining to the introduction of of thugs that murders, rapes, and muti- today, standing astride history’s path S. 2669 are located in today’s RECORD lates people. Just about everybody in as the most powerful nation that ever under ‘‘Statements on Introduced Bills their path has come under their severe may have existed. Our supercharged and Joint Resolutions.’’) act of violence. In fact, they actually

VerDate Mar 15 2010 22:45 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06JN0.REC S06JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4520 CONGRESSIONAL RECORD — SENATE June 6, 2000 empower their soldiers—and they are sent me a letter laying out a new strat- work out the relationships between such an not really soldiers; many are very egy for a more just and lasting ap- operation and the UN, recognizing that for young boys—to cut off the arms of proach to peace in Sierra Leone that many countries a UN role is preferable—but women and children in order to make a gives me some reason for hope. I would we must ensure that the mandate is robust. Fourth, since there is virtually no real gov- point. This is a very common practice like to read from what his letter says ernment structure left in Sierra Leone, if the with this alleged military group called because I think it is an important ad- security situation can be stabilized a longer RUF, this gang of thugs. They have justment in American policy in Sierra term international effort will be needed to been terrorizing the country of Sierra Leone. I congratulate him for it. help build viable institutions in Sierra Leone. There is no question about that. First, he notes in his opening para- Leone. It will take time, but in the long run, Their leader, Foday Sankoh, and his graph that he has taken this issue and the rest of the effort will be unsuccessful if lieutenants, as part of the Lome agree- walked it through the administration it is not accompanied by this component. ment, as part of the understanding of and that he has support for his letter However, this cannot start until the situa- the Lome agreement—and this is why tion is stabilized, and there is no present from Secretary Albright, National Se- funding request for this function. Fifth (this it was such a horrendous agreement— curity Adviser Berger, and the head of is a point I failed to mention in our meeting) were given top spots in the ‘‘transi- the OMB, Jack Lew. Reading para- we must develop a corresponding political tion’’ government and guaranteed RUF graphs from his letter: strategy for dealing appropriately with Libe- control over the Sierra Leone diamond You asked for a letter encapsulating our ria’s President, Charles Taylor, and with the mines, which is basically the core of discussion on Sierra Leone and Congo. After illicit diamond trade that fuels conflict and the element of how they generate their close consultation with Secretary Albright, criminality in the region. revenues. let me review where we stand on each issue: That is a reading of two of the major It is inexcusable that we were party First, Sierra Leone. Let me posit five prin- paragraphs in this letter. to the Lome agreement and that we ciples that we will use to govern our policy. Mr. President, I ask unanimous con- First, the United States does not believe therefore empowered these war crimi- that Foday Sankoh should play any role sent the letter be printed in the nals to take office and to have control whatsoever in the future political process in RECORD. over basically the only significant eco- Sierra Leone, and we will continue to press There being no objection, the mate- nomic resource of the country of Sierra this point. He must be held accountable for rial was ordered to be printed in the Leone. So I was more than upset about his actions. RECORD, as follows: this. I believed it was essentially a sur- This is a significant change in policy, THE REPRESENTATIVE OF THE render in the face of criminal violence. in my opinion, and it is a positive one. UNITED STATES OF AMERICA TO As a result, I did put a hold —not tech- Second, we strongly support the British THE UNITED NATIONS, nically a hold, but I actually refused to military presence in Sierra Leone, which has May 30, 2000. approve a transfer of peacekeeping played a key role in restoring a measure of Hon. JUDD GREGG, funds for the Sierra Leone initiative. I stability to Freetown. We are discussing U.S. Senate, Washington, DC. began exploring alternatives to this, with the British their continuing role, and on May 23 London announced an important DEAR MR. CHAIRMAN: Allow me to thank what I believed was an extraordinarily training program for Sierra Leone army, you again for your courtesy and for our ex- unjust accord. In response to my con- something that they will undertake at their change of views on peacekeeping issues. I cerns, U.S. Ambassador to the U.N. own expense outside the U.N. system. know the Secretary also appreciates your discussion with her on May 20, and I would Holbrooke and his staff took on the dif- This, again, is positive news that the ficult task of crafting a better ap- like to follow up on both conversations. I British will be a stabilizing force there, have shared our discussions with Secretary proach to this issue. which will be armed and know how to Since my ‘‘hold’’ became news, I have Albright, Sandy Berger, and Jack Lew, all of defend itself. whom expressed their appreciation of your been sharply criticized by some, in- Third, the objective should be to ensure decision to release the funds for Kosovo and cluding some in the U.N. and the State that regional and international forces in Si- for your readiness to meet with the Aus- Department, and even—not even, but erra Leone, together with the armed forces tralian Ambassador to resolve the East not surprisingly, really—the Wash- of the government of Sierra Leone, have the Timor peacekeeping ‘‘hold.’’ ington Post, which recently accused capacity to disrupt RUF control of Sierra You asked for a letter encapsulating our me of ‘‘playing at foreign policy,’’ im- Leone’s diamond producing areas, the main discussion on Sierra Leone and Congo. After plying that serious students of world source of RUF income. Completely elimi- close consultation with Secretary Albright, nating them as a military force is not likely let me review where we stand on each issue: affairs would not question U.S. support First, Sierra Leone. Let me posit five prin- for the Lome Accord. I simply point to be possible as an acceptable cost, but sharply reducing their sources of financial ciples that we will use to govern our policy. out that I think a lot of serious stu- support and restricting their capability to First, the United States does not believe dents of foreign policy question the de- threaten the people or government of Sierra that Foday Sankoh should play any role cision to support that accord. Leone is within reach of sufficient numbers whatsoever in the future political process in Meanwhile, in Sierra Leone itself, of properly trained, equipped, and well-led Sierra Leone, and we will continue to press the RUF, as a result of Lome in large troops and is vitally important. this point. He must be held accountable for part, continued to terrorize civilians That is to paraphrase a much more his actions. Second, we strongly support the and even challenge the U.N. peace- British military presence in Sierra Leone, robust mission directive and portfolio which has played a key role in restoring a keepers. By last month, the RUF was and is exactly what needs to be done. measure of stability to Freetown. We are dis- marching on Freetown in complete vio- The most likely nations to carry the bur- cussing with the British their continuing lation of the Lome Accord. In fact, of den would be Nigeria and Ghana, with the role, and on May 23 London announced an course, they have humiliated the U.N. backing of other ECOWAS states. Other na- important training program for the Sierra mission in Sierra Leone, which was tions who are already rushing troops to Si- Leone army, something that they will under- supposed to disarm them. It actually erra Leone include India, Jordan and Ban- take at their own expense outside the UN ended up being disarmed by them, and gladesh. Most potential troop contributors system. Third, the objective should be to en- much of the military equipment that is from the region are likely to require better sure that regional and international forces equipment and training if they are to con- in Sierra Leone, together with the armed being used there by the RUF is U.N. tribute meaningfully. Pentagon and EUCOM forces of the Government of Sierra Leone, equipment taken from U.N. advisers. assessment teams are studying the issue ur- have the capacity to disrupt RUF control of Thus, the mission of the U.N., as a re- gently. If our objectives are to be accom- Sierra Leone’s diamond producing areas, the sult of being an outgrowth of the Lome plished, the U.S. will need to be ready, with main source of RUF income. Completely Accords, which were so disgraceful, is congressional support and funding, to pro- eliminating them as a military force is not in disarray. Today, all that stands be- vide our share of international effort to pro- likely to be possible at an acceptable cost, tween the RUF and total control of Si- vide equipment and training to those who but sharply reducing their sources of finan- erra Leone is the British and Nigerian are willing to do the military job—including cial support and restricting their capability the government of Sierra Leone and other to threaten the people or Government of Si- troops who have come in to try to sta- countries in the region. Any direct training erra Leone is within reach of sufficient num- bilize the situation. of contributing country troops by U.S. mili- bers of properly trained, equipped, and well- And what of the U.S. policy? Fol- tary personnel would be done outside Sierra led troops and is vitally important. lowing our most recent meeting 2 Leone and no U.S. combat troops would be The most likely nations to carry the bur- weeks ago, Ambassador Holbrooke has deployed to Sierra Leone. We will have to den would be Nigeria and Ghana, with the

VerDate Mar 15 2010 22:45 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06JN0.REC S06JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 6, 2000 CONGRESSIONAL RECORD — SENATE S4521 backing of other ECOWAS states. Other na- As we both said to you, neither the Sec- Leone and the region, Ambassador tions who are already rushing troops to Si- retary nor I are certain that Lusaka will Holbrooke’s plan seeks a ‘‘political erra Leone include India, Jordan and Ban- succeed. But we are certain that Lusaka will strategy for dealing appropriately with gladesh. Most potential troop contributors fail if the UN does not take the next series Liberia’s President, Charles Taylor, from the region are likely to require better of steps to support it, as called for by all par- equipment and training if they are to con- ties. The recent progress supports this view, and with the illicit diamond trade that tribute meaningfully. Pentagon and EUCOM I believe. fuels conflict and criminality in the re- assessment teams are studying the issue ur- For the United States, this will require the gion.’’ The RUF is in large part Tay- gently. If our objectives are to be accom- unblocking of $41 million of reprogrammed lor’s proxy. Under Lome, Taylor’s suc- plished, the U.S. will need to be ready, with peacekeeping funds for the current fiscal cess in seizing the riches of Sierra congressional support and funding, to pro- year for Congo. We believe that this request Leone could invite a similar attack on vide our share of an international effort to does not put our national prestige on the Guinea. line; it is a UN operation (with no U.S. provide equipment and training to those who Lome is dead. The U.S. will not turn are willing to do the military job—including troops in the UN operation). However, if we the governments of Sierra Leone and other do not pay our share, we are concerned that a blind eye to the rape of a people and countries in the region. Any direct training the UN will be unable to bring in adequate a land. We will demand that brutal of contributing country troops by U.S. mili- and properly equipped troops, and the result- thugs are held accountable for their tary personnel would be done outside Sierra ing failure of the mission will be attributed, atrocities, and regional trouble-mak- Leone and no U.S. combat troops would be however unfairly, to the United States. ers. deployed to Sierra Leone. We will have to Our arrears on the current operation in Si- Why the change? I do not flatter my- work out the relationship between such an erra Leone limit our ability to promote ef- self that my ‘‘hold’’ did all of this, but fectively the critical policy objectives out- operation and the UN, recognizing that for it did give those of us who opposed the many countries a UN role is preferable—but lined in this letter. More broadly, failure to we must ensure that the mandate is robust. pay our share of these missions risks seri- Lome Accord a chance to right a ter- Fourth, since there is virtually no real gov- ously undermining our all-out effort to carry rible wrong. And to his credit, Ambas- ernment structure left in Sierra Leone, if the the Helms-Biden reform package, on which sador Holbrooke has crafted a forceful security situation can be stabilized a longer we are making real progress. You will note plan, and vetted it through the inter- term international effort will be needed to several recent news articles regarding our agency process in record time. It is a help build viable institutions in Sierra forward movement on a wide range of issues, plan that I believe Americans can and Leone. It will take time, but in the long run, including the admission of Israel to a UN re- gional grouping (after 40 years!), the new should support, and can be proud of. the rest of the effort will be unsuccessful if Therefore, I am releasing my hold on it is not accompanied by this component. GAO report that shows UN progress, and the However, this cannot start until the situa- first debate in 27 years on revising the UN the $50,000,000 owed the U.N. for peace- tion is stabilized, and there is no present peacekeeping scale. All this forward move- keeping in Sierra Leone. I will also funding request for this function. Fifth (this ment will greatly benefit from your support press ahead to ensure that my provi- is a point I failed to mention in our meeting) and I thank you for your thoughtful involve- sion blocking the illicit sale of dia- we must develop a corresponding political ment in this process. monds from Sierra Leone and other strategy for dealing appropriately with Libe- I hope this letter is responsive to your re- war-torn countries is included in the quest. If I can be of any further assistance, ria’s President, Charles Taylor, and with the final version of the fiscal year 2001 illicit diamond trade that fuels conflict and please do not hesitate to contact me or my criminality in the region. colleagues in the State Department. military construction appropriations On the Congo, the problems are still Sincerely, bill. Finally, I look forward to working daunting, but there has been some real RICHARD C. HOLBROOKE. with Ambassador Holbrooke and his movement since I first discussed this issue Mr. GREGG. Mr. President, this let- staff to ensure that the strategy laid with you in late February: ter obviously, in my opinion, is a very out in his letter is supported by Con- (A) On May 4, in my presence, the Kabila positive step in the redirection of gress. Government signed the Status of Forces I thank the Chair. I thank the Sen- Agreement with the UN—an essential pre- American policy in Sierra Leone. I con- condition for any UN deployment; gratulate Ambassador Holbrooke for ator from Idaho for his courtesy. (B) Kabila has said he would accept South organizing the letter. The PRESIDING OFFICER. The African troops; Whereas the Article V and IX of the Chair recognizes the Senator from (C) The Lusaka parties signed a new cease- Lome Accord granted Foday Sankoh Idaho. fire agreement effective April 14, calming the Vice Presidency of Sierra Leone Mr. CRAIG. Mr. President, thank you the situation on the ground considerably; very much. (D) The UN Security Council Mission nego- and an ‘‘absolute and free pardon,’’ tiated on May 8 a cease-fire between the Ambassador Holbrooke’s plan makes it f Ugandans and Rwandans who were fighting clear that Foday Sankoh can play no THE SECOND AMENDMENT in Kisangani (Congo’s third largest, and per- role in the politics or government of Mr. CRAIG. Mr. President, I appear haps most strategic, city); Regional leaders Sierra Leone and that ‘‘he must be held on the floor to speak about a provision subsequently secured agreement between accountable for his actions.’’ This Rwanda and Uganda on a detailed disengage- of the Constitution of our country that when as late as a month ago State De- ment plan; has been under nearly constant attack partment officials were still being (E) The Presidents of Rwanda and Uganda for 8 years. In fact, we heard on the asked for immediate UN assistance in sup- quoted as saying that Sankoh’s ‘‘voice floor this morning two Senators speak port of demilitarizing Kisangani; was positive’’ and that he ‘‘has a about provisions in law that would (F) All the parties to the war in the Congo chance to play a positive role.’’ Now, alter a constitutional right. have asked for the UN observer mission as we will recognize him for what he is, a soon as possible to implement the Lusaka The provision I am talking about is Ceasefire Agreement; war criminal, and treat him as such. part of our Bill of Rights—the first 10 Whereas Annex 1 and Articles V and (G) The South Africans sent a high-level amendments to our Constitution— VII of the Lome Accord left Foday military mission in New York to discuss which protect our most basic rights their role in Congo, and the Pakistanis Sankoh and the RUF in control of Si- from being stripped away by an overly (among others) are about to send troops. The erra Leone’s diamonds, Ambassador zealous government, including rights South Africans met with a joint State Pen- Holbrooke’s plan rightly strips Sankoh that all Americans hold dear: tagon-NSC team to discuss close coordina- of his chairmanship of the diamond tion. The freedom to worship according to Of course, not all the news from Congo is control board and insists that ‘‘allied’’ one’s conscience; positive. While progressing, the political dia- forces ‘‘have the capacity to disrupt The freedom to speak or to write logue called for by Lusaka is off to a slow RUF control of Sierra Leone’s diamond whatever we might think; start; the UN and the OAU military observer producing areas, the main source of The freedom to criticize our Govern- missions have not meshed sufficiently; some RUF income.’’ Under Lome, peace- ment; of the rebels still violate the cease-fire on keepers did no more than oversee the And, the freedom to assemble peace- occasion; and there are many other lesser looting of Sierra Leone. Now, inter- problems. Still there is a real desire for some fully. resolution to these issues by most parties. national troops will fight alongside Among the safeguards of these funda- What is required next is a step-by-step test local forces to expel the RUF from the mental rights, we find the Second of their commitments to implement their diamond fields. Amendment. Let me read it clearly: own ‘‘African agreement for an African prob- Whereas the Lome Accord was silent A well regulated Militia, being necessary lem.’’ This is one of our highest priorities. on root causes of violence in Sierra to the security of a free State, the right of

VerDate Mar 15 2010 22:45 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06JN0.REC S06JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4522 CONGRESSIONAL RECORD — SENATE June 6, 2000 the people to keep and bear Arms, shall not government and prior to the social con- that number would have to be over 13 be infringed. tract of our Constitution. It is the times too high for our opponents to be I want to repeat that. right that government did not create correct when they say that guns are The second amendment of our Con- and therefore it is a right that under used to kill more often than they are stitution says very clearly that ‘‘A our Constitution the government sim- used to protect. What they have been well regulated Militia’’ is ‘‘necessary’’ ply cannot take away. The framers of saying here and across America simply for the ‘‘security of a free State,’’ and our Constitution understood this clear- isn’t true and the facts bear that out. that ‘‘the right of the people to keep ly. Therefore, they did not merely ac- We are not debating the tragedy. We and bear Arms, shall not be infringed.’’ knowledge that the right exists. They are debating facts at this moment. What we heard this morning was an denied Congress the power to infringe They cannot come up with 2.5 million effort to infringe upon that right. upon that right. gun crimes. But clearly, through sur- Some—even of my colleagues—will Under the social contract that is the veys, we can come up with 2.5 million read what I have just quoted from our Constitution of the United States, the crimes thwarted every year when Constitution quite differently. They American people have told Congress someone used a gun in defense of them- might read ‘‘A well regulated Militia,’’ explicitly that we do not have the au- selves or their property. In many cases, and stop there and declare that ‘‘the thority to abolish the American peo- armed citizens not only thwarted right of the people to keep and bear ple’s right to defend themselves. Fur- crime, but they held the suspect until Arms’’ actually means that it is a right ther, the framers said not only does the the authorities arrived and placed that of our Government to keep and bear Congress not have the power to abolish person in custody. Stories of people defending them- arms because they associate the mili- that right, but Congress may not even selves with guns do not make the tia with the government. Yet, under infringe upon that right. That is what nightly news. It just simply isn’t news this standard, the Bill of Rights would our Constitution says. That is what the in America. It isn’t hot. It isn’t excit- protect only the right of a government Second Amendment clearly lays out. ing. It is American. Sometimes when to speak, or the right of a government Our Founding Fathers wrote the Sec- people act in an American way, it sim- to criticize itself, if you were taking ond Amendment to tell us that a free ply isn’t reportable in our country any- that same argument and transposing it state cannot exist if the people are de- more. So the national news media over the first amendment. In fact, the nied the right or the means to defend Bill of Rights protects the rights of doesn’t follow it. themselves. Yet two of the school shootings that people from being infringed upon by Let me repeat that because it is so have brought gun issues to the fore- Government—not the other way fundamental to our freedom. A free front in the last year, in Pearl, MS, around. state cannot exist, our free state of the and Edinboro, PA, were stopped by Of course, we know that our Found- United States collectively, cannot peaceful gun owners using their weap- ing Fathers in their effort to ratify the exist without the right of the people to ons to subdue the killer until the po- Constitution could not convince the defend themselves. This is the meaning lice arrived. How did that get missed in citizens to accept it until the Bill of of the Second Amendment. Over the the story? It was mentioned once, in Rights was established to assure the years a lot of our citizens and many passing, and then ignored as people ran citizenry that we were protecting the politicians have tried to nudge that to the floor of the Senate to talk about citizens from Government instead of definition around. But contrary to the tragedy of the killing. Of course government from the citizens. what the media and the President say, the killing was a tragedy, but it was Others say that the Second Amend- the right to keep and bear arms is as also heroic that someone used their ment merely protects hunting and important today as it was 200 years constitutional right to save lives in the sport shooting. They see shooting com- ago. process. petitions and hunting for food as the Every day in this country thousands A third school shooting in Spring- only legitimate uses of guns, and, of peaceful, law-abiding Americans use field, OR, was stopped because some therefore, conclude that the Second guns to defend themselves, their fami- parents took time to teach their child Amendment is no impediment to re- lies, and their property. Oftentimes, the wise use of guns. So when that stricting gun use to those purposes. complete strangers are protected by young man heard a particular sound You can hear it in the way President that citizen who steps up and stops the coming from the gun, he was able to Clinton assures hunters that his gun thief or the stalker or the rapist or the rush the shooter, because he knew that control proposals that will not trample murderer from going at that citizen. gun had run out of ammunition. He was on recreation—though his proposals According to the FBI, criminals used used to guns. He was around them. He certainly walk all over their rights. guns in 1998 380,000 times across Amer- subdued the shooter and saved poten- In fact, the Second Amendment does ica. Yet research indicates that peace- tially many other lives. We have recog- not merely protect sport shooting and ful, law-abiding Americans, using their nized him nationally for that heroic hunting, though it certainly does that. constitutional right, used a gun to pre- act, that young high school student of Nor does the second amendment exist vent 2.5 million crimes in America that Springfield, OR. to protect the government’s right to year and nearly every year. In fact, I For some reason, my colleagues on bear arms. believe the benefits of protecting the the other side of the aisle never want The framers of our Constitution people’s right to keep and bear arms to tell these stories. They only want to wrote the Second Amendment with a far outweighs the destruction wrought say, after a crisis such as this, ‘‘Pass a greater purpose. by criminals and firearms accidents. new gun control law and call 9–1–1.’’ They made the Second Amendment The Centers for Disease Control report Yet these stories are essential to our the law of the land because it has 32,000 Americans died from firearm in- understanding of the right of people to something very particular to say about juries in 1997; under any estimate, that keep and bear arms. the rights of every man and every is a tragedy. Unfortunately, the Cen- I will share a few of these stories woman, and about the relationship of ters for Disease Control do not keep right now. Shawnra Pence, a 29-year- every man and every woman to his or data on the number of lives that were old mother from Sequim, WA, home her Government. That is: The first saved when guns were used in a defen- alone with one of her children, heard right of every human being, the right sive manner. an intruder break into the house. She of self-defense. Yet if we were to survey the public took her .9 mm, took her child to the Let me repeat that: The first right of every year, we would find 400,000 Amer- bedroom, and when the 18-year-old every human being is the right of self- icans report they used a gun in a way criminal broke into the bedroom, she defense. Without that right, all other that almost certainly saved either said, ‘‘Get out of my house, I have a rights are meaningless. The right of their life or someone else’s. Is that es- gun, get out now.’’ He left and the po- self-defense is not something the gov- timate too high? Perhaps. I hope it is, lice caught him. She saved her life and ernment bestows upon its citizens. It is because every time a life is saved from her child’s life. It made one brief story an inalienable right, older than the violence, that means that someone was in the Peninsula Daily news in Sequim, Constitution itself. It existed prior to threatening a life with violence. But WA.

VerDate Mar 15 2010 22:45 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06JN0.REC S06JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 6, 2000 CONGRESSIONAL RECORD — SENATE S4523 We have to talk about these stories And we must not tolerate the politi- being transported across the country because it is time America heard the cian who simply says: ‘‘Pass another by bus with a dozen or more other pris- other side of this debate. There are 2.5 gun control law and call 9–1–1.’’ oners, this child killer escaped. While million Americans out there defending I yield the floor. stopped at a gas station, two guards themselves and their property by the The PRESIDING OFFICER. The with this private company were sleep- use of their constitutional right. Chair recognizes the Senator from ing; another was apparently buying a In Cumberland, TN, a 28-year-old North Dakota. cheeseburger. Kyle Bell went out Jason McCulley broke into the home of Mr. DORGAN. Mr. President, I ask through the top of the bus and this Stanley Horn and his wife, tied up the unanimous consent I be recognized for child killer walked away. couple at knife-point, and demanded to 15 minutes. When I discovered what had hap- know where the couple kept some cash. The PRESIDING OFFICER. Without pened, I thought to myself, that cannot While Mrs. Horn was directing the rob- objection, it is so ordered. be. We are turning child killers over to ber, Mr. Horn wriggled free from his re- Mr. DORGAN. Mr. President, with private companies to be transported straints, retrieved his handgun, shot great respect to my colleague from across the country? But it is true. Then the intruder, and then called the po- Idaho, and I did not come to the floor I discovered the record of these compa- lice. The intruder, Jason McCulley, of the Senate to talk about this, let me nies. You can be a retired sheriff and subsequently died. If some Senators on say when any of my colleagues stand call your brother-in-law and say: Let’s the other side of the aisle had their up and talk about gun control issues buy a mini van and let’s go into the way, perhaps the Horns would have that the minority wishes to pursue—let business of transporting criminals. In been killed and Jason McCulley would me explain in a sentence or so what we fact, in one state, a man and his wife have walked away. are trying to do. It is not to restrict showed up with a little mini van to Earlier today, we heard the Senator the opportunity of anyone in this coun- pick up five convicted murderers. The from Illinios and the Senator from try who has the right to own a gun. We warden of the penitentiary said: You California read the names people killed are trying to close the gun show loop- have to be kidding me. They weren’t by guns in America. Some day they hole to prevent convicted felons from kidding. That is who the State hired to may read the name Jason McCulley. I getting a gun. transport these murderers. And of doubt they will tell you how he died, Go to a gun store to buy a gun in this course the murderers escaped in short however, because it doesn’t advance country and you must run your name order. their goal of destroying the Second through an instant check because we What I have discovered is we have Amendment. But As Paul Harvey do not want convicted felons to have private companies being hired by State might say: Now you know the rest of weapons. They cannot, by law, possess and local governments to transport the story. weapons. Go to a gun store and you violent criminals around the country, Every 13 seconds this story is re- have to run your name through an in- and those companies have no require- peated across America. Every 13 sec- stant check. If it comes up that you ment to meet any standards at all. onds in America someone uses a gun to are a convicted felon, you do not get That doesn’t make any sense. stop a crime. Why do our opponents the gun. But go to a gun show on a Sat- I have introduced a piece of legisla- never tell these stories? Why do the en- urday morning as a convicted felon and tion I call Jeanna’s Bill that says if emies of the right to keep and bear buy a gun and you do not have to have any local or State government is going arms ignore this reality that is relived your name checked against anything. to contract with a private company to by 2.5 million Americans every year? Go get your gun at a gun show, if you haul a violent criminal, they must Why is it that all we hear from them are a convicted felon and want a weap- meet some basic standards. They must is, ‘‘Pass a new gun control law, and, on. We are trying to close that loop- meet some regulations. If you haul by the way, call 9–1–1.’’ hole. toxic waste, you must meet regula- I encourage all listening today, if you Every American should support clos- tions. Haul cattle, you must meet regu- have heard of someone using their Sec- ing that loophole and should support it lations. Haul circus animals, you must ond Amendment rights to prevent a now. That does not affect any law-abid- meet regulations. But some of our crime, to save a life, to protect another ing citizen’s right to own a gun. All it States and local governments are will- life, then send us your story. There are does is says let’s keep guns out of the ing to turn killers over to private com- people here who desperately need to hands of felons. No one in this Chamber panies who have no such standards to hear this in Washington, right here on should believe convicted felons ought meet at all. Capitol Hill. This is a story that should to be able to go into a gun show and I received a letter in the last few be played out every day in the press gain access to a weapon they are not days from the Governor of Nevada. I but isn’t. So let’s play it out, right by law entitled to have. want to say I pass him my com- here on the floor of the Senate. Send I did not come to the floor to speak pliments. The Governor of Nevada was me those stories from your local news- about that, but I did want to respond sending a convicted murderer named papers about that law-abiding citizen to the pejorative suggestion that peo- James Prestridge to North Dakota for who used his constitutional right of ple on this side of the aisle want to in- safekeeping under the Prisoners Ex- self-defense. Send that story to me, jure the rights of law-abiding citizens change Agreement. Mr. Prestridge, Senator LARRY CRAIG, Washington, DC, to possess weapons. That is just wrong. along with another fellow convicted of 20510, or send it to your own Senator. We are trying to close a loophole that armed robbery, was being hauled to Let him or her know the rest of the every American ought to support clos- North Dakota by a company that is story of America’s constitutional ing—to keep felons from getting guns. called Extraditions International. rights. f Mr. Prestridge, this convicted mur- I ask unanimous consent to proceed derer, escaped, as did John Doran, an for one more moment. INTERSTATE PRISONER armed robber. Mr. Doran was found The PRESIDING OFFICER. Without TRANSFERS just south of the Mexican border with a objection, it is so ordered. Mr. DORGAN. Mr. President, this is a bullet through his brain, and Mr. Mr. CRAIG. Having said all of this, picture of a man named Kyle Bell. This Prestridge was recently apprehended. I let there be no mistake. Guns are not brutal criminal killed Jeanna North, wrote to the Governor of Nevada and for everyone. We restrict children’s ac- an 11-year-old girl from Fargo, ND. said: I hope if you still intend to send cess to guns and we restrict criminals’ After being convicted and impris- this convicted murderer to North Da- access to guns, but we must not tol- oned, Kyle Bell escaped. How did he es- kota you will do it through the U.S. erate politicians who tell us that the cape? When North Dakota authorities Marshals Service. They will haul vio- Second Amendment only protects the were going to transport him to a prison lent offenders anywhere across this right to hunt. We must not tolerate out of State for safekeeping, a prison country for a flat fee and they don’t politicians who infringe upon our right in the State of Oregon, they contracted lose them. to defend ourselves from thieves and with a private company called I got a letter back from the Governor stalkers and rapists and murderers. TransCor to haul him there. As he was of Nevada. He said:

VerDate Mar 15 2010 22:45 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06JN0.REC S06JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4524 CONGRESSIONAL RECORD — SENATE June 6, 2000 In response to your request that Nevada we don’t like the way they behave, so deal with the broader appropriations stop using private transport companies, we are going to slap economic sanc- issues that do not include this provi- please be advised our prison system has tions on these countries and we have sion. ceased its business relationship with Extra- ditions International and that all of this included sanctions on the shipment of We have spent a lot of time on this State’s out of state inmate transfers are now food and medicine. So countries such issue. This country is wrong in apply- as Libya, Iran, Cuba, North Korea, and being staffed by our prison system. ing sanctions with respect to food and others, are in a circumstance of having Good for him. He said, incidentally, medicine shipments to countries such economic sanctions enacted against Mr. Prestridge is now not going to be as Cuba. Yes, Cuba. sent to North Dakota. Good for us. them to punish them, and we have in- But good for him that he changed the cluded in those sanctions food and I was in Cuba last year. I have no policy. In our State, in the most recent medicine. truck with the Castro government. I days, the company that let this fellow A group of us are trying to change think the Cuban government and its go, the company whose negligence al- that. We do not think it is the moral economic system have collapsed. But lowed a convicted child killer to walk thing to do. What is this country doing, the sanctions that exist with respect to away and evade authorities for some saying to others that we will not allow this country’s actions against Cuba months, settled with the State for them to have access to food and medi- have represented Fidel Castro’s great- $50,000. The State sent them a bill for cine? Taking aim at dictators and est excuse to the Cuban people. He $102,000 and the company said: We hurting poor people, sick people, and says: Of course my economy does not won’t pay it. We’d pay you $50,000. And hungry people is hardly something work; of course my country is in trou- then the State says this company is a about which we ought to be proud. This ble. The United States has had its fist pretty good company and we will use is not a moral policy. around our neck for 40 years. them again. I come from a farm State, so I care My State is making a mistake, in my about having access to these markets It is Fidel Castro’s greatest excuse, judgment. I would like every State to as well. I admit that. Aside from the in my judgment, for an economic sys- make a decision when they are going to market side of this, which is impor- tem that has failed Cuba. It does not transport violent criminals around this tant—after all, these countries against make sense, in my judgment, for us to country, do it with law enforcement of- whom we have sanctions on food and exact a penalty on the Cuban people, ficials, do it with the U.S. Marshals medicine represent almost 11 percent on poor people, on hungry people, and Service. They will do it for a flat fee of the world’s wheat markets, and we on sick people in Cuba, in North Korea, and then some American family won’t have said to our farmers: By the way, and elsewhere to continue these absurd have to worry that, when they pull up 11 percent of the world’s wheat market sanctions on food and medicine. at a gas station, next to them at the is off limits to you. Why? Because we We can have a broader discussion at pump is a mini van with two inexperi- decided we do not like these countries some other time about whether the em- enced folks hauling three murderers. and we are going to make them pay a bargo that exists with Cuba ought to be What is that about, in terms of public price. Part of the price we are going to lifted. That is a different subject, a safety? exact is the ability for them to access broader subject. Incidentally, I have It seems to me we ought to have food and medicine from the United enough common sense in this country strong feelings about that as well. This States. is a narrower issue: Do we believe it ap- when we have convicted someone of Of course, other countries access it propriate to continue sanctions with killing children, when we have con- from Canada, Europe, or others. We are victed someone of murder or violent the country that decides to withhold respect to the shipment of food and crimes, at least we ought not to turn food and medicine from these coun- medicine to countries such as Cuba, them into the arms of someone inexpe- tries. North Korea, Iran, and others? The an- rienced in the private sector, a com- Last year, we had a vote in the Sen- swer ought to be a resounding no. pany that has to meet no standards at ate on that. Senator ASHCROFT, I, and My colleague, Senator SLADE GORTON all with which to transport them. That many others who pushed to repeal the from the State of Washington, is in the doesn’t make any sense to me. sanction on food and medicine won Chamber. He was a cosponsor of this in So I say to the Governor of Nevada: with 70 out of 100 votes. We were hi- Good for you. It is the right decision. I the Senate Appropriations Committee. jacked by the House of Representatives He, I, and JOHN ASHCROFT have issued a would say to our State: Change your in conference. I was one of the con- mind. Decide this company should not statement that says to all within hear- ferees. They just flat out hijacked us. ing distance that if you think you are haul violent offenders in North Dakota When it was clear to them we were and that when you are going to trans- going to hijack this issue again this going to win the issue in conference, year, think again, because we have 70 port a violent offender, the U.S. Mar- they adjourned the conference, never shals Service ought to be used to do it. votes in the Senate that say we ought I say to every State official across to see them again, and they stripped not use food and medicine as a weapon, the provision. and we intend to insist this year that this country: Until we get in place I offered the same provision in the basic standards these companies must Senate Appropriations Committee, and we prevail on this issue. meet, you ought not use them for it is now in the Agriculture appropria- I cannot speak for anybody else, but transporting violent offenders. Were I a tions bill. That is coming to the floor the statement we issued is pretty self- chief executive of a State, I would not of the Senate. We have 70 Senators who explanatory. I am here to give fair use them anyway because I do not said they think it is wrong to continue warning to those who want to do what think people who kill children, as in sanctions on food and medicine. The they did last year that it is going to be the case of Kyle Bell, ought to be message in the Senate is: Stop using a pretty difficult proposition if they in- turned over to anyone other than law food as a weapon. It is the right mes- tend to hijack this issue. We have the enforcement authorities to transport sage. them to another place of incarceration. votes. Vote on it in the Senate, and it There are a lot of people in the House will pass by an overwhelming margin. f of Representatives who apparently are Allow a vote in the House, and it will SANCTIONS ON EXPORT OF FOOD willing to do that except for Cuba; pass by an overwhelming margin. The AND MEDICINE Cuba is a special case, and they will only way those who want to defeat this Mr. DORGAN. Mr. President, I want not withdraw sanctions on food and proposition because it contains Cuba— to speak about an issue that is of great medicine with respect to Cuba. In fact, which is an irrational position, for importance to my State and to all agri- that is what derailed it last year. those who think through this a little cultural producers around the country. I am one person, but I tell my col- leagues that I am not going to allow, bit—the only way they can possibly de- That is the issue of the sanctions on feat it is to try to use some hijinks in food and medicine that now exist in to the extent I can prevent it, the hi- the process to avoid an up-or-down our relationships with some countries jacking of this issue again this year by vote. around the world. just two or three people who decide Our country has been in the habit of they are going to strip this provision I and others intend to see we have a saying: We don’t like certain countries, and then have the House and Senate full opportunity to have votes in the

VerDate Mar 15 2010 22:45 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06JN0.REC S06JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 6, 2000 CONGRESSIONAL RECORD — SENATE S4525 House and the Senate on it. If the Mr. WARNER. I am ready to proceed. military medical program to, in the fu- House leadership does what it did last I ask my distinguished friend and ture, encompass retirees over age 65. I year, I say to them: Fair warning, I am colleague from Michigan if he is like- shall address this later, and I am sure going to be here on the floor of the wise ready to go. the Senator from Michigan is aware I Senate objecting to a whole series of Mr. LEVIN. We are indeed. I thank would like to have that as the first things. We need to straighten this out the Senator. amendment up. That was my under- now. This country, at this time, on this The PRESIDING OFFICER. The standing. issue, says we will no longer use sanc- clerk will report the bill by title. Mr. LEVIN. If the Senator will with- tions with respect to the shipment of The assistant legislative clerk read hold on any unanimous consent request food and medicine. It does not work, it as follows: relative to that, I am trying to see if is not a moral policy, and it ought to A bill (S. 2549) to authorize appropriations we have been informed of it. Of course, stop now. for fiscal year 2001 for military activities of the Senator has a right to offer it. I yield the floor. the Department of Defense, for military con- Mr. WARNER. I am not able to hear struction, and for defense activities of the f Department of Energy, to prescribe per- my colleague. sonnel strengths for such fiscal year for the Mr. LEVIN. Mr. President, I wonder, CONCLUSION OF MORNING Armed Forces, and for other purposes. is this the amendment to which the BUSINESS AMENDMENT NO. 3173 Senator made reference this morning? The PRESIDING OFFICER. Under (Purpose: To extend eligibility for medical Mr. WARNER. The Senator is cor- the previous order, morning business is care under CHAMPUS and TRICARE to rect. concluded. persons over age 64) Mr. REID. Mr. President, is there a unanimous consent request pending f Mr. WARNER. Mr. President, I send an amendment to the desk and ask for now? RECESS its immediate consideration. The PRESIDING OFFICER. There is The PRESIDING OFFICER. Under The PRESIDING OFFICER. The none. Mr. LEVIN. I believe the only request the previous order, the Senate stands clerk will report. either pending, or perhaps already in recess until the hour of 2:15 p.m. The legislative clerk read as follows: granted, is to withhold reading of the Thereupon, at 12:47 p.m., the Senate The Senator from Virginia [Mr. WARNER], amendment. Is that correct? recessed until 2:30 p.m.; whereupon, the for himself, Mr. HUTCHINSON, Mr. THURMOND, Mr. INHOFE, Ms. SNOWE, Mr. KERRY, Mrs. Mr. WARNER. Yes. Senate reassembled when called to HUTCHISON, and Mr. MURKOWSKI, proposes an Mr. LEVIN. Is my understanding cor- order by the President pro tempore. amendment numbered 3173. rect that this amendment will be set f Mr. WARNER. Mr. President, I ask aside temporarily for opening state- SENATE PHOTOGRAPH unanimous consent that reading of the ments to be given? amendment be dispensed with. Mr. WARNER. Mr. President, that is Mr. LOTT. Mr. President, if I could The PRESIDING OFFICER. Without correct. ask our colleagues to take their seats, objection, it is so ordered. Mr. LEVIN. I thank the Senator. then we will begin a series of photo- The amendment is as follows: Mr. WARNER. Does the Democratic graphs. Please, stay in place until we Strike sections 701 through 704 and insert whip desire to be recognized? are given the all-clear sign. If you can the following: Mr. REID. No. go ahead and be seated, we will be able SEC. 701. CONDITIONS FOR ELIGIBILITY FOR Mr. WARNER. This amendment was to determine exactly which Senators CHAMPUS UPON THE ATTAINMENT shared beforehand with my colleague may still be missing. OF 65 YEARS OF AGE. (a) ELIGIBILITY OF MEDICARE ELIGIBLE PER- from Michigan. f SONS.—Section 1086(d) of title 10, United Mr. LEVIN. Mr. President, I don’t know of any understanding, but the STEVE BENZA States Code, is amended— (1) by striking paragraph (2) and inserting chairman has a right, of course, to Mr. LOTT. Mr. President, as we pre- the following: offer an amendment. We just under- pare to have this photograph taken, I ‘‘(2) The prohibition contained in para- stand that this amendment now is to note that the Senate photographer, graph (1) shall not apply to a person referred be temporarily laid aside so the open- who has been with the Senate some 32 to in subsection (c) who— ‘‘(A) is enrolled in the supplementary med- ing statements can be given. The Sen- years, Steve Benza, is preparing to re- ical insurance program under part B of such ator has a right to offer an amendment tire. Steve started out as a page. He title (42 U.S.C. 1395j et seq.); and at any time he wishes. worked in the Architect’s Office. He ‘‘(B) in the case of a person under 65 years Mr. WARNER. Mr. President, this is worked in the Senate Post Office. He of age, is entitled to hospital insurance bene- the amendment about which I spoke on worked in the photo lab. And for years fits under part A of title XVIII of the Social the floor earlier this morning. I think he has taken photographs of us in var- Security Act pursuant to subparagraph (A) colleagues have had an opportunity to ious and sundry places, some of which or (C) of section 226(b)(2) of such Act (42 inform themselves about it. It is my we would not like to recount but we U.S.C. 426(b)(2)) or section 226A(a) of such Act (42 U.S.C. 426–1(a)).’’; and hope that a number will desire to be will remember warmly. (2) in paragraph (4), by striking ‘‘paragraph cosponsors. We have a number of co- I ask my colleagues, before we begin (1) who satisfy only the criteria specified in sponsors right now. these series of photographs, to express subparagraphs (A) and (B) of paragraph (2), This amendment relates to the con- our appreciation to Steve Benza for his but not subparagraph (C) of such paragraph,’’ tinuing work of the Armed Services 32 years of service to the institution. and inserting ‘‘subparagraph (B) of para- Committee with regard to the neces- [Applause.] graph (2) who do not satisfy the condition sity to provide a health care program (Thereupon, the official Senate pho- specified in subparagraph (A) of such para- for retirees over 65. As the Presiding tograph was taken.) graph’’. (b) EXTENSION OF TRICARE SENIOR PRIME Officer well knows, the committee has The PRESIDING OFFICER (Mr. DEMONSTRATION PROGRAM.—Paragraph (4) of addressed this in several increments, INHOFE). The Senator from Virginia. section 1896(b) of the Social Security Act (42 and now with another amendment by Mr. WARNER. Would the Chair kind- U.S.C. 1395ggg(b)) is amended by striking ‘‘3- the Senator from Virginia, which I ly advise the Senate with regard to the year period beginning on January 1, 1998’’ offer on behalf of many. I want to rec- pending business. and inserting ‘‘period beginning on January ognize that this is a subject that has 1, 1998, and ending on December 31, 2002’’. quite properly gained the attention of f (c) EFFECTIVE DATES.—(1) The amendments a number of colleagues. I know Senator NATIONAL DEFENSE AUTHORIZA- made by subsection (a) shall take effect on October 1, 2001. MCCAIN, on our side of the aisle, and TION ACT FOR FISCAL YEAR 2001 (2) The amendment made by subsection (b) Senator HUTCHISON have worked on The PRESIDING OFFICER. The shall take effect on the date of the enact- this subject of health care. In no way pending business is consideration of ment of this Act. do I indicate that anyone—certainly the Defense authorization bill, S. 2549, Mr. WARNER. This is an amendment not myself—has been the principal; we which the clerk will report. relating to the change in the existing have all worked together as a team.

VerDate Mar 15 2010 22:45 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06JN0.REC S06JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4526 CONGRESSIONAL RECORD — SENATE June 6, 2000 And at such appropriate time, I will re- I appeal to all Members to join us in tained within the report which we may turn to this amendment. our bipartisan effort to improve our se- address in the course of the delibera- I want to make some opening com- curity. The safety and well-being of our tions on this bill. ments now regarding this very impor- men and women in uniform, thousands While the Department of Defense tant piece of legislation. This bill con- of whom are deployed at this very mo- (DOD) must plan and allocate resources tains the much-needed increases in de- ment in harm’s way across this world, to meet future threats, ongoing mili- fense funding and critical initiatives, should not fall victim to any partisan tary operations and deployments from including in the area of recruiting and debate and certainly no election year the Balkans to Southwest Asia to East retention. Retention is one of the most politics. We have done that in the past. Timor continue to demand significant serious problems we have facing us I hope we will not do it on this bill and resources in the short term and the today in our current military, as well in the future. foreseeable future. as recruiting. This bill, in the collec- We should keep in mind that Mem- The National Defense Authorization tive judgment of the committee, goes a bers of the Senate have always recog- Act for Fiscal Year 2001 authorizes a long way toward helping to alleviate nized the importance of the annual De- total of $309.8 billion for defense spend- the problems we have and to improve fense authorization bill, and in the past ing—$4.5 billion above the President’s those critical areas in our defense. we have put our partisan concerns request—and provides authority and It is most appropriate that we begin aside for the good of the Nation. I re- guidance to the Defense Department to this discussion today, on June 6, the mind colleagues that the Senate has address the critical readiness, mod- 56th anniversary of D-Day. Today, passed a Defense authorization bill ernization, and recruiting and reten- America recalls the heroic acts of brav- every year since the authorization tion problems facing our military. ery and valor demonstrated on the process began in 1961, some nearly 40 For over a decade, our defense budg- beaches of France and the many who years. The House this year had a ets have been based on constrained paid the price in life and limb for lib- strong, resounding vote of 353 yeas to funding, not on the threats facing the erty and freedom. And how proud we 100-some-odd nays. So that is a clear nation or the military strategy nec- are, as the Senate, to have as the indication of the strength of the House essary to meet those threats. The re- President pro tempore the distin- and the Senate bills and the need for sult of this is evident today in con- guished senior Senator from South these bills to be brought into law. tinuing critical problems with recruit- Carolina, STROM THURMOND, among us. At this time of increased tension ing and retention, declining readiness He, of course, crossed the beaches of D- around the world, at this time of un- ratings, and aging equipment. Day 56 years ago. He addressed the precedented deployments of U.S. mili- Last year, the Congress reversed the Senate earlier today on that subject. tary personnel around the globe, we downward trend in defense spending by As we look to the future and the de- must show our support for our troops. approving a defense authorization bill fense of this Nation, we must never for- Accordingly, I urge all Members to ab- which, for the first time in 14 years, in- get what may be required, and indeed stain from offering nondefense-related cluded a real increase in the authorized what was required, of so many—over amendments and to join in a bipartisan level of defense spending. This year, we 1,400 American servicemen, not to effort to pass this Defense authoriza- continue that momentum with the bill speak of our allies; they had casualties tion bill, to send a strong signal of sup- before the Senate the second year of in- also. But 1,400 American servicemen port to our brave troops, wherever they creased authorization levels. As I stat- died on June 6, 1944, on the beaches of are in the world, for risking their lives ed earlier, the authorized level of $309.8 France, and thousands more were at the very moment we address this billion in this bill is $4.5 billion above wounded. They did it to restore free- legislation, risking to safeguard free- the President’s request and consistent dom to so many nations and people all dom of our allies, our friends, and in- with this year’s concurrent budget res- through Europe—freedom that had been taken away by Hitler and the Axis deed those of us here at home. The olution. The fiscal year 2001 funding forces. problems and the threats facing the level also represents a real increase in I begin by expressing my thanks to home front have increased to where defense spending of 4.4 percent from the ranking member, Senator LEVIN. they are greater today than I ever en- the fiscal year 2000 appropriated level. We came to the Senate together 21 visioned in my life. The funding we have provided is pri- years ago. We have worked as partners The national security challenges that marily going for modernization and on this bill and have produced a bipar- the United States will face in the new readiness and for other benefits for the tisan product that will strengthen the millennium are many and diverse—new men and women of the military. The security of the United States, in the adversaries, unknown adversaries, new committee authorized $63.28 billion in collective judgment of all members of weapons, and unknown weapons. A procurement funding, a $3.0 billion in- the Armed Services Committee, and very complex threat faces us at home crease over the President’s budget. Op- improve the quality of life of our men and our forces forward deployed. It is erations and maintenance was funded and women in uniform and, most espe- important that we remain vigilant, for- at $109.2 billion, with $1.5 billion added cially, for their families. ward thinking, and prepared to address to the primary readiness accounts. Re- I also applaud our subcommittee these challenges. search, development, test and evalua- chairmen, ranking members, and all Just days ago the National Commis- tion was budgeted at $39.31 billion, a members of the Committee for their sion on Terrorism, established by Con- $1.45 billion increase over the Presi- fine work throughout this year. I will gress in 1998, issued its report, ‘‘Coun- dent’s budget request. put in the RECORD elsewhere the vol- tering the Changing Threat of Inter- The committee’s support for addi- ume of hearings, special meetings, the national Terrorism’’. I would like to tional funding for defense is based on prolonged markup sessions that led to quote from the Report’s executive sum- an in-depth analysis of the threats fac- the work product for which we labored mary: ‘‘Today’s terrorists seek to in- ing U.S. interests, and testimony from in the Senate today. flict mass causalities, and they are at- senior military leaders on the many A special thanks to our committee tempting to do so both overseas and on shortfalls in the defense budget. staff. What a superb professional American soil. They are less dependent While the cold war has been over for staff—not only this year and last year, on state sponsorship and are, instead, nearly a decade, it is evident that the but throughout the 22 years I have been forming loose, transnational affili- world remains a complex and violent privileged to be on this committee. ations based on religious or ideolog- place. The greatest threat to our na- Under many distinguished chairmen ical—regrettably I have to use that tional security today is instability; in- and ranking members, we have had the word, ‘‘a common hatred’’—affinity stability fueled by ethnic, religious, most nonpartisan and the hardest- and a common hatred of the United and racial animosities that have ex- working staff in the Senate. I salute States. This makes terrorist attacks isted for centuries, but are now result- Colonel Les Brownlee, David Lyles, and more difficult to detect and prevent.’’ ing in conflicts fought with the weap- the personal staff of the committee We must be prepared to respond to this ons of modern warfare. Many have members for their invaluable work threat and I look forward to reviewing turned to the United States, as the sole which led to the creation of this bill. the numerous recommendations con- remaining superpower, to resolve the

VerDate Mar 15 2010 22:45 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06JN0.REC S06JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 6, 2000 CONGRESSIONAL RECORD — SENATE S4527 many conflicts around the world and to before the Armed Services Committee ice chiefs have all highlighted the ensure stability in the future. However, to tell us about the ever increasing many problems associated with imple- this military power does not ensure our challenges the armed forces were fac- menting a user-friendly health care security. As Director of Central Intel- ing in carrying out their military mis- program for active duty service mem- ligence George Tenet told the com- sions. Simply put, they did not have bers, military retirees, and their fami- mittee in January, ‘‘The fact that we enough money. Their individual obser- lies. are arguably the world’s most powerful vations were forthright and candid. In this bill, the committee included nation does not bestow invulnerability; Collectively, their reports to the Con- initiatives that ensure our active duty in fact, it may make us a larger target gress became the unimpeachable voice personnel and their families receive for those who don’t share our interest, that made Americans sit up and take quality health care and initiatives that values, or beliefs.’’ notice. The chiefs were heard across fulfill our commitment to military re- U.S. military forces are involved in the land. Our nation echoed back: we tirees, including extending TriCare overseas deployments at an unprece- believe you, you have the people’s sup- Prime to families of service members dented rate. Currently, our troops are port. assigned to remote locations, elimi- involved in over 10 contingency oper- The military service chiefs have tes- nating copayments for service received ations around the globe. Unfortu- tified that they have a remaining under the TriCare Prime, and author- nately, there appears to be no relief in shortfall in funding of $9.0 billion for izing a comprehensive retail and na- sight for most of these operations. At fiscal year 2000, a requirement for an tional mail order pharmacy benefit for an October 1999 hearing of the com- additional $15.5 billion above the budg- all eligible beneficiaries, including mittee, the Chairman of the Joint et request to meet shortfalls in readi- Medicare-eligible beneficiaries with no Chiefs of Staff, General Hugh Shelton, ness and modernization for fiscal year enrollment fee or deductible. stated that, ‘‘Two factors that erode 2001, and a requirement for an addi- I will elaborate on the pharmacy ben- military readiness are the pace of oper- tional $85.0 billion in the future years efit. Prescription medication is the ations and funding shortfalls. There is Defense Program. major unmet need of the military re- no doubt that the force is much small- This bill adds $3.8 billion to the tiree. I believe this bill meets that er than it was a decade ago, and also President’s budget request to specifi- need. This bill for the first time pro- much busier.’’ cally pay for items identified by the vides an entitlement for a comprehen- Over the past decade, our active duty Chairman of the Joint Chiefs of Staff sive drug benefit for all military bene- manpower has been reduced by nearly a and the Service chiefs as necessary re- ficiaries, including those who are Medi- third, active Army divisions have been quirements: necessary requirements care eligible. reduced by almost 50 percent, and the that were not funded by the President’s Hopefully, I will add my amendment number of Navy ships has been reduced request. which will further enhance this whole from 567 to 316. During this same pe- As I said earlier, the high operations package of retiree benefits, particu- riod, our troops have been involved in tempo of our armed forces is having a larly for those over 65. At the appro- 50 military operations worldwide. By negative impact on recruiting and re- priate time, I will ask to turn to that comparison, from the end of the Viet- tention. Last year, the committee took amendment. nam war in 1975 until 1989, U.S. mili- action to provide a pay raise and a Other quality-of-life initiatives of tary forces were engaged in only 20 package of retirement reforms and re- note in this bill are a 3.7-percent pay such military deployments. tention incentives in an effort to re- raise for military personnel effective This unprecedented rate of overseas cruit and retain highly qualified per- January 1, 2001, and a provision that di- deployments is one of the primary fac- sonnel. The committee has received rects the Department to implement the tors contributing to the severe prob- testimony that these changes are hav- Thrift Savings Plan for military per- lems we are having with recruiting and ing a positive impact on recruiting and sonnel not later than 180 days after en- retaining quality personnel, and with retention efforts. actment of this act. We put similar maintaining adequate readiness of the This year, the committee has focused provisions in last year’s bill but gave existing force. We have tried to address its ‘‘quality of life’’ efforts on improv- the discretion to the Department. This these issues in the bill before the Sen- ing military health care for our active year, we have been forthright and we ate. duty and retired personnel and their direct action on that program. It has also affected our readiness, as families. Last year, NATO conducted its first the Presiding Officer well knows as Earlier this year, I announced my in- large-scale offensive military operation chairman of the subcommittee with tention to join with the majority lead- with the 78-day air war campaign—and the primary jurisdiction of readiness. er and others to tackle the long-stand- it was associated with other military I want to pause for a moment and ac- ing problems with the military health operations and was not exclusive to knowledge the Chairman of the Joint care system. air—on behalf of the beleaguered and Chiefs of Staff and the Service Chiefs— I wish to acknowledge the full co- persecuted peoples of Kosovo. The les- the Chief of Naval Operations, the Air operation of my distinguished col- sons learned from that operation ad- Force Chief of Staff, the Army Chief of league, Mr. LEVIN, and the Members on dressed during a series of committee Staff, and the Commandant of the Ma- his side of the aisle. It has truly been hearings highlighted not only short- rine Corps—for their role in helping to a bipartisan effort. We have heard in- falls in weapon systems and intel- reverse the decline in defense spending. creasing complaints, especially from ligence programs but also the complex- I cannot think of one single factor that over 56 retirement communities. ities of engaging in coalition oper- added greater emphasis not only this While the Congress was taking some ations. year but last year to the increase in de- steps in the past to try to improve the As noted in the combined testimony fense spending—not one fact greater health care system, it was time for a of Operation Allied Force Commanders, than their honest, forthright profes- major assault on this problem. And we Gen. Wesley Clark, Adm. James Ellis, sional and personal assessments which have done more than establish a beach- and Lt. Gen. Mike Short, the Kosovo were given this committee time and head. I used that term months ago campaign: time in formalized hearings, and indeed when I laid down the first piece of leg- . . . required [that] we adopt military doc- in private consultations. I commend islation with our distinguished major- trine and strategy to strike a balance be- them. They have ably represented their ity leader, Mr. LOTT. tween maintaining allied cohesion, striking troops. The bill before the Senate today is key elements of the Yugoslav Armed Forces, There is no group of leaders more re- but the first step, I hope, in what will minimizing losses of allied aircraft and crew, sponsible for stopping this downward be a continuing process to fulfill our and containing collateral damage. trend than the Chiefs. commitment of quality health care for Of paramount concern to the com- On three separate occasions, October all military personnel—active duty, re- mittee this year was applying the les- 6, 1998, January 5, 1999, and October 26, tired, as well as their families. sons learned from the air campaign 1999, the Chairman of the Joint Chiefs The Secretary of Defense, the Chair- over Kosovo to our defense budget to of Staff and the Service Chiefs came man of the Joint Chiefs, and the serv- ensure the future preparedness of the

VerDate Mar 15 2010 22:45 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06JN0.REC S06JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4528 CONGRESSIONAL RECORD — SENATE June 6, 2000 U.S. Armed Forces for future military the police officers, or even citizens who each State and territory. I commend operations. Accordingly, the com- instinctively try to come to the aid of this committee, particularly the sub- mittee included over $700 million for a those suffering, along with the health committee that handles this under program to include aircraft precision care professionals in our local commu- Senator ROBERTS, for their relentless strike capability, aircraft surviv- nities. To deter and defeat the efforts initiative to drive and get these teams ability, and intelligence surveillance of those intent on using weapons of in place. The Department of Defense and reconnaissance assets based on les- mass destruction or mass disruption in has not been as aggressive as has the sons learned from the Kosovo conflict. the United States, this bill does the Senate on this issue. Over 38,000 combat sorties were con- following: I would like to briefly highlight some ducted during the Kosovo air cam- It adds $76.8 million for initiatives to of the other major funding initiatives paign—and I proudly say, for all na- address the threat of cyberattack, in- and provisions of the bill. tions that participated, some seven na- cluding establishment of an Informa- First, we strengthen the Joint Strike tions flew—with no combat casualties tion Security Scholarship Program to Fighter Program by significantly in- and some heroic rescue operations. encourage recruitment and retention of creasing funding for the demonstration While the committee understands that Department of Defense personnel with and validation phase of this program no military operation is without risk, computer network security skills. This while removing funding for the engi- limiting the risk to military personnel is a program in which I have had a neering, manufacture, and develop- is an important goal. Every day, ad- great deal of interest. I do hope the ment phase in the fiscal year 2001. vances in technology such as com- Members will work with me on this. We It increases the shipbuilding budget puting and telecommunications are have this massive people program, by $603.2 million to over $12 billion. I being integrated into warfighting maybe $20 or $30 million just to begin commend the chairman and ranking equipment. to give incentives for young people to member of that committee, the Sen- The committee believes the Defense go into cyberspace terrorism. What ator from Maine. This is a very essen- Department must further pursue these better evidence do we need than this tial investment, an increase in spend- technological advances in an effort to love note that floated around, causing ing, if we are ever to hope to maintain provide advanced warfighting capabili- billions of dollars of loss to the econ- just a 300-ship Navy. ties, while at the same time limiting omy in this country for the shutdown It authorizes $98.2 million for mili- the risk to military personnel. To this of computers. tary space programs and technologies, end, this legislation directs the DOD to Second, there is the creation of an in- $22 million for strategic nuclear deliv- aggressively develop and field un- stitute for defense computer security ery vehicle modernization, and $190 manned combat systems in the air and and information protection to conduct million for national and military intel- on the ground so that within 10 years research and critical technology devel- ligence programs. one-third of our operation of these type opment and to facilitate the exchange We support the Army transformation aircraft would be unmanned, and with- of information between the govern- initiative and we add additional re- in 15 years one-third of our ground ment and the private sector, and shar- sources that support research and de- combat vehicles would be unmanned. ing of information to try and meet this velopment efforts designed to lead to The committee also added $246.3 mil- common threat. the future development of that force. lion to accelerate technologies leading Further, we added $418 million for Congress has to help the Army. They to the development and fielding of re- ballistic missile defense programs, in- have some very bold initiatives, but motely controlled air combat vehicles cluding $129 million for National Mis- the funding profile for these initiatives and remotely controlled ground com- sile Defense Risk Reduction, $92.4 mil- in the outyears has a degree of uncer- bat vehicles. lion for the Air Forces Airborne Laser tainty which troubles this Senator. As demonstrated in Kosovo, our Program, $60 million for the Navy The- But we will try to do our best to work Armed Forces are the best prepared in ater-Wide Missile Defense Program, $15 with the distinguished Chief of Staff, the world. They can beat the enemy on million for the Atmospheric Inter- the Secretary, and others, in trying to any battlefield. I don’t say that with ceptor Technology Program, $8 million move the Army along in its projected arrogance. It is factual. Our enemies, for the Arrow System Improvement transformation program. certainly those that can be identified, Program, $15 million for the Tactical We included provisions supporting, know that. It is the ones that we can’t High Energy Laser Program, and $30 under certain conditions, the agree- identify—the growing number we can- million for the Space-Based Laser Pro- ment reached between the Department not identify, that we cannot antici- gram. of Defense and the government of Puer- pate—that pose the greatest threat. This is a serious threat to our home- to Rico that is intended to restore rela- Current and future potential adver- land, the intercontinental ballistic tions between the people of Vieques saries must fully understand, however, missiles. We are forging ahead. I wish and the Navy and provide for the con- our military capability. Many are now we could be stronger in our efforts. tinuation of live fire training on this intent on carrying the battle right here I will, with others, try everlastingly island. I commend the former Pre- at home in the continental limits of to increase our strength to try to ap- siding Officer, the Senator from Okla- the United States of America either by proach these things and solve these homa, for his unrelenting efforts, many ballistic missile attack or attacks with problems—because we are defenseless. visits down to that region to work on chemical or biological agents or Americans think we spent $300.9 billion this problem. through cyberterrorism. That is where this year and $300 billion previous We increased funding for military we are soft, soft in the underbelly of years and that we have some defense. construction and family housing pro- this great Nation. Recently, retired We do not. We are absolutely defense- grams by $430 million to $8.46 billion. Deputy Secretary of Defense John less against these intercontinental bal- We authorized $1.27 billion for the en- Hamre characterized domestic pre- listic missiles, particularly the ones vironmental restoration accounts to paredness as ‘‘the mission of the dec- that might be fired by a rogue state or enhance environmental cleanup of ade.’’ I agree with that distinguished terrorist state or, indeed, an accidental military facilities. former public servant. firing. It could decimate any of our We required the Secretary of Defense, The military services play a critical great cities or, indeed, rural areas. in consultation with the Secretary of and important role in domestic pre- (Mr. HAGEL assumed the chair.) Energy, to: paredness for such attacks. Should Mr. WARNER. Last, we added $25 No. 1, develop long-range plans for some madman or terrorist release a million for five additional Weapons of the sustainment and modernization for chemical biological agent on the civil- Mass Destruction-Civil Support teams U.S. strategic nuclear forces and; ian population at home—or, indeed, at formerly known as RAID teams. This No. 2, to conduct a comprehensive re- a military base that could be a target— will result in a total of 32 of these view of the nuclear posture of the the Defense Department must be pre- teams by the end of fiscal year 2001. It United States for the next 5 to 10 years. pared to assist the first responders, is the committee’s intent to support That is an essential program. We whether they are volunteer firemen, the establishment of these teams for must get that evaluation. We have not

VerDate Mar 15 2010 22:45 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06JN0.REC S06JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 6, 2000 CONGRESSIONAL RECORD — SENATE S4529 done one since 1994. This was of great presented by the Department of De- play an important role in our national concern to me. While I commend the fense to improve the quality of life for security by reducing the threat of pro- President—he did the best he could at the men and women of our Armed liferation of weapons of mass destruc- the recent summit—it would have been Forces and their families, and to trans- tion from Russia or from rogue nations advisable if this Nation had conducted form our military to ensure they are with which Russia may otherwise be one of these essential programs to capable of meeting the threats to tempted to form closer ties in the ab- make an analysis of the threat—what American security in the 21st century. sence of these programs. we have in our inventory, the inven- I am particularly pleased the bill While some restrictive language has tories of the other nations of the would implement the administration’s been included in the bill, I am hopeful world—and, therefore, have a better proposal to address shortcomings in this language will not undermine the idea of exactly where this country the health care we provide for our mili- effectiveness of the programs. I am dis- stands today and what it faces in the tary personnel and retirees. Indeed, the appointed the committee chose not to future. bill would go a step further than the provide $100 million for a new, long- These are but a few of the highlights administration proposed and provide a term Russian nonproliferation program of the many initiatives included in this prescription drug benefit for military at the Department of Energy. bill. The subcommittee chairmen are retirees. This program would allow the De- truly the architects of this bill. They I am appalled, and I hope most of us partment of Energy to accelerate the will discuss in greater detail the provi- are appalled, by the rising cost of phar- closure of portions of Russian nuclear sions in their respective subcommit- maceuticals in this country and by the weapons complexes and secure addi- tees. Each should be congratulated for growing gap between the prices paid for tional nuclear materials. I am hopeful, their study and hard work, together drugs by our citizens and people who with the help of other Senators, we can with their ranking members. live in other countries. We have taken address this issue in the course of our I urge my colleagues to support rapid an important first step in this bill in debate on the Senate floor or perhaps passage of this bill. We need to send a agreeing to address the problem for in conference. strong signal of support to our Armed military retirees. But it is my hope, The committee bill would authorize Forces in the field, at sea, and those perhaps during the course of this bill, $85 million of military construction who have gone before them in the line and surely before the end of this Con- sought in fiscal year 2001 by the admin- of duty. We are trustees of this great gress, we will be able to provide a simi- istration to begin construction of a na- Nation and we are given that trust by lar benefit for Medicare beneficiaries tional missile defense site. The Presi- generation after generation after gen- whether they are military retirees or dent’s budget explains this request as eration of Americans who have gone otherwise. All of our seniors—all of our follows: from the shores of our Nation to defend seniors—should have an opportunity to The budget includes sufficient funding so the cause of freedom in farflung places purchase prescription drugs and not be that if the administration decides in 2000 to of the world. These are outstanding precluded by an inability to pay the proceed with deployment of a limited sys- men and women now serving in uni- outrageous costs which prescription tem, the resources will be available to quick- form. We have an obligation to them as drugs now present to too many of our ly proceed toward a 2005 initial capability. previous Congresses have had obliga- seniors. I emphasize the word ‘‘if.’’ It is my tions to other generations, engaged in The committee also made the right understanding that this funding is pro- the preserving of our freedom. decision in supporting the Army trans- vided consistent with the President’s I, once again, thank my distin- formation plan that was put forward by request in the event the President de- guished colleague, the senior Senator Secretary of the Army Caldera, and cides to proceed with the deployment from Michigan, for his work on this Army Chief of Staff General Shinseki. of a limited national missile defense. committee—indeed, nonpartisan hard The committee concluded the Army As indicated in the President’s budget, work—and the wonderful staff. We put needs to transform itself into a lighter, this decision will be based on an assess- this bill together. more lethal, survivable and tactically ment of four factors: one, the assess- I thank the Senator and yield the mobile force, and we approved all the ment of the threat; two, the status of floor. funds that were requested by the Army technology based on an initial series of The PRESIDING OFFICER. The Sen- for that purpose. In fact, we even added flight tests and the proposed system’s ator from Michigan. some research money that the Army operational effectiveness; three, the Mr. LEVIN. Mr. President, I am said would help the long-term trans- cost of the system; and four, the impli- pleased to join with the chairman of formation process. cations of going forward with a na- the Armed Services Committee in At the same time, we have instructed tional missile defense deployment in bringing the National Defense Author- the Army to prepare a detailed road- terms of the overall strategic environ- ization Act for fiscal year 2001 to the map for the transformation initiative, ment and our arms control objectives, floor. The bill is the product of several and to conduct appropriate testing and including efforts to achieve further re- months of bipartisan work on the part experimentation to ensure the trans- ductions in strategic nuclear arms of our committee. I am, indeed, pleased formation effort is successful. under START II and III. to join with him in bringing this bill to The Department has made a strong As our chairman said, the committee the floor. commitment to the Joint Strike Fight- spent a great deal of time addressing This year the President added $12 bil- er Program and the committee sup- the status of training exercises by lion in defense spending to last year’s ports that effort. While our bill recog- Navy and Marine Corps personnel on appropriated levels. The congressional nizes that slippage in the test schedule the island of Vieques. As we all know, budget resolution added an additional is virtually certain to result in a delay training on Vieques was suspended last $4.5 billion. For the most part, the of the next milestone decision, we re- year after the tragic death of a secu- committee chose to spend the money main open to reprogramming of funds rity guard at the training range. The wisely. More than three-quarters of the to enable the Department to make that Secretary of the Navy, the Chief of money added by the budget resolution decision in the year 2001, if it proves Naval Operations, and others have tes- would be used to meet needs that are possible to meet a tighter schedule. tified before the committee that there identified as priorities by the Joint I am also pleased the bill reported by is no adequate substitute for the live- Chiefs, or to accelerate items that are the Armed Services Committee pro- fire training on the island of Vieques. included in the future years’ defense vides full funding for the Department Earlier this year, the President en- plan. of Defense Cooperative Threat Reduc- tered into an agreement with the Gov- I may not agree with every provision tion Program and the three ongoing ernor of Puerto Rico which establishes in the bill—I do not—but S. 2549 overall Department of Energy cooperative pro- an orderly process for what we all hope is a sound bill that basically continues grams with Russia and other countries will be the resumption of such train- the bipartisan partnership between the of the former Soviet Union. These pro- ing. As of today, the Commonwealth of Congress and the administration. This grams serve as one of the cornerstones Puerto Rico has lived up to its obliga- bill would build on the budget that was of our relationship with Russia and tions under the agreement. The Navy

VerDate Mar 15 2010 22:45 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06JN0.REC S06JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4530 CONGRESSIONAL RECORD — SENATE June 6, 2000 training on Vieques has been cleared of restrictions on the ability of a Cabinet Hemisphere Institute for Professional protesters with the assistance of the Secretary to manage his own Depart- Education and Training which would government of Puerto Rico, and the ment and undermine our ability to provide a broad curriculum of studies, Navy training exercises have now re- hold Secretary Richardson and his suc- including human rights training, to sumed on the island with the use of cessors accountable for the activities both military and civilian leaders of inert ordnance as provided in the of the Department of Energy. democratic countries. I hope this step agreement. Dual-hatting is commonplace will allow us to put the controversial During the course of our markup, the throughout the Government and has history of this institution behind us committee considered proposed legisla- been legally permissible since we re- while we look instead to the future. tion which would have been incon- pealed the Dual Office Holding Act of Second, the bill contains an amend- sistent with this agreement. In my 1894 more than 35 years ago. Moreover, ment I offered to prohibit the Depart- view, unilateral changes to or actions the Secretary provided our committee ment of Defense from selling to the in violation of the terms of the agree- with a legal opinion which concluded general public any armor-piercing am- ment at a time when the government that such dual-hatting is permissible. munition or armor-piercing compo- of Puerto Rico is living up to its obli- In any case, the prohibition on reor- nents that may have been declared ex- gations under the agreement would ganization is completely unnecessary cess to the Department’s needs. have sent exactly the wrong signal. in light of the express prohibition on This prohibition was enacted on a 1- Such changes would have offended dual-hatting. The reorganization prohi- year basis in last year’s Defense Appro- many citizens of Vieques and others bition would go far beyond its stated priations Act, and Senator DURBIN has throughout Puerto Rico, undermining purpose of addressing dual-hatting, and introduced a bill in the Senate to make the efforts of the Navy and this com- it would prohibit the Secretary of En- the ban permanent. There is no pos- mittee to eventually resume live-fire ergy from even establishing, altering, sible justification for selling armor- training on Vieques. or consolidating any organizational piercing ammunition to the general In the end, the committee included unit, component, or function of the public. I am pleased that we have legislation that would implement the NNSA regardless of demands of effi- taken this step toward enacting the provisions of the agreement that call ciency or accountability. ban into permanent law. for limited economic assistance and Last year, the President’s Foreign Again, I thank Senator WARNER for holding a referendum on the island of Intelligence Advisory Board reported his work as chairman of the com- Vieques. With regard to the other ele- that the Department of Energy’s nu- mittee. There are a lot of provisions in ment of the agreement—the transfer of clear weapons complex had become or- the bill, and there will be, I am sure, a specific land to Puerto Rico under cer- ganizationally ‘‘dysfunctional.’’ Much lot of amendments which will be of- tain circumstances—the legislation is of this organization remains unchanged fered in the course of our deliberations silent, deferring congressional action despite its transfer to the new NNSA. on the Senate floor. I think we all look until a later date. Yet the provision added in our com- forward to a full debate on all of the While I would have preferred to fully mittee would prohibit the Secretary issues that will be presented to us. implement the agreement between the from addressing that problem. I am wondering if Senator WARNER is President and the Governor of Puerto In short, the Department of Energy on the floor. Rico at this time, avoiding unilateral organization provisions not only fail to Mr. WARNER. Yes. changes to the terms of the agreement address the problems identified by its Mr. LEVIN. I make a parliamentary was the next best outcome. In light of sponsors, which is the dual-hatting inquiry as to whether or not amend- the position taken on the floor of the problem, but go way beyond that and ment No. 3173, which is the pending House, I expect we will have an oppor- thereby undermine the ability of the amendment, is subject to a point of tunity to further consider this issue in Secretary of Energy to address many of order and, if so, what point of order. conference. the concerns that led to the enactment The PRESIDING OFFICER. The One area where I am very dis- of last year’s legislation in the first pending amendment that the Senator appointed with the outcome of the place. inquires on violates section 302(f) of the markup is the organization of the De- I am also disappointed that the bill Budget Act. partment of Energy. Last year, the Na- does not contain a base closure provi- Mr. LEVIN. This amendment was tional Defense Authorization Act con- sion. Last year, as this year, the top presented to us this morning. I think tained provisions reorganizing the De- military and civilian leadership of the we should make an effort to see if we partment of Energy’s nuclear weapons Department of Defense came to us and can’t bring this amendment somehow complex by creating a new ‘‘semi-au- told us that more base closures are or other into compliance with the tonomous’’ National Nuclear Security critical to saving billions of dollars Budget Act so we can accomplish the Administration, NNSA, within the De- needed to meet our future national se- important provisions that are in this partment of Energy. These provisions, curity needs. Year after year, some amendment. This is a goal which has which were added in conference, were Members express concerns about short- been sought on a bipartisan basis to try inconsistent with legislation passed in falls in the defense budget and then re- to improve the provision of health care the Senate by a vote of 96–1 and went ject the one measure that would do the services to our retirees. far beyond anything that was even con- most to help the Department address I think it is in all of our interests to sidered by the House. those shortfalls in the long term. see if we can’t find a way that we can The Secretary of Energy dual-hatted Secretary Cohen said recently his make this come into compliance with a number of key NNSA employees, au- biggest disappointment as Secretary the Budget Act. I am particularly sen- thorizing them to serve concurrently has been that the Department of De- sitive to the Budget Act’s provisions. I in both NNSA positions and DOE posi- fense still has too much overhead and am not sure Senator DOMENICI is with tions outside the NNSA. Although the that he has not been able to persuade us today. I believe he was absent dur- provisions establishing the NNSA did his former colleagues—meaning us— ing the picture, for reasons with which not contain any provision prohibiting that they are going to have to have we are familiar. In that case, I am won- dual-hatting, many members of our more base closures. Authorizing a new dering whether or not, because of the committee believed this approach was round of base closures is an issue of po- Budget Act implications of this amend- inconsistent with the legislation. litical will to meet our long-term secu- ment, the Senator might be willing to This bill responds to that perceived rity needs. In the course of our debate set this aside so we can determine if violation of the statute with provisions on this bill, Senator MCCAIN and I plan there are ways of achieving these im- that would, one, prohibit the Depart- to again offer an amendment to allow portant goals consistent with the ment of Energy from paying any NNSA more base closures. Budget Act. officials who are dual-hatted and, two, Finally, I will mention two other Mr. WARNER. Mr. President, I say to prohibit the Secretary of Energy from issues. First, the bill contains a provi- my good friend, I will try to accommo- changing the organization of the NNSA sion that would replace the School of date you on that because it is a very in any way. These are unprecedented the Americas with a new Western important amendment. I would like to

VerDate Mar 15 2010 22:45 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06JN0.REC S06JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 6, 2000 CONGRESSIONAL RECORD — SENATE S4531 discuss with you just perhaps the fol- well-earned improvement in the stand- The fiscal year 2001 Defense Author- lowing procedure: That we have the op- ard of living for all our military per- ization Act is a bipartisan effort, and I portunity to have a colloquy and make sonnel. believe we all did some essential heavy some presentations about the amend- The defense bill before us continues lifting in committee for our ment, and then at that time I will con- the improvements in the readiness warfighters. sider laying it aside. I would like to issues identified by our Service Chiefs. For the second year in a row, we have have that opportunity this afternoon. I The committee added over $700 million reversed the downward trend in defense would very much appreciate the com- for programs identified as shortfalls spending by increasing this year’s ments of my colleague. during the Kosovo conflict. It increased funding by $4.5 billion over the Presi- It had been my intention to give it to key readiness programs such as ammu- dent’s request, for a funding level of you a little earlier today, but I think it nition, spare parts, base operations and $309.8 billion. This results in a 4.4 per- began to get to your people around 11 training by more than $1.5 billion. Al- cent increase in real growth from last or 12 o’clock. It had been my intention though these are significant improve- year’s appropriated level. to bring it up. That is not a fact in any ments, we cannot be satisfied with Last year as the Personnel Sub- way I wish to conceal. But anyway, these increases and must ensure con- committee chairman, I had the oppor- tinued robust funding increases for that did not come to the attention of tunity to oversee the first major pay these programs in future bills. the Senator from Michigan. raise for our military in almost 20 So, yes, we will work on this because Since the fall of the Berlin Wall our Nation has faced ever changing years. Now, I have the great privilege in fairness to our colleagues—and I an- to serve as the chairman of the Stra- ticipate an overwhelming majority of threats. Among these are the spread of nuclear weapons and other weapons of tegic Subcommittee. While it is a tall the Senate would like to support the order to fill the shoes of Senator BOB objectives of this amendment—we mass destruction, international ter- rorism, and the ever increasing sophis- SMITH as subcommittee chair, I believe should address what could be done to the subcommittee has had a very suc- the amendment. tication of weapons in the hands of countries throughout the world. To cessful and productive session. Just I acknowledge that a point of order like last year with Senator CLELAND, it does lie, and at the appropriate time I counter these threats the committee added $78.8 million in the Emerging is always rewarding to have a dedi- would ask for the waiver. Yes. The an- cated ranking member like Senator swer is, we will see what we can do. So Threats Subcommittee accounts. These resources will fund critical research LANDRIEU. I want to thank her, as well I suggest as follows, that we allow as all the members of the sub- other colleagues—the President pro into new technology, while at the same time provide for the reduction and se- committee, for all the hard work they tempore, a member of our committee, put into this bill. the former chairman wishes to address curity of the nuclear and chemical ar- The Strategic Subcommittee has the bill, and the Senator from Colorado senals of the former Soviet Union. It is oversight and program authority over wishes to address the bill. There may money wisely spent and deserves our the following areas: (1) ballistic and be others. full support. cruise missile defense; (2) national se- So let us have some brief opening I have previously congratulated the curity space; (3) strategic nuclear de- statements by our two colleagues, and chairman and ranking member for livery systems; (4) military intel- I will adjust the procedure at the re- their work on this bill. Before closing, ligence; and (5) Department of energy quest of the Senator from Michigan. I want to congratulate each of the sub- Mr. LEVIN. That procedure would be committee chairmen—Senator INHOFE, (DOE) activities regarding the nuclear fine. I welcome hearing from our good Senator SNOWE, Senator SANTORUM, weapons stockpile, nuclear waste friends, including our former chairman, Senator ROBERTS, Senator ALLARD and cleanup, and other defense activities. and then perhaps we will lay this aside Senator HUTCHINSON—and their rank- During the last year, the sub- so we can try to make it in compliance, ing members for their contribution to committee held four hearings. this bill. Their leadership and work if possible, with the Budget Act. I wel- The first was on our national and provided the foundation for this legis- come the comments of the chairman. theater missile defense programs which The PRESIDING OFFICER. The Sen- lation. Finally, I believe it is impor- showed that the DOD continues to have ator from South Carolina. tant that we recognize Les Brownlee a funding-constrained ballistic missile Mr. THURMOND. Mr. President, as and David Lyles for their leadership of defense (BMD) program. In this year’s the Senate begins consideration of the a very professional and bipartisan budget, the administration finally in- national defense authorization bill for staff. creased the funding for the National This national defense authorization fiscal year 2001, I join my colleagues on Missile Defense (NMD) program, but we bill is a strong and sound bill. I intend the Armed Services Committee in con- found that all of the Ballistic Missile to support it and urge my colleagues to gratulating Chairman WARNER and the Defense Organization’s or BMDO’s join me in showing our strong support ranking member, Senator LEVIN, on major acquisition programs remain un- for the bill and our men and women in their leadership in preparing a strong derfunded. Plus, we were very con- uniform. cerned about the lack of funding for bipartisan defense bill, which passed The PRESIDING OFFICER. The Sen- the research and development tech- the Committee by an overwhelming 19– ator from Colorado. 1 vote. Mr. ALLARD. Mr. President, I thank nology programs. That is why in this bill we recommend substantial in- The national defense authorization Chairman WARNER for allowing me the bill for fiscal year 2001 ensures that our opportunity to speak in strong support creases in funding for ballistic missile Armed Forces can continue to carry of this essential bill for our men and defense programs and technologies. out their global responsibilities by fo- women in the armed services. I believe We also had a hearing regarding our cusing on readiness, future national se- it to be very fitting that we bring up S. national security space issues where we curity threats, and quality of life. I am 2549, the fiscal year 2001 Department of identified a number of areas in which especially pleased with the focus on the Defense Authorization Act, only 9 days budget constraints have caused DOD to quality of life issues. Our military per- after Memorial Day. insufficiently fund key space programs sonnel and their families are expected This bill should always be more than and technologies and technology devel- to make great sacrifices and they de- just a funding mechanism for today’s opment. We also learned from our ex- serve adequate compensation. There- military but a fitting tribute and to tensive post-Kosovo conflict hearings fore, I strongly support the 3.7 percent show our appreciation for those who that intelligence processing and dis- pay raise, the significant improve- served, are serving, and will serve in semination was insufficient to meet ments in military health care, espe- the future. some of our warfighting requirements. cially those impacting our military re- The Defense bill is entirely too im- That is why we recommended funding tirees and their families. These are portant to be mired in politics. We increases for the National Imagery and critical provisions, which when coupled must respect our military and provide Mapping Agency to improve the im- with the additional family housing and them the best Defense authorization agery tasking, processing, exploitation barracks construction, will result in a bill we can. and dissemination process.

VerDate Mar 15 2010 22:45 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06JN0.REC S06JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4532 CONGRESSIONAL RECORD — SENATE June 6, 2000 The Strategic Subcommittee also has million for the Airborne Laser program unobligated balances to accelerate oversight over two-thirds of the De- that requires the Air Force to stay on cleanup at Rocky Flats. Lastly, we partment of Energy’s budget, including the budgetary path for a 2003 lethal also provide employee incentives for the newly created and much needed Na- demonstration and a 2007 initial oper- retention and separation of federal em- tional Nuclear Security Administra- ational capability; an increase of $30 ployees at closure project facilities. tion or the NNSA. The subcommittee million for the Space Based Laser pro- These incentives are needed in order to also authorized funds for the Defense gram; a $129 million increase for NMD mitigate the anticipated high attrition Nuclear Facility Safety Board, an inde- risk reduction; an increase of $60 mil- rate of certain federal employees with pendent agency responsible for exter- lion for Navy Theater Wide; and extra critical skills. nal oversight of safety at DOE defense $8 million for the Arrow System Im- Also, the bill fully funds the Chem- nuclear facilities. provement Program; and for the Tac- ical Demilitarization Program at over We held the first congressional hear- tical High Energy Program an increase $1 billion, while fully funding the mili- ing to assess the programs of the newly of $15 million. tary construction for the Pueblo Chem- established National Nuclear Security For the Department of Energy pro- ical Depot at $10.6 million. For Pueb- Administration or the NNSA. We re- grams, the budget structure we have lo’s destruction of their chemical main concerned about the science- proposed for DOE is slightly different agents, there is a provision which pro- based stockpile stewardship program from the Administration’s request. We vides for the destruction of the chem- and the fact that it could be 15 years recommend that all activities of the ical agents at Pueblo either by inciner- before the DOE stockpile stewardship NNSA appear in a single budgetary ation or any technology through the program can be evaluated as an accept- provision, as required by section 3251 of Assembled Chemical Weapons Assess- able substitute for underground nu- the National Defense Authorization ment on or before May 1, 2000. The pro- clear testing. We are also concerned Act of FY 2000. The bill has an increase vision is to expedite the destruction ac- about the slow pace in re-establishing of $87 million to the programs within tivities by using one of the tech- pit manufacturing and tritium produc- the NNSA, which is an increase of nologies listed in the National Envi- tion capabilities and any long-term re- $331.0 million over last year. ronmental Policy Act documents for quirements or plans for modernization In DOE’s Environmental Manage- the Pueblo Chemical Depot. of its aging weapon production plans. ment account, we decrease the author- Plus, there are $34 million for the The fourth hearing was in the area of ization by $132.0 million. However, I procurement of precision targeting environmental management. I am en- want to stress that this bill still in- pods for the Air National Guard and I couraged that DOE continues to make creases the environmental manage- expect these funds to be used for such progress in focusing its resources on ment account by more than $350 mil- procurement. closure of a limited number of sites and lion over last year’s appropriated Mr. President, I want to thank Chair- facilities. However, just like in the amount. In addition, we decrease the man WARNER for the opportunity to area of space and missile defense, I am other defense account by $88.8 million point out some of the highlights in the very concerned that funding requests and move the Formerly Utilized Sites bill which the Strategic Subcommittee for science and technology develop- Remedial Action Program account to a has oversight and to congratulate him ment continues to drop. DOE needs a non-defense account, reflecting a de- and Senator LEVIN in the bipartisan vigorous research and development crease of $140 million. Finally, the bill way this bill was developed and ask program in order to meet its acceler- also provides $34 million to continue that all Senators strongly support S. ated cleanup and closure goals. progress on restoring tritium produc- In response to these needs, the Stra- 2549. I also want to thank Eric tion. tegic Subcommittee has a net budget Thoemmes, Paul Longsworth, Tom I would like to mention an important authority increase of $266.7 million McKenzie, and Tom Moore of the Stra- highlight of the Authorization bill out- above the President’s budget. This in- tegic Subcommittee, all the Armed side of the Strategic Subcommittee. cludes an increase of $530.3 million to Services Committee staff, and Doug I want to commend the new Per- Flanders of my staff for all their long the DOD account and a decrease of sonnel Subcommittee chairman, Sen- $263.6 million to DOE accounts. hours and hard work they put into this ator HUTCHINSON, for his work on the In the DOD accounts, there is a net important bill. comprehensive health care provisions increase of $418.6 billion for the Bal- Finally, one of Congresses main re- in the bill. There are many significant listic Missile Defense programs, an in- sponsibilities is to provide for the com- improvements to the TRICARE pro- crease of $98.2 million for advanced mon defense of the United States and I space technology, an increase of $190.0 gram for active duty family members. am proud of what this bill provides for million for tactical and national intel- The bill includes a comprehensive re- our men and women in uniform. We ligence programs, and an increase of tail and national mail order pharmacy must not be blinded by political mo- approximately $22 million for strategic program for eligible beneficiaries, with tives when it comes to our men and forces. no enrollment fees or deductible. This women in the Armed Services. I look There are two provisions which I results in the first medical entitlement forward to moving this bill through the would like to highlight which pertain for the military Medicare eligible pop- Senate, out of conference and to the to the future of our nuclear forces. ulation. I am also very happy with the President in order to quickly provide First, we have a provision which re- extensions and expansions of the Medi- the much needed and much deserved re- quires the Secretary of Defense, in con- care subvention program to major med- sources for our military. To our Armed sultation with the Secretary of Energy, ical centers and in the number of sites Services, I say this bill is a tribute to to conduct an updated nuclear posture for the Federal Employees Health Ben- your dedication and hard work. review. It has been since 1994 since the efit demonstration program. I yield the floor. last nuclear posture review. This is im- Lastly, I would like to point out a The PRESIDING OFFICER. The Sen- portant piece of the puzzle when deter- few items specific to Colorado. The De- ator from Virginia. mining the future shape of our nuclear fense Authorization Act fully funds Mr. WARNER. Mr. President, I thank forces. Rocky Flats at $673 million. Plus, we my distinguished colleague. It is a The second provision requires the require that all safeguard and security great pleasure to work with him. He Secretary of Defense, in consultation activities to be managed by Rocky has one of the toughest assignments as with the Secretary of Energy, to de- Flats, and not at DOE headquarter or- subcommittee chairman, and he does it velop a long range plan for the ganization, in order to ensure that fu- very ably. I thank him. sustainment and modernization of the ture savings will be used for additional Mr. ALLARD. I thank the chairman. U.S. strategic nuclear forces. We are Rocky Flats cleanup. There is also a The PRESIDING OFFICER. The Sen- concerned that neither Department has provision asking for a report on, as ator from Arkansas. a long term vision beyond their current well as encouraging the Secretary of Mr. HUTCHINSON. Mr. President, I modernization efforts. Energy to use, the authority provided rise to strongly support the speedy A few budget items I would like to in last years DOD authorization bill adoption of the National Defense Au- highlight include: an increase of $92.4 which allowed him to use prior year thorization Act for fiscal year 2001.

VerDate Mar 15 2010 22:45 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06JN0.REC S06JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 6, 2000 CONGRESSIONAL RECORD — SENATE S4533 I join my colleagues on the com- recruiters. If the high school continues are a number of key recommendations. mittee in expressing my appreciation to deny equal access to military re- The foremost of these provisions is the to Chairman WARNER for the out- cruiters, the Secretary of Defense will pharmacy benefit for Medicare-eligible standing job he has done in his work on then send a letter to the Governor no- beneficiaries to which Senator ALLARD this bill. tifying him of the denial and request- alluded in his remarks. This is the first I commend Senator ALLARD for the ing assistance in obtaining access for time Medicare-eligible military retir- great work he has done as chairman of military recruiters. ees have an entitlement to military the Subcommittee on Strategic Forces, If, after the efforts of the Secretary health care. for the work he did on the Personnel of Defense and the Governor, the high In addition, prescription drugs rep- Subcommittee prior to my ascension to school continues to deny access to resent the largest unmet need of Medi- that post, and for the assistance he has military recruiters, the Secretary of care-eligible beneficiaries. I will be given me; I express my appreciation for Defense will notify the congressional speaking on the Warner-Hutchinson that. delegation of the high school that has amendment, when that is offered, re- As chairman of the Personnel Sub- not complied with the statute we will garding health care and what we are committee, I worked closely with Sen- enact with the passage of this bill. Of doing for our men and women in uni- ator MAX CLELAND, our ranking mem- course, if the school board votes not to form. ber, to develop a package that is re- restrict access of military recruiters, I am very proud of this bill and sponsive to the manpower readiness the services and the Secretary of De- pleased with what the committee has needs of the military services, that fense will not be required to go through put together. It will provide the re- supports the numerous quality of life the procedures I just described. sources the military services need to improvements for our service men and I believe requiring school boards to maximize their readiness and to im- women, their families, and their retire- take that affirmative vote and to do so prove the quality of life for active and ment communities, and that reflects publicly in the light of their constitu- retired military personnel and their the budget realities we have today and encies will really eliminate this prob- families. will face in the future. lem that has posed such an obstacle to I express my gratitude to Charlie The subcommittee focused on the our military recruiters. In our hear- Abell, committee staff, for the out- challenges of recruiting and retention ings, we heard from frontline military standing work he has done in the past during each of our hearings this year. recruiters that the biggest obstacle and for the service he has again per- Even the health care hearing really fo- they have is actually having access to formed to our country and to the com- cused on that area of recruitment and be able to make their case to young mittee. I appreciate his work, along retention and the impact of what we do people in our schools today. with other members of the committee in the area of health care on our future Another initiative to support recruit- staff. I especially thank my personal retention and recruiting ability. ing is a pilot program in which the staff, Michael Ralsky, for the work he This bill will have a positive impact Army could use motor sports to pro- has done not only on behalf of our on both recruiting and retention as mote recruiting, implement a program country and our national security but those who might serve and those who of recruiting in conjunction with voca- for the State of Arkansas. This is a are serving see our commitment to pro- tional schools and community colleges, good bill worthy of the support of the vide the health care benefits promised and a pilot program using contract per- Senate. I am pleased to be supporting to those who serve with a full military sonnel to supplement active recruiters. it. career. Another important recommendation I again thank Chairman WARNER for I am very pleased with this bill. I am in this mark is the expansion of JROTC his leadership in putting this bill to- proud of this bill. I believe these initia- programs. We have added $12 million to gether. tives will result in improved recruiting expand the JROTC programs. We com- The PRESIDING OFFICER (Mr. GOR- and retention within the military serv- bine it with the funds in the budget re- TON). The Senator from Virginia. ices. quest. This will maximize the services’ Mr. WARNER. Mr. President, I thank The bill supports the administra- ability to expand JROTC during fiscal my colleague for his thoughtful re- tion’s request for an active duty end year 2001. marks, most particularly the remarks strength of 1,381,600, and reserve I am proud to be able to support directed at the staff and other mem- strength of 847,436, more than this ad- these important programs that teach bers of the committee. He is a hard- ministration requested. responsibility, leadership, and ethics working subcommittee chairman, and On military personnel policy, there and assist the military in recruiting. In he is tackling the problem of recruit- are a number of recommendations in- fact, it has been one of the most effec- ing and retention. We will hear further tended to support the recruiting and tive tools the military has in recruit- from the Senator as we proceed with retention and personnel management ing high school students. this bill. of the services. Among the most note- Our major recommendations include I ask unanimous consent we proceed worthy is a provision, that would be ef- a 3.7-percent pay raise for military per- briefly to discuss the pending amend- fective July 1, 2002, requiring high sonnel and a revision of the basic al- ment, and then we will proceed to an schools to provide military recruiters lowance for housing to permit the Sec- amendment to be offered by Senator the same access to the campus, to stu- retary of Defense to pay 100 percent of MCCAIN on food stamps, if that is dent directors, to student lists and in- the average local housing costs and en- agreeable as procedure. I say to my col- formation as they provide the colleges, sure that housing allowance rates are league, we are moving expeditiously, universities, and private sector em- not reduced while permitting increases with Senator ROBERT KERREY anxious ployers unless its governing body, the that local housing costs dictate. to come to the floor. school board, decides by a majority The bill directs the Secretary of De- I am not suggesting we will vote on vote to deny military recruiters access fense to implement the Thrift Savings the Warner amendment. We will dis- to the high school. Plan for active and reserve forces not cuss it, and when Senator MCCAIN Currently, there are literally hun- later than 180 days after enactment. comes to the floor, we will take up that dreds of high schools that have made Making mandatory the provision of the amendment. My understanding is he decisions—usually on the basis of the Thrift Savings Plan will be a very posi- desires less than half an hour. The Sen- superintendent or the principal—to tive recruiting and retention tool in as- ator can indicate the time the other deny access to military recruiters. For sisting the military services in attract- side desires, and then we will proceed those school boards that do not vote to ing highly qualified personnel and en- to rollcall vote and possibly go to the limit access to military recruiters, the couraging them to remain until retire- Kerrey amendment. proposed modification in the bill re- ment. Mr. LEVIN. That is fine. tains the original requirement that the This year, the committee focused on AMENDMENT NO. 3173 services must send a general or flag of- improving health care for active, re- Mr. WARNER. I thank the Senator ficer to visit high schools within 120 serve, and retired military personnel from Michigan. He indicated to the days of the denial of access to military and their families. In health care, there Senator from Virginia that the pending

VerDate Mar 15 2010 22:45 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06JN0.REC S06JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4534 CONGRESSIONAL RECORD — SENATE June 6, 2000 amendment, in our collective judg- I have examined these issues. There You are thinking about devoting 20 ment, is subject to a budget point of is no statutory foundation providing years of your life to this, or more— order. I have shared with his senior for entitlement to military health care watch out. staff that corrective measures were benefits. It simply does not exist, in We are going to get rid of the, taken to try to bring that amendment my judgment. It is mythical in terms ‘‘Watch out.’’ That is what we are try- within the strictures of the budget of a foundation law. But good-faith rep- ing to do, get rid of it, because the amendment so it would not be subject resentations were made to these mem- military retirees are the most cost-ef- to a point of order. We will show imme- bers. Who made the commitment is ir- fective recruiters that we have in diately what we intend to do. relevant. America today. They do not cost us In the meantime, I will discuss the I have some personal recollection. I anything. Yet it is those ladies and amendment until Senator MCCAIN was on active duty for a brief time to- gentlemen who served this Nation who comes to the floor. ward the conclusion of World War II, go out and talk to the youngsters. The I have introduced this amendment and then I had a second tour of active youngsters look up to them. The today to change the existing military duty during the Korean conflict— youngsters trust them. They look up to medical program to encompass in the again, less than 2 years. Nevertheless, I the veterans. They have been there. future retirees over 65. This amend- was surrounded by military people. I They have done it. They help tremen- ment provides uninterrupted access to remember well the inducements given dously helpful in recruiting. So there both TRICARE and CHAMPUS for at the conclusion of World War II when are many reasons for making these military retirees and their families so many desired to return to civilian health care improvements. without regard to age. life, requests to stay on active duty; The amendment is a quantum leap Let me use the term ‘‘retirees.’’ the same thing during the Korean con- ahead of the provisions already in com- Those following this debate might not flict—stay on active duty; continue; mittee markup at the desk. While the fully understand. We are talking about give the military the opportunity to markup includes the comprehensive men and women in the Armed Forces show you a career pattern. Part of drug benefit regardless of age, the who put in the necessary number of those representations included the amendment goes further and provides years of active service or reserve serv- health care package. uninterrupted access to complete ice or guard service, whatever the case Our committee has made a deter- health care services. As a result of may be, to meet the criteria of the var- mination—and indeed it is a bipartisan these initiatives, all military retirees, ious frameworks of law to qualify them decision—that we would fix the issue of irrespective of age, will now enjoy the for a retirement for such services as health care for our retirees this year. same health care benefits. they render. That is the class of indi- We started with a series of bills, step In town hall meetings, as I said, I lis- viduals being referred to. It does not by step by step. I have acknowledged tened carefully to the health care con- include persons, such as myself, who my gratitude, and indeed other mem- cerns of the military, particularly have short tours of military duties; it bers of the committee acknowledge those over 65. We have all done that. does not apply to me. When we use the their gratitude, for what the military The constant theme that runs through term ‘‘retirees,’’ it is only for those retirees did in bringing to our atten- their requests is that once they have who, by virtue of their services, met tion certain inadequacies of steps we reached the point at which they are eli- the statutory requirements and are eli- had taken. Step by step, we have im- gible for Medicare, they are no longer gible to receive retirement benefits. proved the benefits, in this particular guaranteed care from the military Beginning in World War II, promises phase of legislation, in this fiscal year. health care system. This discrimina- were made to military members that We are going to achieve a very signifi- tory characteristic of our current they and their families would be pro- cant improvement to the health care health care system has been in effect vided health care if they served a full benefit, particularly if that amend- since 1964. It reduces retiree medical career. Of course, we certainly included ment is adopted by the Senate. benefits and requires a significant active duty and to some limited extent The amendment I bring to the floor change in the manner in which health the reserve and guard for military repeals the restriction barring 65 or care is obtained at a point in the lives health care. We are talking about that older military retirees and their fami- of our older military retirees when sta- category of persons I have just de- lies from continued access to the mili- bility and confidence and respect and scribed. tary health care system. If included, indeed the love of the community is Subsequent legislation was enacted this provision will provide an equal most needed. This is an amendment which cut off medical benefits for those benefit for all military health care sys- which in effect repeals the 1964 law. over age 65, leaving them to depend on tem beneficiaries, retirees, reservists, In order to permit the Department of the Medicare system, which, in their guardsmen, and their families. This Defense to plan for restoring the health judgment and in the judgment of oth- puts all beneficiaries in the same class. care benefit to all retirees, my provi- ers, has proven insufficient, and in It is expensive, but I think it is es- sion would be effective on October 1, other ways it is a breach of promise. sential we do this to keep the faith 2001. While some may advocate an ear- So there are many underlying rea- with military retirees. I have had lier effective date, it is simply not fea- sons for the legislation I am proposing many meetings with both active and sible to expand the medical coverage to and the most important is equity. The retired military on the health care the 1.8 million Medicare-eligible retir- reputation of those in the military who issue. I conducted town hall meetings, ees overnight. gave the promise—not knowing there discussions with groups who have come The amendment eliminates the con- wasn’t any statutory foundation— to my office, and I have listened to fusing and ineffective transfer of funds made promises concerning medical those who have attended the Armed from Medicare to the Department of care to induce individuals to provide a Services Committee hearings regarding Defense. Military retirees will not be minimum, say, 20 years of service in their views. They filled the room on a required to pay the high cost of addi- most instances, to enable them to have number of occasions. They have come tional basic or supplemental insurance a career in the U.S. military. from all areas of the country to talk premiums to ensure their health care Not meeting the commitment to pro- about this. They are not seeking it needs. Military readiness will not be vide medical care is a breach of prom- solely for themselves. They are seeking adversely impacted, and our commit- ise made on behalf of our Nation. We to preserve the image of the U.S. mili- ment to those who serve their full ca- have to correct it. These individuals tary so the young people today who are reer will be fulfilled. devoted a significant portion of their considering joining at the recruiting What is apparent to me is that the lives, their careers, in service to our stations—going through our ROTC, will of the Congress, reflecting the will country. I recognize with profound sor- NROTC, the AROTC, all of these pro- of the Nation, is that now is the time row how we broke the promise to these grams—will consider a military career. to act on this issue. Access to military retirees, certainly when we passed leg- When they go back home they hear health care has reached a crisis point. islation in the early 1960s. We rectify it the oldtimers say: Watch out, they With the reduction in the number of today. broke a promise to me on health care. military hospitals and with the growth

VerDate Mar 15 2010 22:45 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06JN0.REC S06JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 6, 2000 CONGRESSIONAL RECORD — SENATE S4535 in the retiree population, addressing ends. It ends in, say, 2003. I want to day’s underfunded requirements but the health care needs of our older retir- hear what the Presidential candidate also to really try to initiate programs ees has become increasingly difficult. has to say about this program and such as training and education. Let me These beneficiaries should be assured whether he will support it, support it really underscore the word, in regard that their health care needs will be in the sense of extending it beyond to education, in something called ‘‘cy- met. 2003, support it in the budget requests bersecurity,’’ that will continue to pro- I am well aware of the legislative al- to provide the additional funds and vide meaningful solutions far into the ternatives that have been proposed to whatever is necessary to make the in- future. Senator WARNER’s initiative— address military retiree health care frastructure of our military able to what I refer to as the Roberts-Warner needs. I have struggled to examine the support this program. initiative, and the distinguished chair- most acute needs of these beneficiaries That is what we are working on. Mo- man refers to it as the Warner-Roberts and have struggled to develop a plan mentarily I will ask my amendment be initiative—he has embarked through that equally benefits all our retirees, modified. I yield the floor. his leadership and through his research not just those fortunate enough to live The PRESIDING OFFICER. The Sen- on a whole series of scholarships in in- near a military medical facility, or ator from Kansas. formation security to attract our those fortunate enough to be selected Mr. ROBERTS. Mr. President, it is young people, the best and brightest; through some sort of lottery to be al- my intention to speak for about 10 not to rely on those who come to us lowed to participate in the various minutes in reference to the National from foreign countries with ever-in- pilot programs now underway. My goal Defense Authorization Act. I thank the creasing higher immigration quotas. is to provide health care through a distinguished chairman of the Armed We must bring the next generation on means that is available to all bene- Services Committee, Senator WARNER, to have this expertise. So these Warner ficiaries, in an equitable and complete for his outstanding leadership in the scholarships in regard to information manner. past year. I also thank the distin- security for the Department of Defense As I have made it clear throughout guished ranking member, Senator will have far-reaching and, most im- the year, improving the military LEVIN, for his leadership as well. portant, positive effects in this situa- health care has been the Committee’s This is a good, solid, and positive ef- tion. top quality of life initiative this year. fort in behalf of our national defense. Second, I want to talk about the ter- We have listened. We have, with bipar- As a subcommittee chairman, I am par- rorist threats to our citizens and our tisan support, enhanced our earlier leg- ticularly proud of the work we were service members. It shows no sign of islation to include full pharmacy bene- able to accomplish in the sub- diminishing. Especially in regard to fits. The amendment now before the committee that we call the Emerging the weeks that led up to the millen- Congress complements those earlier ef- Threats and Capabilities Sub- nium celebration, numerous individ- forts and provides an equitable medical committee. I would like to review the uals who were suspected of planning benefit, one that is not based on age. It key provisions contained in this act terrorist attacks directed at U.S. citi- is time to act. that fell under the jurisdiction of the zens were arrested in the United States At the suggestion of my distin- Emerging Threats Subcommittee. and abroad. guished colleague, to avoid a point of As the chairman has pointed out, as This is a threat from state actors and order, I am looking at not changing the well as the distinguished Senator from nonstate actors all over the world; and fundamental provisions in the amend- Michigan, in the last year, what we with the proliferation of weapons of ment but limiting it to two or possibly call information warfare, and what mass destruction, the threat of a ter- three fiscal years. That will bring us some call cyberthreats—and the Amer- rorist attack with a chemical, biologi- within the constraints of the budget ican public is certainly becoming much cal, or nuclear weapon is increasing at resolution. That is an important step. I more aware of that situation—to the an alarming rate. appreciate my colleague bringing this United States, including the Depart- to our attention. ment of Defense, have increased very We asked the experts who came be- It will have another effect. It will en- dramatically. The Department of De- fore the Emerging Threats Sub- able the Congress, and initially our fense reported that these attacks on committee, the experts whose job it is committee, to go in, in depth, and Defense Department systems increased to determine what represents a vital study this amendment because it is from under 6,000 in 1998, only 2 years national security risk: What keeps you going to have a very significant impact ago, to over 22,000 in 1999. That figure up at night? What makes you really on the existing infrastructure that is is doing nothing but dramatically in- worry in regard to a vital national se- caring for the existing active duty and creasing and there is every indication curity threat? military retirees under 65. We cannot that this trend is going to continue. Their response was largely along two fully calculate, no matter how hard we From a national economic standpoint lines of concern: one, in regard to the look into this, what that impact would in regard to private industry, we are cyberattacks which we are already ex- be. In my own judgment, it will require very susceptible and we are very vul- periencing in private industry and the the Congress to step forward and pro- nerable. In regard to our national secu- Pentagon experiences every day, and vide funds, maybe some legislation, to rity, we are very vulnerable. I remain the other one was biological attacks. It help the existing infrastructure absorb concerned that many important, what is so easy to use, whether it be a state the over-65 retirees as they return to we call information assurance pro- actor or a nonstate actor or anybody what was justly promised them when grams, designed to protect against connected with organized crime or any they signed up. such cyberattacks, basically remain individual who wants to cause a great So this amendment has the advan- underfunded by the Department of De- deal of trouble. tages of laying it out, giving a reason- fense. For example, at the hearing be- We, as a nation, must continue to de- able period of time for the Department fore the Subcommittee on Emerging tect and try to deter such attacks, but and for the Congress to examine it and Threats and Capabilities, as of this if such an attack happens, we must be determine what we have to give by way spring witnesses from the Department prepared to deal with the con- of additional support. once again confirmed that such funding sequences. We call this consequence Also—I say this with no political mo- shortfalls remain significant and pre- management. We in Kansas, just to the tive whatsoever—it should become and sented a list of almost $500 million in north of Oklahoma City, full well know will become, in my judgment, an issue unfunded requirements in this area. what kind of a tragedy can occur in re- in the Presidential campaign. I am Obviously that is a considerable gard to consequence management. Stop quite certain the retirees will say to amount of money. When you compare and think a minute about a terrorist both candidates: Look here, the Senate it to the ever-increasing threats and threat and what could happen in our of the United States included this pro- vuneralabilities, you can see just how urban areas or, for that matter, any- vision. It went over to the conference important this is. where in the country, and my col- with the House. It survived. It was For these reasons, we have included leagues can understand the seriousness signed into law by the President. But it $76.8 million in this bill not only for to- of this problem.

VerDate Mar 15 2010 22:45 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06JN0.REC S06JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4536 CONGRESSIONAL RECORD — SENATE June 6, 2000 Our subcommittee will continue to been spent since fiscal year 1993 on a I join our able chairman in thanking play a leading role in ensuring the De- program designed to secure the weap- the majority and minority committee partment of Defense is adequately ons-usable nuclear material in Russia staff, my subcommittee staff, and my funded and structured to perform its and the states of the former Soviet personal staff for a job well done. I spe- critical role in the overall U.S. Govern- Union, but only 7 percent of the total cifically mention Pam Farrell. If one ment effort to, again, deter, detect, and nuclear material identified as being at puts charming and tenacious together, combat terrorism. The bill contains an risk has been secured. I am troubled by it might be considered an oxymoron. It additional $35 million for these efforts. this progress achieved in light of this is not the case with Ms. Farrell. With- This year we continue a comprehen- significant investment. We are not out her leadership and expertise and sive review, initiated last year, of the going to scrap the program, but we being just as tenacious as she can be, activities of the Department of Defense must do better. we would never have increased the to combat terrorism. Obviously, our In March, the GAO testified that the science and technology budget by more goal is to make the Department efforts costs associated with achieving the than 9 percent over the President’s in this critical area more visible and threat reduction will continue to in- budget. She does an amazing job. certainly better organized. In fact, at a crease due primarily to the following I would also like to thank Ed Edens subcommittee hearing, leading Depart- facts: Russia’s inability to pay its and Joe Sixeas, who is affectionately ment of Defense witnesses testified to, share of the costs of these programs, called Andy, for their work in regard to No. 1, what their jurisdiction is; No. 2, and we are certainly working in that the counterterrorism efforts we are what they have been doing; No. 3, what regard with our Russian counterparts; conducting, more especially with the they plan to do and what their budget Russia’s basic reluctance to provide RAID teams that we now say are CST requirements are; and if, in fact, they the United States with needed access teams; Chuck Alsup in regard to the could ask us for their priority con- to its sensitive facilities. I was in Rus- joint experimentation initiative; Cord cerns, what would they be. sia last August attempting to gain Sterling, who has been in Central Before this hearing, I asked them to greater access. We will continue those America, South America, virtually sit in the order of their chain of com- efforts. mand to figure out who was in charge To help solve those problems, this every country where we have a threat and is this effort being properly coordi- mark contains several initiatives to in regard to drugs, working overtime. nated and shared, and what about com- obtain greater Russian commitment In regard to cyberattacks, Eric munication. They looked at one an- and necessary access to ensure these Thoemmes, does an outstanding job. He other. There were four witnesses and programs will have a greater chance of really has to keep up with that and has nobody knew who was at the top of the attaining their stated objectives, and if done a super job. Then on the coopera- chain of command. Hello, we have a big we do that, these programs will attain tive threat reduction programs, Mary problem in that respect. even further widespread support and Alice Hayward. We included in the markup a provi- they can be a success. All of these folks have done an out- sion to address this. When I say ‘‘we,’’ I call the attention of my colleagues standing job. Their minority counter- I include the distinguished ranking to a modest, but extremely important, parts have done likewise. We are only member of the subcommittee, Senator initiative in this bill with widespread as good as our staff. In this regard, I BINGAMAN, and the distinguished Sen- bipartisan interest that will lead to a want to pay personal thanks to the ator whose efforts, in part, led to the major joint field experiment in 2002. I staff. creation of the subcommittee, Senator do not know of any commitment that I urge the adoption of this legisla- LIEBERMAN. will be undertaken in the future by any tion. We have also worked to increase the of our military services that will not Mr. President, I yield the floor. capabilities of the Department of De- be joint. The PRESIDING OFFICER. The Sen- fense to assist in the event of a ter- This experiment will evaluate visions ator from Arizona. rorist attack on U.S. soil involving the of our military services for future com- Mr. MCCAIN. Mr. President, I have use of a weapon of mass destruction. bat forces and ensure they can be an amendment. This bill also authorizes over $1 bil- brought together effectively for joint Mr. WARNER. Before the Senator lion, again to support the Russian military operations to deter and proceeds, I express my gratitude to our threat reduction and nonproliferation counter the emerging threats to our distinguished chairman of the Emerg- efforts. During the post-cold-war dec- national security. I am talking about ing Threats Subcommittee for a mar- ade, the U.S. Government has spent—I the fact that we lack interoperability. velous job. I commend the Senator for do not think too many of my col- I know the services and the service giving his staff due recognition for leagues recognize this; I know not too chiefs say we have this interoper- their wonderful work. It is a vital sub- many of our American citizens under- ability. With all due respect to the committee. It is on the absolute cut- stand this, but during the post-cold- service chiefs and others, we do not ting edge of everything we have to be war decade, the U.S. Government has have that ability to the degree we need doing in the Senate. spent over $4.7 billion in the former So- it. That is why we feel we must press I thank the Senator and yield the viet Union to reduce the threat posed ahead with a major joint field experi- floor. by the possible proliferation of weap- ment if we possibly can. It is abso- Mr. ROBERTS. I thank the Senator. ons of mass destruction and weapons- lutely essential. AMENDMENT NO. 3179 usable nuclear materials and scientific Finally, my colleagues will find in expertise. After nearly a decade of this recommendation an affirmation of (Purpose: To establish a special subsistence working in Russia and the other states the subcommittee’s strong support of allowance for certain members of the uni- formed services who are eligible to receive of the former Soviet Union, commit- the Defense Science and Technology food stamp assistance) ting ourselves to future efforts, we Program. This bill includes an in- Mr. MCCAIN. I have amendment No. crease—I emphasize, an increase—of thought it was important for us to re- 3179 at the desk and ask for its imme- $446 million to science and technology. view what these programs have diate consideration. achieved. That is a 9-percent increase over the The PRESIDING OFFICER. Is there Senator LEVIN has spoken eloquently President’s budget request. It is this objection to laying aside the pending of the need for the continuation of this investment that will provide for future effort and the intent of the effort. I capabilities to deal with emerging amendment? share his commitment, but I am con- threats to our national security. Without objection, it is so ordered. cerned that for all the good intentions This is a solid effort; it is a positive The clerk will report the amendment. and all the significant investment that effort. It will meet the objective within The bill clerk read as follows: has been made, the return of reducing the constraints of the defense budget The Senator from Arizona [Mr. MCCAIN] the threat has been too small relative for the work assigned to the Emerging proposes an amendment numbered 3179. to the $4.7 billion. We can do better. Threats and Capabilities Sub- Mr. MCCAIN. I ask unanimous con- For example, the General Accounting committee. I urge approval of this leg- sent that reading of the amendment be Office found that $481.2 million has islation. dispensed with.

VerDate Mar 15 2010 22:45 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06JN0.REC S06JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 6, 2000 CONGRESSIONAL RECORD — SENATE S4537 The PRESIDING OFFICER. Without (b) EFFECTIVE DATE.—Section 402a of title urday, they give away what they collect to objection, it is so ordered. 37, United States Code, shall take effect on needy, eager Marine families. The amendment is as follows: the first day of the first month that begins Their efforts reflect a cold reality for thou- on or after the date of the enactment of this sands of low-ranking men and women in uni- On page 206, between lines 15 and 16, insert Act. form assigned to high-priced Washington and the following: (c) ANNUAL REPORT.—(1) Not later than elsewhere: Military salaries, never substan- SEC. 610. SPECIAL SUBSISTENCE ALLOWANCE March 1 of each year after 2000, the Comp- tial, often fall far short of what they need. FOR MEMBERS ELIGIBLE TO RE- ‘‘We’re talking about the basics of life CEIVE FOOD STAMP ASSISTANCE. troller General of the United States shall submit to Congress a report setting forth the here, and they don’t have it,’’ said Lisa (a) ALLOWANCE.—(1) Chapter 7 of title 37, Joles, a Marine wife who created the volun- United States Code, is amended by inserting number of members of the uniformed serv- teer network two years ago. ‘‘Sometimes, after section 402 the following new section: ices who are eligible for assistance under the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.). they don’t have a thing. I didn’t know how ‘‘§ 402a. Special subsistence allowance (2) In preparing the report, the Comptroller large the problem was until I got to ‘‘(a) ENTITLEMENT.—(1) Upon the applica- General shall consult with the Secretary of Quantico.’’ tion of an eligible member of a uniformed Defense, the Secretary of Transportation Of the 40,000 enlisted soldiers, Marines, service described in subsection (b), the Sec- (with respect to the Coast Guard), the Sec- sailors and airmen based in the area, many retary concerned shall pay the member a retary of Health and Human Services (with feel compelled to work part-time or even special subsistence allowance for each month respect to the commissioned corps of the full-time civilian jobs to supplement what for which the member is eligible to receive Public Health Service), and the Secretary of their country pays them, according to mili- food stamp assistance. Commerce (with respect to the commis- tary families and officials. Hundreds more, ‘‘(2) In determining the eligibility of a sioned officers of the National Oceanic and especially low-ranking troops with families, member to receive food stamp assistance for Atmospheric Administration), who shall pro- rely on food stamps or other forms of federal purposes of this section, the amount of any vide the Comptroller General with any infor- assistance. Many depend on the charity of special subsistence allowance paid the mem- mation that the Comptroller General deter- their fellow troops. ber under this section shall not be taken into mines necessary to prepare the report. ‘‘How can we send members of the military account. (3) No report is required under this sub- to Kosovo and expect them to do their job if ‘‘(b) COVERED MEMBERS.—An enlisted mem- section after March 1, 2005. they’re concerned about the family being ber referred to in subsection (a) is an en- able to afford new school shoes?’’ said Syd- listed member in pay grade E–5 or below. Mr. MCCAIN. Mr. President, I ask for ney Hickey, a spokesman for the National ‘‘(c) TERMINATION OF ENTITLEMENT.—The the yeas and nays on the amendment. Military Family Association in Alexandria. entitlement of a member to receive payment The PRESIDING OFFICER. Is there a Since 1982, military salaries have fallen of a special subsistence allowance termi- sufficient second? nearly 14 percent behind civilian pay, ac- nates upon the occurrence of any of the fol- There is a sufficient second. cording to federal figures. Congress has ten- lowing events: The yeas and nays were ordered. tatively approved a 4.8 percent pay raise to ‘‘(1) Termination of eligibility for food Mr. MCCAIN. Mr. President, this take effect Jan. 1; many service members stamp assistance. amendment would provide the funding will receive a second raise six months later. ‘‘(2) Payment of the special subsistence al- But the raises still will leave a military-ci- lowance for 12 consecutive months. necessary to end the food stamp mili- vilian gap of more than 11 percent, according ‘‘(3) Promotion of the member to a higher tary. I come to the floor with this pro- to studies. The situation is particularly hard grade. posal which I introduced in March. Two of families—and 53 percent of the enlisted ‘‘(4) Transfer of the member in a perma- months ago, I offered an amendment to force nationally is married. nent change of station. the congressional budget resolution for ‘‘A single Marine, with due diligence, can ‘‘(d) REESTABLISHED ENTITLEMENT.—(1) fiscal years 2001 through 2005. The Sen- get by,’’ said Thomas Loughlin, who heads After a termination of a member’s entitle- ate adopted an amendment then to se- the Marine Corps Community Services at ment to the special subsistence allowance Quantico. ‘‘The real problem is people with under subsection (c), the Secretary con- cure funding to end the ‘‘food stamp families. It’s a sad indictment of society that cerned shall resume payment of the special military’’ by a vote of 99–0. somebody who’s willing to give his life for subsistence allowance to the member if the I would expect a similar vote, but I his country gets paid close to minimum Secretary determines, upon further applica- think it is important that we get Mem- wage.’’ tion of the member, that the member is eli- bers on record to try to rectify what is Pentagon officials acknowledge that some gible to receive food stamps. really a very deplorable and unaccept- service members face severe hardships, not ‘‘(2) Payments resumed under this sub- able situation, and that is, our junior only in the Washington area but also in section shall terminate under subsection (c) enlisted service personnel, mostly in other parts of the country. But they insist upon the occurrence of an event described in that such cases do not reflect conditions for that subsection after the resumption of the the pay grades E1 through E5 are on the vast majority of troops, and they point payments. food stamps. to statistics showing that junior enlisted ‘‘(3) The number of times that payments Mr. President, I ask unanimous con- service members earn more than the general are resumed under this subsection is unlim- sent that several articles in the Wash- population of high school-educated 18- to 23- ited. ington Post, and several other news- year-olds. ‘‘(e) DOCUMENTATION OF ELIGIBILITY.—A papers—the Memphis Commercial Ap- At the same time, the officials said that member of the uniformed services applying peal, the London Sunday Telegraph—be improving pay is critical to Pentagon efforts for the special subsistence allowance under to solve problems in retaining people in the printed in the RECORD. this section shall furnish the Secretary con- armed forces. ‘‘A lot of our troops are wait- cerned with such evidence of the member’s There being no objection, the mate- ing to see what happens with the pay pack- eligibility for food stamp assistance as the rial was ordered to be printed in the age,’’ said Rudy de Leon, undersecretary of Secretary may require in connection with RECORD, as follows: defense for personnel and readiness. the application. [From the Washington Post, July 20, 1999] Military pay varies considerably by rank, ‘‘(f) AMOUNT OF ALLOWANCE.—The monthly length of service and other factors. A single FEELING THE PINCH OF A MILITARY SALARY; amount of the special subsistence allowance Marine private first class, for example, FOR SOME FAMILIES, PAY DOESN’T COVER under this section is $180. would earn base pay of $1,075 a month, plus THE BASICS ‘‘(g) RELATIONSHIP TO BASIC ALLOWANCE a subsistence allowance of $225 a month for FOR SUBSISTENCE.—The special subsistence (By Steve Vogel) food. Those living off base also receive a allowance under this section is in addition to On a muggy Saturday at Quantico Marine housing allowance that varies by jurisdiction the basic allowance for subsistence under Corps Base, about two dozen Marines and and would be $612 for someone living near section 402 of this title. family members quietly poked through piles Quantico. ‘‘(h) FOOD STAMP ASSISTANCE DEFINED.—In of discarded furniture, clothing and house- In addition, members of the armed forces this section, the term ‘food stamp assist- hold goods in what has become a weekly rit- receive some benefits, such as medical care, ance’ means assistance under the Food ual at the big Northern Virginia installation. at a fraction of the cost for most civilians. Stamp Act of 1977 (7 U.S.C. 2011 et seq.). Those who defend the nation were trying Commissaries offer items that are 30 percent ‘‘(i) TERMINATION OF AUTHORITY.—No spe- to make ends meet. cheaper than at civilian stores, according to cial subsistence allowance may be made At 8 a.m., the patch of lawn was covered Pentagon figures. Service members also do under this section for any month beginning with beds, tables, dressers and desks. Within not pay federal taxes on their food and hous- after September 30, 2005.’’. 45 minutes, almost all the furniture was ing allowances. (2) The table of sections at the beginning of gone. The price was right—everything was A recent Pentagon study found that, over- such chapter is amended by inserting after free. all, only 450 of the 1.4 million members of the the item relating to section 402 the fol- The items had been gathered by volunteers armed forces were living at or below the na- lowing: who go ‘‘trashing’’ every Tuesday, scouring tional poverty level, which is $413,332 for a ‘‘402a. Special subsistence allowance.’’. garbage left at curbs on the base. Every Sat- family of three.

VerDate Mar 15 2010 22:45 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06JN0.REC S06JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4538 CONGRESSIONAL RECORD — SENATE June 6, 2000 But advocates for military families said ‘‘The cost of living will eat you alive,’’ said The Defense Department has ordered an- that the statistics and benefits do not reflect Sgt. Edna Jackson-Jones, a Marine at other study on its food stamp families, the how difficult it is for many men and women Quantico who tried to find affordable hous- third since 1991. Defense spokesman Susan to both serve their country and live com- ing near the base but instead lives with her Hansen said incremental pay raises sched- fortably in peacetime. three children in an apartment in Fred- uled through 2005 and a proposed major boost ‘‘We believe there are an awful lot of fami- ericksburg. ‘‘I had to go further south be- in the housing allowance should help allevi- lies who are living at the wire, and fre- cause it’s cheaper down there.’’ ate cost-of-living problems for everyone. quently fall over it,’’ Hickey said. Quantico offers classes in budgeting and ‘‘But I think we’ve seen in the past that Several evenings each week, as soon as he buying cars and directs needy Marines to the food stamp issue is more a function of finishes duty at Quantico, Lance Cpl. Harry emergency aid, but officials say it is difficult larger families for junior personnel than Schein darts off base, picks up his 14-month- to assist all those facing difficulties. other demographic groups,’’ Hansen said. old son from day care and drops him off with ‘‘We have a lot of problems reaching out to Food stamp recipient Shauntrel Linton the boy’s mother. them, because many times, they don’t want says her husband joined the Army specifi- Then he drives up I–95 to Arlington and you to know they have a problem,’’ said Maj. cally because she was pregnant with their joins a group of Marines who moonlight by Kim Hunter, deputy director of Marine Com- first child. Her father was in the military, moving office furniture until about 11 p.m. munity Services. ‘‘It’s not their nature.’’ and they assumed joining the Army would On Saturdays and Sundays, he works from 4 One result is that members of the military cover their young family’s costs. ‘‘I think I p.m. until midnight as a security guard in routinely work second jobs, often without thought he’d be making the same amount as Alexandria. permission from superiors, military officials my dad,’’ she said. ‘‘Most of the Marines I know are living acknowledged. Enlisted men and women sell The military doesn’t want to encourage check to check and barely making it by and goods at Potomac Mills, flip hamburgers at people who are young and at low levels in have to get some kind of supplement,’’ said fast-food restaurants, do construction work, the military to have many children, said Schein, whose pretax paycheck is $2,168 a deliver packages for UPS. Steven Kosiak of the defense-oriented Center month, including housing and food allow- ‘‘Seems like everybody who’s been here a for Strategic and Budgetary Assessments. ances. That, he said, does not cover his $595- while has a part-time job,’’ said Marine Although raising all military salaries costs a-month apartment in Dale City; gas; car in- Lance Cpl. Robert Hayes, who has a second more than just taking care of the food-stamp surance; and day care, clothes and food for job as a mover. ‘‘You really don’t have population, targeting special financial con- his son, Devantre. On top of his part-time work, Schein has enough money to make it to the next pay- sideration to potential food-stamp recipients had to turn to the government’s Women, In- check otherwise.’’ creates the problem of different pay for the fants and Children nutrition program, which same work. ‘‘But having said that, nobody provides federal vouchers so he can buy for- [From the Commercial Appeal, Memphis, wants to think there are military people who mula, juice and baby cereal. The Navy-Ma- TN, Mar. 5, 2000] are so underpaid they are resorting to food rine Corps Relief Society also gave him sev- ON HOME FRONT, MILITARY FAMILIES stamps,’’ Kosiak said. ‘‘This is not an eral hundred dollars in commissary vouchers STRUGGLE WITH LOW PAY unsolvable problem, but it is complicated.’’ to buy food. (By Kim Cobb, Houston Chronicle) The last Defense Department study, con- ducted in 1995, found that 59 percent of mili- ‘‘All the pride in the world, all the awe Quotesha Austin is tired of being poor. It is people have when they see a Marine, all that tary food stamp recipients were living on the not what she expected as an Army wife. base. Most of that group would not be eligi- isn’t going to pay the bills,’’ said Schein, 22. Her husband, Pfc, Gary Austin, spends his The Queens, N.Y., native said that he ble for food stamps, the study speculated, if days training at sprawling Fort Hood, where the agencies that administer them were able joined the Marines to make his parents he drives a lumbering, tank-like vehicle proud but that he is likely to leave when his to fully measure ‘‘hidden compensation,’’ called a Bradley. He is paid $1,171 a month like on-post housing. enlistment runs out next year. ‘‘As much as before taxes, a couple hundred dollars in sub- I love being a Marine, monetarily, I can’t,’’ Those conducting the study found that an sistence pay and a housing subsidy that does additional 41 percent of recipients were col- he said. not cover the rent for his family. Military installations do not generally lecting food stamps even though they lived ‘‘That spells broke,’’ Quotesha Austin says track how many troops receive public assist- off base and their housing allowances were dryly. They can’t afford a car, and she can’t ance. But many officials who work with low- calculated as part of their gross pay. The find a job that pays enough to cover day care income service members in the Washington study determined that of 4,900 food stamp for her two children. area said that the problem is significant and families living off base, only 1,100 should In November, she began collecting food has grown worse in recent years. qualify for food stamps, based on income and stamps, and the Austins joined the list of an Many soldiers ‘‘can only afford food, cloth- family size. estimated 12,000 military families who do the ing and shelter and getting to work,’’ said At the lowest end of the scale, an enlisted same. Brenda Robbins, an Army Community Serv- man or woman at the pay grade of E–1 earns More than $13 million in food stamps was ices worker at Walter Reed Army Medical $1,005.49 per month in base pay. The largest redeemed last year in military com- Center. ‘‘Saving is almost obsolete.’’ percentage of servicemen and women draw- A recent survey of 165 soldiers at Walter missaries. There is no way to measure how ing food stamps are at the slightly higher E– Reed found that 41 percent were using some many were redeemed by military families in 4 pay grade, which starts at $1,242.90 per form of public or private charity, according civilian supermarkets. month for those with less than two years of to Bill Swisher, a spokesman. Although food stamp recipients are less service. Commissaries at Fort Belvoir, Fort Meade, than 1 percent of the nation’s 1.4 million The military got a 4.8 percent raise in Jan- Fort Myer, Andrews Air Force Base, service members, the issue has embarrassed uary for every person in uniform. Seventy- Quantico and Patuxent River Naval Air Sta- some officials who claim to be supporters of five percent of all service members will re- tion collected more than $800,000 worth of the military and has erupted as an emotional ceive another pay increase in July, although food stamps and WIC vouchers last year, ac- campaign topic for GOP presidential hope- it’s targeted to midgrade and noncommis- cording to the Defense Commissary Agency. fuls George W. Bush and John McCain. sioned officers. More than $21 million worth of WIC vouch- They argue it is an outrage that men and ers were redeemed at military commissaries women who put their lives on the line for [From the London Sunday Telegraph, Oct. last year, according to Pentagon figures. their country must seek help to feed their 31, 1999] Nearly 12,000 service members—less than 1 families. For its part, the Defense Department has U.S. SOLDIERS RELY ON CHARITY TO SUPPORT percent of the force—received food stamps in FAMILIES 1995, the last year a study was conducted. studied the food stamp issue and dismissed it ‘‘I think it stinks, really, that a member of as too costly to fix in light of the relatively (By David Wastell) the armed forces has to go to food stamps,’’ small number of military families eligible Thousands of American soldiers serving in said Lance Cpl. Damon Durre, 25. But that’s for food stamps. the world’s most powerful armed forces are what the Quantico Marine did after finding But the military has another problem— so poorly paid that they are having to de- he could not support his wife and two chil- how to recruit and retain good people when pend on charity to provide their families dren on his take-home pay. jobs are plentiful and the economy is strong. with basic household necessities. Service members in this area do not re- The Senate Armed Services Committee met The spectacle of America’s defenders ceive cost-of-living adjustments in their pay, recently to discuss the subject. standing in line at social service offices, or unlike those in New York, San Francisco and Many advocates for better military pay raking through discarded furniture to find Boston. Washington does not qualify as a point to a 13 percent gap between overall beds for themselves and toys for their chil- high-cost area under a formula used by the military pay and that for comparable civil- dren, has horrified the nation and is emerg- military. ian jobs. The defense-oriented Center for ing as a potent issue in the forthcoming Housing allowances are adjusted according Strategic and Budgetary Assessments be- presidential election. to jurisdiction, but many service members lieves the gap is exaggerated but concludes Although military authorities insist that say it is not enough to cope with area rents, that increasing pay and benefits to some de- the problem is small, and only affecting and many end up living 40 or 50 miles from gree is a reasonable response to recruitment young men with unusually large families, their duty stations. problems. soldiers’ wives and welfare organisations say

VerDate Mar 15 2010 22:45 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06JN0.REC S06JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 6, 2000 CONGRESSIONAL RECORD — SENATE S4539 that many more service personnel are strug- pleted his basic training, said: ‘‘We slept on cently because although he had his food gling to make ends meet—but are too proud the floor for three weeks before I got up the stamps, he did not have with him an official to seek the help which they need. guts to call someone.’’ Almost all the fur- card stating he was entitled to them. Tony Bradshaw, a 19-year-old lance-cor- niture in their two-bedroom home was subse- poral at Quantico, a US Marine base 30 miles quently given to them by an organization These are just demonstrations of a south of Washington, who has been receiving called Help—Help Enlisted Lives Prosper. situation that exists in our Armed food stamps—vouchers that can be ex- Mrs. Miller and her husband also reluc- Forces today; that is, that approxi- changed for goods at shops—for the past two tantly decided to apply for food stamps. But mately 6,300 service members receive months, said: ‘‘It’s very hard to realise and after three separate visits to a social serv- food stamps. That is an unofficial DOD admit it. I have to do whatever I can to pro- ices office outside the base, during the last of report, while the General Accounting vide for my family. But I did not expect it to which they were forced to wait for three Office and Congressional Research be like this when I joined up.’’ hours, they gave up because they could not A family of three—with one child and the endure the humiliation. Service place the number at nearly wife not working—would qualify for food Mrs. Miller said: ‘‘My mother was on food 13,500. There is some disparity with the stamps if their pre-tax income is less than stamps and I never wanted to be on them numbers, but the fact is that there are $873 (£528) per month. A two-child family myself. This isn’t what my husband’s re- still thousands on food stamps. Obvi- would qualify on income less than $1,176 cruiter led us to expect.’’ Lisa Joles, 35, the ously, I believe this is a national dis- (£705) per month, rising to $2086 (pounds 1252) energetic founder of Help and the wife of a grace and it needs to be repaired. for a family with five children. local marine, has become an unofficial wel- Food stamps worth $142 a month have fare officer for many of the young families The amendment will cost approxi- helped eke out the $1,000 monthly pay cheque who arrive on the base, often to set up home mately $28 million over 5 years. That is on which L/Cpl Bradshaw, his wife Tenille for the first time. an average of less than $6 million per and their two young children must live in a She encourages them to apply for food year, to pay for an additional allow- small, tin house in the middle of the base. stamps and other welfare benefits. She has ance of $180 a month to military fami- Mrs. Bradshaw said: ‘‘Without food stamps also worked hard to publicise the problem, lies who are eligible for food stamps. my children would not be having much of a something which has not endeared her to the Additionally, the Congressional Budget Christmas.’’ marines’ authorities. They have their own Office estimates that this amendment But the system can be humiliating. De- support system which Mrs. Joles insists she spite having no other means of paying, L/Cpl is trying to complement. They point out would save millions of dollars in the Bradshaw was not allowed to buy a loaf of that any problems are not unique to Food Stamp Program by removing bread at the base’s military supermarket re- Quantico. service members from the food stamp cently because although he had his food Most weekends Mrs. Joles and her hus- rolls for good. stamps, he did not have with him an official band, Baron, an infantryman, distribute As we know, in recent years military large quantities of furniture, clothing and card stating he was entitled to them. A long pay increases have barely kept pace line of other shoppers, many of them fellow other household goods which have been do- marines, saw him being refused. nated either by better-off marines or by with inflation. But last year there was Denis McFeely, food stamps programme sympathisers. a significant increase, including a pay manager at the nearest social services office Families like the Bradshaws and the Mil- raise for admirals and generals, who re- to the base, said: ‘‘The coupons identify an lers have equipped most of their homes that ceived a 17-percent pay raise last year. individual in a check-out queue as being on way. Last week L/Cpl Eric Clay and his fam- And enlisted families continue to line a low income. Other people look to see what ily—wife Alisha and children Kelsey, aged up for free food and furniture. is being bought with their tax dollars. The three and one-year-old Emily—were praising programme has a sigma attached to it.’’ Mrs. Joles as they sifted through the mound I was pleased to hear the prospective That is one reason why the true number of of material she had gathered in a shed be- Chief of Naval Operations, Admiral US servicemen and their families entitled to hind her house. Vern Clark, support a food stamp sti- receive food stamps is almost certainly far Mrs. Joles also organises small squads of pend when he testified before the Sen- higher than the 12,000 who actually do so. wives to do temporary work for local em- ate Armed Services Committee on May The problem for young recruits to the ployers, helping boost their families; income. 16. Admiral Clark was asked by Chair- American forces is that many in the junior But she is no soft touch: if the women do not enlisted ranks earn only just over $1,000 a learn how to manage the extra money they man WARNER if he was concerned that month before tax. Even after allowing for earn she will not ask them back. She said: ‘‘I a food stamp stipend would create an free—if rudimentary—housing and other ben- don’t want them coming back two weeks inequity between service members who efits, a package that may be adequate for later saying they don’t have enough money qualify for food stamps and those who single soldiers puts those with even small to buy diapers. do not. Admiral Clark stated: families well below the official American ‘‘I am teaching them to take care of their My view is that it is far, far more impor- poverty line. young man—that he belongs to the country— Military pay has fallen behind the rest of and if the country needs him, he will go. If tant to not have our people on food stamps the American economy as a result of budget his family is in chaos the marines are not than it is to have a small inequity.... This squeezes over the last decade, and a recent getting 100 per cent from him.’’ is the kind of thing that speaks volumes, much more than a few dollars that are in- vote by Congress to grant a 4.8 per cent in- Mr. MCCAIN. Mr. President, these are crease from January still leaves a wide gap. volved in it, about . . . how important we stories concerning the lifestyles of the think they are. I support any measure that Senator John McCain, who is trying to beat service men and women in the mili- George W. Bush for the republican presi- would put us in a position where we do not dential nomination, is repeatedly raising the tary. One in the Washington Post arti- ever have to have a single Sailor on food subject in his election campaign. cle of July 20 concerns Quantico Ma- stamps. He said: ‘‘These enlisted service members rine Corps Base in Virginia. One of the I commend Admiral Clark for his proudly wear their uniforms on our behalf, enlisted marines says: clear thinking and his support of a ready to make the ultimate sacrifice. They I think it stinks, really, that a member of measure that will reflect whether or are the very same Americans sent into the armed forces has to go to food stamps,’’ harm’s way in recent years in Somalia, Bos- not we care fundamentally for our said Lance Cpl. Damon Durre, 25. But that is service members. Admiral Clark is nia, Haiti, Kosovo and now East Timor. They what the Quantico Marine did after finding have a right to a decent salary.’’ he could not support his wife and two chil- right. We need to rectify this problem. It is a sentiment shared by many at dren on his take-home pay. There is no provision in the bill at this Quantico, where 7,200 marines, many of them In the London Sunday Telegraph time concerning the food stamp issue. officers in training, live and work inside the I might point out, this amendment is sprawling, 10 square-mile base with a small there is a story: civilian town at its centre. Although the Food stamps worth $142 a month have supported by The American Legion, the base boasts a marina and a leafy golf course, helped eke out the $1,000 monthly pay check Veterans of Foreign Wars, the National frequented by the marines’ upper echelons, on which L/Cpl Bradshaw, his wife Tenille Association for Uniformed Services, living conditions for lower ranks are more and their two young children must live in a the Disabled American Veterans, The down-to-earth. small, tin house in the middle of the base. Retired Officer’s Association, and In one case a young soldier, his wife and Mrs. Bradshaw said: ‘‘Without food stamps every enlisted association or organiza- their baby lived without furniture in their my children would not be having much of a tion that specifically supports enlisted newly-allotted house for three weeks before Christmas.’’ contacting a voluntary group in desperation. But the system can be humiliating. De- service member issues in the Military Tobias Miller, 18, who arrived at the base spite having no other means of paying, L/Cpl Coalition and in the National Military/ in March from Missouri with her husband Bradshaw was not allowed to buy a loaf of Veterans Alliance. These associations Mike, a lance-corporal, shortly after he com- bread at the base’s military supermarket re- include the Non Commissioned Officers

VerDate Mar 15 2010 22:45 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06JN0.REC S06JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4540 CONGRESSIONAL RECORD — SENATE June 6, 2000 Association, The Retired Enlisted As- we address that? What guidance do we when the word spreads throughout the sociation, the Fleet Reserve Associa- give, say, the officer corps and senior military and in our recruiting efforts tion, the Air Force Sergeants Associa- noncoms who have to deal with this in high schools all over America that if tion, the U.S. Coast Guard Chief Petty issue, on the assumption that Congress you are going to join an organization, Officers Association, the Enlisted Asso- passes it? i.e., the U.S. military, and you have ciation of the National Guard of the Mr. MCCAIN. I thank my colleague. I children, you may still be on food United States, and the Naval Enlisted am sure the Senator from Virginia is stamps. I think there is some com- Reserve Association. aware, as he points out, that this is a parability between those two situa- During the budget resolution, I problem, although the reason why we tions, although not an absolute one. I talked for a long time about this prob- chose $180 a month was so that while it hope the chairman takes my point lem in the military. We are talking would not completely close the gap, here. about, I believe, a $290-some billion au- which is higher than that between the Mr. WARNER. Mr. President, I do. Of thorization. We are talking about now two ranks he just stated, far more im- course, that is strictly a question of an additional $6 million a year to han- portant than that—I can only quote professionalism in the aviation com- dle a problem which has received enor- the prospective Chief of Naval Oper- munity to which the Senator has given mous publicity, enormous visibility. In ations, Admiral Vern Clark, when a lifetime of service. It is critical that the view of officers and enlisted alike, asked by Chairman WARNER this past they get higher pay, not only for flight it is a problem that has caused a great May 16, a few weeks ago, about this but for retention purposes, than other impact on the morale of the men and exact issue he raises. The response of officer segments. I have to chuckle. In women in the military, whether they the prospective Chief of Naval Oper- what little military experience I have, happen to be on food stamps or not. ations was: I was an electrician’s mate third class. I urge adoption of the amendment. My view is that it is far, far more impor- I am not sure I could have qualified for I thank my colleague, Senator WAR- tant to not have our people on food stamps a bosun’s mate. than it is to have a small inequity.... This NER, the chairman of the committee, Mr. MCCAIN. Today, you could have is the kind of thing that speaks volumes, for allowing me to offer this amend- much more than a few dollars that are in- a lieutenant who is an aviator making ment at this time. volved in it, about . . . how important we more money than a nonaviator officer, Mr. President, I yield the floor. think they are. I support any measure that an E1 or E2 ranked senior to that per- The PRESIDING OFFICER. The Sen- would put us in a position where we do not son because of the criticality of keep- ator from Virginia. ever have to have a single Sailor on food ing those people in the Navy. Mr. WARNER. I thank my colleague. stamps. Mr. WARNER. The Senator is right, This is an initiative on which he has Also, as I mentioned in my remarks the electronic technician people, and worked for some time. earlier, every enlisted association: the so forth. I wish to ask him a question or two. Noncommissioned Officers Association, The second question is—and it is in- I intend to support it. I think we need the Retired Enlisted Association, the teresting—you were quoting from the a little clarification on one or two Fleet Reserve Association, the Air future Chief of Naval Operations—in- points. Force Sergeants Association, et cetera, deed, an outstanding professional. He I commend him for bringing this up. who are also aware of this situation, says he would rather not have people I commend him for his determination still because of the gravity of the prob- on food stamps. Isn’t that what he to address this issue, and not only this lems, support this $180-a-month in- said? year but in past years. crease for those who are on food Mr. MCCAIN. He said: It was passed by our committee, this stamps. My view is that it is far, far more impor- basic language, in last year’s bill; am I Mr. WARNER. Mr. President, I thank tant to not have our people on food stamps not correct? my colleague. Indeed, we will have to than it is to have a small inequity.... Mr. MCCAIN. That is basically cor- call upon those organizations to help The Commandant of the Marine rect. explain this because it is going to pose Corps and the current Chief of Naval Mr. WARNER. Fine. some problems. But like others, we Operations also share those views. Mr. MCCAIN. I ask unanimous con- have to deal with it. Mr. WARNER. It is important as part sent to engage in a brief colloquy with Mr. MCCAIN. If I may respond briefly of this colloquy that we lay the founda- the chairman. to my friend, Senator WARNER was in- tion that the Senator was very careful The PRESIDING OFFICER. Without volved in this many years ago when we in arriving at his pay levels—not to objection, it is so ordered. had enormous retention problems in bump sergeant, or jump over it, which Mr. WARNER. This question of pay the military, especially in what we call I think was wise. In doing so, would I inversion, let me just sort of describe critical rates—those who had special- not be correct in saying you will not it. You have a sergeant who has served ized skills and talents. The chairman eliminate all food stamp cases? In all 5 or 6 years. He has a wife and two chil- was involved in this because we decided probability, the efforts, if adopted and dren. And then a private comes into his we would give higher pay to people who signed into law, will still leave some on platoon, and he has a number of chil- were of the same time or even less time food stamps. Would I be correct? dren, which enables him to qualify for in the military because they had spe- Mr. MCCAIN. It is not clear because food stamps. cial skills. And they are today, and we have gotten two or three different Now we add a certain sum of money, were then, receiving higher pay be- estimates, I say to the Senator from which the Senator proposes, and the cause of the special skills and the need Virginia. Several experts say this will salary of the private is coming right up to retain those people with special largely eliminate the problem. There very close to the salary of the ser- skills. are others who say there will still be a geant. Now, the Senator knows from I have always felt that the backbone few remaining, but all agree this would his long experience in the military— of the Navy was the bosun’s mate. Yet eliminate the overwhelming majority and my experience is far more modest we find in the Navy that the bosun’s of service members on food stamps. than our distinguished colleague from mate is the lowest paid, while the elec- Mr. WARNER. It is going to have my Arizona, but having served in the De- tronic technician, the computer spe- support. Mr. President, those are the partment of Defense, I have watched cialist, and others, who are of equal questions I had in mind. I thank the for many years this question of pay be- rank—or rate, to be accurate—receive Senator for the colloquy. cause pay has a tremendous signifi- a much higher salary. We did that for The PRESIDING OFFICER. The Sen- cance not only to the military person practical reasons, which was that it ator from Michigan is recognized. who wears the uniform, but to the wife was an absolute criticality of main- Mr. LEVIN. Mr. President, I com- and family. It is a matter of pride. It is taining people in the Navy and other mend my good friend from Arizona for recognition for his length of service, branches of the military who had these his tremendous sensitivity to the issue for his professionalism, which by virtue critical skills. We are sort of doing the that he raises. We still have service of that length of service is greater than same thing here. We are trying to cor- members who are receiving food the younger people coming on. How do rect the morale problem that exists stamps and that should not be the case.

VerDate Mar 15 2010 22:45 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06JN0.REC S06JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 6, 2000 CONGRESSIONAL RECORD — SENATE S4541 If there is good news here—and there for their support of this amendment. I Senator from Louisiana (Mr. BREAUX), is—it is that, since 1991, the number of think the remarks of both pointing out the Senator from Connecticut (Mr. service members on food stamps has that this is not a perfect fix but is a DODD), the Senator from Louisiana been dramatically reduced, as well as significant step in the right direction (Ms. LANDRIEU), and the Senator from the percentage in the total force has is entirely appropriate. Obviously, we New Jersey (Mr. LAUTENBERG) are nec- gone down dramatically since 1991. In will have to review the situation after essarily absent. 1991, there were 19,400 service members we see what the result of this amend- The PRESIDING OFFICER (Mr. L. receiving food stamps. That number ment is once it is enacted into law. CHAFEE). Are there any other Senators went to 11,900 in 1995, and then in 1999 I thank both Senator WARNER and in the Chamber who desire to vote? it went to 6,300. That number—which is Senator LEVIN. I yield the floor. The result was announced—yeas 93, the latest we have—does not include The PRESIDING OFFICER. The Sen- nays 0, as follows: the fiscal year 1999 or a later pay raise. ator from Virginia. [Rollcall Vote No. 116 Leg.] So we have at least some good news in Mr. WARNER. Mr. President, mo- YEAS—93 this area, which is that the number of mentarily I believe the Senator from Abraham Fitzgerald McCain service personnel on food stamps has Arizona will ask for the yeas and nays. Akaka Frist McConnell been reduced by about two-thirds since The PRESIDING OFFICER. The yeas Allard Gorton Mikulski 1991. and nays have already been ordered. Ashcroft Graham Moynihan As a percentage of our total force, Mr. WARNER. I thank the Senator. Baucus Gramm Murkowski Bayh Grams Murray the percentage has been cut roughly in I want to work with Senator LEVIN to Bennett Grassley Nickles half, from .9 percent in 1991 to .45 per- see if we can order the sequencing of Bingaman Gregg Reed cent in 1999. So there has been signifi- amendments this afternoon to accom- Bond Hagel Reid cant improvement. Senator MCCAIN is modate the Senate. We will have the Boxer Harkin Robb Brownback Hatch Roberts absolutely right. We still have 6,300 McCain vote. We will decide on that Bryan Helms Rockefeller service members on food stamps. We time in a few minutes. I have talked to Bunning Hollings Roth should not be in that situation. He is our distinguished colleague from Ne- Burns Hutchinson Santorum Byrd Hutchison Sarbanes pointing out to this body again that we braska, Mr. KERREY. He has a very im- Campbell Inhofe Schumer should try to do something about it. portant amendment. He just indicated Chafee, L. Inouye Sessions The informal estimate we get is that to this manager that he is willing to Cleland Jeffords Shelby his amendment will help. It will not bring it up and have a vote on it to- Cochran Johnson Smith (NH) Collins Kennedy Smith (OR) eliminate the number of people who we night. Is that correct? Conrad Kerrey Snowe have on food stamps, but it will reduce Mr. KERREY. That is correct, unless Coverdell Kerry Specter by somewhat that number of 6,300. I am the chairman is going to accept the Craig Kohl Stevens Daschle Kyl Thomas going to support it on that basis. amendment. DeWine Leahy Thompson Again, I commend the Senator from Mr. WARNER. I am not prepared to Dorgan Levin Thurmond Arizona for his constant raising of this accept the amendment. Durbin Lieberman Torricelli issue until we can try to finally resolve Mr. KERREY. Perhaps we can avoid Edwards Lincoln Voinovich Enzi Lott Warner this problem. the vote after he hears my argument. I Feingold Lugar Wellstone There is one little wrinkle in here am prepared to send an amendment to Feinstein Mack Wyden which is sort of an irony, I guess. the desk and schedule a vote on it this NOT VOTING—7 Maybe that is the best it is. For in- evening. That is fine. I am ready to go stance, if you take a typical E4 with Biden Dodd Lautenberg as soon as we vote on the McCain Breaux Domenici three dependents who lives on base in amendment. Crapo Landrieu Government housing, he will get the Mr. WARNER. I ask my colleague if The amendment (No. 3179) was agreed food stamps because he doesn’t have a he has any comment to make. to. housing allowance. The person under Mr. LEVIN. Mr. President, I suggest Mr. WARNER. I move to reconsider this proposal who might be a similar the absence of a quorum. the vote. E4 with the same number of dependents The PRESIDING OFFICER. The Mr. LEVIN. I move to lay that mo- gets a housing allowance if he lives off clerk will call the roll. tion on the table. base, and it is that housing allowance The senior assistant bill clerk pro- The motion to lay on the table was which pushes him above the eligibility ceeded to call the roll. agreed to. level for food stamps. Yet, because that Mr. WARNER. Mr. President, I ask housing allowance may be inadequate unanimous consent that the order for AMENDMENT NO. 3173, AS MODIFIED to pay for housing, he may actually be the quorum call be rescinded. Mr. WARNER. Mr. President, first, I in greater need for the food stamps The PRESIDING OFFICER. Without modify the pending amendment, the than the person who is on base. How- objection, it is so ordered. Warner amendment No. 3173. I send to ever, that is something we will just Mr. WARNER. Mr. President, the the desk the amendment, as modified. have to try to work with. We have to managers will address the question of The PRESIDING OFFICER. The try to make this work the best we pos- how we proceed from here at the con- amendment is so modified. sibly can to reduce the number of fur- clusion of the vote on the McCain The amendment, as modified, is as ther service members who are receiv- amendment. Let us proceed. I would follows: ing food stamps. suggest the yeas and nays have been Strike sections 701 through 704 and insert Again, I thank Senator MCCAIN for ordered. the following: his constancy, his commitment, his The PRESIDING OFFICER. The yeas SEC. 701. CONDITIONS FOR ELIGIBILITY FOR dedication, and his passion to this and nays have been ordered. CHAMPUS UPON THE ATTAINMENT Mr. WARNER. Let’s proceed with the OF 65 YEARS OF AGE. issue. He is right, as he so often is in (a) ELIGIBILITY OF MEDICARE ELIGIBLE PER- terms of what this goal must be, which vote. SONS.—Section 1086(d) of title 10, United is to remove members in the services The PRESIDING OFFICER. Is there States Code, is amended— from receiving food stamps. They further debate? If not, the question is (1) by striking paragraph (2) and inserting should not need food stamps. We ought on agreeing to the McCain amendment. the following: to be able to pay them enough and give The yeas and nays have been ordered. ‘‘(2) The prohibition contained in para- them enough of a housing allowance so The clerk will call the roll. graph (1) shall not apply to a person referred there is no need for them to receive The assistant legislative clerk called to in subsection (c) who— ‘‘(A) is enrolled in the supplementary med- food stamps. the roll. Mr. NICKLES. I announce that the ical insurance program under part B of such I commend him. I will be supporting title (42 U.S.C. 1395j et seq.); and this amendment. Senator from New Mexico (Mr. DOMEN- ‘‘(B) in the case of a person under 65 years The PRESIDING OFFICER. The Sen- ICI) and the Senator from Idaho (Mr. of age, is entitled to hospital insurance bene- ator from Arizona. CRAPO) are necessarily absent. fits under part A of title XVIII of the Social Mr. MCCAIN. Mr. President, I thank Mr. REID. I announce that the Sen- Security Act pursuant to subparagraph (A) the chairman and the ranking member ator from Delaware (Mr. BIDEN), the or (C) of section 226(b)(2) of such Act (42

VerDate Mar 15 2010 22:45 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06JN0.REC S06JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4542 CONGRESSIONAL RECORD — SENATE June 6, 2000 U.S.C. 426(b)(2)) or section 226A(a) of such Kerrey first degree, as amended, if Committee field hearing in Bellingham Act (42 U.S.C. 426–1(a)).’’; and amended. on March 13 and to everyone who heard (2) in paragraph (4), by striking ‘‘paragraph The PRESIDING OFFICER. Is there them testify just last month here in (1) who satisfy only the criteria specified in objection? Washington, DC, before the Commerce subparagraphs (A) and (B) of paragraph (2), Mr. LEVIN. Reserving the right to but not subparagraph (C) of such paragraph,’’ Committee. and inserting ‘‘subparagraph (B) of para- object, and I will not, I just want to be They came to Washington, DC, to ask graph (2) who do not satisfy the condition clear that the Senator from Wash- for one thing. They want this Congress specified in subparagraph (A) of such para- ington would be recognized prior to to improve pipeline standards this graph’’. Senator KERREY, and that that time year. This Congress—this year. (b) EXTENSION OF TRICARE SENIOR PRIME would not come out of any time indi- I believe we have a moral obligation DEMONSTRATION PROGRAM.—Paragraph (4) of cated. to do everything we can to meet the section 1896(b) of the Social Security Act (42 Mr. WARNER. I have no objection to parents’ wishes and to protect every- U.S.C. 1395ggg(b)) is amended by striking ‘‘3- that. one else from pipeline hazards. That is year period beginning on January 1, 1998’’ The PRESIDING OFFICER. Without why I have been working to raise the and inserting ‘‘period beginning on January objection, it is so ordered. 1, 1998, and ending on December 31, 2001’’. safety standards for oil and gas pipe- Mr. WARNER. I thank the Chair and (c) EFFECTIVE DATES.—(1) The amendments lines. made by subsection (a) shall take effect on thank my colleagues for working out There are 2.2 million miles of pipe- October 1, 2001 and terminates September 30, this UC. lines running across the country. They 2004. If I could just make an announce- run near our schools, our homes, and (2) The amendment made by subsection (b) ment, in light of this agreement, there our communities. shall take effect on the date of the enact- will be no further votes tonight. How- They perform a vital service. They ment of this Act. ever, Members should be aware that at bring us the energy we need to fuel our Mr. WARNER. Mr. President, I be- least two, and up to four, back-to-back cars and heat our homes. lieve my distinguished colleague from votes will occur sometime tomorrow But at the same time, they are not as Michigan has a request, and then I will commencing at around 12:30 p.m. safe as they could be. We have a re- present a UC request to the Senate. The PRESIDING OFFICER. The Sen- sponsibility to pass a bill this year Mr. LEVIN. I ask unanimous consent ator from Washington. that will protect families from the dan- that the Senator from Washington be Mrs. MURRAY. I thank the Chair and gers of unsafe pipelines. recognized for 8 minutes as in morning thank my colleagues for yielding me To be honest, I—like many Ameri- business. this time. cans—was not aware of those dangers Mr. WARNER. Could I put in a UC re- f until the accident in my State. quest before that? ANNIVERSARY OF THE But as I spent months learning about Would the Senator forbear and allow BELLINGHAM PIPELINE ACCIDENT pipelines, I found that the accident in me to put in a UC request? my State was not a rare event. Mrs. MURRAY. Mr. President, I rise Mr. President, in consultation with Since 1986, there have been more today to mark a solemn occasion in the the majority leader, the Democratic than 5,700 pipeline accidents in this lives of the people of my home State of leader, and my colleague, Senator country, 325 deaths, 1,500 injuries, and Washington. LEVIN—while I had hoped we could con- almost $1 billion in environmental tinue with votes tonight—we have now Many of my colleagues have heard me talk on the Senate floor about pipe- damage. reached the following recommendation On average there is one pipeline acci- in the form of a UC request. line safety. Today I want to remind everyone of dent every day in this country, and 6 I ask unanimous consent that the the reason I have become such a strong million hazardous gallons are spilled Senator from Virginia be recognized to advocate for improving pipeline safety. into our environment every year. modify his amendment, and following June 10—one year ago, coming up That is why back in January I intro- the modification of the amendment, this Saturday—will be the first anni- duced my own pipeline safety bill—the the amendment be laid aside and Sen- versary of a horrible pipeline accident Pipeline Safety Act of 2000. I want to ator ROBERT KERREY be recognized to in Bellingham, WA. thank the Members who have signed on offer an amendment relative to stra- In that accident, a gasoline pipeline as cosponsors—Senators INOUYE, GOR- tegic forces, and immediately following ruptured and released more than 275,000 TON, WYDEN, LAUTENBERG, and BAYH. the reporting by the clerk, the Senator gallons of gasoline into Whatcom I want my colleagues to know, in the from Virginia be recognized to offer a Creek. That gasoline caught fire and 4 months since I introduced my pipe- second-degree amendment. line safety bill, at least 20 States have sent a fireball racing 11⁄2 miles down I further ask consent that following the creek side. It created a plume of experienced pipeline accidents. In addi- the debate tonight, there be 90 minutes black smoke that rose more than 20,000 tion to my bill, pipeline safety meas- additional beginning at 9:30 a.m. on the feet into the air. ures have been offered by Senate Com- strategic forces issue, to be equally di- Two 10-year-old boys and a young merce Committee Chairman JOHN vided in the usual form, and following man were enjoying the outdoors on MCCAIN and by the administration. that debate, the amendments be laid that quiet summer afternoon. Trag- I am pleased that all of the current aside. ically, they died as a result of that proposals touch on five key areas of I also ask consent that following that pipeline rupture. pipeline safety. First, all of these bills debate, the Senate resume the amend- Three families in Bellingham, WA, recognize the need to improve pipeline ment of the Senator from Virginia, will never be the same because of the inspection and accident prevention amendment No. 3173, and it be laid events that took place on June 10, 1999. practices, second, they recognize the aside in order for Senator JOHNSON to As we mark this anniversary, we can need to develop and invest in new safe- offer a similar amendment, and there never forget the lives that were lost. ty and inspection technology, third— be 2 hours, equally divided, total, for For just a moment I want to ask my and importantly—they expand the debate on both amendments, and fol- colleagues and the American people to Public’s right to know about problems lowing that debate, the Senate proceed pay tribute to those young lives; Wade with pipelines in their neighborhoods, to vote in relation to the amendments. King, Stephen Tsiorvas, and Liam fourth, they recognize that States can I also ask consent that there be no Wood. I also want to honor their par- be better partners in improving pipe- amendments in order to either of the ents—who have endured a loss that no line safety. Finally, these bills increase four amendments described above, or family should have to experience. funding for new State and Federal pipe- the language proposed to be stricken, They have shown such strength and line safety programs. and there be 2 minutes for explanation courage. They have led the charge for I thank Senator MCCAIN for the prior to each vote. The voting order for safer pipelines, and their advocacy has strong personal interest he has taken tomorrow would be as follows: Warner made a difference. in this issue. I thank him for the very amendment No. 3173; Johnson amend- Their courage was clear to everyone effective way he has worked to move ment; Warner second degree to Kerrey; who attended the Senate Commerce this legislation forward. The Senate

VerDate Mar 15 2010 22:45 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06JN0.REC S06JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 6, 2000 CONGRESSIONAL RECORD — SENATE S4543 Commerce Committee has tentatively AMENDMENT NO. 3183 fense Authorization Act for Fiscal Year 1998 scheduled a markup session for June (Purpose: To repeal a limitation on retire- (Public Law 105–85; 111 Stat. 1948); and 15. ment and dismantlement of strategic nu- ‘‘(2) the President, taking into consider- Senator GORTON and I are working clear delivery systems) ation the results of the review and the rec- with both the majority and minority Mr. KERREY. Mr. President, I send ommendation made by the Secretary of De- fense under paragraph (1), may waive the members of the Senate Commerce an amendment to the desk and ask for limitation referred to in that paragraph if Committee to come up with a man- its immediate consideration. the President determines that it is in the na- ager’s package that will meet the The PRESIDING OFFICER. The tional security interests of the United States standards we have outlined and will be clerk will report. to do so.’’. acceptable to as many members as pos- The legislative clerk read as follows: Mr. KERREY. Mr. President, I ask sible. The Senator from Nebraska [Mr. KERREY], for the yeas and nays on this amend- As we work here in the Senate on for himself, Mr. LEVIN, Mr. DASCHLE, Mr. ment. this important legislation, I want to ARKIN ERRY URBIN H , Mr. K , and Mr. D , pro- The PRESIDING OFFICER. Is there a encourage my colleagues in the House poses an amendment numbered 3183. sufficient second? of Representatives to move forward Mr. KERREY. Mr. President, I ask There is a sufficient second. quickly on their legislation so this unanimous consent that reading of the The yeas and nays were ordered. Congress can pass a bill this year. amendment be dispensed with. The PRESIDING OFFICER. The Sen- One of the things that has been so The PRESIDING OFFICER. Without ator from Nebraska is recognized. important over the past year is that so objection, it is so ordered. Mr. KERREY. Mr. President, in 1998, many people have come together to im- The amendment is as follows: prove pipeline safety. And while I don’t the Congress, for the first time in the Strike section 1017 and insert the fol- history of strategic nuclear weapons have time to thank them all, I do want lowing: policy, imposed upon a President a lim- to mention a few. SEC. 1017. REPEAL OF LIMITATION ON RETIRE- First among them is Bellingham’s MENT OR DISMANTLEMENT OF itation on what that President could Mayor Mark Asmundson, who has done STRATEGIC NUCLEAR DELIVERY do in terms of reducing nuclear weap- more to educate the public and legisla- SYSTEMS IN EXCESS OF MILITARY ons. It imposed a floor at the START I REQUIREMENTS. tors about pipeline safety than anyone levels, which is roughly 6,000 strategic Section 1302 of the National Defense Au- nuclear weapons. It said the President I know. thorization Act for Fiscal Year 1998 (Public I also want to recognize Transpor- Law 105–85; 111 Stat. 1948) is repealed. could not go below 6,000, unless and tation Secretary Rodney Slater who until the Duma ratified START II. The PRESIDING OFFICER. The Sen- stationed a pipeline inspector in my Last year, when I attempted to elimi- ator from Virginia. State after the accident, and DOT In- nate this restriction—which I believe is spector General Kenneth Mead, who AMENDMENT NO. 3184 TO AMENDMENT NO. 3183 putting a position upon an Executive issued a report at my request on the Mr. WARNER. Mr. President, I send a that would be very difficult to sustain Office of Pipeline Safety. second-degree amendment to the desk if we were discussing this in the clear I also thank the President and the and ask for its immediate consider- light of day, if it was understood by the Vice President for their leadership. ation. American people that this was what we In particular, the Vice President The PRESIDING OFFICER. The were doing—many people on that side took the time to learn about this issue clerk will report. of the aisle said: We believe this lan- when he was in my State. He recog- The legislative clerk read as follows: guage will put pressure upon the Duma nizes its importance, and he sent the The Senator from Virginia [Mr. WARNER] to ratify START II. The argument car- administration’s pipeline safety bill to proposes an amendment numbered 3184 to ried the day in a close vote of 54–46; the the Senate. amendment No. 3183. current policy was sustained. The lan- I also thank the rest of the Wash- Mr. WARNER. Mr. President, I ask guage in the current law is section 1302 ington State delegation—which has unanimous consent that reading of the of the National Defense Authorization come together across party lines to ad- amendment be dispensed with. Act. It references that section 1017 of dress this issue—particularly my col- The PRESIDING OFFICER. Without this particular legislation we are con- league Senator GORTON, along with objection, it is so ordered. sidering right now was held in law. Representatives from our delegtion. The amendment is as follows: Well, since that time, the Duma has And of course, I want to recognize In lieu of the language proposed to be in- ratified START II. I expected to bring Washington State Governor, Gary serted, insert the following: this language to the floor this year Locke, for the work he has done to ‘‘SEC. 1017. CORRECTION OF SCOPE OF WAIVER with open arms. It worked. We put in a raise pipeline standards in our State. AUTHORITY FOR LIMITATION ON RE- floor and said the United States could Mr. President, one year has passed TIREMENT OR DISMANTLEMENT OF not go any lower, declared victory, and since the accident in Bellingham, WA, STRATEGIC NUCLEAR DELIVERY SYSTEMS; AUTHORITY TO WAIVE the Duma ratified START II. Instead, that you can see on the chart behind LIMITATION we have an alternative proposal the me. ‘‘(a) Section 1302(b) of the National Defense We have made some progress, but we Senator from Virginia has offered that Authorization Act for Fiscal Year 1998 (Pub- has a certain amount of appeal because need to finish the job. lic Law 105–85; 111 Stat. 1948), as amended by We need to pass a strong pipeline section 1501(a) of the National Defense Au- it requires a strategic review of our nu- safety bill this year. We owe it to the thorization Act for Fiscal Year 2000 (Public clear force structure. After that re- people of Bellingham, the victim’s fam- Law 106–65; 113 Stat. 806), is further amended view, it gives the President authority, ilies, and to the American people. As by striking ‘‘the application of the limita- subject to what the review says, to we mark the 1-year anniversary of the tion in effect under paragraph (1)(B) or (3) of waive the provisions of 1302 if the subsection (a), as the case may be,’’ and in- President says it is in the national se- Bellingham explosion, we must answer serting ‘‘the application of the limitation in the call of the families with a strong curity interest to do so. effect under subsection (a) to a strategic nu- It still puts us in a position—whether bill. Nothing can ease the pain of this clear delivery system’’. anniversary for so many people in my ‘‘(b) AUTHORITY TO WAIVE LIMITATION ON it is President Clinton or, if Vice Presi- State, but we can and we must use this RETIREMENT OR DISMANTLEMENT OF STRA- dent GORE wins the election, President occasion to enact stronger pipeline TEGIC NUCLEAR DELIVERY SYSTEMS.—After GORE or, if Governor Bush wins, Presi- safety standards. the submission of the report on the results of dent Bush—the President will be pre- I yield the floor. the nuclear posture review to Congress under vented by Congress from reducing nu- section 1015(c)— f clear weapons below the START I lev- ‘‘(1) the Secretary of Defense shall, taking els, below 6,000, unless the President of NATIONAL DEFENSE AUTHORIZA- into consideration the results of the review, the United States can accelerate a submit to the President a recommendation TION ACT FOR FISCAL YEAR strategic review. I guess that is pos- 2001—Continued regarding whether the President should waive the limitation on the retirement or sible. I would like to find out from the The PRESIDING OFFICER. The Sen- dismantlement of strategic nuclear delivery authors of this second degree if that is ator from Nebraska is recognized. systems in section 1302 of the National De- their understanding. In other words,

VerDate Mar 15 2010 22:45 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06JN0.REC S06JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4544 CONGRESSIONAL RECORD — SENATE June 6, 2000 could President Clinton satisfy the re- Missile defense becomes, in my judg- It is that kind of thinking that is re- quirements of this amendment by say- ment at least, an even more compelling quired if we are going to get the right ing: My Secretary of Defense and Sec- part of our arsenal. number of nuclear weapons. We spend retary of Energy are going to do an ac- Mr. President, I yield to the Senator $15 billion to $20 billion a year on our celerated review? from Alaska. nuclear weapons force structure. It is This language has to be concurrent Mr. STEVENS. Mr. President, I an oppressive effort. with the quadrennial review and sub- thank the Senator. I happen to have the privilege of not mitted no later than December 2001. A MEMORIAL DAY OBLIGATION just serving the people of the State of Could the President accelerate that re- Mr. STEVENS. Mr. President, I Nebraska but in the State of Nebraska view on this particular question? If would like to carry out an obligation I is an effort and an organization known not, whoever the next President is, made on Memorial Day at the Arling- as STRATCOM. STRATCOM’s entire they are going to be held up at least ton National Cemetery services. mission is to operate the strategic nu- until December of 2001 from doing so. This statement was presented at the clear force. The current STRATCOM That makes complete sense for Amer- Arlington National Cemetery memo- CINC and I have a very good relation- ica to do, in my judgment. rial service by the Flying Tigers of the ship, as I have with all other CINCs, be- One of the most compelling things 14th Air Force Association. It was in cause this mission is very important to that happened on this subject prior to the form of a prayer that was entitled, the people of the State of Nebraska and our leaving for our Memorial Day re- ‘‘Empty Cockpit; To our Departed to the people of the United States of cess was a remarkable speech given by Comrade.’’ America. I have had the opportunity on the likely Republican nominee for His is a place no one can take, many occasions to be briefed, and I can President, Governor Bush, followed by The void he leaves cannot be filled, state to my colleagues that we get our a speech at the Naval Academy given For the mark he made, stays, fresh on us, money’s worth. These men and women by Vice President GORE, the likely Although his heart has stilled. work very hard. They are tireless in Democratic nominee for President. The Though the years pursue their relentless the execution of their duties. They comments, which I found to be very course, want to make certain they follow the striking and very encouraging, indicate And images are replaced, command and the orders that are given a significant shift in our policy if the And memories grow dim and fade, by the people’s leaders—in this case, Republican nominee has any influence And time obscures that familiar face, the Commander in Chief—who instruct And even a name be forgot, over the Republican Party platform. STRATCOM on what to do through a Governor George Bush, surrounded And the things he said, and did, And lives more noble may come and go, Presidential directive. They are fol- by the preeminent thinkers on the Re- But what he was cannot be hid. lowing orders. publican side on nuclear strategy— The lessons he unknowingly taught, They put together target require- former National Security Chief Brent By being what he was, ments. They put together a list of re- Scowcroft, former Chairman of the Have certainly changed the lives he met, quirements that are called SIOP. SIOP Joint Chiefs Colin Powell, former Sec- As his life touched ours. determines what targeting is being retary of State George Shultz, and So that the course which they now take, done. Then it comes back to us, and it former Secretary of State Henry Kis- Points somehow higher than before, says this is what we need in order to singer—they were all there standing A true and gently comrade, follow the civilian orders. They come with Governor Bush as he said the fol- Has opened an unknown door. to us and say these are the resources lowing: So although his life on Earth is done, we need in order to be able to accom- America should rethink the requirements His heritage will not rust, plish that objective. for nuclear deterrence in a new security en- For parts of him, that was, remain, It is very important for us to follow vironment. The premise of the Cold War nu- And live on as part of us. that because often times it will turn to clear targeting should no longer dictate the I thank the Chair. I made a commit- the military. We turn to the size of our arsenal. As President, I will ask ment to repeat that here on the floor of STRATCOM and say such things as: the Secretary of Defense to conduct an as- the Senate. I appreciate the time. sessment of our nuclear force posture and de- Tell us the minimum level of deter- termine how best to meet our security needs. Mr. KERREY. Mr. President, it is rence. They come back and say: The While the exact number of weapons can only somewhat difficult to get back to the minimum level is 2,500. We have to come from such assessment, I will pursue the somewhat arcane subject of how many have 2,500 warheads. lowest possible numbers consistent with our nuclear weapons are needed after lis- Remember, that 2,500 number comes national security. tening to the recitation of the Senator as a consequence of an order they have If Governor Bush were President from Alaska of a short, very moving been given by a Presidential directive. today, he would not think very kindly statement that in many ways gets to They have been given an order. That is of Congress coming along and saying: the heart of the mood we ought to be in where it comes from. Change those re- We don’t think you have been in office when we are discussing our defense au- quirements and the number of war- long enough; 9 years is not long thorization bill, which is not just try- heads is going to be changed. It may be enough, so we are going to ask you to ing to answer the question how we au- that a Presidential directive comes and do an additional review before you do thorize and defend the United States of says we need more. I do not know. But what you say you are going to do here. America but how we give honor to right now, without the lengthy re- It is an interference on the part of Con- those who have given the highest and view—I appreciate the lengthy force gress at a time, in my view, that the most in service to this country. structure review that is in this author- President ought to be doing exactly I appreciate very much the presen- ization. That is basically the sub- what Governor Bush is suggesting; that tation by the Senator from Alaska of stitute—that we have a lengthy review is, to break out of the Cold War think- that memorial because I think it puts that is going to be done. ing, and has us saying we have to us indeed in the correct mood, which I urge my colleagues to think of sev- maintain our parity with the Russians; is, we ought to be writing this law so as eral things. otherwise, it is not going to be possible to enable all of us to take action to de- One, the Russians, first of all, are no to get the kind of arms control agree- fend the United States of America longer the military threat they were in ments we want to get. against all enemies, foreign and domes- the cold war. It is a democratic nation. I must say, I find much to be com- tic, without regard to some previous They have had three elections. They mended in many things I have heard on ideology that we have held onto for a just elected their second President. We the other side of the aisle having to do long time. have partnerships with them in many with missile defense, believing that in We ought to do the right thing and different areas. We want their experi- an era when we begin to reduce nuclear not worry about whether or not we are ment in democracy and free markets to weapons, accidental and unauthorized going to find ourselves subject to criti- succeed. launches from rogue nations, or the cism as a consequence of some group The chairman of the Armed Services threat of them, are likely to increase saying we didn’t do enough, or we have Committee said earlier he believes the as we draw down our nuclear forces. done too much, and so on and so forth. No. 1 threat to the United States of

VerDate Mar 15 2010 22:45 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06JN0.REC S06JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 6, 2000 CONGRESSIONAL RECORD — SENATE S4545 America is political instability. It is els since they can’t maintain the levels ippines. My father was part of an occu- uniquely the case. In Russia, that is they have now. It increases, in a para- pation, instead of invasion force. I be- the case. Our mood toward the Rus- doxical fashion, the likelihood of an lieve Truman did the right thing. sians ought to be that we want to part- unauthorized accidental launch and de- Nonetheless, it is impressive that two ner with them and help them be suc- creases the likely effectiveness, if we 15-kiloton weapons ended the war in cessful in making this transition from are going to have one, of an effective the Pacific. We are talking about hun- an economy run by a central govern- missile defense system because the dreds in this case. ment—a Politburo—to a political sys- Russians aren’t going to launch 10 or Imagine the Russians are only going tem that is not limited to a single 20. The Russians aren’t going to launch to hit the United States with 160 nu- party but one that has selected its a relatively small number of not very clear weapons averaging 150 to 300 kilo- leadership. They are trying to make a accurate missiles, as rogue nations tons each. I don’t need a complicated, successful transition. They need the might. They have very highly accurate detailed year-long strategic review to partnership and they need the assist- missile systems and large numbers of determine that 160 nuclear weapons ance of the world’s leading democracy them. They would launch in the hun- hitting the United States of America to make that likely to occur. dreds, or perhaps in the thousands, would not just do slight damage; they No. 1, we are dealing with a dramati- based upon a warning that may be in- would cause massive damage to our cally different political situation. This accurate. economy, to our political structures, to is not the Soviet Union. It is Russia we We are increasing the risk when we our social structures. They would are talking about. force the President to maintain at a produce monstrous losses to us. No. 2, everybody who assesses Russia START I level at a time when the Rus- Ask Alan Greenspan what it would do right now understands that as a con- sians are saying we can’t afford to to the economy. He seems to be the most trusted person right now in try- sequence of the catastrophic failure of maintain at that level and begging us ing to get American people to be con- the Communist economic system, and to come to some kind of an agreement cerned about things going on in the as a consequence of a number of other that enables them to go to lower levels. things associated with the decisions The last argument: Again, if you world. It would produce tremendous and devastating losses. made by their political leaders, they take a commonsense approach to this The same is true with Russia. Mr. have barely enough money to be able and just say what the targeting re- President, 160 nuclear weapons inside to make payroll for a dramatically re- quirements are. of Russia would reduce Russia to a duced military, let alone be able to al- A long time ago, or 6 months ago, state of chaos. It wouldn’t just damage locate the resources—though they are much of this was classified. But in- their leadership and eliminate their modernizing in certain areas—and creasing amounts of it are making leadership. It would do exactly the op- their ability to provide the early warn- their way into the public record. posite, in my view, of what we would It is a very interesting problem be- ing that is necessary is woefully defi- desire. It would produce the very polit- cause, again, the number of nuclear cient and is weakening every single ical instability and chaos we seek to day, leading up to the possibility of in- warheads begins as a consequence of a avoid. As a consequence, it likely creasing the likelihood of a false warn- Presidential directive. It goes to would not be selected as an option, ing to their leadership. STRATCOM. That Presidential direc- thereby producing, again, one of the One of the things the President and tive is then fairly precise language. great paradoxes of maintaining a de- President Putin agreed on is that we But it still doesn’t tell the exact num- fense system where we authorize $15 to are going to have this site in Russia for ber. It gives them a set of instructions $20 billion of scarce resources. the first time. But the Russians are that they then follow. They produce The chairman of the committee going to be provided data that comes what is called a SIOP. That SIOP has talked earlier about the possible need from U.S. computer analysis. They are been read by a very small number of to allocate additional money for retir- not going to get it through their own elected representatives. Very few elect- ees’ medical care. There is no question system, or through their own overhead ed people look at the targeting require- we look across the current conven- system, or through their own elec- ment. tional forces and we don’t have to look tronic surveillance; they are going to Recently, we have seen in published far to find a situation where we are fly- get it from us. accounts some information which gives ing the wings off the planes. We are It is likely to give them slightly us some idea of the size of our capacity having a difficult time sustaining lev- more confidence. But it is not going to and the deadliness of our capacity. els of readiness. We are short on the give them the kind of confidence that I believe as well it is an unwise con- conventional side. At a time when we is necessary when decisions have to be clusion that we ought to maintain at are short, I don’t believe we ought to made very rapidly not to put a launch our current level. be expending precious resources into against the United States even though The Russian nuclear target of a 2,500 areas that are likely to be unnecessary the warning they get may be a false force structure would be slightly under or that are unlikely to be used. warning. the START II. START II would take us I am arguing the President ought to The second thing colleagues need to to 3,000. The Pentagon says we need go to lower levels. The President may understand as we think about impos- 2,500 warheads. Again, that is based disagree with me. In fact, up until now, ing—that was a fundamental change in upon the Pentagon taking the Presi- the President has disagreed with me 1998—for the first time on the Presi- dential directive they have been given and hasn’t gone to lower levels. That is dent that ‘‘thou’’ cannot go below the at 2,500. why I was pleasantly surprised at that START I agreements, even though We have 1,100 nuclear weapons we part of Governor Bush’s speech prior to President Bush did it very successfully would put on nuclear sites, 3,500 on the Memorial Day recess where he said in 1991, is that we were not going to conventional weapon sites, 160 on lead- we ought to scrap the old cold war allow this President to do it in last ership, and 500 nuclear weapons on war- thinking. I agree. We need to assess year’s debate. It was because we were supporting industry. what kind of weapons system we need putting pressure on the Duma to rat- These numbers tend to dull our to keep the people of the United States ify. This year, it is a different argu- thinking, making it difficult to assess of America safe in light of the new po- ment that is being used; we are impos- just what it is we are talking about. litical realities—not in light of the old ing upon the President an unusual and Let’s reverse it. Say the Russians mutual assured destruction reality, in unprecedented restriction at a time have targeted American territory with light of the new political realities. when Russia is not able to come up 160 nuclear weapons. They don’t have a I believe without extensive and ex- with the resources they need to main- nuclear weapon in the strategic arsenal pensive nuclear review, we would reach tain the level at 6,000. They are begging that is less than the 15-kiloton weapon a conclusion of significantly lowering. us to go to 1,500. dropped on Hiroshima. We dropped two I don’t believe this Congress under any It may not be in our interest to go to weapons in 1945 that ended the war in circumstance, whether the President 1,500, but it is unquestionably in our in- the Pacific. We had a vested interest in agrees with me or not, should be im- terest to assist them to go to lower lev- that. My uncle was killed in the Phil- posing this kind of restriction. It ties

VerDate Mar 15 2010 22:45 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06JN0.REC S06JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4546 CONGRESSIONAL RECORD — SENATE June 6, 2000 the President’s hands. It limits the As the Republican candidate, George Mr. KERREY. I presume General President. It forces the President to do W. Bush said he would move in some of Shalikashvili, in 1997, made that re- something that up until 1998 we had the directions President Clinton has in- view. not required the President of the dicated in terms of trying to seek that Mr. WARNER. I am not in a position United States of America to do. Again level of reduction to the lowest level to say what he did or did not do. there was an argument last year made that still protects the security inter- Mr. KERREY. I would be very sur- that this would get the Duma to ratify ests of this country. But George W. prised, if the Chairman of the Joint START II on that basis. Bush would only do that after he had Chiefs of Staff, in 1997, reviewing the I said earlier to the distinguished received the advice and counsel of the minimal deterrent level, did not ref- Senator from Virginia, I was hoping Department of Defense, and presum- erence that minimal deterrent level to perhaps my amendment would be ac- ably his own Secretary. But Members the rest of the conventional forces. cepted, declare victory, and we shake of the Joint Chiefs would still be car- This is a conventional Army officer hands and say we had a good argument rying forward, a number of them, from who is the Chairman of the Joint and there is no need to go further. In- one administration to the other, and he Chiefs of Staff. My guess is that was a deed, I ask the Senator from Virginia, would carefully counsel with them as pretty detailed review. In fact, he came it may be that what I ought to do is he moved forward. to the conclusion at that time that vote for the Senator’s substitute, de- My point is, that study cannot be 2,500 is the minimal level that is nec- pending on what it is the Senator pro- done in 30, 60, or 90 days, in my judg- essary. posed to do. In this amendment, it ap- ment, nor should it be done. Let’s face Mr. WARNER. The Senator repeat- pears to be that the President would it; we have elections coming this No- edly says he presumes. I am not here to have the authority to waive the re- vember. We have the heat that accom- act on presumptions. What I do know is strictions of 1302 after a comprehensive panies any election from the debates the realities, and particularly the po- review was done. However, in the lan- that take place between the candidates litical realities that face this Nation of guage of the Senator’s amendment, it and, most specifically, the Presidential an election and a new President. In my merely says this is supposed to be done candidates. To try to overlay a deci- opinion, it is the wiser course of action concurrently with the quadrennial re- sion of that magnitude and try to have to defer such decisions as this until the view and due to operate in 2001. a report generated in 30, 40, 60, 90 days next President is in office; he has his Does the Senator mean, therefore, is not, in my judgment, the wise thing quadrennial review; he has his detailed that President Clinton couldn’t ask to do. study of our strategic arsenal. Then Secretary Cohen and Secretary Rich- Mr. KERREY. I appreciate that, but those decisions. ardson to do an accelerated comprehen- there is nothing in the Senator’s Mr. KERREY. Let me get this cor- sive review of the nuclear force struc- amendment that would prevent—— rectly. So the intent of this amend- ture, and, as a consequence of that re- Mr. WARNER. I beg your pardon? ment is to prevent President Clinton Mr. KERREY. Let’s say Governor view, say perhaps the President says: I from making any decision and to—— Bush is elected and he comes into of- want to go to 5500, I want to go below Mr. WARNER. We cannot block this fice and says I have Brent Scowcroft, because I think on that basis I could President. Nor would we try. get the Russians to agree to accept Henry Kissinger, George Schultz, and Mr. KERREY. That is precisely what Colin Powell. They have done a review changes in ABM that might even be ac- section 1302 does. Section 1302 says the from November to January and they ceptable to the Senator from Virginia President cannot go below the START have made a recommendation to go to —would that sort of accelerated review I levels. For the first time, it restricted lower levels. Does the amendment of be possible? It appears it would be in and tied the hands of a President in his the Senator allow a President-elect the language of the Senator’s amend- own decisionmaking about strategic ment. Bush to do that in short order? Mr. WARNER. Mr. President, there is forces. That is what it did. I sought to The PRESIDING OFFICER (Mr. strike it last year and was told the ALLARD). The Senator from Virginia. no constraint on the next President, be concern was the Duma might not ratify Mr. WARNER. Mr. President, I thank it President Bush or President Gore, START II. They have done that. my colleague. within which time—I mean it is not I remember so well when the Senator next December. He can do it before It seems to me the language gives the brought this up last year. This is a se- next December. President, this President—I am asking rious effort by one of the most serious, Mr. KERREY. If that is the case, if it the question because it affects whether conscientious Senators with whom I does not restrict the next President, it or not I simply just declare victory have ever been privileged to serve and does not restrict this President. He myself and support your second-degree one for whom I have the highest per- could also do it. I have had a briefing amendment. If your second-degree sonal and professional regard. As I said on the review that was done in 1997, amendment gives the President the some months ago, this Senator, too, prior to the Helsinki meeting between flexibility to waive, if he says, ‘‘I have will miss him. President Clinton and President already done that review and I will We are not trying to abridge, so to Yeltsin. That was a detailed review on submit to Congress the review that was speak, the right of President Clinton. the minimal deterrent level necessary, done by General Shalikashvili in 1997,’’ He is the President of the United done by General Shalikashvili. I be- it may be we have agreement here. But States. Until the last day, the last lieve the chairman has had a briefing if you are saying the intent of the hour, the last minute of his term of of- of that as well. That was a pretty in- amendment is to say President Clin- fice, he is entitled to exercise the pow- depth review, was it not? Do you regard ton, after having been Commander in ers given to him under the Constitu- that as a good review? Chief for 7 years, is not sufficiently tion. As the Senator knows so well, Mr. WARNER. I am not here to pre- prepared to make this decision, we being a student of foreign and inter- judge that review. I think it was done need a further review before he can national affairs, the Constitution des- very carefully. But let me bring to the make it, then I couldn’t support the ignates the President of the United attention of my distinguished col- second degree. States as that individual who is our league, who spent great heroism in his Mr. WARNER. I certainly cannot chief foreign policy advisor, nego- career in the military himself, you rely on a 1997 review as being up to tiator, the home realm authority that should not try to make a decision with date. Much has occurred in those 2 goes with the Presidency. reference to the strategic capabilities years, indeed over 2 years, to where we I don’t wish to be critical, but I will of this country without reference, as are today. be factual. The President simply did needed in the quadrennial review, to Let me give one example. The Rus- not, in the course of his administra- the convention. In other words, you sians are strapped financially. One of tion, avail himself of the opportunity cannot just look at that in isolation. It the principal motivations to go to a to do the indepth type of study that I has to be examined in the context of lower level, on behalf of the Russians, and other colleagues think is necessary the totality of our military assets, and is they simply do not have the finan- before any decision of the type the Sen- the quadrennial review has to be done cial resources to maintain their exist- ator describes be made. and upgraded. ing arsenals—the readiness, the safety,

VerDate Mar 15 2010 22:45 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06JN0.REC S06JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 6, 2000 CONGRESSIONAL RECORD — SENATE S4547 all aspects of those existing arsenals. the directing and tell them what needs The PRESIDING OFFICER (Mr. That is the 1997 assessment. I would to be done—there are 2,260 vital Rus- ENZI). The Chair recognizes the Sen- not accept that. I would not think sian nuclear targets. ator from Virginia. President Clinton would want to accept These are on active alert. We are Mr. WARNER. I thank the distin- it. ready to attack. We are not talking guished Presiding Officer. What I am telling the Senator is that about the kinds of missiles that might Mr. President, I am thoroughly en- I would like to reply in totality to the miss by a couple of miles. These things joying this opportunity. It is an impor- Senator’s question by giving my state- are going to hit. They are very accu- tant amendment. Let me start by al- ment and then we can perhaps continue rate; they are very sophisticated; and lowing those who are following the this colloquy. Is that an option? they are very reliable. We have 1,100 amendment to understand what it is Mr. KERREY. That would be an op- nuclear targets. That is to say the Rus- our distinguished colleague wishes to tion for me. sians hold nuclear weapons. So 1,100 of do. By his amendment, he wishes to re- Mr. President, let me finish my our nuclear warheads —and we do not peal the limitation on retirement or statement, and I will yield to the Sen- have one under 100 kilotons—are going dismantlement of strategic nuclear de- ator from Virginia. to be targeted on 1,100 Russian nuclear livery systems in excess of military re- Mr. WARNER. Fine. sites. quirements. ‘‘Section 1302 of the Na- Mr. KERREY. I am anxious to hear Then there are conventional sites, tional Defense Authorization Act for the statement. As I said, it may be—ex- conventional weapons sites—500 tar- fiscal year 1998 is repealed.’’ pecting that the chairman, the Senator gets; 500 targets. I urge my colleagues The thrust of what he is trying to re- from Virginia, after listening to last to get a map out of Russia and try to peal limits the President of the United year’s debate, would merely this year come up with 500 targets on top of 1,100 States to certain levels of strategic declare victory and allow this provi- targets of nuclear weapon sites. Part of systems. Are we agreed on that? Does sion to be struck, it may be I should this debate needs to be done in the the Senator have a copy? declare victory and accept this amend- open so we can do a commonsense Mr. KERREY. My amendment simply ment, if it does not restrict the Com- check as to whether or not we have says: mander in Chief who has had plenty of more than we actually need, again Strike section 1017 and insert the fol- time to review it—and he may not. As forcing the Russians to maintain more lowing: I said, up to now he hasn’t agreed that than they can control. Sec. 1017. Repeal of Limitation on Retire- going to lower levels in exchange for Mr. President, 160 leadership targets. ment or Dismantlement— ABM is a good strategy—and he may These are the guys to whom we talk. Mr. WARNER. Does the Senator have not. It may all be moot as far as I We have a meeting with them: Presi- a copy of section 1017 he can print in know. But if it does not restrict this dent Putin, would you agree to modify the RECORD? President, or the incoming President, ABM? And oh, by the way, we have 160 Mr. KERREY. It is 1017 of the author- to make a determination prior to De- nuclear weapons of 100 kilotons or ization— cember 2001, it may be that I should de- more targeted on you and all the rest Mr. WARNER. I understand that. The clare victory and go home as well. of the Russian leadership. Try to come repeal of the limitation in a previous I want to repeat something I tried up with 160 targets. Get a Russian map authorization act of 1998—does the Sen- earlier to discuss. I do not think it is out and put 160 targets up, or 500 tar- ator have a copy of 1998? Mr. KERREY. Section 1302 of the De- very well understood by many Mem- gets, on something called war-sup- fense Authorization Act. bers of Congress. I certainly do not porting industry. This is all published Mr. WARNER. Section 1302 of 1998. I think it is very well understood by the accounts. This is not me coming out of American people. I say that with great left mine in the office inadvertently. the Intelligence Committee or some Mr. KERREY. Staff is searching, try- respect. It has been a voyage that has top secret briefing; this is now pub- ing to get an answer. I do have it. produced some surprising discoveries lished accounts of this targeting. It is Mr. WARNER. My distinguished on my part as well. I am not suggesting vital for the American people to under- ranking member is always prepared. I am smarter, more informed than any- stand that; otherwise they are going to We want to make sure the Senator body else. I am merely saying I spent say to the Congress: Just keep doing from Nebraska has a copy. time on this. what you are doing; it seems to be Mr. KERREY. The answer is yes. The I am deeply concerned that the working. Senator from Virginia and I are look- threat to the United States of America The longer we continue doing what ing at, I believe, the same thing. of an accidental and unauthorized we are doing, the more likely it is that Mr. WARNER. That is correct. We launch from Russia goes up every sin- the horrible, unimaginable disaster oc- are looking at the conference report for gle day that we maintain the force curs and that is an accidental unau- the 1998 authorization bill on page 330, structure as high as we currently have. thorized launch against the United section 1302, ‘‘Limitation on Retire- We have plenty of safety. We have States of America on the people of ment or Dismantlement of Strategic plenty of redundancy. We have plenty America and that the people suffer as a Nuclear Delivery Systems.’’ of capacity to tell whether we are actu- result. Mr. KERREY. I am looking at the ally being attacked or whether the sig- I have no idea if President Clinton public law. nals are false. would do an expedited review and say: Mr. WARNER. It is the same thing. The Russians do not have any of that I am going to try to strike a deal with Mr. KERREY. My guess is it is pretty or they have a declining amount of it. President Putin that will allow us to close. We are forcing them to maintain at go to lower levels of ABM to solve the Public Law 105–85 says: levels, in my view, that are increasing stalemate we have over missile de- (a) Funding Limitation.—Funds available the danger to the people of the United fense. He may not take the option. to the Department of Defense may not be ob- States of America. The danger is en- Whether he takes the option or not, I ligated or expended during fiscal year 1998 hanced as a consequence of our sort of believe it is unwise for us to be tying for retiring or dismantling, or for preparing presuming maybe there is no real risk. the hands of President Clinton. I think to retire or dismantle, any of the following I put these numbers out. This is the it would be unwise to tie the hands of strategic nuclear delivery systems below the specified levels: minimal level. This is what the Pen- President Gore, President Bush, or any (1) 71 B–52H bomber aircraft. tagon said in 1997. It is what the Pen- President in this fashion. We had never (2) 18 Trident ballistic missile submarines. tagon is currently saying is still valid: done it up to 1998. There may have been I note that under current law, I be- That the minimal level we need in the a compelling argument prior to the lieve you have given flexibility to go number of warheads is 2,500. The reason Duma’s ratification of START II, but from 18 to 14; at least you have allowed we need 2,500 is, according to the peo- there is no longer a compelling argu- it to happen. ple who do the targeting—again, they ment, in my view, and it would be a (3) 500 Minuteman III intercontinental bal- are doing the targeting based upon a mistake for us to have this continuing listic missiles. Presidential directive, presumably limitation. (4) 50 Peacekeeper intercontinental bal- evaluated by the Congress after we do I yield the floor. listic missiles.

VerDate Mar 15 2010 22:45 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06JN0.REC S06JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4548 CONGRESSIONAL RECORD — SENATE June 6, 2000 All of which total, by my rough cal- Mr. KERRY. Will my colleague per- traordinarily weak command and con- culation, slightly more than 6,000, mit a question? trol system. which is the START limitation. Mr. WARNER. Mr. President, I also As a current member of the Intel- Mr. WARNER. Wouldn’t the distin- owe the Senator an answer on a proce- ligence Committee, and the Senator guished colleague from Nebraska say dural matter which I am prepared to, from Virginia shares that, we know full that there Congress expressed its will regrettably, give, but I will give it to well that one of the greatest single and put limitations on the powers of him. threats to the United States of Amer- the President? Mr. KERRY. I thank the distin- ica today is threat reduction efforts. Mr. KERREY. Yes, I do. guished Senator. To suggest that the United States, that Mr. WARNER. Fine, and that is pre- I want to follow up on what the Sen- our citizens, are safer with more war- cisely what the Senator wants to take ator from Nebraska said, and I strongly heads and more active missiles being out. support what the Senator from Ne- left in place, with an army that is not Mr. KERREY. Yes. braska is trying to achieve. I ask the being paid, with command and control Mr. WARNER. Let us frame the argu- Senator from Virginia if he will agree ment from that. Congress has already that is disintegrating and degrading, is done it. The question is: Should we that START II was signed by the a very hard thing for me to understand. Mr. WARNER. Mr. President, if I continue, if we put this into permanent United States of America and was rati- law now, so it is permanent? Am I not fied. might reply, I raised that issue earlier. correct on that? Mr. WARNER. Factual. One of the reasons, motivations for the Mr. KERREY. The Senator is correct. Mr. KERRY. And the Senator agrees Russians to drive to lower figures as Mr. WARNER. The Senator from Vir- that now START II has also been rati- soon as they can possibly get there is ginia comes along and says there could fied by the Russian Duma. the inability fiscally to maintain their be merit in waiving this and a future Mr. WARNER. But with certain ap- own structure in a readiness posture, President should have the option to pendages thereto. which equates to what they have had in waive it, provided he does certain pre- Mr. KERRY. I agree. I understand. years past. liminary steps as outlined in the The Senator is correct. The Russian Mr. KERRY. I agree. amendment of the Senator of Virginia. Duma ratified START II with the un- Mr. WARNER. That is a risk. Are we agreeable with that interpreta- derstanding that they had to have the Mr. KERRY. But I ask my colleague, tion? successor states to the ABM Treaty ul- if you understand their economic need, Mr. KERREY. No, I would be agree- timately recognized by the United because they cannot maintain the war- able if the Senator from Virginia States, and there are a series of bilat- heads properly, and we are worried says—— eral agreements they want us to ratify, about accidental launch, how can you Mr. WARNER. We may not agree, but and because the Senator from North then want to prohibit the President of do we understand that is what I am en- Carolina, the chairman of the Foreign the United States from conceivably deavoring to do? Relations Committee, is fundamentally making us safer by wanting to mutu- Mr. KERREY. That may be what you opposed to these changes, we are stuck. ally move to a level where we are both are endeavoring to do, but I am not But the larger interests of the United safer because we have a number of mis- sure your amendment does it. You are States of America are to make the siles that are able to be maintained saying with your amendment that you world and this country safer. properly and the balance of power is want to make certain President Clin- We decided, as a matter of policy, I correct? ton cannot do it but future Presidents say to the Senator from Virginia, that Mr. WARNER. I give to my colleague could. the world will be safer if we move to re- two responses: No. 1—and I am not try- Mr. WARNER. What I am saying, duce weapons to the levels of START ing to be critical of this President’s ad- practically speaking, is I do not think II. In fact, it is the policy of the United ministration—why didn’t they do that President Clinton can do it in a judi- States of America now to engage in ne- several years ago? Because the deterio- cious and effective way, given the time gotiations toward START III, but no ration of the infrastructure and the fi- limitations between now and the end of one whom I know, who is rational at nancial situation in Russia has been an his term of office. least—and I absolutely include the dis- ongoing situation for several years. It Mr. KERREY. That is an interpreta- tinguished chairman of the Armed commenced under Yeltsin. tion on which perhaps we should have a Services Committee as among the most Mr. KERRY. Absolutely. colloquy. If we can reach a conclusion rational and most thoughtful people on Mr. WARNER. Why didn’t your Presi- that the President could do an effective this subject—nobody is suggesting that dent take those initiatives several review in short order, it may be, as I we would not want to reduce from the years ago? said, that I am going to declare victory level of 6,000-plus warheads and try to What I am saying to you now is, be- and go home and maybe support your fore this President or any other Presi- second-degree amendment. move in the direction of START II. I assume the Senator agrees. dent begins to make an assessment of a Mr. WARNER. In the first place, the magnitude such as this, they better law of the land is still intact until the Mr. WARNER. I simply say to my distinguished colleague, before this have in place an up-to-date analysis. Senate and, indeed, the House are in That is essentially what I am saying. conference and the President signs this Senator expresses a view on that, I want to see a new quadrennial review, For the record, I would like to read bill. At the moment, the law of the from the George W. Bush statement: land precludes him from doing that. as well as a new analysis of our stra- tegic system. I will not commit to any As President, I will ask the Secretary of What I am trying to offer is a rel- Defense to conduct an assessment on our nu- evant course of action whereby the numbers at this time until I see that. clear posture and determine how best to next President has the opportunity to That is essentially what our candidate meet our security needs. While the exact address this situation in the context of George W. Bush has said. number of weapons can come only from such a fresh QDR and a fresh up-to-date Mr. KERRY. I interpret what the an assessment, I will pursue the lowest pos- analysis of all the strategic threats, candidate, George W. Bush, said some- sible number consistent with our national what the other nations possess, and the what differently, and I read his speech security. like. That is effectively what I am try- closely the other day. Mr. KERRY. Mr. President, it is iron- ing to do. It was my understanding he said he is ic that a Democrat would be here inter- Mr. KERREY. By effectively doing prepared to unilaterally reduce weap- preting the words of the putative Re- that, you are also saying that the cur- ons no matter what the Russians do. publican nominee. But let me say to rent QDR, the current evaluation, is He also wants to accompany that with my colleague, he very clearly talked not valid; that the analysis that was a fairly robust national missile defense about unilateral reductions. His father, done in 1997 by General Shalikashvili is system. President Bush, also was supportive of not valid? I again say to my colleague, I think and negotiated the policy of START II Mr. WARNER. I say it is outdated. the Senator from Nebraska is on tar- and wanted to move in that direction. Mr. President, 1994 is when the last as- get. Look, the former Soviet Union, Now START II takes us down to 3,000 sessment was made. what remains of it, Russia, has an ex- warheads. I do not know anybody in

VerDate Mar 15 2010 22:45 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06JN0.REC S06JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 6, 2000 CONGRESSIONAL RECORD — SENATE S4549 the world of nuclear assessments—you not only of the nuclear posture but carry through properly. I strongly hope look at the SIOPs. I think there are also the conventional. You have to do my colleagues will do so because it is public targeting figures that do not them together. Then what happens? the right thing to do. violate classification. But I will be The next President is faced with the I thank the Senator from Nebraska. careful with this because I do not want dilemma of trying to refute what Presi- Mr. WARNER. Mr. President, I have to violate it. dent Clinton did. That would be the enjoyed my colloquy with my distin- Let me just say that the Senator well worst of both worlds. guished colleague from Massachusetts. knows that the SIOPs plans of the Mr. KERRY. May I ask the distin- I would like to present my amend- United States have a number of targets guished Senator from Virginia, with all ment at an appropriate time. Has the that are well taken care of by the cur- his years of experience—he has been on presentation of the presenter, the dis- rent levels of START II, which is why the inside of these negotiations; there tinguished Senator from Nebraska, the Joint Chiefs of Staff, the Pentagon, is nobody with a stronger career with concluded? and everybody signed off on it. respect to this—can he really say to Is this an appropriate juncture, be- In today’s world, in a non-cold-war me, in this current climate, with the cause I don’t want to encroach on the world, the greatest threat is a rusty problems of the Russians in reducing opportunity for him to fully give his freighter hobbling its way into New and maintaining their current weap- presentation? York Harbor, or nearby, and has the ons, he can really envision the scenario Mr. KERREY. The Senator is not en- potential to launch a cruise missile at which would require us to reverse a croaching. I stand by and look forward us, or the greater threat is some group builddown to the 3,000 level? to his argument. of terrorists assembling in New York Mr. WARNER. First, I thank my col- Mr. WARNER. I see the distinguished the multiple parts of a nuclear weapon league for his comments with regard to chairman of the subcommittee on stra- and holding us hostage, or, as we saw me. But, No. 1, I never commented on tegic affairs seeking some recognition. in Japan with the sarin gas attack, ter- SIOPs. I think that is a classification I would like to accommodate him. I rorists who want to cripple the commu- that should not in any way be have had more than adequate oppor- nity through chemical or biological breached. tunity to debate these points. warfare. Mr. ALLARD. Will the Senator from Mr. ALLARD. Mr. President, I want Those threats chill me far more than Virginia yield? to point out that the Strategic Sub- the concept of reducing to 3,000 weap- Mr. WARNER. Let me finish. Then, committee, which I chair, has been re- ons over the course of the next years. not addressing the SIOPs in any way— alizing that times are changing and we It is going to happen. No matter what I think you understand why we should need to reevaluate and reassess our nu- the Senator from Virginia says about not do that—I believe that it is unwise, clear forces. In fact, if you look in the the next quadrennial review, I am will- given the current posture of the studies bill, we have set up a couple of studies: ing to bet my seat in the Senate that and the fact that on the face they are a revised nuclear posture review in sec- this country is going to move, together not up to date—certainly there has tion 1015. Another is a plan for a long- with others, to reduce the levels of been no revelation that these studies term sustainment of modernization of weapons to at least 3,000. The debate are up to date—that we should be mak- U.S. strategic nuclear forces in section today is not whether we ought to be at ing decisions with regard to numbers 1016. 3,000. The debate today is whether or at this time. I simply will not put my We recognize that times are chang- not 1,000, 1,500, 2,200 to 2,500 are the ap- finger on any particular number. Your ing. But this is very serious business. propriate levels. assumption is reasonable, but I am not When you are talking about a balance So why on Earth we would want to going to accede to it. of power between the United States hobble the ability of the President of Mr. KERRY. Let me say to my and the rest of the world—and in this the United States to make this country friend, he talks about the law of the particular case, Russia, the former safer by reducing to the level already land. When you sign a treaty and the U.S.S.R.—we are talking about very se- agreed upon by Republican and Demo- Senate has ratified it, it is the law of rious business. I don’t think this deci- crat negotiators alike is absolutely be- the land. Technically speaking, under sion should be made by one person. yond me. international law, it is the law of the That is why we have set up this posture Mr. WARNER. Mr. President, I sim- land when you sign it. When it is rati- review process. We suggested it in the ply say to my colleague, the Congress fied, it is even more so the law of the bill we have introduced in the full com- has done it. Why do we want to hobble? land. mittee and now it is part of the bill. They did it. Last year our colleague I realize that technically speaking Apparently, this sort of mantle was brought up the amendment, vigorously the SALT II does not, in effect, go into picked up by Presidential candidate argued it, and it was defeated. So Con- full effect until we pass on the codicils. George W. Bush. An important part of gress did it again. But that is such a technicality in the his comments is that there be a pos- Mr. KERRY. There was a reason, Mr. context of what we are trying to ture review, a careful analysis of where President. It is because the Russian achieve in the world. We are the leader we are with our nuclear forces. I think Duma had not ratified. Everybody un- of the free world. We used to be the your amendment is carrying forward derstood the rationale for that. But most important force in the world for with what the Strategic Subcommittee now they have ratified it. And the only nonproliferation efforts. We used to suggests and the Armed Services Com- restraint on our moving to a safer make the most important efforts to try mittee and even candidate for the Pres- world is the fact that the Senate For- to encourage other countries to toe the idency George W. Bush. eign Relations chairman is unwilling line on nuclear weapons. I support the chairman in his amend- to bring it to the floor. If we are now going to suggest that ment to ask for a posture review before Mr. WARNER. I am not going to sin- having put into law and ratified a trea- we move forward. If I am not a cospon- gle out the Foreign Relations chair- ty, we are unwilling to reduce these sor on that amendment, I will ask that man, but I make the following observa- levels of nuclear weapons at a time we I be added because I think it is very tion. That is, this is the law of the know Russia is growing more and more important. No matter who is President, land. We are giving the opportunity to unsafe in its capacity to maintain I don’t think one single person should the next President to do the necessary them, we are not acting in the inter- be making these decisions without a studies. ests of the American people and mak- careful review from those people who Supposing President Clinton took ing them safer. know what they are doing in the De- such actions, which under the Con- I say respectfully to my friend from partment of Defense. stitution I presume he can—except Virginia, in the next 6 months there is As I understand the chairman’s that the law is pretty explicit here, un- ample opportunity for any President to amendment, it does call for that very less it is repealed—and laid down a set step in, a new President, and say: I do careful review. There is one thing I of numbers which the next President, not want to continue these levels. But would like to comment on before I whomever it may be, finds unaccept- we have an opportunity here to make yield. The Warner substitute amend- able after he does the requisite studies, the law of the land on this bill in effect ment, as I understand it, would provide

VerDate Mar 15 2010 22:45 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06JN0.REC S06JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4550 CONGRESSIONAL RECORD — SENATE June 6, 2000 authority for the President to waive mandy. There was bipartisan support Mr. ALLARD. The important point is the limitations in current law regard- for it. He was running against Dewey that we have careful review of our nu- ing the retirement of strategic nuclear at the time, and he was courageous clear posture. I think it should be done delivery systems once the Secretary of enough to say we were going to have a with a lot of consultation with a lot of Defense has completed the Nuclear bipartisan foreign policy. different people, other than only the Posture Review required by section The thing that concerns me is that President and his immediate sur- 1015, which I referred to earlier in my we are losing that. We are saying rounding staff. I think the amendment comments. The amendment of the Sen- President Clinton can’t do it. If it is of Senator WARNER does that. I think ator from Nebraska, as I understand it, Bush or GORE, fine, they can do it, but it is certainly compatible and con- would not be consistent with the policy Clinton can’t. I think that is a signal sistent with what the committee has enunciated by Governor Bush, nor that we are not willing—for example, been thinking in terms of the studies would it satisfy the concerns that Con- the Senator said earlier President Bush they think are necessary, both in long- gress has raised for the last 5 years. It signed START II after the November term as well as short-term posturing would lead to misguided and unin- election and authorized troops to go to with the nuclear forces. Personally, I formed reductions, in my view, rather Somalia late in his term. We under- think probably there is going to be an than a force posture based on careful stood it was late in his term and that opportunity for us to reduce some of review of all our strategic require- he might not have won the election, our nuclear forces. But it has to be ments and how these relate to our but, by gosh, the President had the au- done with a lot of forethought and overall national military policy. I thority to make these decisions right careful study. I don’t think we are think the chairman is headed in the up to the end of his term. This amend- going to solve that on the Senate floor. right direction. ment seems to be saying, although I I think it is going to take people who Mr. WARNER. Mr. President, if I think the language of the amend- know and understand all the details of may, I will make one observation and ment—I am trying to ascertain wheth- the program—both ours as well as then I will step back. This provision in er or not I should vote for this amend- throughout the world—to make this the bill that is currently before the ment because it appears the language decision. I don’t think it can be made Senate was done in, first, the sub- would allow the President to do an ex- quickly. committee of which the Senator is pedited review. It doesn’t say he can’t Mr. KERREY. The Senator’s answer chairman. have it done earlier. It may be that the is yes, for a new President. He could do Mr. ALLARD. That is correct. Senator’s intent is to prevent Presi- it as long as he is satisfied with the Mr. WARNER. It was brought to a dent Clinton from doing it. But I don’t definition of ‘‘careful review.’’ He could markup, at which time any Senators believe the language of the amendment do it prior to December of 2001. Accord- on that side of the aisle could have ob- does that. ing to this amendment, it has to be jected to it. There was no objection. In The PRESIDING OFFICER. The Sen- submitted by 2001. So a careful review fact, as I have looked at the record, it ator from Colorado has the floor. could be done before December 2001. was accepted and voted on unani- Mr. ALLARD. I thought the Senator I am trying to get the Senator to mously by the entire committee, rec- from Virginia was controlling the time. talk me into voting for his amendment. ognizing the importance of having such Mr. KERREY. I ask the Senator from That is what I am attempting to do a review done timely before any anal- Colorado, is it his understanding that here. If the answer is yes, as it appears to be, you may not want President ysis could be made as to future levels this language would prevent a Presi- Clinton to make the decision. By the of weaponry; am I not correct? dent Bush from doing a review that Mr. ALLARD. That is correct. This could be done in 60 days from, let’s say, way, I think it is unlikely that he will. issue was not brought up in sub- either the time of his election or the He hasn’t thus far. I just think it would not be a good committee or full committee that I re- time he is sworn in as President? thing for us to say that we are going to call. Would it prevent an expedited review? put a restriction on this President that Mr. LEVIN. If the Senator will yield Say he has Colin Powell or former Na- we are not going to put on the Presi- on that narrow point, this language tional Security Adviser Brent Scow- croft and Henry Kissinger and George dent-elect, whoever that happens to be. was significantly amended in com- Mr. ALLARD. I would like to respond Shultz advising him, and the four of mittee, if I may say so. It wasn’t of- to that. On page 4 of the Warner them say we believe he ought to go to fered in that form. It was amended. amendment, it says after submission of This language here is not the issue. 5,000, and the Secretary of Energy is a report, consult with the new Con- The issue is that the amendment of the going to notify Bush on February 1; gress in subsection (c). Senator from Virginia says that this would your amendment preclude that? I think if those positions are met, we President and the next President can- Mr. ALLARD. In my view, and the can move forward. not take an action until after a certain way I read the amendment—and I Mr. WARNER. Mr. President, if I action is taken at the end of 2001. That think you are missing the main point might interject myself, as this is was never discussed in committee. It is of the amendment—is that you have a drawn, I can easily amend it so that not part—— careful review before making a deci- the next President can bring about the Mr. WARNER. Any time before. It sion. From a practical standpoint, necessary infrastructure of studies and doesn’t limit it to the end of 2001. It hopefully, it is not going to be an easy have them completed on a timetable to could be done earlier on. decision arrived at. If you are using accelerate it so it is not tied to Decem- Mr. LEVIN. Oh, it can be? February as an example, I think it may ber. The way this is drawn, it is due in Mr. WARNER. With the next Presi- be possible, because if you look into it, December. But I do not interpret that dent. it says after the quadrennial review of to preclude an earlier assessment by Mr. KERREY. Mr. President, if the 2001. the next President. Senator will yield on that, the lan- Mr. KERREY. No. It says concurrent, What I say to the Senator most re- guage of the Senator’s amendment which, as I read the language of this spectfully is, practically speaking, doesn’t say that. That was the question amendment, would cause me not to under the current administration you I was going to ask the Senator from vote for it. It doesn’t preclude Presi- have several years in which to do this Colorado. It doesn’t preclude the Presi- dent Clinton or Bush or GORE from say- work and bring it up to date. It simply dent from doing a review before De- ing we can finish that part of the re- has not been done. cember 2001. The Senator from Virginia view faster than the rest of the review I just think, practically speaking, was saying so long as it is GORE or and have the Secretary of Energy sub- this President would be ill-advised to Bush, it is OK; but if it is Clinton, it is mit it to Congress for congressional try in the remaining period of a few not. consideration. By the way, you can months to do this type of important This is June 6, the day Franklin strike this provision and there is no thing and to have these studies sud- Delano Roosevelt, while going through guarantee at all that President Clinton denly brought up. a Presidential campaign, authorized is going to take any action. He hasn’t Mr. KERREY. First of all, I think it the landing on the beaches of Nor- thus far. He hasn’t asked for authority. would be a very unwise thing to do.

VerDate Mar 15 2010 22:45 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06JN0.REC S06JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 6, 2000 CONGRESSIONAL RECORD — SENATE S4551 Again, as I indicated earlier, Presi- this cannot be done just on the certifi- related considerations that exist in our dent Bush took action on START II cation of the President. That is the pri- defense strategic posture. after the election of 1992. President mary distinction between this amend- The Senator from Nebraska, as the Bush committed troops to Somalia late ment and the amendment from the vice chairman of the Intelligence Com- in his term without getting my objec- Senator from Nebraska. mittee until very recently, appreciates tion to do it. I wasn’t going to draw a With respect to those two studies, this point as well as anyone. I know line in the sand late in his term if he one of them is the quadrennial review. that. Among the things that have to be saw a threat to this Nation. And if he That is the review that Congress now considered, for example, in bringing had a policy, I would agree with that requires of the President every 4 years. the number of warheads down, are two policy. I was not going to prevent him It is a very long set of requirements things: First, though we all talk in from doing it simply because it would that take all of the defense needs of the terms of warheads, the Senator from be late. I think that would be inadvis- country into account in a coordinated, Nebraska knows and the chairman of able. structured way. the Armed Services Committee knows I look at the language of the amend- It is in that context that I believe, that isn’t what we really count. We ment. I don’t see any need to do in the incidentally, Governor Bush would count delivery systems. Those delivery amendment what the Senator is say- probably want to have this review systems include ICBMs, missiles on ing. It seems to me that the language done. I can’t speak for Governor Bush. submarines, and bombers, which are of the amendment says it has to be But I am certain after having talked to the three legs of the triad that deliver submitted by December 2001, but also him that he has in mind approaching the warheads. there is language in there precluding our defense structure generally in a Here is just one consideration that President Clinton, if he could, to accel- somewhat different way than the past goes into this equation. The United erate a review if he chose to. administration has. He has some dif- States has a need to project its conven- I am trying to get the Senator to ferent strategies in mind. tional forces. We are the superpower of talk me into voting for his amendment My guess is that he would want the the world. We try to keep peace in because it seems to me the language of nuclear review to be done consistent parts of the world when other nations his amendment would allow the Presi- with the quadrennial review so that cannot do so because among other dent, if he chose to, to do the review the Nuclear Posture Review would be things, we have the reach to get to just as President-elect Bush or Presi- coordinated with the quadrennial re- those places. We recently involved dent-elect GORE could do. view. That is precisely what the War- those forces in Kosovo, and before that Mr. WARNER. I think the Senator ner amendment calls for. It says: we did it in the gulf war. In both cases from Nebraska has carefully pointed The secretary of defense shall submit to we used our bomber forces. out that some clarification of this De- Congress in unclassified and classified forms Some of these bomber forces, such as cember timeframe is desirable. I will as necessary a report on the result of the Nu- the B–2 bomber, clearly count in terms begin to draft it immediately and hope clear Posture Review concurrently with the of strategic warheads. If we were to he can accept some. Quadrennial Defense Review due in Decem- bring the strategic warheads down too Mr. KERREY. Mr. President, it is not ber of 2001. far, the result of that would be to take desirable, if the Senator from Virginia The Senator from Nebraska is quite out of service bombers which we need seeks to get additional support. I am correct. That report would be acceler- not just for strategic purposes but for saying that as long as he keeps the lan- ated some. As a practical matter, how- conventional purposes as well. guage the way it is right now, I can in- ever, it is not going to be accelerated That is why this gets to be a pretty terpret this in a way that allows Presi- to the point that would occur in the complicated matter and why it dent Clinton to do so if he chooses. year 2000, and as a result it would, in shouldn’t be done quickly. It certainly Again, I say to my good friends on that fact, occur during the next administra- shouldn’t be done merely for political side that President Clinton hasn’t indi- tion—not this administration, the way reasons. I am not suggesting that any cated any desire to do so. the amendment is written, at least as I President would do that. Why would we want to draft this read it. That is why clearly a Nuclear Pos- amendment so that it prevented an ex- While it does not tie the Nuclear Pos- ture Review is critical to any proposal isting President from doing something ture Review to a specific date, it does that the President would make in this that a new President could do if the ex- say that it should be submitted concur- regard or any decision he would an- isting President hasn’t demonstrated rently with the QDR, whenever that nounce. Because you are talking about any willingness to do so in the first happens to be submitted. the interrelationship between conven- place? I think that is the answer to the Sen- tional and strategic forces, you should It seems to me if Congress is saying ator’s question. I think this is a very tie this to the QDR as well. we just do not trust this particular reasonable approach. I hope the Sen- That is why the Warner amendment President, and we are not going to ator will support the amendment for very wisely says the Nuclear Posture allow him to do that, it is a very bad that reason. Review, and the quadrennial review signal. It signals to people that may I again go back to primarily the should be submitted concurrently, and have a bad intent toward the United point that was made, and that is that that when they are, the President States of America that they might be we have two different approaches. One could make a decision to reduce our able to get away with things. They relies on just the certification of the warheads below that called for by this might be able to do things in this cur- President that he thinks this is a good agreement. rent environment as a consequence of thing to do. The other specifically re- One more point in response to a point Congress not willing to allow what nor- quires him to do the Nuclear Posture that the Senator from Massachusetts mally the Commander in Chief would Review and the quadrennial review and made earlier. The inference of his re- be allowed to do. to submit those two concurrently. marks was now that START II has The PRESIDING OFFICER. The Then the President can, if need be, been ratified by both the United States Chair recognizes the Senator from Ari- bring the force structure down. and Russia, there is no reason why we zona. I would like to make one other point, can’t bring these warhead numbers Mr. KYL. Mr. President, as a cospon- if I could. If the Senator from Nebraska down. But that is not true. START II sor of the Warner amendment, maybe I wishes to interrupt me, that is fine. has not been ratified unconditionally can offer a little solace to my col- The second point I want to make is by the Duma. The Duma in Russia rati- league from Nebraska, which I think is this: There is a tendency to speak in fied START II with conditions, and consistent with the intent of the chair- just sort of hypothetical terms about until those conditions are satisfied, man of the Armed Services Committee. numbers: Well, 6,000 is a lot or 3,000 Russia will not submit its articles of First of all, as the Senator from Col- seems more reasonable. ratification. They will not become ef- orado pointed out, the primary point of What everyone really needs to under- fective. Until they are deposited with the Warner amendment is to ensure stand is that we are talking about one the appropriate international body, that two specific studies are done; that of the most complex sets of inter- and I believe it is Geneva, Switzerland,

VerDate Mar 15 2010 22:45 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06JN0.REC S06JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4552 CONGRESSIONAL RECORD — SENATE June 6, 2000 the Duma ratification of START II is dential directive says you have to do. I that the decision of the President to not effective. It is conditional upon am challenging the Presidential direc- lower the force structure—what he ne- two things that the U.S. won’t approve: tive, the policy itself. gotiates is a totally different issue. We the so-called multilateralization agree- As I understand it, I thought earlier are not limiting what the President ment and another agreement which we could have some flexibility in this can negotiate in terms of a treaty limits the way in which our tactical amendment. I am uncomfortable tying which will then be submitted to the missile defenses could be arrayed. this thing to quadrennial review. I Senate. We are at a stalemate in terms of don’t want to speak for the administra- We are talking about a force struc- START II. That is why it is inaccurate tion. I am not on the Armed Services ture which has to be maintained, sub- to argue that since both countries have Committee so I haven’t been there ject to being changed either by treaty now ratified START II, the President when they made the presentations, but when ratified becomes the law of the might as well bring the numbers down. I have, as a consequence of being pro- land, or by a subsequent law. That is not true. There may be good voked to do so, requested a briefing What this language does, as I under- reason to bring those numbers down ir- from STRATCOM that was given to stand it, and I think I partly agree respective of START II, but it is not an General Shalikashvili in 1997 and was with the Senator from Arizona, is that argument that because both countries presented to the Armed Services Com- he could not lower the force structure have ratified START II, now the Presi- mittee. I believe both the chairman until that Quadrennial Defense Review dent should bring the warhead numbers and ranking member received that and Nuclear Posture Review are sub- down. In point of fact, START II has briefing, as well. I am satisfied that is mitted. I think that is the way the not yet been legally ratified by Russia. a current analysis. I am satisfied that amendment reads. The bottom line is I agree with Presi- it needs relatively little attention. However, I think I agree with what dent Bush. I take it, to some extent I don’t agree with what the chairman the Senator from Virginia suggested based upon what I know of Senator has said, saying that the President has before, which is if that Quadrennial De- KERREY’s comments, that we ought to not been evaluating this over the last 7 fense Review and Nuclear Posture Re- make a determination which makes years. He has arms control negotiators. view is submitted before December of sense for America. The world is dif- In fact, he has resisted pressure from 2001, at that point this waiver could be ferent now than it used to be. The this side of the aisle to do the very exercised by a President. President ought to, upon proper re- thing I am talking about right now. He Mr. KYL. That is exactly my under- view, determine the size of our nuclear has been unwilling to do it; he has been standing, too. That is precisely the strategic forces. unwilling to go lower, to do the thing way I think it reads. Where I think perhaps we may have a that President Bush did in 1991. Mr. LEVIN. Will the Senator yield disagreement, although perhaps he now I am not certain, even if this section for a question? is convinced, is that rather than sim- were stricken, that the President Mr. KERREY. I am pleased to yield. ply saying the President can have that would take any action, but I am not Mr. LEVIN. What is interesting to authority and can exercise it irrespec- willing to accept that there hasn’t been me is that there has been an argument tive of what the Congress did last year a sufficient amount of review done on from the Senator from Virginia and in passing the law that said no, rather this, and I think it would be unwise, as our good friend from Arizona that than taking that approach, it makes I hear now, not only restricting Presi- there should be a review; until there is much more sense to ensure that the dent Clinton but restricting President- a review, there should not be a reduc- tion in our force from START I levels. President makes this decision with the elect Bush or President-elect GORE. calm, cool reflection of the quadrennial Earlier in a colloquy with the author Mr. WARNER. That is correct. Mr. LEVIN. There was a review in review and the strategic nuclear pos- of the amendment, it seemed there was 1994—1994. In 1994, the START II level ture review having been done. When some flexibility. But I hear the Senator was deemed to be adequate by the those two things are done and sub- from Arizona saying, no, there is not; chiefs. There was a nuclear posture re- mitted concurrently, it will be an ap- it would have to be submitted concur- view in 1994. propriate time for the President then rent with the quadrennial review, Then, in 1996, we come along and say to make this decision. which is expected in December of 2001, Mr. KERREY. First, I appreciate you can’t go to START II levels. You and it may not be done 2001. It could have to stay with START I levels, we very much the statement of the Sen- take longer than December of 2001. We ator from Arizona. We have been to- said, by law—by law. are saying that the current President So we had this thoughtful Nuclear gether on a number of occasions before and future Presidents could not, if they Posture Review that took place in 1994, the intelligence committee and in the got an attractive offer from the Rus- but we won’t let a Commander in Chief public environment talking about the sians to accept the kind of modifica- implement that Nuclear Posture Re- threat of the missiles, especially from tions in ABM that permit a vigorous view, which was thoughtfully carried rogue states. I have enjoyed those asso- deployment of missile defense along out and which supported the START II ciations very much. the lines of what Governor Bush is He is quite right; the systems are ex- levels in 1994 because we came along a talking about, this would prohibit Gov- year and a half later and said you have tremely complicated. We do talk about ernor Bush from doing that unless we warheads and we ought to focus on the to stick with the START I levels. came in and changed the law again. Now the chiefs are very much op- platforms. One of the problems is that I think we should not be tying the posed to that requirement in law that it is very rare we have a chance to hands of the President in these kinds of restricts us to START I levels, the focus on any of these. It is debated too negotiations. What current law does, as higher levels, and doesn’t allow a Com- little, in my view. These are not bul- modified by the Senator from Virginia, mander in Chief to go to the START II lets; these are very complicated sys- is to untie it slightly, but as I under- levels. They have written us, and they tems. If you are the STRATCOM, you stand it now and if the Senator from have testified. Here is General Shelton: have a Presidential directive that tells Virginia agrees regarding the expla- you what you are supposed to do. I would definitely oppose inclusion of any nation of the Senator from Arizona in language that mandates specific force struc- Again, that is where it all begins, with an earlier evaluation, that could not be ture levels. a Presidential directive and a PPD 60 done, but only submitted concurrent General Shelton: that was updated during the Clinton with the submission of the quadrennial The Service Chiefs and I feel it is time to administration. You set forth talents. review. consider options that will reduce the stra- You are the CINC in charge of this. Mr. LEVIN. Will the Senator yield? tegic forces to the levels recommended by You have ICBMs, submarine launch Mr. KERREY. I yield. the Nuclear Posture Review. ballistic missiles; you have your bomb- Mr. LEVIN. My understanding is the That was 1994. He went on: ers at your disposal; and you are calcu- Senator from Arizona and the Senator The START I legislative restraint will lating whether they will be reliable, from Virginia would have to make a need to be removed before we can pursue whether they are available, whether decision on this because it is his these options. Major costs will be incurred if they will be able to do what that Presi- amendment. But my understanding is we remain at START I levels.

VerDate Mar 15 2010 22:45 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06JN0.REC S06JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 6, 2000 CONGRESSIONAL RECORD — SENATE S4553 So we required that they stick at and serous review done. What the lieve strongly—and this amendment re- START I levels, in 1996. And then some amendment does is it ties the hands of cites it—that certain steps should be of us now are critical of the Com- a President, this President and the taken before any President makes such mander in Chief for not going to a dif- President-elect, if we have to wait for important decisions with regard to the ferent force structure. We are saying: it to be submitted concurrently with numbers in our future arsenals. Well, that’s the law. We passed the law. the quadrennial review, and it weakens Mr. President, under the unanimous We require him to stay at the START him as a consequence. It says to the consent agreement, this debate can I levels. And now some of us criticize people who are negotiating with him, if continue tomorrow. I think we have him for trying to do something precipi- an offer is put on the table by this had an excellent debate. I think we tously, without adequate study. President that is different from what have narrowed, for the benefit of the There was an adequate study. It was the current law allows, he cannot do it. Senate, where the differences are on called a Nuclear Posture Review in He can’t sit down and negotiate with the two sides. 1994, which said the START II levels President Putin to go to lower levels in Unless my colleague from Colorado were adequate for the security of this exchange for a modification of ABM be- has further to say on this amendment, country. We will not let him go to the cause the law prevents him from doing I will proceed to do another amend- START II levels. Then, as my good it. ment at this time. friend from Nebraska points out, in It weakens an incumbent President. Mr. LEVIN. Will the Senator yield 1997 there was an additional review. I That is exactly what it does. I think for just one procedural question? do not think any of us want to suggest that is what it is intended to do. That Mr. WARNER. Yes, of course. the chiefs did not do a thoughtful re- is what it will successfully accomplish. Mr. LEVIN. Is it the intention, then, view in 1997, saying we could safely go, I don’t think—in fact, I know—from of the Senator from Virginia to modify in a START III agreement, to a lower my experience of the Senator from Vir- his pending amendment? level than START II. But we are stuck ginia that is precisely the opposite of Mr. WARNER. I thank the Senator at START I. We are at START I levels. the sort of thing he would want. He from Michigan. It is not my intention Now we are saying we will let the next would avoid it. I am going to listen to to modify the amendment of the Sen- President go to a lower level than the answer of the Senator from Vir- ator from Virginia at the desk at this START I, but not this, because we ginia and then come back in the morn- time. want it to be thoughtful, when we had ing to hear even more. Mr. LEVIN. The modification I was a thoughtful review in 1994. We will not But in the spirit of bipartisanship, I referring to was not a technical modi- let them go on. We had a thoughtful re- understand the Senator from Virginia fication to comply with the unanimous view in 1997 to which we won’t let him is going to be offering later, perhaps, consent agreement. The modification I go. an amendment that would provide was referring to is whether the Senator Of course, it should be thoughtful. some resources for the operation of a from Virginia is intending to modify We have had two of them right in the World War II memorial. any of the language relative to that RECORD, right before us, that we are Mr. WARNER. That is my intention. 2001 date. saying, in the Kerrey amendment, to Mr. KERREY. I would like to be Mr. WARNER. At this time I do not which we ought to allow a Commander added as a cosponsor of that. think it is necessary. I will ask the in Chief to go. We have the Chiefs say- Mr. WARNER. At long last, he is Chair, for the purposes of clarity, is the ing they want the option to go to the joining me. I am going to do that as amendment of the Senator from Vir- START II levels. Unless we say the soon as the opportunity presents itself. ginia in order? I yield the floor. The PRESIDING OFFICER. Yes, it is. chiefs do not act thoughtfully—and I The PRESIDING OFFICER. The Sen- Mr. WARNER. There was some con- do not think anybody in this Chamber ator from Arizona. wants to take that position—then it Mr. KYL. Mr. President, I believe the cern, technically, heretofore that it seems to me we should allow a Com- question of the Senator from Michigan was not. mander in Chief to go to the thoughtful through the Senator from Nebraska to Mr. LEVIN. That is correct. Posture Review level of 1994 and the the Senator from Virginia is whether Mr. WARNER. Mr. President, we will thoughtful 1997 level. he agreed with me. lay aside this amendment for the time So the first thing we need to do is in- My interpretation is simply the lan- being. terpret what this amendment means. I guage of the amendment which says The PRESIDING OFFICER. The do not know if Senator WARNER agrees that the Nuclear Posture Review shall unanimous consent agreement we are with this, but I think Senator KYL has be submitted concurrently with the operating under at the present time suggested the way I phrased that inter- quadrennial review, which is due in De- does not contemplate any additional pretation was accurate. I would be ask- cember—— amendments, so it would require unan- ing a question, even though Senator Mr. WARNER. No later than. imous consent. KERREY has the floor, of Senator WAR- Mr. KYL. No later than December Mr. WARNER. That is correct. I am NER, whether he agrees with Senator 2001. It could be, therefore, submitted simply at this point in time asking my KYL’s interpretation of the Warner prior to that date. It all depends upon colleague for unanimous consent that I amendment. when the QDR would be submitted. But can send to the desk an amendment re- Mr. KERREY. Let me ask Senator it does have to be at the same time. lating to the World War II veterans me- WARNER the question. If I could just make one other point, morial. Mr. WARNER. I ask my colleague to I am advised by staff that the last The PRESIDING OFFICER. Is there restate his position for clarity, and quadrennial review did not include a objection? then I will clearly indicate. review of the nuclear posture. So the Mr. LEVIN. Reserving the right to Mr. KERREY. In answering the ques- last Nuclear Posture Review was in object, we just need a few minutes to tion of the Senator from Michigan, fact in 1994. look at it. We just received it. that portion that was directed to me at Mr. WARNER. Mr. President, my col- Mr. WARNER. Why don’t we put in a least, first of all I say you are right. I league is correct on that. I can verify brief quorum call, Mr. President. think the question is, Do we need an that. And I agree with his interpreta- I suggest the absence of a quorum. additional review, more than we have tion of my amendment. It is as simple The PRESIDING OFFICER. The already had, to support a President if as that. clerk will call the roll. the President decides to go at lower Mr. LEVIN. I think I did say the Nu- The bill clerk proceeded to call the levels? That is what this amendment clear Posture Review of 1994, which was roll. says. This amendment says we need ad- a thoughtful review which supports Mr. WARNER. Mr. President, I ask ditional review and it needs to be more START II levels. The Commander has unanimous consent that the order for thoughtful than we have had thus far. been precluded from going to that by the quorum call be rescinded I am prepared to say, with the little our law. The PRESIDING OFFICER (Mr. I know—you know more than I on this Mr. WARNER. It comes down to a ALLARD). Without objection, it is so or- subject—that we have had thoughtful very practical application, that we be- dered.

VerDate Mar 15 2010 22:45 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06JN0.REC S06JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4554 CONGRESSIONAL RECORD — SENATE June 6, 2000 AMENDMENT NO. 3189 consultation with him, as have other This is a recognition of the contribu- (Purpose: To require the disposal of a certain Members of the Senate, with regard to tion of millions of Americans, upwards quantity of titanium from the National the success of this memorial effort. of 16 million who wore the uniform in Defense Stockpile) It has been successful. Today Senator that period, and treble that amount at Mr. WARNER. Mr. President, I have Dole was proud to receive a donation home were involved in the industrial consulted with my distinguished col- from the private sector in excess of base, all of the activities to support league, and I am going to now send an some $14 million. What a fitting day, those who were on the battlefronts in amendment to the desk and ask for its the 56th anniversary of D-Day. I called the Pacific and in Europe. immediate consideration. Senator Dole, after consultation with a So it was America’s generation of The PRESIDING OFFICER. Without number of my colleagues, most specifi- uniformed and those civilians here at objection, the clerk will report. cally those colleagues in addition to home who fought courageously and The bill clerk read as follows: myself who served in World War II, to sacrificed in so many ways to make The Senator from Virginia [Mr. WARNER], get their concurrence in a decision that victory assured against tyranny. for himself, Mr. LEVIN, Mr. THURMOND, Mr. I had made sometime earlier to the ef- The memorial campaign currently is INOUYE, Mr. HOLLINGS, Mr. STEVENS, Mr. fect that I thought Congress should progressing toward raising the $139.6 ROTH, Mr. HELMS, Mr. MOYNIHAN, Mr. LAU- participate in the funding of a portion million needed to build this lasting me- TENBERG, Mr. GORTON, Mr. AKAKA, and Mr. of this memorial, a relatively small KERREY, proposes an amendment numbered morial to the generation that con- 3189. portion that remains to be raised to quered tyranny in the 20th century. reach the goal. I asked Senator Dole to Mr. WARNER. Mr. President, I ask While the campaign is very close to the come today, which he did several hours unanimous consent that reading of the goal, we in the Congress now have an ago. We met. We reached concurrence amendment be dispensed with. opportunity to show our support and The PRESIDING OFFICER. Without on the following language, which I will add our shoulder to the wheel. objection, it is so ordered. address to the Senate. The site on The National Mall has This is becoming a campaign to build The amendment is as follows: been chosen, preliminary design ap- this memorial. It is all America. It is proved, and the intent is to break On page 613, after line 12, insert the fol- lowing: extraordinary. I was very heavily in- ground on Veterans Day weekend, this volved in the funding, the legislation SEC. 3403. DISPOSAL OF TITANIUM. November. Since the private sector is (a) DISPOSAL REQUIRED.—Subject to sub- and other aspects of the Vietnam Vet- generously donating the funds needed section (b), the President shall, by Sep- erans Memorial, spent 2 or 3 years be- to design, construct, and maintain the tember 30, 2010, dispose of 30,000 short tons of fore, in fact, or more working with the memorial—over $120 million as of titanium contained in the National Defense courageous group that envisioned that today—I believe it is appropriate for Stockpile so as to result in receipts to the magnificent memorial. I can remember Congress also to support the memorial United States in a total amount that is not when it was just a glimmer in our eyes, campaign. less than $180,000,000. the Vietnam Veterans Memorial. I The amendment I introduce tonight, (b) MINIMIZATION OF DISRUPTION AND think there were 10,000 different de- LOSS.—The President may not dispose of ti- together with my distinguished col- tanium under subsection (a) to the extent signs that came in. I remember going league from Michigan, Mr. LEVIN, will that the disposal will result in— out to Andrews Air Force Base where show the support of Congress for this (1) undue disruption of the usual markets all the designs for the Vietnam Vet- important project. Specifically, the of producers, processors, and consumers of erans Memorial were posted. We had a amendment provides for $6 million to titanium; or group of experts examine them. the American Battle Monuments Com- (2) avoidable loss to the United States. Finally, the experts came down on mission from the revenues of sale of ti- (c) TREATMENT OF RECEIPTS.—Notwith- the design which is the current wall. It tanium from the national defense standing section 9 of the Strategic and Crit- was designed by a young architectural ical Materials Stock Piling Act (50 U.S.C. stockpile—nonappropriated funds, Mr. 98h), funds received as a result of the dis- student or just a graduate, 21 years old. President. The $6 million should be posal of titanium under subsection (a) shall It was as if the hand of providence used to complete all necessary require- be applied as follows: $174,000,000 to defray reached down and touched those indi- ments for the design of, the costs of health care benefit improvement viduals who started that campaign, groundbreaking for, construction of, for retired military personnel; and $6,000,000 who saw it through at times when we maintenance of, and dedication of the for transfer to the American Battle Monu- didn’t have $5 in the bank and we World War II memorial. ments Commission for deposit in the fund es- worked to rescue it. Then this brilliant The Commission plans to complete tablished under section 2113 of title 36, woman, Maya Lin, created the design United States Code, for the World War II me- construction and dedicate the memo- morial authorized by section 1 of Public Law out of 10,000 submissions. So much for rial on Veterans Day, 2002. We cannot 103–32 (107 Stat. 90). that history. wait a moment longer to show our sup- (d) WORLD WAR II MEMORIAL.—(1) The I have a very modest association port for this project. It is astonishing amount transferred to the American Battle with Senator Dole and others who are that over 1,000 men and women each Monuments Commission under subsection (c) working on this, but I am happy to day who proudly wore the uniform, of shall be used to complete all necessary re- present this to the Senate tonight as that 16 million total, are passing on to quirements for the design of, ground break- America’s campaign. Citizens across their great rewards—1,000 a day who ing for, construction of, maintenance of, and our land, corporations, foundations, dedication of the World War II memorial. die. Now it is the hour for Congress to The Commission shall determine how the veterans groups, civic, fraternal, pro- act and put our shoulder to the wheel amount shall be apportioned among such fessional organizations and State legis- to give our expression, along with all purposes. latures, yes, indeed, State legislatures, other Americans, for this great project. (2) Any funds not necessary for the pur- have generously contributed to this I yield the floor. poses set forth in paragraph (1) shall be important cause. Hundreds of thou- The PRESIDING OFFICER. The Sen- transferred to and deposited in the general sands of individual Americans, young ator from Michigan is recognized. fund of the Treasury. and old, are rallying behind the oppor- Mr. LEVIN. Mr. President, I con- (e) RELATIONSHIP TO OTHER DISPOSAL AU- tunity to say thank you to a genera- gratulate and thank the Senator from THORITY.—The disposal authority provided in subsection (a) is new disposal authority and tion of Americans from the World War Virginia for his leadership in this mat- is in addition to, and shall not affect, any II generation. It is to the military men ter. This is a relatively small contribu- other disposal authority provided by law re- and women who wore the uniforms, but tion from the people, acting through garding materials in the National Defense I, as a young person who went into the its Congress. The private sector is Stockpile. service in January 1945, remember the funding 95 percent of this effort. This is Mr. WARNER. Mr. President, our be- war was raging, the Battle of the Bulge really symbolic almost, but it is an im- loved former colleague, former major- had not been completed yet. The cam- portant contribution. It symbolizes ity leader, Senator Dole, and others paign in Iwo Jima was about to start. where the heart of this institution, this have been very active in raising funds The whole of America was involved in Congress, is, and reflects where the to build a memorial to those who that war, whether you were in uniform American people are because they served in World War II. I have been in or whether you were on the home front. would, I think, applaud what the good

VerDate Mar 15 2010 22:45 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06JN0.REC S06JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 6, 2000 CONGRESSIONAL RECORD — SENATE S4555 Senator from Virginia is doing here to- something which people just put into Mr. LEVIN. I move to lay that mo- night, and I am happy to join. I thank the war effort, either scrapped or used tion on the table. him. He points out many things that I in some way. The motion to lay on the table was won’t amplify, given the hour, except This is a special tribute to those of agreed to. to say it is surely the right day today, our colleagues, including yourself, who Mr. WARNER. I thank my distin- this 56th anniversary of D-Day. were in World War II. I know you are guished colleague for joining me and When he talks about how the Amer- going to list them. But as this honor for his kind remarks about our col- ican people who participated in that ef- roll of heroes is read by the Senator leagues. fort are all being honored, surely first from Virginia, I think we are all going Mr. President, we have made some and foremost are our veterans, but all to stand very proud that we have so accomplishments today. The hour is 8 the American people who are behind many Members still in this body who o’clock, and we started promptly at them; it is such an important point for served in World War II and, of course, about 2:45. I thank all who participated all of us to remember. many who did serve in this body who in moving this. We have an order for I remember as a kid the minute, lit- served in World War II who are also tomorrow which lays out the work. tle contribution we kids were making, being honored. Senator Dole, of course, f going around the streets looking for is very much in the lead in this effort, MORNING BUSINESS wrappers that we could peel off the foil, but so many others came before us who put it together in a little ball of metal, are currently in this body who served. Mr. WARNER. Mr. President, I ask and then, with all the little balls of How many are there who served in unanimous consent that the Senate metal, put together a tank or an air- this body? proceed to a period of morning business plane. But first and foremost, obvi- Mr. WARNER. I have spoken to every with Senators permitted to speak up to ously, it is the veterans, those who one of them today. I will read their 10 minutes each. didn’t come back and those who did. names in the order of seniority of the The PRESIDING OFFICER. Without I thank the Senator from Virginia for Senate: Senator THURMOND, who objection, it is so ordered. doing this. I don’t know if he listed all crossed the beaches on D-Day. He did it f the cosponsors. in a glider, and it crashed, he was in- TRIBUTE TO THE RESERVE OFFI- Mr. WARNER. I was about to do that. jured, but he went on and took up his CERS ASSOCIATION OF THE It is so hard for the current generation duties despite that. Senator INOUYE is UNITED STATES ON THE OCCA- of people to remember that period. one of the most highly decorated Mem- SION OF THE 50TH ANNIVERSARY Both of us do. I happen to have been in bers of the Senate. The President up- OF THE ASSOCIATION’S CON- uniform. I remember where we had a graded his decoration from the Distin- GRESSIONAL CHARTER little book of stamps, savings bonds, guished Service Cross to the Medal of and you put your quarter stamps in. Honor; is that correct? Mr. THURMOND. Mr. President, it is You were rationing butter, meat, shoes Mr. LEVIN. That is correct. It will be with a great deal of professional pleas- and clothing. We never thought about presented in a ceremony this month at ure and personal pride that I rise today it. It was our way of backing the men the White House. That was something to honor an organization in which I am and women in uniform. I remember it Senator INOUYE was not even aware of a life member and served as the 21st was 3 gallons, I think, a week of gaso- until he read about it. national president nearly 50 years ago. line that you had. My father was a doc- Mr. WARNER. No. There is not a The organization of which I speak is tor, and I remember that doctors had more modest Member of the Senate. our neighbor across First Street, the an additional allocation of gasoline so Mr. LEVIN. So true. Reserve Officers Association of the they could make hospital calls and Mr. WARNER. What a great strength United States, though it is perhaps visit homes. It was just an extraor- he has been to national defense in the best known simply by its initials— dinary hour in America, the way there 22 years we have worked on this. ROA. The association was organized in was a total effort. FRITZ HOLLINGS was in the European 1922, at the instigation of General of Mr. LEVIN. All the way down to the campaign. Senator STEVENS was an Air the Armies John J. Pershing, who was kids. Corps pilot, before there was an Air then serving as the Army’s Chief of Mr. WARNER. Yes. I remember pick- Force; he flew in the Pacific. Senator Staff. Like many others who served in ing up little bits off the cigarette packs BILL ROTH was in the Army. Senator uniform in World War I, General Per- and the tin foil. HELMS was in the Navy. Senator MOY- shing was convinced that the war could Mr. LEVIN. We used to flatten cans. NIHAN was in the Navy, and he was have been significantly shortened or After we were done with a can of food, proud to call me Secretary of the Navy. avoided altogether if an adequate pool we would take off the other end that I was just a petty officer third class. of trained officers had existed at the hadn’t been opened, put it in a box, Senator LAUTENBERG served. Senator time. Taking his sentiments to heart, flatten the can, and carry in the boxes GORTON served in the Army right at 140 Reserve officers met at Washing- of tins. the end. Senator AKAKA served. I was a ton’s Willard Hotel and organized the Mr. WARNER. Mr. President, does young sailor, and we were trained dur- Reserve Officers Association. It was the Senator remember the collection of ing the invasion of Japan, and the war largely through the dedicated efforts of scrap metal? I will never forget it. In ended very precipitously. this voluntary organization and its those days, the Nation’s Capital, where Mr. LEVIN. Senator Bob KERREY also members that the United States estab- we lived, had great big trash trucks, wanted to be added as a cosponsor. lished its Officer Reserve Corps, which and the trucks ran overtime. They Mr. WARNER. Senator Robert was to supply the great majority of would come down the street, and peo- KERREY is a Medal of Honor winner. We America’s trained officers in the days ple would come out and put all kinds of will add him as a cosponsor. I ask leading up to World War II. It is appro- scrap metal in the trucks. I remember unanimous consent that they all be priate for the Senate to note that these the person who lived across from me made cosponsors, along with myself first ROA members were citizen-sol- came out with an armful of magnifi- and Senator LEVIN. diers who clearly saw the approaching cent guns—shotguns and rifles that be- The PRESIDING OFFICER. Without storm clouds. They pushed the nation longed to her husband—and the trash objection, it is so ordered. toward an unprecedented level of pre- guys looked at them and just threw Mr. WARNER. Mr. President, I urge war preparedness that arguably saved them in the truck. I don’t know that adoption of the amendment. lives and formed the very foundations those guns ever got to the scrap heap, The PRESIDING OFFICER. If there of the great victories of democracy but I remember that as if it were yes- is no further debate on the amendment, that were to follow. terday. the amendment is agreed to. With the end of the war, the ROA re- Mr. LEVIN. I saw letters of President The amendment (No. 3189) was agreed sumed its normal operations, raising Roosevelt the other day thanking peo- to. and maintaining the nation’s aware- ple for their donations—I think it was Mr. WARNER. Mr. President, I move ness of the role and contributions of its of telescopes; I am not sure. It was to reconsider the vote. military forces in the uneasy post-war

VerDate Mar 15 2010 22:45 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06JN0.REC S06JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4556 CONGRESSIONAL RECORD — SENATE June 6, 2000 world. It was in these tense days, in Officers Association of the United States salute General Ford and Mrs. June 1950, that the Congress granted States on the fiftieth anniversary of Ford and wish them well as they begin the ROA the formal charter that estab- the granting of its congressional char- a new chapter of their lives after mili- lished the association’s object and pur- ter. tary service. pose. That formulation was clear and f f direct, unambiguous and unequivocal: ROA was ‘‘to support a military policy TRIBUTE TO LIEUTENANT RECOGNITION OF CHANCELLOR for the United States that will provide GENERAL PHILLIP J. FORD, USAF ROBERT KHAYAT’S INDUCTION adequate national security and to pro- Mr. KERREY. Mr. President, I rise INTO THE MISSISSIPPI SPORTS mote the development and execution today to pay tribute to a life of service HALL OF FAME thereof.’’ devoted to defending the values and Mr. LOTT. Mr. President, I rise today For 50 years, the ROA has followed ideals of our nation. On July 1, 2000 the to congratulate my close friend, Robert that guidance, and taken the lead in country will lose to retirement its Dep- Khayat. On March 9, 2000, Chancellor rigorously advocating a strong and via- uty Commander in Chief of the United Khayat was inducted into the Mis- ble national defense posture for our na- States Strategic Command, Lieutenant sissippi Sports Hall of Fame. I want to tion. The ROA has worked to support General Phillip J. Ford, USAF. recognize Chancellor Khayat not just concepts that have strengthened our Through his leadership, General Ford because of his recent induction into ability to preserve our freedom and to has taken the United States and U.S. this prestigious group, but also for his advance our national interests across Strategic Command into a new world dedication to the State of Mississippi. the world. It worked to revitalize and environment. During his career, his Robert Khayat played college base- fund the Selective Service System, guidance and foresight helped see the ball and football at our mutual alma support our Cold War allies, and focus U.S. Military into the new millennium. mater, the University of Mississippi. the weight of public opinion in favor of Throughout a career that spans four Playing catcher for Ole Miss, he led the our national commitment during the decades, General Ford has commanded team to two consecutive SEC Baseball Gulf War and expanding NATO. It has the 8th Air Force, the 384th Bomb Championships. A two-time All SEC played a major role in persuading the Wing, and the 524th Bomb Squadron. As player, Bob Khayat earned three let- Congress to provide more than $15 bil- commander of the 384th at McConnell ters in his sophomore, junior, and sen- lion in critically needed equipment for Air Force Base, Kansas, he transformed ior years. our nation’s Reserve components. In and entire installation to bring in and During Bob Khayat’s college football addition, the ROA has also clearly un- support a new B–1 bomber wing. Gen- career he demonstrated a definitive derstood that not all ideas are good eral Ford has also served as com- leadership role. At the position of ideas. It successfully opposed efforts to mandant of the Air Command and Staff place-kicker, ‘‘Golden Toe,’’ as he was combine the Army Reserve and Na- College and held key staff positions at called, led the Rebels’ extraordinary tional Guard, and to disestablish the the Headquarters of the U.S. Air Force, football team to many a victory. His Coast Guard, and Air Force Reserves, Military Airlift Command, Air Mobil- name is forever in the University of as well as the Selective Service System ity Command and Strategic Air Com- Mississippi’s history books as one of and the commissioned officer corps of mand. the greatest place kickers to set foot the National Oceanic and Atmospheric As the nation’s top bomber com- on the Ole Miss campus. Coach John Administration. mander supporting the United States Vaught’s team secured many victories Mr. President, the ROA has, for the Central Command, General Ford di- because of Bob Khayat’s athletic abil- past 78 years, proven itself to be a rected an unprecedented global power ity. He was selected as the place-kicker strong and articulate voice in the halls strike against Iraq during Operation on the Ole Miss Team of the Century. of Congress and the corridors of gov- DESERT FOX. Despite tactical and After graduating from Ole Miss, Bob ernment for all our service members. It weapon system limitations, his bomb- Khayat played professional football for has lived up to its charter and sup- ers succeeded in retargeting their air the Washington Redskins. In his time ported the cause of national defense in launched cruise missiles while airborne with the Redskins he scored 204 points, seasons when it has not been popular to and en route to their targets. His tied the all-time Redskins record for do so. It has established an enviable forces delivered their weapons on time most field goals made in a single game, reputation for nonpartisan expertise and on target, guaranteeing mission and was voted into the Pro Bowl. In and even-handed advocacy, a reputa- success. recognition of his great achievements, tion that has grown and flourished as As Deputy Commander in Chief of the NFL presented Bob Khayat with defense issues have become ever more the United States Strategic Command, the 1998 Career Achievement Award for complex in these days of the Total and as a strong proponent of an endur- his accomplishments on and off the Force Policy. The ROA enjoys the con- ing, stable, strategic relationship with field. fidence of the Congress and of the De- Russia, General Ford championed the While performing in the NFL, Robert partment of Defense. Its successful leg- Defense Department’s cooperative Khayat pursued his law degree at the islative efforts have made it a valued threat reduction activities, to include University of Mississippi Law School. partner in the formulation and devel- military-to-military contacts. General opment of the annual defense bills and After graduating third in his class and in building broad, bipartisan support Ford’s historic military-to-military ex- earning his Juris Doctorate degree in for our men and women in uniform. changes with senior Russian nuclear 1966, Bob Khayat entered private prac- Over the years I have learned that seri- commanders built a legacy of respect, tice in Pascagoula, Mississippi. In 1969 ous debate on any issue dealing with mutual understanding and cooperation. he became a law professor at Ole Miss. our Reserve forces is not complete The general’s insight in planning and From 1980 to 1981, Bob Khayat took a until we have heard from the ROA. As evaluating the command’s communica- leave of absence to pursue a Masters of the number of members of Congress tion capabilities assured the nation Law degree, which he received from with personal military experience has that the communication between the Yale Law School. Returning to teach declined, the importance of ROA’s con- President, Secretary of Defense, Joint at Ole Miss Law School, he was pro- tribution to developing our military Chiefs and men and women at the helm moted to Associate Dean before serving policy has increased exponentially. The of ballistic missile submarines, inter- as Vice Chancellor for University Af- ROA has played and will continue to continental ballistic missiles and nu- fairs in 1984. In 1994 he served as in- play a crucial role in shaping the de- clear bombers remained intact despite terim athletic director before becom- bate over the appropriate roles and Y2K concerns. His efforts will have an ing the University of Mississippi’s 15th missions of our Armed Forces. The na- enduring, positive impact on strategic Chancellor. tion is most fortunate to have such an stability for many years to come. Chancellor Robert Khayat plays an asset to call upon. We should all be Lieutenant General Ford and his instrumental role for the State of Mis- grateful. wife, Kris leave the military after a sissippi. He is known for his tireless Mr. President, I urge all Senators to distinguished 34 year career serving leadership which he has exemplified as join me in congratulating the Reserve their nation. The people of the United a student, an athlete, a professor and

VerDate Mar 15 2010 22:45 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06JN0.REC S06JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 6, 2000 CONGRESSIONAL RECORD — SENATE S4557 finally as Chancellor of the University on as an eternal flame. I was deeply apy as one of its clinical trial sites. Ju- of Mississippi. Chancellor Khayat’s saddened to hear the news of his death. dith says that, within five weeks, she character is a tremendous asset to Ole Dr. Washington’s reputation for hard had less swelling in her fingers and she Miss. As a person, he is a role model for work and academic excellence set an had more energy. As she puts it, she is all who know him. example which will continue to inspire in ‘‘go mode.’’ I am happy to report Mr. President, on behalf of my fellow greatness in the men and women of that Judith has resumed writing, takes Mississippians, I would like to com- Mississippi. Such a reputation is the daily walks with her family without mend Chancellor Khayat for his leader- greatest tribute to a man’s life. His in- stopping at every street corner, and ship, his accomplishments, and his con- sight on predicting the needs of future truly believes that this treatment has tinued dedication to making our home students helped to mold Alcorn State changed her life. state a better place. While I am recog- University into one of Mississippi’s Judith is fortunate in that her insur- nizing Chancellor Khayat for his induc- great universities. ance plan covers the cost of Enbrel, tion into the Mississippi Sports Hall of Mr. President, Mississippians and with a small co-payment. Medicare, on Fame, his many talents and abilities Americans are grateful for Dr. Wash- the other hand, does not allow cov- distinguish him in countless other ington’s public service, and I commend erage of self-administered injectable areas as well. him for his leadership and accomplish- drugs. It covers only drugs that are ad- f ments. ministered in a physician’s office. That means that many Medicare bene- f IN MEMORY OF DR. WALTER ficiaries are going without treatment WASHINGTON ACCESS TO INNOVATION FOR because they can’t afford it them- Mr. LOTT. Mr. President, today I rise MEDICARE PATIENTS ACT selves, or that they are treated with a to remember an admirable person and a Ms. MIKULSKI. Mr. President, we therapy that is covered but may not be devoted educator, Dr. Walter Wash- are so fortunate to live in an era when the most appropriate or effective treat- ington. Dr. Washington served as a modern medical breakthroughs are an ment. That doesn’t make sense. I am classroom teacher, assistant principal, almost common occurrence. Every day very proud that most of the break- Dean of Utica Junior College, Presi- brings new research and insight into throughs in medicine today were in- dent of Utica Junior College for twelve the human body and diseases that, un- vented in the United States. But break- years, and served as President of fortunately, affect our friends, fami- throughs alone aren’t enough—I be- Alcorn State University from 1969 to lies, co-workers, and ourselves. For ex- lieve that every American ought to 1994. Dr. Washington retired as Presi- ample, there are several wonderful new have access to those breakthroughs. dent of Alcorn State University on therapies that help people with chronic Medicare patients are certainly no ex- June 30, 1994, and was subsequently diseases like rheumatoid arthritis, ception. named President Emeritus by the Mis- multiple sclerosis, and Hepatitis C live It is gratifying that this legislation sissippi Board of Trustees of State In- more active and pain-free lives. I am is supported by a broad range of stitutions of Higher Learning. proud to be an original co-sponsor of women, senior, minority, religious, During his tenure as both an educa- the Access to Innovation for Medicare rural, and health professional organiza- tor and administrator, Dr. Washington Patients Act (S. 2644), which would ex- tions like the Alliance for Aging Re- was a leader in the State of Mississippi tend Medicare coverage to new self-in- search, the American Public Health As- and throughout the country. He was a jected biological therapies for these sociation, the National Farmers Union, mentor to all who met him, and he set chronic diseases. the Older Women’s League (OWL), the a high standard for his successors. His One of the most important things I National Hispanic Council on Aging, impact on Mississippi was evident in do as a United States Senator is listen and more than a dozen other organiza- his work as a representative of the to the people and the stories of their tions. OWL, the only national member- state on several national commissions. lives. The story of one of my constitu- ship organization that works on the As a man of many talents, he served ents, Judith Levinson of Rockville, issues unique to midlife and older on the Advisory Council of the Na- Maryland, is a compelling example of women, has stressed the importance of tional Urban League’s Black Executive access to innovative medical treat- the power of these new therapies. Ju- Exchange Program and the U.S. Presi- ments for older women and urged Con- dith was diagnosed with rheumatoid dent’s Advisory Council on Historically gress to recognize that ‘‘73% of women arthritis (RA) when she was 40 years Black Colleges and Universities. In on Medicare have two or more concur- old. At first, her fingers and toes 1982, he was awarded the Outstanding rent chronic conditions, which often swelled up and sent sharp pains into Presidential Cluster Citation by Presi- lead to limitations in the activities of her arms and shoulders. Over the next dent Ronald Reagan. daily living and the need for long-term few years, she had multiple surgeries Dr. Washington was a member of sev- care. In order to improve the health of to place artificial knuckles in her fin- eral professional organizations, includ- women suffering with chronic diseases gers, to fuse her thumbs, and to replace ing Kappa Delta Phi, Phi Delta Kappa, . . . Congress should extend Medicare and Alpha Kappa Mu Honor Society. He both of her wrists with steel rods. Her coverage to self-administered inject- served as president of the Mississippi feet have also been affected. Judith had ables.’’ Teachers Association and held mem- six surgeries on her feet because bone Mr. President, we must ensure that bership in the Mississippi Association deterioration made walking very dif- Medicare beneficiaries have access to of Educators and the national Edu- ficult and painful. She now wears a size promising and innovative new thera- cation Association. 2 shoe because so much bone has been pies. This legislation will help thou- Dr. Washington married his college removed from her feet. Unfortunately, sands of people living with chronic con- sweetheart, the former Carolyn Carter, Judith’s suffering did not end with the ditions like RA, MS, and Hepatitis C in 1949. In addition to his devotion to surgeries. During recovery, her hands live better, happier, and more produc- his wife, he was involved in many com- had to be placed in cages in order to tive lives. I urge my colleagues to join munity organizations. Dr. Washington heal properly—which made her com- Senators GORTON, MURRAY, myself and received the Silver Beaver Award from pletely dependent on others for daily the other co-sponsors in supporting it. activities. On a scale of 1 to 10, Judith the Boy Scouts of America, the Distin- f guished Service Award and Distin- rated her daily pain as an 8. guished Alumni Award from Peabody In January of 1999, Judith’s doctor THE VERY BAD DEBT BOXSCORE College, and the Service to Humanity prescribed a new self-injectable drug Mr. HELMS. Mr. President, at the Award from Mississippi College. He was called Enbrel, which had just been ap- close of business yesterday, Monday, listed among Ebony’s 100 Most Influen- proved by the Food and Drug Adminis- June 5, 2000, the Federal debt stood at tial Black Americans in 1974, 1975, and tration (FDA) for the treatment of ad- $5,642,401,863,301.59 (Five trillion, six 1976, and was selected Mississippi Man- vanced RA. I am proud to add that the hundred forty-two billion, four hundred of-the-Year in Education in 1981. Johns Hopkins University’s Division of one million, eight hundred sixty-three Dr. Washington passed away on De- Rheumatology was instrumental in the thousand, three hundred one dollars cember 1, 1999, but his legacy will live development of this breakthrough ther- and fifty-nine cents).

VerDate Mar 15 2010 22:45 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06JN0.REC S06JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4558 CONGRESSIONAL RECORD — SENATE June 6, 2000 Five years ago, June 5, 1995, the Fed- oriented. When they saw me, one of them how disadvantaging the kids. But Ilene and I eral debt stood at $4,903,928,000,000 said, ‘‘Excuse me, are you the man who decided a long time ago to let our kids find (Four trillion, nine hundred three bil- unlocks the meeting room?’’ their way in this world without toting the I did an intellectual double-take and then, bag of race. They are lucky, of course, to lion, nine hundred twenty-eight mil- with my racial hackles rising, answered with have grown up after the great achievements lion). as much irritation as I could pack into my of the civil rights movement, which changed Ten years ago, June 5, 1990, the Fed- voice: ‘‘No, I’m not the man who unlocks the America’s heart as much as its laws. But we eral debt stood at $3,127,410,000,000 rooms.’’ have made sure that the central question for (Three trillion, one hundred twenty- The two men shrank back and I walked on, our children, since the moment they came seven billion, four hundred ten mil- fuming to myself about how racial profiling into this world, has always been who are lion). is practiced every day in subtle forms by you, not what are you. When we ignore ap- peals to group identity and focus instead on Fifteen years ago, June 5, 1985, the people who would otherwise piously condemn it in state troopers working the New Jersey individuals and their individual humanity, Federal debt stood at $1,776,269,000,000 Turnpike. As I stalked toward the garage, I we are inviting the principles of justice (One trillion, seven hundred seventy- didn’t feel uplifted by my righteous anger. present since the American founding to come six billion, two hundred sixty-nine mil- On the contrary, I felt crushed by it. It was inside our contemporary American homes. lion). a heavy burden, so heavy, in fact, that I I won’t pretend this is always easy. While Twenty-five years ago, June 5, 1975, stopped and stood there for a minute, sag- a senior at college, I fell in love with an ef- fervescent white woman named Ilene. When the Federal debt stood at ging under its weight. Then I tried to see myself through the eyes of the two old men Ilene’s parents first learned how serious we $522,954,000,000 (Five hundred twenty- were about each other, they reacted with dis- two billion, nine hundred fifty-four I’d just run into: someone who was black, yes, but more importantly, someone without may and spent long hours on the phone try- million) which reflects a debt increase luggage, striding purposefully out of the ele- ing to keep the relationship from developing further. Hoping for support from my own rel- of more than $5 trillion— vator as if on a mission, dressed in a semi- atives, I went home one weekend and told $5,119,447,863,301.59 (Five trillion, one uniform of blazer and gray slacks. hundred nineteen billion, four hundred I turned around and retraced my steps. Mom (the grandmother who had raised me) about Ilene. She was cold and negative. forty-seven million, eight hundred ‘‘What made you think I was the guy who unlocks the meeting rooms?’’ I asked when I ‘‘Why can’t you find yourself a nice colored sixty-three thousand, three hundred girl?’’ she blurted out. I walked out of the caught up with them. one dollars and fifty-nine cents) during ‘‘You were dressed a little like a hotel em- house and didn’t contact her for a long time the past 25 years. ployee, sir,’’ the one who had spoken earlier afterward. Ilene and I now felt secretive and embat- said in a genuinely deferential way. ‘‘Believe f tled. Marrying ‘‘outside your race’’ was no me, I meant no insult.’’ easy decision in 1962. I knew that Ilene had ADDITIONAL STATEMENTS ‘‘Well, I hope you’ll forgive me for being no qualms about challenging social norms, abrupt,’’ I said, and after a quick handshake but I was less sure that she could deal with I headed back to the garage, feeling im- A RETROSPECTIVE ON RACE exclusion by her family, which seemed to me mensely relieved. a real possibility. Nonetheless, she said yes ∑ Mr. GRAMM. Mr. President, I wish to If we are to lay this burden down for good, when I proposed, and we were married, with we must be committed to letting go of racial no family members present. share with my colleagues a moving classifications—not getting beyond race by autobiographical article written by I called Mom the day after and told her. taking race more into account, as Supreme She apologized for what she’d said earlier. Ward Connerly. Mr. Connerly’s intel- Court Justice Harry Blackmun disastrously Ilene’s parents were not so quick to alter ligence and personal experience with advised, but just getting beyond race period their position. For months, the lines of com- racism blend together into a truly in- as a foundation for public policy. munication were down. Sometimes I came sightful analysis and I encourage my Yet, I know that race is a scar in America. home from work and found Ilene sitting on colleagues to read about Mr. I first saw this scar at the beginning of my the couch crying. Connerly’s uniquely American story. life in the segregated South. Black people Finally her parents agreed to see her, but should not deny that this mark exists: it is not me. I drove her up to their house and Mr. President, I ask that the article part of our connection to America. But we waited in the car while she went in. As the which appeared in the June 2000 edition should also resist all of those, black and hours passed, I seethed. At one point I start- of The American Enterprise be printed white, who want to rip open that scar and ed the engine and took off, but I didn’t know in the RECORD. make race a raw and angry wound that con- the area and so, after circling the block, LAYING DOWN THE BURDEN OF RACE tinues to define and divide us. came back and parked again. When Ilene fi- Left to their own devices, I believe, Ameri- nally came out of the house, she just cried (By Ward Connerly) cans will eventually merge and melt into for nearly the entire return trip. Not long ago, after I’d given a speech in each other. Throughout our history, there Today, people would rush to hold Ilene’s Hartford, Connecticut, I saw a black man has been a constant intermingling of peo- parents guilty of racism. with a determined look on his face working ple—even during the long apartheid of seg- But even when I was smoldering with re- his way toward me through the crowd. I regation and Jim Crow. It is malicious as sentment, I knew it wasn’t that simple. steeled myself for another abrasive encoun- well as unreasonable not to acknowledge These were good people—hard working, seri- ter of the kind I’ve come to expect over the that in our own time the conditions for ous, upstanding. They were people, more- past few years. But once this man reached anger have diminished and the conditions for over, who had produced my wife, a person me he stuck out his hand and said thought- connection have improved. without a racist bone in her body. In a sense, fully, ‘‘You know, I was thinking about some We all know the compelling statistics I could sympathize with my new in-laws; of the things you said tonight. It occurred to about the improvements in black life: in- there were no blacks in their daily life, and me that black people have just got to learn creased social and vocational mobility, in- they lived in a small town where everyone to lay down the burden. It’s like we grew up creased personal prestige and political knew everything about everyone else. Our marriage was a leap nothing in her parents’ carrying a bag filled with heavy weights on power. But of all the positive data that have our shoulders. We just have to stop totin’ lives had prepared them to take. accumulated since the Civil Rights Act of But their reaction to me still rankled. that bag.’’ 1964—when America finally decided to leave After having to wait in the car that after- I agreed with him. I knew as he did exactly its racial past behind—the finding that gives noon I vowed never to go near their house what was in this bag: weakness and guilt, me most hope is the recent survey showing again. anger, and self-hatred. that nearly 90 percent of all teenagers in For a long time we didn’t see Ilene’s par- I have made a commitment not to tote ra- America report having at least one close per- ents. But we did see her Aunt Markeeta and cial grievances, because the status of victim sonal friend of another race. Uncle Glen. They were wonderful people. is so seductive and so available to anyone My wife Ilene is white. I have two racially Glen, dead now, was a salt-of-the-earth type with certain facial features or a certain cast mixed children and three grandchildren, two who worked in a sawmill, and Markeeta had to his skin. But laying down these burdens of whose bloodlines are even more mixed as a personality as piquant as her name. They can be tricky, as I was reminded not long a result of my son’s marriage to a woman of integrated us into their circle of friends, who after this Connecticut meeting. I had just half-Asian descent. So my own personal ex- became our friends too. In those healing checked into the St. Francis Hotel in San perience tells me that the passageway to days, we all functioned as an extended fam- Francisco to attend an annual dinner as that place where all racial division ends goes ily. master of ceremonies. After getting to my directly through the human heart. If I had to pick the moment when our fam- room, I realized that I’d left my briefcase in Not long ago, Mike Wallace came to Cali- ily problems began to resolve themselves if the car and started to go back to the hotel fornia to interview Ilene and me for a seg- would be the day our son Marc was born. parking garage for it. As I was getting off ment on ‘‘60 Minutes.’’ He seemed shocked Not long after, we were invited to come for the basement elevator, I ran into a couple of when I told him that race wasn’t a big topic a visit. This time I was included in the invi- elderly white men who seemed a little dis- in our family. He implied that we were some- tation. I remember sitting stiffly through

VerDate Mar 15 2010 22:45 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06JN0.REC S06JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 6, 2000 CONGRESSIONAL RECORD — SENATE S4559 the event, which had the tone of the recently by Army base. Because money was tight, she grandmother’s house that it has come to feel released film, Guess Who’s Coming to Dinner? moved the family to a less expensive neigh- like my own legitimate memory. I was supremely uncomfortable, but I also borhood, the predominantly black ‘‘Bartley He arrived there one afternoon with the sensed that the fever had broken. And in- Quarters.’’ two of us and with his girlfriend of the mo- deed, a peace process was in place. The visits The complexions of Mom’s own six children ment, a woman named Lucy. My Aunt Bert became more frequent. The frigid tolerance ranged from light to dark. (William, for in- was watering the lawn when he walked into gradually thawed into welcome. stance, was always known as ‘‘Red,’’ because the yard. There was no single dramatic moment that of this Indian look and coloring.) But what- ‘‘Is Miss Mary here?’’ my father asked. completed the reconciliation; no cathartic ever their exact coloration or facial charac- Bert said yes. conversation in which we all explored our teristics, they all had ‘‘colored’’ on their ‘‘Go get her,’’ he ordered. Bert went in to get Mom, who appeared on guilt and misconceptions. Instead, we just birth certificates. In Louisiana in those the porch wiping her hands on her apron. got on with our lives, nurturing the relation- days, being ‘‘colored’’ was not just a matter ‘‘I’m giving them back to you, Miss Mary,’’ ship that had been born along with my son. of blood; it was also a question of what Roy said, gesturing at my sobbing mother It grew faster than he did. Within a year we neighborhood you lived in and what people and at me, the miserable child in her arms. were on our way to becoming what we are you associated with. ‘‘Colored’’ is on my ‘‘I want to be with Lucy.’’ now—a close-knit, supportive family. Today, birth certificate. Always composed in a crisis, Mom looked my relationship with my in-laws could not The Sonieas’ race problem came not only at him without visible emotion and said, be better. I love them very much, and they from whites but from blacks too. Leesville’s ‘‘Thank you for bringing them.’’ let me know that the feeling is mutual. social boundaries were reasonably porous, A few days later he brought my red wagon The moral is clear. Distance exaggerates but if you were falling down through the over. Then Roy Connerly vanished from my difference and breeds mistrust; closeness cracks rather than moving up, as the life. breaks down suspicion and produces connec- Sonieas were doing after Eli died, you at- Later on I learned that Roy Connerly even- tion. My life so far tells me that our future tracted notice. My grandmother often re- tually got rid of Lucy and, at the age of 39, as a nation is with connection. called how her new neighbors in Bartley entered a relationship with a 15-year-old girl Most people call me a black man. In fact, Quarters called her and her children ‘‘high named Clementine and had a couple of kids I’m black in the same way that Tiger Woods yellers,’’ a term coined by white Southern by her. But nothing more than that for over and so many other Americans are black—by racists but used with equal venom by blacks 50 years. Then, just a couple of years ago, a the ‘‘one drop of blood’’ rule used by yester- too. In fact, Mom’s kids had so much trouble writer doing a profile on me for the New day’s segregationists and today’s racial that officials tried to convince them to York Times called one day. ideologues. In my case, the formula has more transfer out of the school to escape the ra- ‘‘Are you sitting down?’’ he asked melo- or less equal elements of French Canadian, cial animosity. This experience left some of dramatically. Choctaw, African, and Irish American. But my relatives with hard feelings that never I asked him what was up. He said that in just reciting the fractions provides no in- really went away. During the campaign for his research about my background he had sight about the richness of life produced by California’s Proposition 209, for instance, discovered that my father was still alive, 84 the sum of the parts. when I was being accused of selling out ‘‘my years old, and living in Leesville. The writer A journalist for the New York Times once people,’’ my Aunt Bert got annoyed one day gave me his phone number. described my bloodline as being right out of and said, ‘‘When we lived back in Leesville, I didn’t do anything about it for a long a Faulkner novel. He was right. And my fam- they didn’t want to be our ‘‘brothers and sis- time. Then, in the fall of 1998, I was invited ily was always trying to understand how the ters’; they didn’t own us as ‘their people’ to debate former Congressman William Gray strands of DNA dangling down through his- then; so why do they think we owe them at Tulane University in New Orleans. One of tory had created their individual selves. something now because of skin color? the things that made me accept was how They had their share of guilty secrets and My biological mother Grace, Bert’s little close it was to Leesville. But I didn’t actu- agonized over the consequences of bad blood, sister, was the youngest of Mom’s children. I ally decide to go there until after the speech. whatever its racial origin. But in their ac- wish I had more memories of her. I have only I came back to the hotel, rented a car, and tions, they, like Faulkner’s characters, one sharp image in my mind: a face resting got directions from the concierge. treated race and other presumed borders be- in satin in a casket. Old photographs show It was a four-hour drive in a dreary rain. I tween people as being permeable. my mother as a beautiful woman with a full, warned myself not to surrender to counter- I grew up with my mother’s people. My exotic face. But she wasn’t beautiful lying feit sentiment that would make a fool of maternal grand-father was Eli Soniea, a there with a waxy, preserved look, certainly both me and my father. I stopped on the outskirts of town and mixed-blood Cajun born in the tiny Lou- not to a terrified four-year-old dragged up to called from a convenience store. My father’s isiana town of Sulphur. He eventually set- the front of the church to pay his last re- wife Clementine answered. I told her who I tled in Leesville, not far from the Texas bor- spects. I still remember standing there look- was and asked if I could come by and see der, a sleepy town with hazy foothills ing at her with my cousin Ora holding my him. There were muffled voices on the other stretching behind it like a movie backdrop. hand to keep me from bolting as the pande- end of the line, then she came back on and Eli died ten years before I was born, and I monium of a Southern black funeral—women said that I should stay put and she’d send never knew him. But photographs of him yelling, crying, fainting, and lying palsied on someone out to lead me to the house. have always intrigued me. He was light the floor—rose to a crescendo all around me. A few minutes later, a couple of young men skinned, had straight black hair, and a seri- According to family legend, she died of a in a beat-up blue car came by and motioned ous look. I’ve been told he spoke a pidgin stroke. But I suspect that this claim was at me. I followed them down the main street French and English and was an ambitious really just my family’s way of explaining and over railroad tracks to a run-down man. He worked as a carpenter, sometimes away something infinitely more complex. neighborhood of narrow houses and potholed ran a construction gang, and amassed Two other facts about my mother’s life may roads without sidewalks. enough money to buy some land and build a have had something to do with her early We got out of the car and went into a tiny, restaurant and bar in Leesville, He was evi- passing. First, she had been in a serious car shuttered house whose living room was dently a no-nonsense type who didn’t like accident that left her with a steel plate in illumined only by a small television set. I in- anyone, especially his own kin, putting on her head. And secondly, she had been phys- troduced myself to Clementine, and we airs. ically abused by my father. talked about my father for a minute or two. Eli’s wife, my grandmother Mary Smith— I didn’t find this out until I was in my fif- She emphasized that the man I was about to or ‘‘Mom,’’ as I always called her—was half ties. The information accidentally escaped meet was very old, quite ill, and easily con- Irish and half Choctaw. This latter element during a conversation with my Aunt Bert, fused. was clearly evident in her high cheekbones who said, when the subject of my father When she led me into the bedroom, I saw and broad features, and in the bloom of her came up, ‘‘You know, your Uncle Arthur him, sunk down in the mattress, a bag of young womanhood she was sometimes re- once said, excuse the expression, ‘That son of bones. His hands and feet were gnarled and ferred to as an ‘‘Indian Princess.’’ Mom was a bitch once took out a gun and shot at knobby with arthritis, but in his face I saw born and raised in Texas. She married Eli me!’ ’’ Soniea as a result of an ‘‘arrangement’’ bro- my own reflection. I asked her why. I touched his arm: ‘‘How are you feeling kered by her parents, after which he brought ‘‘Because Arthur told your father that if he today?’’ her to Louisiana. ever beat your mother again he’d kill him, He looked up at me uncomprehendingly: In their early life together, the two of and your father got out a gun.’’ ‘‘All right.’’ them lived in that part of Leesville known as I guess Roy Connerly was what they called ‘‘You know who I am?’’ ‘‘Dago Quarters’’ because of the large num- a ‘‘fancy man’’ back then. Judging from his Seeing that he was lost in a fog, Clem- ber of Italian immigrants. After Eli’s early photos, he was quite handsome, with light entine said, ‘‘It’s Billy,’’ using my childhood death—when I was growing up you didn’t ask skin and a wicked smile, and a reputation as nickname. He looked at her, then at me. why or how someone died; the mere fact of it a gambler, a drinker, and a womanizer. He ‘‘Oh, Billy,’’ the voice was thin and waver- ended all discussion—Mary’s only income worked odd jobs, but it seems that his real ing. ‘‘How long you’re staying?’’ was from the restaurant and bar he had profession was chasing women. I’ve been told I told him I couldn’t stay long. built, which she leased to people who did so many times about the day he got tired of There was an awkward silence as I waited business with the servicemen from the near- me and my mother and turned us in at my for him to say something. But he just stared

VerDate Mar 15 2010 22:45 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06JN0.REC S06JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4560 CONGRESSIONAL RECORD — SENATE June 6, 2000 at me. We looked at each other for what recreational values that I believe make often comes at a very high price to the seemed like a very long time. Finally, a life- it an excellent candidate for federal law enforcement officers themselves. time’s worth of questions came tumbling designation as a national scenic byway. Last year, in the State of Michigan, out. Originally constructed in the 1700’s four officers were killed in the line of ‘‘Did you ever care how I was doing?’’ I and named Doe Run, the Kennett Pike asked him. duty. In the name of protecting our ‘‘No,’’ he replied uncertainly. maintains much of its original char- communities, and our families, they ‘‘Did you ever try and get in touch with acter, despite more than 200 years of left behind their own communities, and me?’’ steady development in the area. During their own families. ‘‘No,’’ he looked at me blankly. the Revolutionary War, General George As a tribute to these four officers, ‘‘Did you ever even care what happened to Washington and his troops were Mr. President, I would like to have me?’’ thought to have marched along the their names inserted into the CONGRES- ‘‘No.’’ road, and, during the Civil War, sol- At this point Clementine intervened: ‘‘I SIONAL RECORD: diers settled at Camp Brandywine, now don’t even think he knows what you’re ask- Officer Leslie (Les) Keely of the Flint ing.’’ the location of an intersection on the I stood there a moment, resigning myself Pike. Police Department, Trooper Frederick to the situation. I would never get an expla- Along its route, not only will you Hardy, Michigan State Police, Detroit nation for his absence from my life. Then Jo- find world renown tourist attractions, Post, Trooper Rick Lee Johnson, seph, one of the young men who’d guided me including Winterthur Museum, Hagley Michigan State Police, Paw Paw Post, to the house and who I now realized was my Museum and Longwood Gardens, but Officer Gary Priess, DeWitt Township half-brother, beckoned me out of the room. also historic villages, numerous inns, Police. In the hallway, he asked if I’d like to visit farms, parks and mills. Within the I do this not only on behalf of myself, some of my other relatives living nearby. I Kennett Pike Corridor, over 30 sites are said yes and he took me outside. We crossed but on behalf of all of my constituents, the street to a narrow house where an elder- already listed on the National Register as a symbol of our appreciation and our ly woman was waiting for us. Joseph intro- of Historic Places, with many more gratitude for the work that law en- duced her to me as my Aunt Ethel. She cor- sites in the corridor also eligible for forcement officers do every day dially invited us in. the historic designation. throughout the State of Michigan. Ethel had married my father’s brother and In addition to its historic and cul- While this is a small gesture, I hope it served as the family’s unofficial archivist tural relevance, the Kennett Pike has will hold some meaning to their fami- and historian. As we talked, she asked if I been designated a greenway by the lies and their fellow officers.∑ knew anything about my father’s family. I State of Delaware. A ride along the said no. Ethel showed me some photos. She Pike reveals a beautiful landscape of told me that his mother, born in 1890, was f named Fannie Self Conerly, and that they rolling hills, forests and a state park. The Kennett Pike is truly a gem spelled it with one n then. She said that TRIBUTE TO JOHN P. SPUTZ Fannie’s mother was Sarah Ford Lovely, among the ever increasingly populated who had died at the age of 98, when I was a suburban landscape of the middle At- ∑ Mr. LAUTENBERG. Mr. President, it boy. This woman, my great-grandmother, lantic region. is a distinct honor for me to pay trib- had been born a slave. In the Fall of 1999, the State of Dela- ute to John P. Sputz on the occasion of After I walked back to my father’s house ware received a grant from the Federal his retirement from BAE Systems and sat for a while beside him. I stood and Highway Administration, in the North America. said, ‘‘I’ve got to be going. You take care of amount of $140,000, to establish a state yourself.’’ scenic byways program. A roadway can Mr. President, for more than four ‘‘You too,’’ he said to me. ‘‘You ever com- decades, John has devoted his life to ing back this way again, Billy?’’ only be nominated for a national scenic I smiled and waved and left without an- byway designation after it has been serving this country’s defense needs. swering, and without asking him the one designated on the state level. Under John’s leadership, he and I question that was still on my mind: Did you It is my hope that the State will act worked together to further the efforts beat my mother like they say? Did you has- quickly and implement its scenic by- of the Link-16 program. This program, ten her death and thus deprive me of both of ways program, so I can continue my ef- which includes systems that use se- you? forts to see that Route 52, the Kennett cure, anti-jam, line-of-sight data radio On the drive back to New Orleans I Pike, is designated the first national communications, has moved from the thought about my discoveries—this sickly scenic byway in the State of Dela- research phase in 1971 to a major De- old man who was my life’s most intimate ∑ stranger; the fact that his blood and mine ware. fense Department program in the 1990s. had once been owned by another human f Thanks to John, this program is about to go into service for the Army, Navy being. I felt subtly altered, but still the A TRIBUTE TO LAW same. My father’s gift to me, if you could and Air Force as well as for our allies call it that, was a deeper realization that it ENFORCEMENT OFFICERS in NATO and elsewhere. is not the life we’re given that counts, but ∑ Mr. ABRAHAM. Mr. President, on John was also responsible for devel- the life we make of the life we’re given.∑ June 9, 2000, at the annual State Con- oping and expanding programs like the ference of the Fraternal Order of Police f F–22 advanced tactical fighter pro- in Lansing, Michigan, there will be a DELAWARE RT. 52—KENNETT PIKE, gram, the Joint Striker Fighter Pro- memorial service honoring seventy- NATIONAL SCENIC BYWAY DES- gram and the programmable digital four law enforcement officers who have IGNATION radio technologies that will one day re- died over the past year, four of whom place all legacy radios with cost-effec- ∑ Mr. BIDEN. Mr. President, I rise died in the line of duty. I rise today in tive and flexible communications sys- today to offer my continued endorse- their memory, and to thank them post- ment for the Federal Highway Admin- humously for their many courageous tems. istration’s National Scenic Byways efforts. Mr. President, John’s commitment to Program, and to express my support There is perhaps no greater sign of BAE Systems North America is unsur- for the Kennett Pike Preservation dedication to a community than risk- passed. Even after retiring, John will Committee’s efforts to seek both state ing one’s life to protect it. Law en- continue serving his company as Presi- and federal scenic byways designation forcement officers do this on a daily dent of MIDSCO, a multi-national joint for Route 52, the Kennett Pike, in New basis. They risk their lives to ensure venture company which helped manage Castle County, Delaware. that our streets and our neighborhoods the development of the MIDS Program. The National Scenic Byways Pro- are safe. We must not let ourselves for- I hope the example that John set will gram recognizes roadways that exhibit get the incredible dedication that these inspire BAE Systems North America to outstanding examples of scenic, his- men and women have to the people achieve even higher goals. I know I toric, recreational, cultural, archeo- they protect. Theirs should not be a speak for everyone who knows John logical or natural qualities along their thankless job. when I thank him for his dedication to routes. The Kennett Pike boasts a Mr. President, the comfort, the pro- our country and wish him the very best number of cultural, scenic, historic and tection, and the safety that we enjoy in the future.∑

VerDate Mar 15 2010 22:45 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06JN0.REC S06JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 6, 2000 CONGRESSIONAL RECORD — SENATE S4561 AMERICAN SPORTFISHING ASSO- Americans and to promote conserva- conservation at the local, national and CIATION LIFETIME ACHIEVE- tion through the Bass Pro Shops.∑ international levels. Beginning with MENT AWARD f the Peace Corps in 1971, Marc also served for nine years in a variety of po- ∑ Mr. ASHCROFT. Mr. President, I am A TRIBUTE TO LAW sitions with the Heritage Recreation pleased to recognize the winner of the ENFORCEMENT OFFICERS American Sportfishing Association’s and Conservation Service before join- ∑ Lifetime Achievement Award, Mr. Mr. ABRAHAM. Mr. President, on ing the National Park Service. He Johnny Morris, who is also a friend of June 9, 2000, at the annual State Con- quickly advanced to top management mine. This award is being given to ference of the Fraternal Order of Police jobs in four Parks including Golden Johnny today in recognition of his out- in Lansing, Michigan, there will be a Gate National Recreation Area, Point standing lifetime contribution to memorial service honoring 70 active Reyes National Seashore and Virgin Is- sportfishing. and associate members of the F.O.P. In lands National Park where he made Johnny Morris is the founder of Bass addition, four law enforcement officers substantial contributions to improving Pro Shops, which offers anglers and who gave the ultimate sacrifice, dying park facilities, protecting park re- sportsmen the same equipment that in the line of duty, will also be hon- sources and developing highly profes- the tournament professionals use. His ored. I rise today in their memory, and sional work forces. business has expanded from its original to thank them posthumously for their I came to know Marc in 1993 shortly store to include eight additional shops, many courageous efforts. after he came to Maryland from Virgin There is perhaps no greater sign of a catalog, a line of Bass Pro products Islands National Park. I had invited In- dedication to a community than risk- and a wholesale operation that supplies terior Secretary Bruce Babbitt to join ing one’s life to protect it. Law en- more than 7,000 independent sporting me on a tour of Assateague Island and forcement officers do this on a daily goods stores in the United States and to officially dedicate the Beach-to-Bay basis. They risk their lives to ensure several foreign countries. Indian Trail as a National Recreational that our streets and our neighborhoods Since 1970, Johnny has provided a Trail. Marc served as host and Master are safe. We must not let ourselves for- place for sportsmen, and the entire of Ceremonies for the visit and I was get the incredible dedication that these family, to outfit their outdoor and immediately impressed not only by his men and women have to the people sporting activities. Because of my love professionalism, but by the knowledge for the outdoors and fishing, the Bass they protect. Theirs should not be a and vision which he had for Assateague Pro Shops has long been one of my fa- thankless job. after such a short period on the job. vorite places in Springfield to visit. I Mr. President, the comfort, the pro- Over the past seven years, I have had am not alone. The Bass Pro Shops is tection, and the safety that we enjoy the opportunity and privilege to work one of Missouri’s top tourist sites, at- often comes at a very high price to the closely with Superintendent Koenings tracting over three and a half million law enforcement officers themselves. and members of his staff at Assateague visitors a year. Last year, in the State of Michigan, in efforts to restore the north end of In addition to outfitting anglers, four officers were killed in the line of the island, construct a new pedestrian/ Johnny donates ten percent of Bass duty. In the name of protecting our bicycle bridge, protect the seashore Pro Shops’ earnings to conservation ef- communities, and our families, they from encroaching development, and de- forts, which benefit fishing areas far left behind their own communities, and velop the new Coastal Ecology Teach- beyond Missouri’s borders. Johnny be- their own families. ing and Research Laboratory. I know lieves ‘‘the future of the sport and of As a tribute to these four officers, from personal experience that these our business depends more on conserva- Mr. President, I would like to have initiatives would not be taking place, tion and how we manage our natural their names inserted into the CONGRES- but for his persistent efforts, energy resources than absolutely anything SIONAL RECORD: Officer Leslie (Les) and innovation. In addition to these else.’’ To further that belief, Johnny is Keely of the Flint Police Department, projects, under Marc’s leadership, an outspoken supporter of not-for-prof- Trooper Frederick Hardy, Michigan Assateague’s barrier island visitors it and youth organizations that sup- State Police, Detroit Post, Trooper center was expanded and improved, a port or raise awareness of conservation Rick Lee Johnson, Michigan State Po- new Administrative facility was con- issues. Organizations such as the Mis- lice, Paw Paw Post, Officer Gary structed, and new partnerships were souri Beautification Association, which Priess, DeWitt Township Police. formed to develop water trails and pro- helps clean up trash along Missouri’s I do this not only on behalf of myself, mote other eco-tourism opportunities roadways and riverbanks, and ‘‘Oper- but on behalf of all of my constituents, in the area. ation Game Thief,’’ a program as a symbol of our appreciation and our launched to curb poaching in Missouri, gratitude for the work that law en- The efforts of Marc Koenings have benefitted from Johnny Morris’ forcement officers do every day throughout his career in the National support. In March 1998, the first ever throughout the State of Michigan. Park Service have had a lasting effect World’s Fishing Fair was hosted by While this is a small gesture, I hope it not only on the parks he has worked to Bass Pro Shops, and the proceeds were will hold some meaning to their fami- protect, but on the people with whom given to Missouri forests and fisheries. lies and their fellow officers.∑ he has come in contact. He has earned I personally have witnessed Johnny’s f the respect and admiration of his col- commitment to his community leagues in the Park Service as well as through the many educational events TRIBUTE TO MARC KOENINGS the visitors and citizens in the local which Bass Pro Shops hosts. Great Out- ∑ Mr. SARBANES. Mr. President, I rise communities surrounding the parks. It doors Day, for example, brings together today to pay tribute to an accom- is my firm conviction that public serv- families to learn more about hiking, plished and respected steward of our ice is one of the most honorable fishing, archery, shooting and con- National Park System, Marc Koenings, callings, one that demands the very servation through hands-on experience. Superintendent of Assateague Island best, most dedicated efforts of those He also hosts Kids’ Fishing Fun Day in National Seashore. Marc has recently who have the opportunity to serve Springfield, an event that brings thou- been selected to head Gateway Na- their fellow citizens and country. sands of young participants to a local tional Recreation Area in New York Throughout his career Marc Koenings pond to try their hand at sportfishing. and New Jersey and I want to wish him has exemplified a steadfast commit- His efforts show that individual initia- well with this important new assign- ment to meeting this demand. I want tive to preserve one’s local environ- ment and thank him for the terrific job to extend my personal congratulations ment for future generations is not only he did in managing Assateague over and thanks for his many years of hard responsible citizenship but just plain the past seven years. work and dedication to the principal good sense. Throughout his 29-year career in pub- conservation mission of the National I commend Johnny Morris both for lic service, Marc Koenings has distin- Park Service and join with his friends receiving this award and for his efforts guished himself as a leader in natural and coworkers in wishing him and his to enrich the fishing experience for all and cultural resource management and family well with his new endeavors.∑

VerDate Mar 15 2010 22:45 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06JN0.REC S06JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4562 CONGRESSIONAL RECORD — SENATE June 6, 2000 TRIBUTE TO KENTUCKY’S TOYOTA plan. Adults from both of the churches, the other 563 Smurfit facilities world MOTOR MANUFACTURING TEAM as well as the local community, pro- wide and defined themselves as being MEMBERS vide tutoring and role modeling for the able to increase productivity and re- ∑ Mr. MCCONNELL. Mr. President, I students. In addition to weekly one-on- duce operating costs while actually im- rise today to express congratulations one sessions, the mentoring plan also proving safety and the quality of pro- to all of the team members at the Toy- includes a toastmasters club, in which duction. ota assembly plant in Georgetown, students practice speaking in front of These accomplishments were worker Kentucky, on being recognized by J.D. audiences, and a great books program, driven and accompanied a 20% reduc- Power and Associates for the high which introduces students to famous tion of OSHA incidents last year. Some quality of vehicles which they have books and authors. times efficiency comes at the expense produced. In its ten years, the program has ex- of safety or environmental responsi- It is my understanding that the perienced continual expansion, as addi- bility. This is not the case at the Mis- Georgetown assembly plant is the only tional activities have been added for soula plant. In addition to reducing in- plant in North America to win this the students. There is an awards dinner juries, the plant was able to increase award this year. Moreover, I under- each year at Second Grace to recognize paper efficiency while reducing waste, stand that all of the cars produced at students who have attained high levels energy consumption and maintenance the Georgetown plant have been of academic achievement. Christmas costs. While Montana’s wood products ranked best in their category in this and Easter parties are held each year, industry relies on renewable natural year’s J.D. Power and Associates sur- as well as the Dixon School Spring resources, we are keenly aware that vey of the best cars and trucks. Not Cleanup and Flower Planting Day. these resources must be conserved and only is it an outstanding achievement Church members also participate in used responsibly. Smurfit-Stone con- to be chosen by J.D. Power—whose school functions, including career day tainer consistently looks for ways to rankings are widely considered to be and musical programs. Finally, what make the fiber available to them go as the industry standard for new car qual- began as a summer field trip has far as possible. It makes sense from ity—to receive a Gold Plant Quality evolved into monthly Saturday field both a business and an environmental Award in recognition of outstanding trips for the mentors and their pupils. standpoint, and it is a goal that makes vehicle quality, but to receive this Mr. President, the partners are them one of the top employers in Mon- honor for the fourth time in ten years pleased with how the Adopt-a-School tana. As I mentioned, Montana has been is a truly remarkable accomplishment. Program has developed in the last ten hit extremely hard by federal restric- I commend you and all of your hard years. The program has touched the tions on the wood products industry. work in earning this award. lives of over 300 students at Dixon Ele- As a result we have lost 17 mills in News of the announcement by J.D. mentary School, and there is no meas- Montana over the last decade. These Power of the Georgetown plant’s award ure for success like that. The partners mills provided jobs for thousands of follows closely on the announcement look forward to its continued develop- families and numerous communities. by Toyota that the company hit a ment in the coming years. In addition, While times are extremely tough, Mon- milestone with a record-breaking pro- efforts will be made by the two church- tanans involved in the industry still duction of 1 million vehicles in North es, along with Dixon Elementary take great pride in what they do. This America. A significant amount of the School, to develop a training program is reflected in the honor recently be- credit for this accomplishment, too, to share the Adopt-a-School program stowed on the Missoula Smurfit-Stone belongs to the hard-working folks at with other faith-based communities in- Container paper mill. Clearly, this mill the Georgetown facility, and I want to terested in serving our children in deserves recognition not only by their congratulate you on this achievement, urban schools. Mr. President, I applaud the efforts parent group, but by Congress as well.∑ as well. of the many people whose hard work I am proud of the relationship be- f over the last ten years has made this tween Toyota Motor Manufacturing birthday celebration possible. Each NATIONAL ASSOCIATION OF and the Commonwealth of Kentucky. year, when the partners renew their WOMEN BUSINESS OWNERS Since Kentucky made its original in- commitment to this program, it is a GREATER DETROIT CHAPTER vestment in Toyota in 1986, the state testament to the bridges that can be CELEBRATES ITS 20TH ANNIVER- has realized a 36.8 percent annual rate built when people simply reach out to SARY of return, and has benefited greatly one another. On behalf of the entire ∑ Mr. ABRAHAM. Mr. President, I rise from the more than $5 billion which United States Senate, I would like to today to recognize the National Asso- Toyota has invested statewide. Most of wish the Adopt-a-School Program a ciation of Women Business Owners all, though, I am proud of the work happy 10th Anniversary, and continued Greater Detroit Chapter, which tonight being done by the Kentuckians who success in the future.∑ will celebrate its 20th Anniversary. work at the Toyota plant. On behalf of f Since 1980, members of the Greater De- myself and my colleagues in the United troit Chapter have maintained their States Senate, congratulations again SMURFIT-STONE CONTAINER’S commitment not only to helping fellow ∑ on your significant achievement. MISSOULA MILL NAMED PLANT women business owners throughout f OF THE YEAR Michigan, but also to helping the com- ∑ Mr. BURNS. Mr. President, I rise munities in which these businesses re- 10TH ANNIVERSARY OF THE today to bring your attention to the side. ADOPT-A-SCHOOL PROGRAM fact that the Smurfit-Stone Container In its twenty years, the Greater De- ∑ Mr. ABRAHAM. Mr. President, in Plant in Missoula, Montana has re- troit Chapter, originally the Michigan May of 1990, the Second Grace United ceived the Jefferson Smurfit Group Chapter, has done much to publicize Methodist Church of Detroit and the Worldwide Award as plant of the year. the efforts of women business owners, First United Methodist Church of As you know, Montana’s wood prod- and to create alliances between women Northville collaborated to ‘‘adopt’’ a ucts industry has been hit extremely business owners in the State of Michi- Detroit Public School, Dixon Elemen- hard with federal regulation and the gan. In 1982, chapter members orga- tary School. On June 16, 2000, the two lack of available federal fiber to keep nized the first statewide conference for churches, one metropolitan and one our mills running. Despite these hard- women business owners, during which suburban, will celebrate the tenth an- ships, our mill workers and managers awards were given to women business niversary not only of the Adopt-a- continue to take great pride in their owners in the following categories: Pio- School Program, but also of their work and continue to do the best with neer, Innovator, Dedication to Women unique relationship. I rise today to the hand they have been dealt. Business Owners and Community Serv- commemorate this occasion. The result is that Missoula’s ice. The primary emphasis of the Adopt- Smurfit-Stone Container employees In bringing women business owners a-School Program is the mentoring have ensured that their mill rose above together from throughout the state,

VerDate Mar 15 2010 22:45 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06JN0.REC S06JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 6, 2000 CONGRESSIONAL RECORD — SENATE S4563 the chapter makes it easier for mem- Washington. Earlier this week, I co- of China in response to the illegal sale, bers to work together on a local level. sponsored Senate Resolution 311, a res- transfer, or misuse of certain controlled In 1994, NAWBO North, a networking olution urging the President to adopt a goods, services, or technology, and for other purposes. group of Northern Oakland County policy in support of the five percent H.R. 3244. An act to combat trafficking of members, was formed. In the years federal procurement goal, and to en- persons, especially into the sex trade, slav- since, following the successful model of courage the heads of the federal depart- ery, and slavery-like conditions in the NAWBO North, satellites have been es- ments and agencies to undertake a con- United States and countries around the tablished in Plymouth, Detroit, Ster- certed effort to meet this five percent world through prevention, through prosecu- ling Heights, Brighton, Southfield and goal before the end of the fiscal year tion and enforcement against traffickers, Ann Arbor. Involvement in a satellite 2000. I strongly hope that this action on and through protection and assistance to victims of trafficking. allows chapter members to work with my part and the part of my colleagues one another to benefit the community. will lead to an increased procurement f Currently, 89 percent of chapter mem- for women owned businesses this fiscal EXECUTIVE AND OTHER bers donate money to charities, 76 per- year. COMMUNICATIONS cent volunteer their time to local orga- Mr. President, I applaud the many The following communications were nizations, 65 percent serve on local members of the National Association of laid before the Senate, together with boards, and 61 percent mentor other Women Business Owners Greater De- accompanying papers, reports, and doc- women. troit Chapter on the great work they uments, which were referred as indi- The Greater Detroit Chapter of the are doing for women business owners cated: NAWBO has also established many pro- throughout the State of Michigan. I EC–9119. A communication from the Okla- grams to assist women owned busi- feel that there is much more we can do homa City National Memorial Trust trans- nesses. In 1990, the Greater Detroit here in Washington to support them, mitting, pursuant to law, the report of a Chapter helped to launch the EXCELI and I hope that changes will be made, final rule entitled ‘‘Rules and Regulations (The Initiative for Entrepreneurial Ex- and followed through upon, in this re- for Oklahoma City National Memorial’’, re- cellence) Project in Detroit, along with gard. On behalf of the entire United ceived May 22, 2000; to the Committee on En- ergy and Natural Resources. corporate partner Deloitte and Touche, States Senate, I wish the greater De- EC–9120. A communication from the Office the Small Business Administration, troit Chapter a happy 20th Anniver- of Surface Mining, Department of the Inte- NAWBO’s National Foundation and the sary, and continued success in the fu- rior, transmitting, pursuant to law, the re- YWCA. In 1994, the chapter took over ture.∑ port of a rule entitled ‘‘Indiana Regulatory Program’’ (SPATS No. IN–147–FOR), received sole responsibility of this program. f In 1993, Huntington Banks of Michi- May 23, 2000; to the Committee on Energy gan entered into a partnership with the MESSAGES FROM THE PRESIDENT and Natural Resources. EC–9121. A communication from the Office chapter to offer market-rate financing Messages from the President of the of Surface Mining, Department of the Inte- to chapter member companies through United States were communicated to rior, transmitting, pursuant to law, the re- a special lending process for service the Senate by Ms. Evans, one of his port of a rule entitled ‘‘Oklahoma Regu- businesses. And in June of 1996, secretaries. latory Program’’ (SPATS No. OK–027–FOR), received May 23, 2000; to the Committee on Comerica Bank announced its Power EXECUTIVE MESSAGES REFERRED Perks Program, in which ideas, re- Energy and Natural Resources. As in executive session the Presiding EC–9122. A communication from the Bu- sources, and benefits are provided ex- Officer laid before the Senate messages reau of Export Administration, Department clusively to NAWBO members. Over from the President of the United of Commerce, transmitting, pursuant to law, the next two years, Comerica invested States submitting a withdrawal and the report of a final rule entitled ‘‘Revisions approximately $10 million in the pro- sundry nominations which were re- and Clarifications to the Export Administra- gram. ferred to the appropriate committees. tion Regulations; Commerce Control List’’ Mr. President, women-owned small (RIN0694–AB86), received May 22, 2000; to the (The nominations received today are businesses are the fastest growing seg- Committee on Banking, Housing, and Urban printed at the end of the Senate pro- ment of the business community. By Affairs. ceedings.) EC–9123. A communication from the Legis- the year 2010, they will make up more lative and Regulatory Activities Division, f than one-half of all businesses in the Office of the Comptroller of the Currency United States. Traveling through the MESSAGES FROM THE HOUSE transmitting, pursuant to law, the report of State of Michigan I know that women RECEIVED ON MAY 30, 2000 a final rule entitled ‘‘Privacy of Consumer business owners are working very hard Financial Information’’ (RIN1557–AB77), re- ENROLLED BILLS SIGNED to be successful. The twentieth anni- ceived May 22, 2000; to the Committee on versary of the National Association of A message from the House of Rep- Banking, Housing, and Urban Affairs. resentatives, delivered during the ad- EC–9124. A communication from the Agri- Women Business Owners Greater De- cultural Marketing Service, Fruit and Vege- troit Chapter is certainly evidence of journment of the Senate, announced that the Speaker has signed the fol- table Programs, Department of Agriculture this. transmitting, pursuant to law, the report of And this incredible growth has been lowing enrolled bills: a rule entitled ‘‘Milk in the New England accomplished in spite of some dis- H.R. 4489. An act to amend section 110 of and Other Marketing Areas; Order Amending advantages. For example, it is clear the Illegal Immigration Reform and Immi- the Orders; Correction’’ (Docket Number that the federal government does not grant Responsibility Act of 1996, and for DA–97–12), received May 22, 2000; to the Com- other purposes. mittee on Agriculture, Nutrition, and For- do business with a representative per- H.R. 3293. An act to amend the law that au- estry. centage of women-owned businesses. thorized the Vietnam Veterans Memorial to EC–9125. A communication from the Agri- This issue was brought to my attention authorize the placement within the site of cultural Marketing Service, Fruit and Vege- by NAWBO members at a Small Busi- the memorial of a plaque to honor those table Programs, Department of Agriculture ness Committee meeting I held last Au- Vietnam veterans who died after their serv- transmitting, pursuant to law, the report of gust in Troy, Michigan. ice in the Vietnam war, but as a direct result a rule entitled ‘‘Marketing Order Regulating Mr. President, in 1994, the Federal of that service. the Handling of Spearmint Oil Produced in The enrolled bills were signed subse- the Far West; Revision of the Salable Quan- Acquisition Streamlining Act estab- tity and Allotment Percentage for Class 3 lished a modest five percent goal of quently by the President pro tempore (Native) Spearmint Oil for the 1999–2000 Mar- federal procurement dollars for women- (Mr. THURMOND). keting Year’’ (Docket Number FV00–985–3 owned businesses. Last year, though, f FIR), received May 22, 2000; to the Com- women-owned businesses received only mittee on Agriculture, Nutrition, and For- 2.4 percent of the total dollar value of MEASURES PLACED ON THE estry. all prime federal contracts. CALENDAR EC–9126. A communication from the Office of Regulatory Management and Information, Mr. President, these standards have The following bills were read the sec- Office of Policy, Planning and Evaluation, to change. There are too many women ond time, and placed on the calendar: Environmental Protection Agency, transmit- in this nation working too hard, only S. 2645. A bill to provide for the application ting, pursuant to law, the report of a rule en- to not find the proper support from of certain measures to the People’s Republic titled ‘‘Tebufenozide; Benzoic Acid, 3,5-

VerDate Mar 15 2010 22:45 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06JN0.REC S06JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4564 CONGRESSIONAL RECORD — SENATE June 6, 2000 dimethyl1 - (1,1 ,-dimethylethyl) -2 - (4- Office of Policy, Planning and Evaluation, and TRICARE; to extend the TRICARE Sen- ethylbenzoyl) hydrazide; Pesticide Toler- Environmental Protection Agency, transmit- ior Prime demonstration program in con- ance’’ (FRL # 6555–1), received May 19, 2000; ting, pursuant to law, the report of a final junction with the extension of eligibility to the Committee on Agriculture, Nutrition, rule entitled ‘‘Approval and Promulgation of under CHAMPUS and TRICARE to such per- and Forestry. Implementation Plans; Oregon’’ (FRL # 6601– sons, and for other purposes; to the Com- EC–9127. A communication from the Office 1), received May 22, 2000; to the Committee mittee on Armed Services. of Regulatory Management and Information, on Environment and Public Works. By Mr. THOMAS: Office of Policy, Planning and Evaluation, EC–9135. A communication from the Fed- S. 2670. A bill to amend chapter 8 of title 5, Environmental Protection Agency, transmit- eral Trade Commission transmitting a report United States Code, to require major rules of ting, pursuant to law, the report of a final entitled ‘‘Privacy Online: Fair Information agencies to be approved by Congress in order rule entitled ‘‘Approval and Promulgation of Practices in the Electronic Marketplace’’; to to take effect, and for other purposes; to the Air Quality Implementation Plans; Colorado; the Committee on Commerce, Science, and Committee on Governmental Affairs. Designation of Areas for Air Quality Plan- Transportation. By Mr. ASHCROFT: ning Purposes, Canon City’’ (FRL # 6706–5), EC–9136. A communication from the Fed- S. 2671. A bill to amend the Internal Rev- received May 23, 2000; to the Committee on eral Aviation Administration, Department of enue Code of 1986 to promote pension oppor- Environment and Public Works. Transportation, transmitting, pursuant to tunities for women, and for other purposes; EC–9128. A communication from the Office law, the report of a rule entitled ‘‘Standard to the Committee on Finance. of Regulatory Management and Information, Instrument Approach Procedures; Miscella- By Mrs. FEINSTEIN: S. 2672. A bill to provide for the convey- Office of Policy, Planning and Evaluation, neous Amendments (44); Amdt. No. 1989 (5–4/ ance of various reclamation projects to local Environmental Protection Agency, transmit- 5–18)’’ (RIN2120–AA65) (2000–0027), received water authorities; to the Committee on En- ting, pursuant to law, the report of a final May 18, 2000; to the Committee on Com- ergy and Natural Resources. rule entitled ‘‘Approval and Promulgation of merce, Science, and Transportation. Implementation Plans; California State Im- By Mr. REID: EC–9137. A communication from the Fed- S. 2673. A bill to direct the Secretary of the plementation Plan Revision, Bay Area Air eral Aviation Administration, Department of Quality Management District, South Coast Interior to convey certain land to Eureka Transportation, transmitting, pursuant to County, Nevada, for continued use as ceme- Air Quality Management District, San Diego law, the report of a rule entitled ‘‘Standard County Air Pollution Control District, and teries; to the Committee on Energy and Nat- Instrument Approach Procedures; Miscella- ural Resources. Monterey Bay Unified Air Pollution Control neous Amendments (127); Amdt. No. 1990 (5–4/ By Mr. VOINOVICH (for himself and District’’ (FRL # 6585–9), received May 23, 5–18)’’ (RIN2120–AA65) (2000–0026), received Mr. DEWINE): 2000; to the Committee on Environment and May 18, 2000; to the Committee on Com- S. 2674. A bill to amend title 5, United Public Works. merce, Science, and Transportation. States Code to provide for realignment of the EC–9129. A communication from the Office EC–9138. A communication from the Fed- Department of Defense workforce; to the of Regulatory Management and Information, eral Aviation Administration, Department of Committee on Governmental Affairs. Office of Policy, Planning and Evaluation, Transportation, transmitting, pursuant to By Ms. SNOWE (for herself and Ms. MI- Environmental Protection Agency, transmit- law, the report of a rule entitled ‘‘Standard KULSKI): ting, pursuant to law, the report of a final Instrument Approach Procedures; Miscella- S. 2675. A bill to establish an Office on rule entitled ‘‘National Emission Standards neous Amendments (87); Amdt. No. 1992 (5–18/ Women’s Health within the Department of for Hazardous Air Pollutants for Source Cat- 5–22)’’ (RIN2120–AA65) (2000–0028), received Health and Human Services; to the Com- egories’’ (FRL # 6706–1), received May 23, May 18, 2000; to the Committee on Com- mittee on Health, Education, Labor, and 2000; to the Committee on Environment and merce, Science, and Transportation. Pensions. Public Works. EC–9139. A communication from the Fed- By Mr. HUTCHINSON (for himself, Mr. EC–9130. A communication from the Office eral Aviation Administration, Department of GREGG, Mr. ENZI, Mr. HAGEL, Mr. of Regulatory Management and Information, Transportation, transmitting, pursuant to SESSIONS, Mrs. HUTCHISON, Mr. KYL, Office of Policy, Planning and Evaluation, law, the report of a rule entitled ‘‘Prohibi- Mr. NICKLES, Mr. HELMS, Mr. ALLARD, Environmental Protection Agency, transmit- tion Against Certain Flights Within the Ter- Mr. SMITH of New Hampshire, and ting, pursuant to law, the report of a final ritory and Airspace of Ethiopia; Docket No. Mr. INHOFE): rule entitled ‘‘National Emission Standards 2000–7340 (5–16/5–18)’’ (RIN2120–AH01), received S. 2676. A bill to amend the National Labor for Hazardous Air Pollutants for Source Cat- May 18, 2000; to the Committee on Com- Relations Act to provide for inflation adjust- egories’’ (FRL # 6706–2), received May 23, merce, Science, and Transportation. ments to the mandatory jurisdiction thresh- 2000; to the Committee on Environment and EC–9140. A communication from the Fed- olds of the National Labor Relations Board; Public Works. eral Aviation Administration, Department of to the Committee on Health, Education, EC–9131. A communication from the Office Transportation, transmitting, pursuant to Labor, and Pensions. of Regulatory Management and Information, law, the report of a rule entitled ‘‘Revision By Mr. FRIST (for himself, Mr. FEIN- Office of Policy, Planning and Evaluation, to the Legal Description of the Hayward Air GOLD, and Mr. HELMS): Environmental Protection Agency, transmit- Termination Class D Airspace Area, CA; S. 2677. A bill to restrict assistance until ting, pursuant to law, the report of a final Docket No. 00–AWP–4 (5–2/5–22)’’ (RIN2120– certain conditions are satisfied and to sup- rule entitled ‘‘Approval and Promulgation of AA66) (2000–0115), received May 22, 2000; to port democratic and economic transition in State Air Quality Plans for Designated Fa- the Committee on Commerce, Science, and Zimbabwe; to the Committee on Foreign Re- cilities and Pollutants; Allegheny County, Transportation. lations. Pennsylvania; Control of Emissions from Ex- By Mr. BRYAN (for himself, Mr. MUR- isting Hospital/Medical/Infectious Waste In- f KOWSKI, Mr. REID, and Mr. ALLARD): cinerators; Correction’’ (FRL # 6705–7), re- REPORTS OF COMMITTEES S. 2678. A bill to amend the Internal Rev- ceived May 22, 2000; to the Committee on En- enue Code of 1986 to treat gold, silver, and vironment and Public Works. The following reports of committees platinum, in either coin or bar, in the same EC–9132. A communication from the Office were submitted: manner as stocks and bonds for purposes of of Regulatory Management and Information, By. Mr. CAMPBELL, from the Committee the maximum capital gain rate for individ- Office of Policy, Planning and Evaluation, on Indian Affairs, with an amendment in the uals; to the Committee on Finance. Environmental Protection Agency, transmit- nature of a substitute and an amendment to By Mr. DASCHLE (for Mr. BREAUX): ting, pursuant to law, the report of a final the title: S. 2679. A bill to suspend temporarily the rule entitled ‘‘Approval and Promulgation of duty on stainless steel rail car body shells; S. 1507: A bill to authorize the integration Implementation Plans; Ohio; Designation of to the Committee on Finance. and consolidation of alcohol and substance Areas for Air Quality Planning Purposes, By Mrs. HUTCHISON: programs and services provided by Indian Ohio’’ (FRL # 6701–8), received May 22, 2000; S. 2680. A bill to authorize such sums as tribal governments, and for other purposes to the Committee on Environment and Pub- may be necessary for a Balkan Stabilization (Rept. No. 106–306). lic Works. Conference as convened by the United States EC–9133. A communication from the Office f and to express the sense of Congress that the of Regulatory Management and Information, president should convene such a conference Office of Policy, Planning and Evaluation, INTRODUCTION OF BILLS AND to consider all outstanding issues related to Environmental Protection Agency, transmit- JOINT RESOLUTIONS the execution of the Dayton Accords and the ting, pursuant to law, the report of a final The following bills and joint resolu- peace agreement with Serbia that ended Op- rule entitled ‘‘Removal of the Maximum tions were introduced, read the first eration Allied Force; to the Committee on Contaminant Level Goal for Chloroform and second times by unanimous con- Foreign Relations. from the National Primary Drinking Water By Mr. DASCHLE (for Mr. BREAUX): Regulations’’ (FRL # 6705–4), received May sent, and referred as indicated: S. 2681. A bill to suspend temporarily the 22, 2000; to the Committee on Environment By Mr. WARNER: duty on stainless steel rail care body shells; and Public Works. S. 2669. A bill to amend title 10, United to the Committee on Finance. EC–9134. A communication from the Office States Code, to extend to persons over age 64 By Mr. BIDEN (for himself and Mrs. of Regulatory Management and Information, eligibility for medical care under CHAMPUS BOXER):

VerDate Mar 15 2010 22:45 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06JN0.REC S06JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 6, 2000 CONGRESSIONAL RECORD — SENATE S4565 S. 2682. A bill to authorize the Broad- I have gone back and carefully exam- strengthen its ability to serve all retir- casting Board of Governors to make avail- ined these issues. There is no statutory ees. This bill eliminates the confusing able to the Institute for Medial Development foundation providing for entitlement and ineffective transfer of funds from certain materials of the Voice of America; to to military health care benefits. It does Medicare to the Department of De- the Committee on Foreign Relations. By Ms. SNOWE: not exist. It is a myth. But good faith fense. Military retirees will not be re- S. 2683. A bill to deauthorize a portion of representation was made to these quired to pay the high cost of addi- the project for navigation, Kennebunk River, members. Who made the commitment tional basic or supplemental insurance Maine; to the Committee on Environment is irrelevant. I know personally that premiums to ensure their health care and Public Works. these representations were made. I needs are met. Military readiness will By Ms. SNOWE: served in the military and heard the not be adversely impacted and our S. 2684. A bill to redesignate and reauthor- same promises. commitment to those who served a full ize as anchorage certain portions of the My Committee has made a deter- career will be fulfilled. project for navigation, Narraguagus River, mination, a bipartisan decision, that In order to permit the Department of Milbridge, Maine; to the Committee on Envi- ronment and Public Works. we would fix the issue of health care Defense to plan for restoring the health By Mr. THURMOND: for our older retirees, this year. We care benefit to all retirees, my bill S.J. Res. 46. A joint resolution commemo- have started with a series of bills, would be effective on October 1, 2001. rating the 225th Birthday of the United strengthening them as we went along, While some may advocate an earlier ef- States Army; to the Committee on the Judi- listening to those beneficiaries who use fective date, it is simply not feasible to ciary. the system. The legislation I bring to expand the medical coverage to the 1.8 By Mr. SMITH of New Hampshire: the floor today repeals the restriction million Medicare-eligible retirees over- S.J. Res. 47. A joint resolution dis- barring 65 and older military retirees night. approving the extension of the waiver au- thority contained in section 402(c) of the and their families from continued ac- What is apparent to me is that the Trade Act of 1974 with respect to Vietnam; to cess to the military health care sys- will of the Congress, reflecting the will the Committee on Finance. tem. If enacted, this legislation will of the Nation, is that now is the time to act on this issue. My bill would f provide an equal benefit for all mili- tary health care system beneficiaries, eliminate the discriminatory practice SUBMISSION OF CONCURRENT AND retirees, reservists, guardsmen and that caused concern among our mili- SENATE RESOLUTIONS families. This puts all beneficiaries in tary retirees and will restore full bene- The following concurrent resolutions the same class. It is fairly expensive, fits of the military health care system and Senate resolutions were read, and but we need to do it. to all retirees. referred (or acted upon), as indicated: The legislation is a quantum leap Access to military health care has reached a crisis point. With the reduc- By Mr. GORTON (for himself, Mr. FEIN- over the provisions included in the GOLD, Mr. ABRAHAM, Mrs. HUTCHISON, Committee markup of the annual De- tion in the number of military hos- Mr. LIEBERMAN, and Mr. SESSIONS): fense bill. While the markup includes a pitals and with the growth in the re- S. Con. Res. 119. A concurrent resolution comprehensive drug benefit regardless tiree population, addressing the health commending the Republic of Croatia for the of age, the legislation goes further and care needs of our older retirees has be- conduct of its parliamentary and presi- provides uninterrupted access to com- come increasingly difficult. These dential elections; to the Committee on For- plete health care services. beneficiaries should be assured that eign Relations. As a result of my initiatives, all mili- their health care needs will be met. f tary retirees, irrespective of age, will They were promised a healthcare ben- STATEMENTS ON INTRODUCED now enjoy the same health care ben- efit, they served to earn a benefit, and BILLS AND JOINT RESOLUTIONS efit. our country needs to fulfill the com- In Town Hall meetings, I have lis- mitments that were made to them. By Mr. WARNER: tened carefully to the health care con- I am well aware of the legislative al- S. 2669. A bill to amend title 10, cerns of military retirees—particularly ternatives that have been proposed to United States Code, to extend to per- those over age 65 who have lost their address military retiree health care sons over age 64 eligibility for medical entitlement to health care within the needs. I have struggled to examine the care under CHAMPUS and TRICARE; current military health care system. most acute needs of these beneficiaries to extend the TRICARE Senior Prime The constant theme that runs through and have struggled to develop a plan demonstration program in conjunction their requests is that, once they reach that equally benefits all our retirees, with the extension of eligibility under the point at which they are eligible for not just those fortunate enough to live CHAMPUS and TRICARE to such per- Medicare, they are no longer guaran- near a military medical facility, or sons, and for other purposes; to the teed care from the military health care those fortunate enough to be selected Committee on Armed Services. system. This discriminatory char- through some sort of lottery to be al- LEGISLATION REGARDING MEDICARE-ELIGIBLE acteristic of our current system—that lowed to participate in the various MILITARY RETIREES has been in effect since 1964—reduces pilot programs now underway. My goal Mr. WARNER. Mr. President, today I retiree medical benefits and requires a is to provide health care through a am introducing a bill, S. 2669, to afford significant change in the manner in means that is available to all bene- members the opportunity to examine which health care is obtained at a ficiaries, in an equitable and complete the issues related to the complicated point in the lives of our older military manner. military medical program. We desire to retirees when stability and confidence As I have made it clear throughout change the existing program to encom- are most important. This bill, in effect, the year, improving the military pass, in the future, retirees over age 65. repeals the 1964 law. health care system has been the Com- Beginning in World War II promises The bill that I am proposing today mittee’s top quality of life initiative were made to military members that would eliminate the current discrimi- this year. My Committee has held they and their families would be pro- nation based on age and would permit hearings and listened to a variety of vided health care if they served a full military retirees and their dependents beneficiary representatives. I have career. Subsequent legislation was en- to be served by the military health traveled throughout my state and lis- acted which cut off medical benefits at care system throughout their lives. tened to the concerns of retirees. I con- age 65, leaving them to depend on the Under my proposal, it would not mat- ducted an extensive town hall meeting Medicare system, which has provided ter whether the military retiree is 47 in Norfolk in March. I have met with to be inefficient. This is a breach of years old or 77 years old. He or she will many retirees and their representa- promise made on behalf of our country be covered by the military health care tives at my office, during my travels, to retirees who devoted a significant system while on active duty and and even in social settings. I have lis- portion of their lives with careers in throughout their retirement. No new tened. service to their country. I recognize systems will be required, although the This extensive review has allowed me with profound sorrow how we broke existing military system may require to examine carefully how to approach this promise to these retirees. assistance from the Congress to this issue. The number one priority I

VerDate Mar 15 2010 22:45 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06JN0.REC S06JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4566 CONGRESSIONAL RECORD — SENATE June 6, 2000 heard from retirees was the importance (2) in paragraph (4), by striking ‘‘paragraph As many of my colleagues know, of access to pharmaceuticals. This in- (1) who satisfy only the criteria specified in Congress passed the Congressional Re- spired me to develop S. 2087, which pro- subparagraphs (A) and (B) of paragraph (2), view Act in 1996 in an attempt to slow vided a mail order pharmacy benefit but not subparagraph (C) of such paragraph,’’ the executive regulatory machine. For and inserting ‘‘subparagraph (B) of para- for all military beneficiaries, includ- graph (2) who do not satisfy the condition the first time, this law established a ing—for the first time—all Medicare el- specified in subparagraph (A) of such para- process by which Congress can review igible retirees. S. 2087 also addressed a graph’’. and disapprove virtually all federal number of other issues with the mili- (b) EXTENSION OF TRICARE SENIOR PRIME agency rules. Unfortunately, the prom- tary health care system including some DEMONSTRATION PROGRAM.—Paragraph (4) of ise of the Act has not been fulfilled. critical improvements to the TRICARE section 1896(b) of the Social Security Act (42 Between 1996 and 1999, 12,269 non- program for both active duty and retir- U.S.C. 1395ggg(b)) is amended by striking ‘‘3- year period beginning on January 1, 1998’’ major rules and 186 major rules were ees and their family members. I appre- and inserting ‘‘period beginning on January submitted to Congress by federal agen- ciate the bipartisan support of so many 1, 1998, and ending on December 31, 2002’’. cies. Only seven joint resolutions of of my colleagues in crafting and intro- (c) REPEAL OF RELATED DEMONSTRATION disapproval were introduced, per- ducing this critical first step. PROGRAM.—Section 702 of the National De- taining to five rules. None passed ei- In my many meetings with retirees, fense Authorization Act for Fiscal Year 1993 ther House. In fact, none have even (Public Law 102–484; 106 Stat. 2431; 10 U.S.C. and through discussions with my col- been debated on the floor of either leagues, I came to understand the need 1079 note) is repealed. (d) EFFECTIVE DATES.—(1) Except as pro- House. to further enhance S. 2087. I proposed vided in paragraph (2), the amendments The legislation I introduce today will amendments to the budget resolution made by this section shall take effect on Oc- address the flaws in the Congressional to increase the funding available to ad- tober 1, 2001. Review Act and restore the proper bal- (2) The amendment made by subsection (b) dress retiree health care needs. Then, ance between the congressional and ex- again with bipartisan support, I crafted shall take effect on the date of the enact- ment of this Act. ecutive branches when it comes to a new piece of legislation which im- rule-making. The Congressional Regu- proved and enhanced the pharmacy By Mr. THOMAS: latory Review Reform Act will require provisions of the original legislation. S. 2670. A bill to amend chapter 8 of all major rules (those with a $100 mil- With special assistance from Senator title 5, United States Code, to require lion annual impact as defined by the SNOWE and Senator KENNEDY, the new major rules of agencies to be approved Office of Management in consultation S. 2486 included an enhanced pharmacy by Congress in order to take effect, and with GAO) to be approved by Congress benefit with no enrollment fees, that for other purposes; to the Committee before they take effect. If Congress dis- included both retail and mail order on Governmental Affairs. approves a rule, an agency will be pre- programs. This improved legislation THE CONGRESSIONAL REGULATORY REVIEW cluded from proposing the same or addressed the major unmet need of re- REFORM ACT OF 2000 similar rule for a period of 6 months. A tirees, access to pharmaceuticals, and ∑ Mr. THOMAS. Mr. President, I rise rule may be given interim effectiveness provides an equitable benefit, one that today to introduce legislation to curb if the President determines and cer- is not discriminatory based on age. Federal over-regulation by the execu- tifies that a rule should take effect be- This legislation was included during tive branch of Government and to re- Committee consideration of the Fiscal cause of an imminent threat to health store congressional accountability for and safety or emergency (this decision Year 2001 National Defense Authoriza- the regulatory process. tion Bill, with the overwhelming sup- is not judicially reviewable). Finally, The annual regulatory costs of the the president is authorized to estab- port of Committee members. Federal Government on the private The bill now before the Congress lish, by executive order a program for sector have been estimated to be $200– the systematic review of agency rules. compliments my earlier efforts and $800 billion annually. The pace and I believe that congressional review those of the Committee. This bill, in scope of over-regulation has acceler- and accountability for federal regula- conjunction with the provisions in the ated under the Clinton Administration. tions will improve efficiency and lessen Defense Authorization Bill, would pro- For example, the IRS has tried to raise vide a complete health care benefit for taxes administratively, the EPA has federal government intervention in the all military retirees. I urge my col- exceeded its authority with the Clean daily lives of the American people. leagues to support this important leg- Water Action Plan and the National Congress cannot allow the Executive islation. Park Service is trying to eliminate Branch to continue to legislate Mr. President, I ask unanimous con- snowmobile use in our national parks, through rules and regulations. Con- sent that the bill and my statement be all without congressional authoriza- gress must be responsible. Congress printed in the RECORD. tion. Increasingly, we have found that must take back its constitutionally There being no objection, the bill was this administration tries to advance granted authority over the rule-mak- ordered to be printed in the RECORD, as through regulation and executive order ing process. follows: an agenda it cannot get done through This is not a partisan issue. Supreme S. 2669 the normal legislative process. In fact, Court Justice Stephen Breyer sug- Be it enacted by the Senate and House of Rep- there are currently 137 major regula- gested this idea as long ago as 1984. Nor resentatives of the United States of America in tions in the works that will each have is the purpose of this legislation to Congress assembled, at least a $100 million cost. That means overturn a great number of rules sub- SECTION 1. CONDITIONS FOR ELIGIBILITY FOR mitted by agencies. It is intended to in- CHAMPUS UPON THE ATTAINMENT these new regulations will impose at OF 65 YEARS OF AGE. least a $13.7 billion yearly impact on crease incentives regulators have to re- (a) ELIGIBILITY OF MEDICARE ELIGIBLE PER- the economy. spond to the views of the general pub- SONS.—Section 1086(d) of title 10, United Unfortunately, Congress has allowed lic, rather than narrow interests and to States Code, is amended— this to happen. For years Congress has make Congress and the president more (1) by striking paragraph (2) and inserting delegated its most fundamental respon- politically accountable for the result- the following: ing rules. ‘‘(2) The prohibition contained in para- sibility—the creation of laws—to the graph (1) shall not apply to a person referred executive branch. Consequently, rather Mr. President, I am hopeful my col- to in subsection (c) who— than just enforce laws, these unelected leagues will join me in supporting this ‘‘(A) is enrolled in the supplementary med- bureaucrats now also write the laws. commonsense, good government re- ical insurance program under part B of such These regulatory bureaucracies have form.∑ title (42 U.S.C. 1395j et seq.); and often been called the fourth branch of ‘‘(B) in the case of a person under 65 years Government. This fourth branch has By Mr. ASHCROFT: of age, is entitled to hospital insurance bene- misinterpreted, undercut and directly S. 2671. A bill to amend the Internal fits under part A of title XVIII of the Social Security Act pursuant to subparagraph (A) contradicted the will of Congress time Revenue Code of 1986 to promote pen- or (C) of section 226(b)(2) of such Act (42 and time again. It is well past time to sion opportunities for women, and for U.S.C. 426(b)(2)) or section 226A(a) of such end this ‘‘regulation without represen- other purposes; to the Committee on Act (42 U.S.C. 426–1(a)).’’; and tation.’’ Finance.

VerDate Mar 15 2010 22:45 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06JN0.REC S06JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 6, 2000 CONGRESSIONAL RECORD — SENATE S4567 THE PENSION OPPORTUNITIES FOR WOMEN’S nately women, who have often spent pension, compared with 47 percent of EQUALITY IN RETIREMENT ACT less time in the workplace, have less men. In addition, the pensions that Mr. ASHCROFT. Mr. President, I rise time in which to make the required women do receive are significantly less today to introduce the Pension Oppor- ‘catch-up’ contributions that will help than those of men—$4,200 for women, tunities for Women’s Equality in Re- create a stable and secure retirement. on average, compared with $7,800 for tirement (POWER) Act of 2000. This This process is made even harder by ex- men. legislation is important because the isting rules that limit the amounts of I hope that the Senate will take current tax code often fails to give the catch-up contributions. quick action on this matter, to help women—especially women who take Given the difficulties women, espe- American women provide for safe and time off to raise children—sufficient cially unmarried women, face in their secure retirements. opportunities to earn a large enough retirement years, I believe that it is pension to guarantee their financial se- time for the Congress to step up and to By Mrs. FEINSTEIN: S. 2672. A bill to provide for the con- curity in retirement. ensure that retirement security law veyance of various reclamation The facts demonstrate that women provides for higher contribution limits projects to local water authorities; to need help in building pensions for their for working women, easier catch-up to the Committee on Energy and Natural future. In America today, two-thirds of make up for years women missed in the Resources. women over 65 have no pension other labor force, and increased portability than Social Security. This translates of pensions. THE SUGAR PINE DAM AND RESERVOIR CONVEYANCE ACT into 300,000 women in my home state of The POWER Act of 2000 will do three ∑ Mrs. FEINSTEIN. Mr. President, I Missouri and 14 million women nation- major things: First, the bill will in- am pleased to introduce this bill today wide. At the same time, the median in- crease contribution limits, allowing which will provide for the transfer of come from assets for women age 65 and workers to contribute more money to the Sugar Pine Dam and Reservoir over is only $860 a year. Retirement is retirement accounts during their work- Project in the Central Valley Project often compared to a three-legged stool, ing years, thereby ensuring that their to the Forest Hills Public Utility Dis- with the three legs being pensions, sav- retirements will be more secure. ings, and Social Security. Now, every- For workers who are over fifty, the trict. I continue to support the transfer one knows what happens to a three bill allows additional pension contribu- of the Bureau of Reclamation projects legged stool when one of the legs is tions of up to 50 percent more than al- to the local water districts which oper- missing: it falls over. But these statis- lowed under current law. This provi- ate and benefit from them. This bill is important in one other tics shows that many, too many, Amer- sion is particularly helpful to women way. The language in this bill will cor- ican women are trying to manage their who leave the labor force to raise their rect the financial inequity that affects retirements on only one leg of the children, and then want to ‘‘catch-up’’ CVP beneficiaries. Some of the costs of stool. when they are older by increasing their constructing Bureau of Reclamation As a result of the lack of pensions contributions in the years leading up projects have been allocated to other and relatively low savings among to retirement. This bill also requires CVP contractors even though the American women, older women are employers to vest employees earlier, so projects have never been operationally twice as likely as older men to be liv- that women, who have shorter average integrated into the CVP. Thus, Irriga- ing near or below the federal poverty job tenures, can accrue pension bene- tion and Municipal and Industrial threshold. Further, the poverty rates fits earlier. (M&I) contractors such as Contra Costa for widows, divorced women, and never- The bill’s third section eases port- Water District, East Bay MUD, Santa married women are significantly high- ability of pensions among workers who Clara Valley Water District, Sac- er than the rate for all elderly women. switch jobs. The bill eases rollovers ramento MUD, City of Fresno and a The 20 million elderly American and requires that rollovers apply to all number of others have incurred sub- women—including 440,000 in Missouri— retirement plans. In addition, the bill stantial costs without ever receiving carry an extremely high risk of pov- extends pension rollovers to include any benefit. erty. post-tax as well as pre-tax distribu- This bill has the bipartisan support The causes for this risk can be found tions, and calls for the post-tax dis- of Congressman GEORGE MILLER and in the tax code and pension rules. One tributions to be accounted for sepa- JOHN DOOLITTLE in the House. And I of the key elements of pension building rately. can think of no opposition to assisting is called vesting. Employees cannot These provisions are not controver- Forest Hills Public Utility District and build pension assets until they vest, or sial. They have all passed both the Sen- other M&I contractors with this legis- serve at a particular job for a redeter- ate and the House of Representatives lation.∑ mined amount of time, often 5 years. as part of the Taxpayer Refund and Re- Employers have a perfectly good rea- lief Act. President Clinton vetoed that By Mr. REID: son for vesting requirements—they earlier bill. I disagree with the Presi- S. 2673. A bill to direct the Secretary want to encourage job stability—and dent, but he is entitled to his opinion. of the Interior to convey certain land there is no inherent bias in these re- On these provisions, however, it is im- to Eureka County, Nevada, for contin- quirements. But the effect of these re- possible to claim that these female- ued use as cemeteries, to the Com- quirements is to make it harder for friendly provisions will cost too much mittee on Energy and Natural Re- women to build up pension assets. The money. The provisions in this bill will sources. reason for this is that the median job help all workers save more for retire- THE EUREKA COUNTY CEMETERY CONVEYANCE tenure for women is 3.8 years, well ment, and develop larger pensions for ACT below the median job tenure for men, their golden years. Mr. REID. Mr. President, I rise today as well as the 5 years most pension This bill will particularly help to introduce the Eureka County Ceme- plans require for vesting. women, who face a much greater risk tery Conveyance Act. Another problem women face is that of poverty. While the POWER Act will The settlement of Beowawe, Nevada 59 percent of women have not figured help both women and men save for re- was destination and home to pioneers out how much they need to save for re- tirement, it will correct specific pen- that settled the isolated high desert of tirement. When workers, men and sion inequalities in the current law the central Great Basin. The inhab- women alike, are younger, they are fre- that particularly hurt women. Mis- itants of this community set aside a quently not thinking of how much they souri’s nearly 900,000 working women specific community cemetery to pro- need to save for retirement. Younger certainly will benefit through en- vide the final resting place for friends workers are concerned with mortgages, hanced opportunities to create finan- and family who passed away. The early school loans, children’s needs. When cial security for retirement. In Mis- settlers established and managed the these workers get older, and start souri, 65 percent of working age women cemetery in the late 1800’s. The thinking about retirement, they often are in the paid labor force. According Beowawe cemetery is on land currently increase the amount of money they to the Missouri Women’s Council, only managed by the Bureau of Land Man- will put away for retirement. Unfortu- 26 percent of older women receive a agement (BLM).

VerDate Mar 15 2010 22:45 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06JN0.REC S06JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4568 CONGRESSIONAL RECORD — SENATE June 6, 2000 The site of these historic cemetery THE DEPARTMENT OF DEFENSE CIVILIAN ment of Defense the assistance it needs was established prior to the creation of WORKFORCE REALIGNMENT ACT OF 2000 to shape the ‘‘skills mix’’ of the cur- the BLM as an agency. The BLM was ∑ Mr. VOINOVICH. Mr. President, the rent workforce in order to address created in 1946. Under current law, the Federal Government is facing a little- shortfalls brought about by years of agency must sell the encumbered land known, yet serious problem that jeop- downsizing. Our bill will also help the at fair market value to this commu- ardizes its ability to provide services to Department meet its needs for new nity. My bill provides for conveyance the American people—a crisis in skills in emerging technological and of this cemetery to Eureka County, at human capital. The federal workforce professional areas. no cost. It is unconscionable to me has endured years of downsizing, hiring Another area of concern for the De- that this community would have to freezes, and inadequate investment in partment of Defense—as well as many buy their ancestors back from the Fed- the dedicated men and women who other federal agencies—is the serious eral government. comprise the federal civil service. As a demographic challenges that exist in I sincerely hope that members of result, the Federal Government is ill- its workforce. The average Defense De- Congress recognize the benefit to the equipped to compete with the private partment employee is 45 years old, and local community that the conveyances sector for a new generation of tech- more than a third of the Department’s would provide and pass this legislation. nology-savvy workers to replace the workforce is age 51 or older. In the De- I ask unanimous consent that the nearly 900,000 ‘‘baby boomers’’ who will partment of the Air Force, for example, full text of the bill be printed in the be eligible for retirement from the civil 45 percent of the workforce will be eli- RECORD. service in the next 5 years. gible for either regular retirement or There being no objection, the bill was To meet that challenge, I rise today early retirement by 2005. ordered to be printed in the RECORD, as to introduce legislation, along with my Wright-Patterson Air Force Base in follows: friend and colleague from Ohio, Sen- Dayton, OH, is an excellent example of S. 2673 ator MIKE DEWINE, that will help one the demographic challenge facing mili- Be it enacted by the Senate and House of Rep- critical department of our Federal tary installations across the country. resentatives of the United States of America in Government—the Department of De- Wright-Patterson is the headquarters Congress assembled, fense—get a head start in addressing of the Air Force Materiel Command, SECTION 1. FINDINGS. its future workforce needs. Our bill, and employs 22,700 civilian federal Congress finds that— the ‘‘Department of Defense Civilian workers. By 2005, 60 percent of the (1) the historical use by settlers and trav- Workforce Realignment Act of 2000,’’ elers since the late 1800’s of the cemetery Base’s civilian workforce will be eligi- known as ‘‘Maiden’s Grave Cemetery’’ in provides the Department of Defense ble for either regular retirement or Beowawe, Nevada, predates incorporation of with greater flexibility to adequately early retirement. Although a mass exo- the land on which the cemetery is situated manage its civilian workforce and dus of all retirement-eligible employ- within the jurisdiction of the Bureau of Land align its human capital to meet the de- ees is not anticipated, there is a gen- Management; and mands of the post-cold-war environ- uine concern that a significant portion (2) it is appropriate that that use be con- ment. of the Wright-Patterson civilian work- tinued through local public ownership of the During the last decade, the Depart- force, including hundreds of key lead- parcel rather than through the permitting ment of Defense underwent a massive ers and employees with crucial exper- process of the Federal agency. civilian workforce downsizing program SEC. 2. CONVEYANCE TO EUREKA COUNTY, NE- tise, could decide to retire, leaving the VADA. that saw a cut of more than 280,000 po- remaining workforce without experi- (a) CONVEYANCE.—The Secretary of the In- sitions. In addition, the Defense De- enced leadership and absent essential terior, acting through the Director of the partment—like other federal depart- institutional knowledge. Bureau of Land Management (referred to in ments—was subject to hiring restric- This combination of factors poses a this section as the ‘‘Secretary’’), shall con- tions. Taken together, these two fac- serious challenge to the long-term ef- vey, without consideration, subject to valid tors have inhibited the development of fectiveness of the civilian component existing rights, to Eureka County, Nevada mid-level career, civilian professionals; of the Defense Department, and by im- (referred to in this section as the ‘‘county’’), all right, title, and interest of the United the men and women who serve a vital plication, the national security of the States in and to the parcel of land described role in the management and develop- United States. in subsection (b). ment of our nation’s military. The ex- Military base leaders, and indeed the (b) DESCRIPTION OF LAND.—The parcel of tent of this problem is exhibited in the entire Defense establishment, need to land referred to in subsection (a) is the par- fact that right now, the Department is be given the flexibility to hire new em- cel of public land (including any improve- seriously understaffed in certain key ployees so they can begin to develop ments on the land) known as ‘‘Maiden’s occupations, such as computer experts another generation of civilian leaders Grave Cemetery’’, consisting of approxi- and foreign language specialists. The and employees who will be able to pro- mately 10 acres and more particularly de- scribed as S1/2NE1/4SW1/4SW1/4, N1/2SE1/ lack of such professionals has the po- vide critical support to our men and 4SW1/4SW1/4 of section 10, T.31N., R.49E., tential to affect the Defense Depart- women in uniform. Mount Diablo Meridian. ment’s ability to respond effectively That is the purpose of the legislation (c) USE OF LAND.— and rapidly to military threats to our we are introducing today. The Depart- (1) IN GENERAL.—The county shall continue nation. ment of Defense Civilian Workforce Re- the use of the parcel conveyed under sub- The need to address the pending alignment Act addresses the current section (a) as a cemetery. human capital crisis in the federal imbalance between the federal work- (2) REVERSION.—If the Secretary, after no- workforce is increasingly apparent, as force and the skills needed to run the tice to the county and an opportunity for a hearing, makes a finding that the county has more and more leaders acknowledge Federal Government in the 21st cen- discontinued the use of the parcel conveyed that our past policies did not consider tury, as well as the age imbalance be- under subsection (a) as a cemetery, title to future federal workforce needs. Indeed, tween new employees and the potential the parcel shall revert to the Secretary. in testimony before the Oversight of mass retirement of senior public em- (d) RIGHT-OF-WAY.—At the time of the con- Government Management Sub- ployees in the next 5 years. If we wait veyance under subsection (a), the Secretary committee, which I chair, the head of for this ‘‘retirement bubble’’ to burst shall grant the county a right-of-way allow- the General Accounting Office, Comp- before we begin to hire new employees, ing access for persons desiring to visit the cemetery and other cemetery purposes over troller General David Walker, stated, then not only will we be woefully an appropriate access route. ‘‘(I)n cutting back on the hiring of new understaffed in a number of key areas, staff in order to reduce the number of but we will have fewer seasoned indi- By Mr. VOINOVICH (for himself their employees, agencies also reduced viduals left in the federal workforce and Mr. DEWINE): the influx of new people with the new who can provide training and men- S. 2674. A bill to amend title 5, competencies needed to sustain excel- toring. United States Code to provide for re- lence.’’ The provisions in our bill will allow alignment of the Department of De- The bill that Senator DEWINE and I the Defense Department to conduct a fense workforce; to the Committee on are introducing today will help respond smoother transition by bringing new Governmental Affairs. to these concerns by giving the Depart- employees into the Department over

VerDate Mar 15 2010 22:45 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06JN0.REC S06JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 6, 2000 CONGRESSIONAL RECORD — SENATE S4569 the next 5 years. The new employees rated from the service after completing 25 titled to an immediate annuity under this will have the opportunity to work with years of service or after becoming 50 years of subchapter if the employee is eligible for the and learn from their more experienced age and completing 20 years of service is en- annuity under paragraph (2) or (3). colleagues, and invaluable institu- titled to an immediate annuity under this ‘‘(2)(A) An employee referred to in para- subchapter if the employee is eligible for the graph (1) is eligible for an immediate annu- tional knowledge will be passed along. annuity under paragraph (2) or (3). ity under this paragraph if the employee— While this proposal does not address ‘‘(2)(A) An employee referred to in para- ‘‘(i) is separated from the service involun- all of the human capital needs of the graph (1) is eligible for an immediate annu- tarily other than for cause; and Defense Department, it will help en- ity under this paragraph if the employee— ‘‘(ii) has not declined a reasonable offer of sure that the Department of Defense ‘‘(i) is separated from the service involun- another position in the Department of De- recruits and retains a quality civilian tarily other than for cause; and fense for which the employee is qualified, workforce so that our Armed Forces ‘‘(ii) has not declined a reasonable offer of which is not lower than 2 grades (or pay lev- another position in the Department of De- may remain the best in the world. It is els) below the employee’s grade (or pay fense for which the employee is qualified, level), and which is within the employee’s extremely important to the future vi- which is not lower than 2 grades (or pay lev- commuting area. tality of the Department’s civilian els) below the employee’s grade (or pay ‘‘(B) For the purposes of paragraph workforce and the national security of level), and which is within the employee’s (2)(A)(i), a separation for failure to accept a the United States that we address the commuting area. directed reassignment to a position outside human capital crisis while we have the ‘‘(B) For the purposes of paragraph the commuting area of the employee con- opportunity. I urge my colleagues to (2)(A)(i), a separation for failure to accept a cerned or to accompany a position outside of directed reassignment to a position outside support this legislation. such area pursuant to a transfer of function the commuting area of the employee con- may not be considered to be a removal for Thank you, Mr. President. I ask cerned or to accompany a position outside of unanimous consent that the bill be cause. such area pursuant to a transfer of function ‘‘(3) An employee referred to in paragraph printed in full in the RECORD. may not be considered to be a removal for (1) is eligible for an immediate annuity There being no objection, the bill was cause. under this paragraph if the employee satis- ‘‘(3) An employee referred to in paragraph ordered to be printed in the RECORD, as fies all of the following conditions: (1) is eligible for an immediate annuity follows: ‘‘(A) The employee is separated from the under this paragraph if the employee satis- service voluntarily during a period in which S. 2674 fies all of the following conditions: the organization within the Department of Be it enacted by the Senate and House of Rep- ‘‘(A) The employee is separated from the Defense in which the employee is serving is resentatives of the United States of America in service voluntarily during a period in which undergoing a major organizational adjust- Congress assembled, the organization within the Department of ment, as determined by the Secretary of De- SECTION 1. SHORT TITLE. Defense in which the employee is serving is fense. undergoing a major organizational adjust- This Act may be cited as the ‘‘Department ‘‘(B) The employee has been employed con- ment, as determined by the Secretary of De- of Defense Civilian Workforce Realignment tinuously by the Department of Defense for fense. Act of 2000’’. more than 30 days before the date on which ‘‘(B) The employee has been employed con- SEC. 2. EXTENSION OF AUTHORITY FOR VOL- the head of the employee’s organization re- tinuously by the Department of Defense for UNTARY SEPARATIONS IN REDUC- quests the determinations required under TIONS IN FORCE. more than 30 days before the date on which subparagraph (A). Section 3502(f)(5) of title 5, United States the head of the employee’s organization re- ‘‘(C) The employee is serving under an ap- Code, is amended by striking ‘‘September 30, quests the determinations required under pointment that is not limited by time. 2001’’ and inserting ‘‘September 30, 2005’’. subparagraph (A). ‘‘(D) The employee is not in receipt of a de- ‘‘(C) The employee is serving under an ap- SEC. 3. EXTENSION, REVISION, AND EXPANSION cision notice of involuntary separation for OF AUTHORITIES FOR USE OF VOL- pointment that is not limited by time. misconduct or unacceptable performance. UNTARY SEPARATION INCENTIVE ‘‘(D) The employee is not in receipt of a de- ‘‘(E) The employee is within the scope of PAY AND VOLUNTARY EARLY RE- cision notice of involuntary separation for an offer of voluntary early retirement, as de- TIREMENT. misconduct or unacceptable performance. fined on the basis of one or more of the fol- (a) EXTENSION OF AUTHORITY.—Subsection ‘‘(E) The employee is within the scope of lowing objective criteria: (e) of section 5597 of title 5, United States an offer of voluntary early retirement, as de- ‘‘(i) One or more organizational units. Code, is amended by striking ‘‘September 30, fined on the basis of one or more of the fol- ‘‘(ii) One or more occupational groups, se- 2003’’ and inserting ‘‘September 30, 2005’’. lowing objective criteria: ries, or levels. (b) REVISION AND ADDITION OF PURPOSES ‘‘(i) One or more organizational units. ‘‘(iii) One or more geographical locations. FOR DEPARTMENT OF DEFENSE VSIP.—Sub- ‘‘(ii) One or more occupational groups, se- ‘‘(iv) Any other similar criteria that the section (b) of such section is amended by in- ries, or levels. Secretary of Defense determines appropriate. serting after ‘‘transfer of function,’’ the fol- ‘‘(iii) One or more geographical locations. ‘‘(4) The determinations necessary for es- lowing: ‘‘restructuring of the workforce (to ‘‘(iv) Any other similar criteria that the tablishing the eligibility of a person for an meet mission needs, to achieve one or more Secretary of Defense determines appropriate. strength reductions, to correct skill imbal- ‘‘(4) The determinations necessary for es- immediate annuity under paragraph (2) or (3) ances, or to reduce the number of high-grade, tablishing the eligibility of a person for an shall be made in accordance with regulations managerial, or supervisory positions),’’. immediate annuity under paragraph (2) or (3) prescribed by the Secretary of Defense. (c) INSTALLMENT PAYMENTS.—Subsection shall be made in accordance with regulations ‘‘(5) In this subsection, the term ‘major or- (d) of such section is amended— prescribed by the Secretary of Defense. ganizational adjustment’ means any of the (1) by striking paragraph (1) and inserting ‘‘(5) In this subsection, the term ‘major or- following: the following: ganizational adjustment’ means any of the ‘‘(A) A major reorganization. ‘‘(1) shall be paid in a lump-sum or in in- following: ‘‘(B) A major reduction in force. stallments;’’; ‘‘(A) A major reorganization. ‘‘(C) A major transfer of function. (2) by striking ‘‘and’’ at the end of para- ‘‘(B) A major reduction in force. ‘‘(D) A workforce restructuring— graph (3); ‘‘(C) A major transfer of function. ‘‘(i) to meet mission needs; (3) by striking the period at the end of ‘‘(D) A workforce restructuring— ‘‘(ii) to achieve one or more reductions in paragraph (4) and inserting ‘‘; and’’; and ‘‘(i) to meet mission needs; strength; (4) by adding at the end the following: ‘‘(ii) to achieve one or more reductions in ‘‘(iii) to correct skill imbalances; or ‘‘(5) if paid in installments, shall cease to strength; ‘‘(iv) to reduce the number of high-grade, be paid upon the recipient’s acceptance of ‘‘(iii) to correct skill imbalances; or managerial, supervisory, or similar posi- employment by the Federal Government as ‘‘(iv) to reduce the number of high-grade, tions.’’. described in subsection (g)(1).’’. managerial, supervisory, or similar posi- (c) CONFORMING AMENDMENTS.—(1) Section SEC. 4. DEPARTMENT OF DEFENSE EMPLOYEE tions.’’. 8339(h) of such title is amended by striking VOLUNTARY EARLY RETIREMENT (b) FEDERAL EMPLOYEES’ RETIREMENT SYS- out ‘‘or ( j)’’ in the first sentence and insert- AUTHORITY. TEM.—Section 8414 of such title is amended— ing ‘‘( j), or (o)’’. (a) CIVIL SERVICE RETIREMENT SYSTEM.— (1) in subsection (b)(1)(B), by inserting ‘‘ex- (2) Section 8464(a)(1)(A)(i) of such title is Section 8336 of title 5, United States Code, is cept in the case of an employee described in amended by striking out ‘‘or (b)(1)(B)’’ and ‘‘, amended— subsection (d)(1),’’ after ‘‘(B)’’; and (b)(1)(B), or (d)’’. (1) in subsection (d)(2), by inserting ‘‘ex- (2) by adding at the end the following: (d) EFFECTIVE DATE; APPLICABILITY.—The cept in the case of an employee described in ‘‘(d)(1) An employee of the Department of amendments made by this section— subsection (o)(1),’’ after ‘‘(2)’’; and Defense who, before October 1, 2005, is sepa- (1) shall take effect on October 1, 2000; and (2) by adding at the end the following: rated from the service after completing 25 (2) shall apply with respect to an approval ‘‘(o)(1) An employee of the Department of years of service or after becoming 50 years of for voluntary early retirement made on or Defense who, before October 1, 2005, is sepa- age and completing 20 years of service is en- after that date.

VerDate Mar 15 2010 22:45 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06JN0.REC S06JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4570 CONGRESSIONAL RECORD — SENATE June 6, 2000 SEC. 5. RESTRICTIONS ON PAYMENTS FOR ACA- situation at Wright-Patterson Air breakthroughs that will keep our pilots DEMIC TRAINING. Force Base in Dayton, Ohio. What we safe and our nation secure. (a) SOURCES OF POSTSECONDARY EDU- have seen there is a rather large micro- I am pleased that the Department of CATION.—Subsection (a) of section 4107 of title 5, United States Code, is amended— cosm of a current and growing problem the Air Force and the Department of (1) by striking ‘‘or’’ at the end of paragraph that affects the civilian workforce Defense have expressed the need for (1); throughout our defense infrastructure. workforce realignment legislation. I (2) by striking the period at the end of At Wright-Patterson, this problem believe the legislation Senator VOINO- paragraph (2) and inserting ‘‘; or’’; and threatens to diminish significantly the VICH and I are introducing today will (3) by adding at the end the following: pool of talented experts in critical re- meet the concerns they have expressed ‘‘(3) any course of postsecondary education search and development fields. As I not just to us, but also to other mem- that is administered or conducted by an in- have often said, Wright-Patterson is bers of the House and Senate. stitution not accredited by a national or re- the brain power behind our air power, I want to thank Senator VOINOVICH gional accrediting body (except in the case of a course or institution for which standards and is the central reason why our Air for his efforts and leadership on his leg- for accrediting do not exist or are deter- Force is second to none in techno- islation, and also want to extend my mined by the head of the employee’s agency logical and aeronautical superiority. appreciation to his staff, especially as being inappropriate), regardless of wheth- Wright-Patterson has already lost a Aric Newhouse and Andrew Richard- er the course is provided by means of class- significant number of people who con- son, for their hard work. The Miami room instruction, electronic instruction, or stituted that brain power as a result of Valley community also has been of otherwise.’’. Cold War downsizing. In the last decade great help in demonstrating the impor- (b) WAIVER OF RESTRICTION ON DEGREE alone, 8,000 positions at Wright-Patter- tance of this issue not just to Wright- TRAINING.—Subsection (b)(1) of such section is amended by striking ‘‘if necessary’’ and all son have been lost. For the entire De- Patterson but also to the entire region that follows through the end and inserting partment of Defense, approximately and the nation. ‘‘if the training provides an opportunity for 280,000 positions were lost during the I urge my colleagues to support this an employee of the agency to obtain an aca- same period. At the same time we were legislation. demic degree pursuant to a planned, system- downsizing, hiring restrictions pre- atic, and coordinated program of profes- vented the Defense Department from By Ms. SNOWE (for herself and sional development approved by the head of establishing a foundation of younger Ms. MIKULSKI): the agency.’’. innovators. In short, the combination S. 2675. A bill to establish an Office (c) CONFORMING AND CLERICAL AMEND- of downsizing, retirement, and a hiring on Women’s Health within the Depart- MENTS.—The heading for such section is ment of Health and Human Services; to amended to read as follows: freeze has left a shallow talent pool of young skilled workers. the Committee on Health, Education, ‘‘§ 4107. Restrictions’’. The statistics tell the story. Today, Labor, and Pensions. (3) The item relating to such section in the for example, nearly one out of 10 civil- WOMEN’S HEALTH OFFICE ACT OF 2000 table of sections at the beginning of chapter ∑ 41 of title 5, United States Code, is amended ian workers at Wright-Patterson’s Ms. SNOWE. Mr. President, I rise to read as follows: Aeronautical Systems Center are under today to introduce the Women’s Health ‘‘4107. Restrictions.’’. the age of 35, while more than one- Office Act of 2000 and I am pleased to third of the workforce is over the age be joined on this legislation by my SEC. 6. STRATEGIC PLAN. of 50. In less than five years, more than friend and colleague, Senator BARBARA (a) REQUIREMENT FOR PLAN.—Not later than six months after the date of the enact- half of this workforce will be eligible MIKULSKI. Companion legislation to ment of this Act, the Secretary of Defense for retirement, but only 2.5 percent this bill has been introduced in the shall submit to the appropriate committees will be under the age of 35. This trend House by Congresswomen CONNIE of Congress a strategic plan for the exercise is typical for all civilian functions at MORELLA and CAROLYN MALONEY. of the authorities provided or extended by Wright-Patterson. The Women’s Health Office Act of the amendments made by this Act. The plan The Department of Defense Civilian 2000 provides permanent authorization shall include an estimate of the number of Workforce Realignment Act would ex- for offices of women’s health in five Department of Defense employees that would tend, revise and expand the Defense De- federal agencies: the Department of be affected by the uses of authorities as de- scribed in the plan. partment’s limited authority to use Health and Human Services (HHS); the (b) CONSISTENCY WITH DOD PERFORMANCE voluntary incentive pay and voluntary Centers for Disease Control and Pre- AND REVIEW STRATEGIC PLAN.—The strategic early retirement. Our bill would allow vention (CDC); the Agency for Health plan submitted under subsection (a) shall be for the Department to utilize the added Care Research and Quality (AHRQ); the consistent with the strategic plan of the De- authority to restructure the civilian Health Resources and Services Admin- partment of Defense that is in effect under workforce to meet missions needs and istration (HRSA); and the Food and section 306 of title 5, United States Code. to correct skill imbalances. Given the Drug Administration (FDA). (c) APPROPRIATE COMMITTEES.—For the significant numbers of eligible federal Currently, only two women’s health purposes of this section, the appropriate committees of Congress are as follows: retirees the Department will face in offices in the federal government have (1) The Committee on Armed Services and just a few short years, this legislation statutory authorization: the Office of the Committee on Governmental Affairs of would give the Department the ability Research on Women’s Health at the the Senate. to better manage this extraordinary National Institutes of Health (NIH) and (2) The Committee on Armed Services and transition period. Just as important, the Office for Women’s Services within the Committee on Government Reform of this smoother transition period would the Substance Abuse and Mental the House of Representatives.∑ allow for better and more effective de- Health Services Administration Mr. DEWINE. Mr. President, today velopment of our younger workers, who (SAMHSA). Senator VOINOVICH and I are intro- will have a better chance to learn and For too many years, women’s health ducing the Department of Defense Ci- gain from the expertise of the older care needs were ignored or poorly un- vilian Workforce Realignment Act of generation of innovators. derstood, and women were systemati- 2000. This legislation is designed to The legislation we are introducing, cally excluded from important health give the Department of Defense some fundamentally for Wright-Patterson research. One famous medical study on of the administrative flexibility it Air Force Base, is about maintaining breast cancer examined hundreds of needs to shape the civilian workforce technological superiority. That superi- men. Another federally-funded study to meet the tremendous national de- ority is the foundation of future Air examined the ability of aspirin to pre- fense challenges that face our nation Force dominance in the skies. It’s that vent heart attacks in 20,000 medical well into this century. simple. Weakening that foundation doctors, all of whom were men, despite My colleague from Ohio and I, along places the lives of our pilots and the se- the fact that heart disease is the lead- with our Ohio colleagues in the House, curity of our nation at risk. Our legis- ing cause among women. Mr. HOBSON and Mr. HALL have been lation is a positive step toward rebuild- Today, members of Congress and the working on this issue for almost two ing and strengthening that foundation American public understand the impor- years. What has fostered this bipar- with an investment in those who will tance of ensuring that both genders tisan unity is the current workforce make tomorrow’s discoveries and benefit equally from medical research

VerDate Mar 15 2010 22:45 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06JN0.REC S06JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 6, 2000 CONGRESSIONAL RECORD — SENATE S4571 and health care services. Unfortu- trials, but our commitment to women’s ∑ Ms. MIKULSKI. Mr. President, I rise nately, equity does not yet exist in health this is not about quotas and to join my good friend and colleague, health care, and we have a long way to numbers. It is about real scientific ad- Senator SNOWE, to introduce the Wom- go. Knowledge about appropriate vances that will improve our knowl- en’s Health Office Act of 2000. I’m courses of treatment for women lags edge about women’s health. At a time pleased to join Senator SNOWE in intro- far behind that for men for many dis- when we are on track to double funding ducing this bill because it establishes eases. For years, research into diseases for NIH, it is troubling that the agency an important framework to address that predominantly affect women, such has still failed to fully implement both women’s health within the Department as breast cancer, went grossly under- its own guidelines and Congress’s direc- of Health and Human Services (DHHS). funded. And many women do not have tive for sex-based analysis. And as a re- Historically, women’s health needs access to reproductive and other vital sult, women continue to be short- were ignored or inadequately addressed health services. changed by federal research efforts. by the medical establishment and the Throughout my tenure in the House The crux of the matter is that NIH’s government. It is really only in the and Senate, I have worked hard to ex- problems exist despite the fact that it last ten years that the health of pose and eliminate this health care has an Office of Women’s Health that is women has begun to receive more at- gender gap and improve women’s ac- codified in law. If NIH is having prob- tention. A 1990 General Accounting Of- cess to affordable, quality health serv- lems, imagine the difficulties we will fice (GAO) report acknowledged the ices. Ten years, ago, as co-chairs of the have in continuing the focus on wom- historical pattern of neglect of women Congressional Caucus for Women’s en’s health in offices that don’t have in health research, and especially the Issues (CCWI), Representative Pat this legislative mandate, and that may exclusion of women as research sub- Schroeder and I, along with Represent- change focus with a new HHS Sec- jects in many clinical trials. This was retary or Agency Director. ative HENRY WAXMAN, called for a GAO unacceptable. Women make up half or Offices of Women’s Health across the more of the population and must be investigation into the inclusion of Public Health Service are charged with adequately included in clinical re- women and minorities in medical re- coordinating women’s health activities search. That’s why I fought to estab- search at the National Institutes of and monitoring progress on women’s lish the Office of Research on Women’s Health. health issues within their respective This study documented the wide- Health (ORWH) at the National Insti- agencies, and they have been successful spread exclusion of women from med- tutes of Health (NIH) ten years ago. We in making federal programs and poli- ical research, and spurred the Caucus needed to ensure that women were in- cies more responsive to women’s health cluded in clinical research, so that we to introduce the first Women’s Health issues. Unfortunately, all of the good would know how treatments for a par- Equity Act (WHEA) in 1990. This com- work these offices are doing is not prehensive legislation provided Con- guaranteed in Public Health Service ticular disease or condition would af- gress with its first broad, forward-look- authorizing law. Providing statutory fect women. Would men and women ing health agenda designed to redress authorization for federal women’s react the same way to a particular the historical inequities that face health offices is a critical step in en- treatment for heart disease? We had no women in medical research, prevention suring that women’s health research way of knowing because women were and services. will continue to receive the attention not being included in clinical trials. Three years later Congress enacted While the ORWH began its work in it requires in future years. legislation mandating the inclusion of Codifying these offices of women’s 1990, I wanted to ensure that it stayed women and minorities in clinical trials health is important for several reasons: at NIH and had the necessary authority at NIH through the National Institutes First, it re-emphasizes Congress’s com- to carry out its mission of ensuring of Health Revitalization Act of 1993 mitment to focusing on women’s that women were included in clinical (P.L. 103–43). Also included in the NIH health. Second, it ensures that Agen- research. That’s why I authored legis- Revitalization Act was language estab- cies will enact Congress’s intent with lation in 1990 and 1991 to formally es- lishing the NIH Office of Research on good faith. Finally, it ensures that ap- tablish the ORWH in the Office of the Women’s Health—language based on propriations will be available in future Director of NIH. These provisions were my original Office of Women’s Health years to fulfill these commitments. later enacted into law in the NIH Revi- bill that was introduced in the 104th By statutorily creating Offices of talization Act of 1993. Congress. Women’s Health, the Deputy Assistant Last year, Senator HARKIN, Senator And yet, despite all the progress that Secretary for Women’s Health will be SNOWE, and I requested that GAO ex- we have made, there is still a long way able to better monitor various Public amine how well the NIH and ORWH to go on women’s health care issues. Health Service agencies and advise was carrying out the mandates under Last month, the GAO released a re- them on scientific, legal, ethical and the NIH Revitalization Act of 1993. The port—a ten-year update—on the status policy issues. Agencies would establish results were mixed. While NIH had of women’s research at NIH (‘‘NIH Has a Coordinating Committee on Women’s made substantial progress in ensuring Increased Its Efforts to Include Women Health to identify and prioritize which the inclusion of women in clinical re- in Research,’’ published on May 2, women’s health projects should be con- search, it had made less progress in en- 2000). This report found that since the ducted. This will also provide a mecha- couraging the analysis of study find- first GAO report and the 1993 legisla- nism for coordination within and ings by sex. This means that women tion, NIH has made significant progress across these agencies, and with the pri- are being included in clinical trials, toward including women as subjects in vate sector. But most importantly, this but we are not able to fully reap the both intramural and external clinical bill will ensure the presence of endur- benefits of inclusion because analysis trials. ing offices dedicated to addressing the of how interventions affect men and However, the report notes that the ongoing needs and gaps in research pol- women is not being done. While the Institutes have made less progress in icy, programs, and education and train- NIH is taking steps to address this, we implementing the requirement that ing in women’s health. are missing information from research certain clinical trials be designed and Improving the health of American done over the last few years about how carried out to permit valid analysis by women requires a far greater under- the outcomes of the research varied or sex, which could reveal whether inter- standing of women’s health needs and not for men and women. ventions affect women and men dif- conditions, and ongoing evaluation in NIH is but one agency in the DHHS. ferently. The GAO found that NIH re- the areas of research, education, pre- Other agencies in DHHS do not even searchers will include women in their vention, treatment and the delivery of have women’s health offices. How are trials—but then they will either not do services. I urge my colleagues to join these other agencies addressing wom- analysis on the basis of sex, or if no dif- Senator MIKULSKI and me in supporting en’s health? Only NIH and the Sub- ference was found, they will not pub- this legislation, to help ensure that stance Abuse and Mental Health Serv- lish the sex-based results. women’s health will never again be a ices Administration (SAMHSA) have NIH has done a good job of improving missing page in America’s medical statutory authorization for offices participation of women in clinical textbook.∑ dedicated to women’s health. Other

VerDate Mar 15 2010 22:45 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06JN0.REC S06JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4572 CONGRESSIONAL RECORD — SENATE June 6, 2000 agencies in HHS have a hodgepodge of I believe that this bill will establish [From the Dallas Morning News, Apr. 28, women’s health offices or advisors/co- a valuable and consistent framework 2000] ordinators, some of whom have experi- for addressing women’s health in the MIKE HUCKABEE: GOVERNMENT’S FLAWED enced cuts in their funding. For exam- Department of Health and Human PURSUIT OF MICROSOFT ple, funding for the Food and Drug Ad- Services. It will help to ensure that (By Mike Huckabee, Governor of Arkansas) ministration’s (FDA) Office of Women’s women’s health research will continue As a lifelong Southerner, I am proud our Health has decreased from $2 million in to have the resources it needs in the region is known for its hospitality and com- mon sense. It seems the Justice Department Fiscal Year 1995 to $1.6 million in Fis- coming years. This bill is a priority of cal Year 2000. In addition, funding for could use a little of both in the handling of the Women’s Health Research Coali- its antitrust suit against the Microsoft Corp. the Centers for Disease Control and tion. The Coalition is comprised of When Federal Judge Thomas Penfield Prevention’s (CDC) Office of Women’s nearly three dozen academic centers, Jackson recently issued his ruling, he gave Health was cut more than 10% between voluntary health associations and credence to the flawed logic upon which the Fiscal Year 1999 and Fiscal Year 2000. membership organizations with a government has built its case. I believe we need a consistent and That flawed logic should have precluded strong focus on women’s health re- the federal government from bringing the comprehensive approach to address the search and gender-based biology. I en- needs of women’s health in the DHHS. case in the first place. Washington bureau- courage my colleagues to join Senator crats shouldn’t be in the business of choosing This bill that I join Senator SNOWE in SNOWE and myself in supporting and winners and losers in the private sector. introducing today would do just that. cosponsoring this important legislation That responsibility belongs to consumers. The Women’s Health Office Act of 2000 for women.∑ The government’s theory behind the case would provide authorization for wom- is that America’s high-technology industry en’s health offices in DHHS, CDC, the By Mr. HUTCHINSON (for him- has been victimized by Microsoft’s stifling FDA, the Agency for Healthcare Re- competition and squelching innovation. self, Mr. GREGG, Mr. ENZI, Mr. search and Quality (AHRQ), and the Every piece of the federal government’s the- HAGEL, Mr. SESSIONS, Mrs. Health Resources and Serivces Admin- ory is an insult to the free-enterprise system HUTCHISON, Mr. KYL, Mr. NICK- istration (HRSA). and the will of consumers. LES, Mr. HELMS, Mr. ALLARD, First, there is no more competitive indus- This legislation establishes an impor- try in the world than America’s high-tech tant framework and build on existing Mr. SMITH of New Hampshire, and Mr. INHOFE): market. That is as true today as it was be- efforts. The HHS Office on Women’s fore the federal government’s five-year, $30 Health would take over all functions S. 2676. A bill to amend the National million attempt to regulate free enterprise. which previously belonged to the cur- Labor Relations Act to provide for in- There are thousands of companies selling rent Office of Women’s Health of the flation adjustments to the mandatory software products today, far more than at Public Health Service. The HHS Office jurisdiction thresholds of the National the start of the trial. would be headed by a Deputy Assistant Labor Relations Board; to the Com- And in the time since the federal govern- Secretary for Women’s Health who mittee on Health, Education, Labor, ment and 19 state attorneys general filed and Pensions. their suit, America’s technology industry would also chair an HHS Coordinating has produced one-third of the nation’s eco- Committee on Women’s Heath. The re- LEGISLATION REGARDING INFLATION ADJUST- nomic growth. sponsibilities of the HHS Office would MENTS TO MANDATORY JURISDICTION THRESH- Those facts hardly would support the gov- include establishing short and long- OLDS OF THE NATIONAL LABOR RELATIONS ernment’s characterization of the informa- term goals, advising the Secretary of BOARD tion technology industry as a shell of its HHS on women’s health issues, moni- ∑ Mr. HUTCHINSON. Mr. President, I former self. toring and facilitating coordination ask unanimous consent that the bill As for innovation, consider the change in and additional material be printed in the simple matter of personal computing and stimulating HHS activities on since 1995. In 1995, the personal computer was women’s health, establishing a na- the RECORD. just starting to have its potential realized tional Women’s Health Information There being no objection, the mate- with the development—among other innova- Center to facilitate exchange of and ac- rial was ordered to be printed in the tions—of Windows 95. Just as Windows 95 has cess to women’s health information, RECORD, as follows: since been rendered obsolete by Microsoft and coordinating private sector efforts S. 2676 itself, so now is the debate beginning about to promote women’s health. the future of the personal computer as we Be it enacted by the Senate and House of Rep- know it. Many believe the PC soon will be re- Under this legislation, the Offices of resentatives of the United States of America in Women’s Health in CDC, FDA, HRSA, placed by Internet-based appliances in Congress assembled, phones, televisions and hand-held computing and AHRQ would be housed in the of- SECTION 1. INFLATION ADJUSTMENTS TO MAN- devices. The technology industry in 2000 fice of the head of each agency and be DATORY JURISDICTION THRESH- looks nothing like it did in 1995. headed by a Director appointed by the OLDS OF NATIONAL LABOR RELA- Just as many of the technologies of the head of the respective agency. The of- TIONS BOARD. mid-’90s now are obsolete, so are the issues fices would assess the current level of Section 14(c)(1) of the National Labor Rela- the government has raised in this case. The activity on women’s health in the tions Act (29 U.S.C. 164(c)(1)) is amended to high-tech market has moved—and will con- read as follows: agency; establish short-term and long- tinue to move—too quickly for any govern- ‘‘(c)(1)(A) MANDATORY JURISDICTION.—The term goals for women’s health and co- ment to keep tabs on it through regulation. Board shall assert jurisdiction over any By the time federal bureaucrats get around ordinate women’s health activities in labor dispute involving any class or category to fixing rules, the market will change them. the agency; identify women’s health of employers over which it would assert ju- That is the way of the new economy, built on projects to support or conduct; consult risdiction under the standards prevailing on competition, innovation and customer serv- with appropriate outside groups on the August 1, 1959, with the financial threshold ice. agency’s policy regarding women; serve amounts adjusted for inflation under sub- The federal government’s case against on HHS’ Coordinating Committee on paragraph (B). Microsoft attacks all three principles. Women’s Health; and establish and ‘‘(B) INFLATION ADJUSTMENTS.—The Board, Instead of the self-regulating competition head a coordinating committee on beginning on October 1, 2000, and not less that has enabled Microsoft to lead the tech- often than every 5 years thereafter, shall ad- nology industry to its current heights, the women’s health within the agency to just each of the financial threshold amounts government favors either breaking up the identify womens’ health needs and referred to in subparagraph (A) for inflation, company or regulating away its freedom to make recommendations to the head of using as the base period the later of (i) the innovate and compete. The federal govern- the agency. The FDA office would also most recent calendar quarter ending before ment’s ‘‘remedy’’ would insert bureaucrats have specific duties regarding women the financial threshold amount was estab- into the technology market in ways never and clinical trials. All the offices, in- lished, or (ii) the calendar quarter ending before imagined. Those Washington bureau- cluding the HHS Office beginning no June 30, 1959. The inflation adjustments shall crats would be involved in questions of prod- later than Jan. 31. 2002, would submit a be determined using changes in the Con- uct design and marketing. That would em- sumer Price Index for all urban consumers power pencil-pushing Beltway bureaucrats to report every two years to the appro- published by the Department of Labor and second-guess innocent computer program- priate Congressional committees docu- shall be rounded to the nearest $10,000. The mers and entrepreneurs. The new arrange- menting activities accomplished. In ad- Board shall prescribe any regulations nec- ment would enable regulators to pick win- dition, the bill authorizes appropria- essary for making the inflation adjust- ners and losers in the marketplace, stripping tions for all the offices through 2005 ments.’’. consumers of their rights.

VerDate Mar 15 2010 22:45 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06JN0.REC S06JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 6, 2000 CONGRESSIONAL RECORD — SENATE S4573 In a free market, it is consumers, not bu- heads of state—some of whom have democratic institutions. With the vir- reaucrats, who should control the destinies shown great commitment to democ- tual end of support from international of individual industries and companies. In re- racy and racial reconciliation in their lending institutions and economic aid, sponse to consumers’ influence over the mar- own countries—are unhappily muted, we have precious few ‘‘sticks’’ at our ket, companies have lowered prices, created new products and focused on customer serv- even seemingly compelled to support disposal. The ‘‘carrots’’ are real, ices. The government’s scheme would negate President Mugabe’s antics. through. We must use them to commu- those market forces. It also would preclude Yet the near paralysis of the United nicate that democracy brings imme- the industry and the government from work- States is of greatest concern. Over diate benefits and to entice and gener- ing together to bridge the digital divide, 10,000 Zimbabwean troops from the thin ously shore up any gains made, includ- since the industry probably would be forced green line which keeps Laurent Kabila ing progress on real land reform. In the to raise prices to account for new regulatory in power in the Democratic Republic of 20 years since independence, land re- compliance costs. Higher prices would pro- Congo. The volatile Kabila, in turn, de- form, which is broadly supported in hibit low-income families from enjoying termines whether or not the war in newer technologies, so poor families would Zimbabwe and among donors, has been remain behind the technological curve. Congo ends peacefully—a goal to which slow and has benefitted ruling party in- The Justice Department has wasted the the administration has staked consid- siders. taxpayers’ money and attacked the interests erable political capital during ‘‘the It is critical that the United States of consumers, from the case’s inception to month of Africa’’ at the United Na- be clear about its support for peaceful the intentional failure of government law- tions. Thus, President Mugabe has pre- democratic transition in Zimbabwe. yers to settle the case to the reckless break- sented us with a ludicrous choice be- That fact must be communicated to up scheme it hatched to punish Microsoft. tween support for democracy in the Zimbabwean government in no un- The suit is a deliberate attempt by the gov- ernment to circumvent the economic author- Zimbabwe and the chance to prevent certain terms, and to the Zimbabwean ity of consumers and entrepreneurs in the Kabila from plunging Congo back into people. They should know that we back free market. It seems the least the federal full scale war. The United States is fro- them in their struggle for democracy. government could show the American people zen lest we provoke them. But it must be more than just words. would be a little bit of hospitality and com- Relatively small Zimbabwe’s ability The United States should be prepared mon sense on this issue.∑ to direct the fate of Congo and the en- to meet the needs of those fighting for tire central African region is testa- democracy, and to be there to assist By Mr. FRIST (for himself and ment to its weight on the continent them should they have the opportunity Mr. FEINGOLD): and why its internal chaos is reason for to govern. S. 2677. A bill to restrict assistance great concern. Zimbabwe can be a force Mr. President, to that end, Senators until certain conditions are satisfied for good or bad in southern Africa, the FEINGOLD and HELMS have joined me in and to support democratic and eco- region which will in turn, drive either introducing the Zimbabwe Democracy nomic transition in Zimbabwe; to the the progress or further demise of the Act. The legislation contains several Committee on Foreign Relations. entire continent south of the Sahara. critical democratic support mecha- LEGISLATION TO PROMOTE POLITICAL AND Zimbabwe is currently a driving force nisms which we should act quickly to ECONOMIC REFORM IN ZIMBABWE for its demise. The best chance to re- put in place. ∑ Mr. FRIST. Mr. President, on its sur- verse that is through support for the First, it unequivocally states the pol- face, the turmoil and death toll of democratic forces challenging a leader icy of the United States is to support Zimbabwe’s brutal farm invasions is an whose increasingly destructive acts im- the people of Zimbabwe in their strug- economic and racial battle. At its core, peril the continent. The United States’ gles to effect peaceful, democratic it is an engineered effort to distract policy imperative in Zimbabwe could change, achieve broad-based and equi- from the government’s assault on a be- not be clearer, but we are seemingly table economic growth, and restore the sieged democratic opposition move- unprepared to take the necessary steps rule of law. ment. The crisis in Zimbabwe has pro- to aggressively defend democracy and It suspends bilateral assistance to found implications for Africa far be- our national interests. the government of Zimbabwe; suspends yond the killings and lawlessness nec- First, the United States must be will- any debt reduction measures for the essary to sustain it. It has the poten- ing to ‘‘decouple’’ our support for de- government of Zimbabwe; and in- tial to fundamentally compromise the mocracy in Zimbabwe from the war in structs the U.S. executive directors of future of the entire region and the Congo. As in any hostage situation, the multilateral lending institutions to United States’ most basic interests you never let the captor dictate the vote against the extension of any cred- there. But it is a crisis which we are terms. That will require commitment it or benefits to the government of ill-prepared to address, and time is not of considerable political capital and Zimbabwe until rule of law and demo- on our side. diplomatic muscle. It will require tak- cratic institutions are restored. President Robert Mugabe’s orches- ing some necessary risks. It includes explicit exceptions for hu- tration and blessing of the invasions of Second, the United States should not manitarian, health and democracy sup- predominantly white-owned commer- wait until after ballots are cast for par- port programs. It authorizes a legal as- cial farms—the backbone of liament on June 24 and 25 to declare sistance fund for individuals and insti- Zimbabwe’s export economy—by so- whether the elections were ‘‘free and tutions which are suffering under the called war veterans is actually a fair’’ or even ‘‘flawed but representa- breakdown of rule of law. The legal fees shrewd maneuver to disguise behind tive.’’ The government’s attempt to for torture victims, independent media the veil of a racial drama his relentless steal the election now through vio- supporting free speech and other demo- attack on the democratic institutions lence, intimidation, and brazen manip- cratic institutions challenging election and rule of law in Zimbabwe. By suc- ulation of procedures are in daily news results or undemocratic laws can be cessfully casting the issue as one of reports. Silence on that point makes us paid from the funds. race rather than his own lawlessness. accomplices in its attempts to main- It provides new authority for broad- President Mugabe has paralyzed the tain its grip on power and false pre- casting of objective and reliable news very forces which should otherwise call tense of democracy. More insidious, the to listeners in Zimbabwe. his bluff. world is helping to pave the way for It doubles next year’s funding for de- Most notable among the paralyzed the same deception and violence in the mocracy programs in Zimbabwe. are other African heads of state—and critical 2002 presidential elections by It expresses the sense of the Senate Kofi Annan. The deliberate introduc- essentially demonstrating how little that the United States should support tion of a racial element to the con- we expect when it comes to democracy election observers to the parliamen- troversy has left them in an untenable in Africa. It stands in shameful con- tary and presidential elections. position: if they dare criticize behavior trast to our expectations and actions It prepares the United States to act they find outrageous or even dan- in South Africa in 1994. decisively to support democracy. If the gerous, they would seemingly side Third, we must explicitly link inter- President certifies to Congress that against black Africans on behalf of national financial support and coopera- rule of law has been restored, freedom ‘‘colonial’’ whites. Thus neighboring tion with Zimbabwe to the fate of its of speech and association is respected,

VerDate Mar 15 2010 22:45 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06JN0.REC S06JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4574 CONGRESSIONAL RECORD — SENATE June 6, 2000 free elections have been conducted, LEGISLATION REGARDING THE VOICE OF SECTION 1. AVAILABILITY OF CERTAIN MATE- Zimbabwe is pursuing an equitable and AMERICA/AFRICA ARCHIVES RIALS OF THE VOICE OF AMERICA. legal land reform program, and the ∑ Mr. BIDEN. Mr. President, today I (a) AUTHORITY.— am introducing, along with Senator (1) IN GENERAL.—Subject to the provisions army is under civilian control, a series of this Act, the Broadcasting Board of Gov- BOXER, a bill to authorize the Broad- of programs to support democratic ernors (in this Act referred to as the transition and aggressively promote casting Board of Governors to make ‘‘Board’’) is authorized to make available to economic recovery are initiated: available to a private entity archival the Institute for Media Development (in this Suspended assistance is restored. materials from the Africa Division of Act referred to as the ‘‘Institute’’), at the re- the Voice of America. This bill is also The Secretary of Treasury is directed quest of the Institute, previously broadcast being introduced today in the other audio and video materials produced by the to undertake a review of Zimbabwe’s body by Representative CYNTHIA Africa Division of the Voice of America. bilateral debt for the purposes of elimi- MCKINNEY, who initiated this proposal (2) DEPOSIT OF MATERIALS.—Upon the re- nation of that debt to the greatest ex- and asked me to introduce the Senate quest of the Institute and the approval of the tent possible. version of the bill. Board, materials made available under para- It directs the U.S. executive directors The bill authorizes the Broadcasting graph (1) may be deposited with the Univer- at the multilateral institutions to pro- Board of Governors to make available sity of California, Los Angeles, or such other appropriate institution of higher education pose and support programs for the to the Institute for Media Develop- elimination of Zimbabwe’s multilateral (as defined in section 101(a) of the Higher ment, a non-profit organization, archi- Education Act of 1965 (20 U.S.C. 1001(a)) that debt, and that those institutions ini- val materials of the Africa Division of is approved by the Board for such purpose. tiate programs to support rapid eco- the Voice of America (VOA). These ma- (3) SUPERSEDES EXISTING LAW.—Materials nomic recovery and the stabilization of terials, currently stored at the VOA in made available under paragraph (1) may be the Zimbabwe dollar. analog form, will be put into modern provided notwithstanding section 501 of the It allocates an initial US$16 million digital form and made available to United States Information and Educational for alternative land reform programs scholars through the University of Exchange Act of 1948 (22 U.S.C. 1461) and sec- under the Inception Phase of the Land California, Los Angeles, and any other tion 208 of the Foreign Relations Authoriza- institution of higher learning approved tion Act, Fiscal Years 1986 and 1987 (22 U.S.C. Reform and Resettlement Program— 1461–1a). including acquisition and resettlement by the Board. (b) LIMITATIONS.— costs. I believe this is a very useful public- (1) AUTHORIZED PURPOSES.—Materials made It directs the establishment of a private partnership that will result in available under this Act shall be used only ‘‘Southern Africa Finance Center’’ in a positive benefit to scholars of African for academic and research purposes and may Zimbabwe which will serve as a joint studies. As I am sure my colleagues are not be used for public or commercial broad- office for the Export-Import Bank, the aware, the Voice of America is not cast purposes. (2) PRIOR AGREEMENT REQUIRED.—Before Overseas Private Investment Corpora- broadcast in the United States. Pro- grams which may be of interest to stu- making available materials under subsection tion, and the Trade Development Agen- (a)(1), the Board shall enter into an agree- cy to pursue, facilitate and underwrite dents and scholars of African politics, history, literature and foreign policy ment with the Institute providing for— American private investment in (A) reimbursement of the Board for any ex- are often inaccessible. Moreover, there Zimbabwe and the region. penses involved in making such materials is no systematic means, much less the available; Mr. President, the future stability of funds, to make such archival material Zimbabwe is in the United States na- (B) the establishment of guidelines by the available. And once the programs are Institute for the archiving and use of the tional interest. That future is depend- aired, there is no guarantee that the materials to ensure that copyrighted works ent on the viability of the democratic analog tape on which they are recorded contained in those materials will not be used legal and economic institutions in will be preserved. History may literally in a manner that would violate the copyright Zimbabwe which are currently under be lost, if news shows and interviews laws of the United States (including inter- assault. It is clear that the United with prominent figures in various Afri- national copyright conventions to which the States must support those individuals can countries are not preserved. Stor- United States is a party); (C) the indemnification of the United and institutions, both during the cur- ing these recordings in a central ar- rent assaults and especially if they States by the Institute in the event that any chive should prove invaluable in years use of the materials results in violation of gain in elections. to come. the copyright laws of the United States (in- This legislation offers clear support There will be no cost to the U.S. Gov- cluding international copyright conventions for democratic institutions and the ernment. The bill requires that the to which the United States is a party); rule of law now, and it provides aggres- government be reimbursed for any ex- (D) the authority of the Board to termi- sive future United States economic and penses it incurs in making such mate- nate the agreement if the provisions of para- institutional support for a transition rials available, and for the indem- graph (1) are violated; and to democracy, including real land re- nification of the government in the (E) any other terms and conditions relat- form based on equitable distribution event that the materials are used in a ing to the materials that the Board considers manner that violates the copyright appropriate. and title to the land. (c) CREDITING OF REIMBURSEMENTS TO laws of the United States. I would not In the end, President Mugabe may BOARD APPROPRIATIONS ACCOUNT.—Any reim- simply dismiss all international and in- anticipate that such copyright viola- bursement of the Board under subsection (b) ternal pressure. He has both the power tions will occur, because the bill also shall be deposited as an offsetting collection to do so and increasingly seems to have makes clear that materials made avail- to the currently applicable appropriation ac- the inclination, despite the costs. Even able may be used only for academic and count of the Board. so, the United States cannot be intimi- research purposes and may not be used SEC. 2. TERMINATION OF AUTHORITY. dated or compromised. We must act de- for public or commercial broadcast The authority provided under this Act cisively and quickly to support the purposes. shall cease to have effect on the date that is I am pleased that the chairman of 5 years after the date of enactment of this democratic institutions upon which he the Committee on Foreign Relations Act.∑ is waging war. It is upon the fate of has agreed to place this legislation on those institutions and individuals the agenda of the committee later this By Ms. SNOWE: which so much of Africa’s future de- S. 2683. A bill to deauthorize a por- ∑ week. I hope the Committee, and then pends. the full Senate, will give its approval. tion of the project for navigation, I ask unanimous consent that the bill Kennebunk River, Maine; to the Com- By Mr. BIDEN (for himself and be printed at this point in the RECORD. mittee on Environment and Public Mrs. BOXER): There being no objection, the bill was Works. S. 2682. A bill to authorize the Broad- ordered to be printed in the RECORD, as casting Board of Governors to make follows: By Ms. SNOWE: available to the Institute for Medial S. 2682 S. 2684. A bill to redesignate and re- Development certain materials of the Be it enacted by the Senate and House of Rep- authorize as anchorage certain por- Voice of America; to the Committee on resentatives of the United States of America in tions of the project for navigation, Foreign Relations. Congress assembled, Narraguagus River, Milbridge, Maine;

VerDate Mar 15 2010 22:45 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06JN0.REC S06JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 6, 2000 CONGRESSIONAL RECORD — SENATE S4575 to the Committee on Environment and born on June 14th, 1775. On the town Mr. THURMOND. Mr. President, I Public Works. square of Cambridge, Massachusetts, a thank the Senator for his kind words. I LEGISLATION REGARDING MAINE RIVER small group of American colonists would do it again, if necessary. NAVIGATION PROJECTS came together to form an army, under Mr. DURBIN. There is no doubt in ∑ Ms. SNOWE. Mr. President, I rise the authority of the Continental Con- the mind of any Member of the Senate today to introduce two bills that are gress. This June 14th, we will look that Senator THURMOND would volun- important to my State of Maine. The back over those 225 years and see clear- teer again, as he just promised that he first piece of legislation pertains to the ly that the forming of the colonial would. I thank the Senator again. Narraguagus River dredge in Milbridge Army was the prelude to the birth of S.J. RES. 46 and will reauthorize former Corps our nation. As the Army’s slogan for Whereas on June 14, 1775, the Second Con- project areas so as to design a portion this commemoration says, it was the tinental Congress, representing the citizens of the 11-foot channel as anchorage. ‘‘Birth of an army and the birth of free- of 13 American colonies, authorized the es- The town has provided the Corps with dom.’’ tablishment of the Continental Army; Like Members of this body, to be a Whereas the collective expression of the harbor use data that indicates that the pursuit of personal freedom that caused the 11-foot channel need only be dredged to soldier is to believe in something other than what we can achieve for ourselves authorization and organization of the United 9 feet. States Army led to our Nation’s Declaration I have already requested $30,000 for as individuals. I am proud to help cele- of Independence and the codification of our FY01 Energy and Water appropriations brate the Army birthday, marking basic principles and values in the Constitu- to complete plans and specifications more than two centuries of selfless tion of the United States; for a maintenance dredge of the 11-, 9- service to the United States of Amer- Whereas for the past 225 years, our Army’s and 6-foot channel from Narraguagus ica. More than 42 million Americans central purpose has been to fight and win wars that were typically fought and won on Bay to the town landings and the 6-foot have raised their right hands to take an oath, both in times of crisis and in distant, foreign battlefields, while at home, anchorages in Milbridge. The project the Army provided for the Nation’s security; serves the important commercial fish- times of peace. Whereas whatever the mission, the Nation ing and lobstering fleet, acquaculture As I introduce this resolution, I ask turns to its Army for decisive victory, re- that each of you please join me next operations, and fish packing facility, gardless of whether those are measured in month to extend the heartfelt thanks and a small recreational fleet. the defeat of foreign Army forces or the The second bill concerns the of this Congress to each and every sol- timely delivery of humanitarian assistance at home or abroad; Kennebunk River in Kennebunkport dier for their outstanding service to our nation! Whereas the 172 battle streamers carried that deauthorizes a small elongated Mr. President, I ask unanimous con- on the Army’s flag are testament to the section of the Federal Navigation sent that the text of the joint resolu- valor, commitment, and sacrifice of those Channel. Not only would this allow who have served and fought under its banner; tion be printed in the RECORD. much needed moorings from a nearby Whereas Valley Forge, New Orleans, Mex- There being no objection, the joint ico City, Gettysburg, Verdun, Bataan, Nor- marina to remain where they have resolution was ordered to be printed in been positioned, but most importantly, mandy, Pusan, Ia Drang Valley, Grenada, the RECORD, as follows: Panama, and Kuwait are but a few of the the deauthorization would be the last Mr. DURBIN. Mr. President, I want places where American soldiers have won ex- piece needed so that the important to take a moment to note that Senator traordinary distinction and respect for our dredge project can go forward. THURMOND, who took the floor and in- Nation and our Army; This is a very active channel, Mr. troduced a joint resolution com- Whereas ‘‘Duty, Honor, Country’’ are more President, and the dredge is extremely mending our Armed Forces, is someone than mere words, they are the creed by which the American soldier lives and serves; important for the safe passage not only who should also be commended person- for fishermen, but also for the tour Whereas while no one can predict the ally today. This is the 56th anniversary cause, location, or magnitude of future bat- boats, transporting up to 150 people, of Senator THURMOND’s landing in the tles, there is one certainty — American sol- which go in and out of the busy harbor D–Day invasion. diers of character, selflessly serving the Na- area throughout the spring, summer As we consider the construction of tion, will continue to be the credentials of and fall months. Anyone who has been the museum in New Orleans, LA, to our Army; to the ‘‘Port’’ during the heavy tourist pay tribute to those soldiers and all Whereas the Army is prepared to answer season can tell you it is a very popular those involved in the D–Day invasion, the Nation’s call, and such calls have been attraction, particularly the tour boat we should take a moment on the floor increasing in number and disparity in recent years; trips that take tourists out past the of the Senate to pay tribute to our col- Whereas the threats are less distinct and breakwater for a view of the Maine league from South Carolina, who had less predictable than the past, but more com- coastline. The New England District such a distinguished career in the mili- plex and just as real and dangerous; Corps has given its approval for the de- tary. It is almost inconceivable to Whereas our Army, the world’s most capa- authorization as has the town and the think he was there as a volunteer to fly ble and respected ground force, is in the Joint River Commission. a glider into the D–Day invasion—prob- midst of an unparalleled transformation as it I look forward to the speedy passage ably one of the more dangerous assign- prepares for the new challenges of the next century and a different world; of these two non-controversial bills ments of the men and women in uni- Whereas future forces will be prepared to separately and to support their inclu- form who made that invasion such a conduct quick, decisive, highly sophisticated sion into legislation reauthorizing the success. The fact that he is here today operations anywhere, anytime; and Water Resources Development Act, or is a tribute to not only his longevity, Whereas our Army will be ready to fight WRDA, for which passage is being con- but his continued dedication to this and win our Nation’s call to service at home sidered in this Congress.∑ country. and abroad: Now, therefore, be it On behalf of a generation—frankly, I Resolved by the Senate and House of Rep- By Mr. THURMOND: wasn’t born when that occurred but resentatives of the United States of America in S.J. Res. 46. A joint resolution com- Congress assembled, That Congress— have been the beneficiary of that vic- (1) recognizes the valor, commitment, and memorating the 225th birthday of the tory—I say to my colleague from South sacrifice that American soldiers have made United States Army; to the Committee Carolina that we are in deepest debt to throughout the history of the Nation; on the Judiciary. him for his personal service to this (2) commends the United States Army and COMMEMORATING JUNE 6, 2000, AS THE UNITED country, and for his courage in partici- American soldiers for 225 years of selfless STATES ARMY’S 225TH BIRTHDAY pating in that D–Day invasion. I com- service; and Mr. THURMOND. Mr. President, mend not only him but also all of those (3) calls upon the President to issue a proc- today on the anniversary of D–Day, who made that invasion such a success, lamation recognizing the 225th birthday of June 6th, 1944, I have the great privi- and hope that on this 56th anniversary the United States Army and calling upon the people of the United States to observe that lege to introduce a joint resolution all of the people involved, and their anniversary with appropriate ceremonies and honoring the United States Army on families who waited expectantly to activities. its 225th birthday. hear the results of that invasion, will Before there was a United States of be remembered in the thoughts and By Mr. SMITH of New Hamp- America, there was an American Army, prayers of every American family. shire:

VerDate Mar 15 2010 22:45 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06JN0.REC S06JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4576 CONGRESSIONAL RECORD — SENATE June 6, 2000 S.J. Res. 47. A joint resolution dis- nam by allowing U.S. tax dollars to ERTS) was added as a cosponsor of S. approving the extension of the waiver subsidize business operations in Hanoi, 1110, a bill to amend the Public Health authority contained in section 402(c) of while at the same time their leaders Service Act to establish the National the Trade Act of 1974 with respect to hold back key POW/MIA records from Institute of Biomedical Imaging and Vietnam; to the Committee on Fi- the war, is a disgrace to the men and Engineering. nance. women who valiantly served our coun- S. 1159 LEGISLATION REGARDING THE TRADE ACT OF 1974 try and were honored just last week on At the request of Mr. STEVENS, the WITH RESPECT TO VIETNAM Memorial Day. This Presidential waiv- names of the Senator from New Mexico ∑ Mr. SMITH of New Hampshire. Mr. er should be overturned by the Con- (Mr. DOMENICI), the Senator from Geor- President, I rise to introduce a resolu- gress, as is our right under the law.∑ gia (Mr. CLELAND), the Senator from tion concerning our trade relationship f Maryland (Ms. MIKULSKI), and the Sen- with the Socialist Republic of Viet- ator from West Virginia (Mr. ROCKE- nam. On June 2, 2000, the President of ADDITIONAL COSPONSORS FELLER) were added as cosponsors of S. the United States formally rec- S. 459 1159, a bill to provide grants and con- ommended a waiver of the application At the request of Mr. BAUCUS, his tracts to local educational agencies to of the Trade Act of 1974 with respect to name was added as a cosponsor of S. initiate, expand, and improve physical Vietnam. I am deeply troubled by the 459, a bill to amend the Internal Rev- education programs for all kinder- President’s decision to grant this waiv- enue Code of 1986 to increase the State garten through 12th grade students. er in light of Vietnam’s continuing ceiling on private activity bonds. poor record on human rights. One need S. 1227 S. 620 only look at the 1999 U.S. State De- At the request of Mr. L. CHAFEE, the At the request of Mr. SARBANES, the partment report on human rights prac- name of the Senator from Minnesota name of the Senator from Maine (Ms. tices in Vietnam to recognize that the (Mr. WELLSTONE) was added as a co- COLLINS) was added as a cosponsor of S. Vietnamese Government once again sponsor of S. 1227, a bill to amend title 620, a bill to grant a Federal charter to has failed to meet recognized standards IV of the Personal Responsibility and Korean War Veterans Association, In- with respect to such fundamental Work Opportunity Reconciliation Act corporated, and for other purposes. rights as freedom of emigration, free- of 1996 to provide States with the op- dom of speech and freedom of religion, S. 656 tion to allow legal immigrant pregnant to name only a few, which are so often At the request of Mr. REED, the women and children to be eligible for taken for granted in our great country. names of the Senator from Rhode Is- medical assistance under the medical I would like to quote from this re- land (Mr. L. CHAFEE) and the Senator program, and for other purposes. vealing report to emphasize my point. from Louisiana (Ms. LANDRIEU) were S. 1446 The State Department declared the fol- added as cosponsors of S. 656, a bill to At the request of Mr. LOTT, the name lowing regarding Vietnam: ‘‘The Gov- provide for the adjustment of status of of the Senator from Arizona (Mr. KYL) ernment’s human rights record re- certain nationals of Liberia to that of was added as a cosponsor of S. 1446, a mained poor; . . . and serious problems lawful permanent residence. bill to amend the Internal Revenue remain . . . The Government continued S. 784 Code of 1986 to allow an additional ad- to repress basic political and some reli- At the request of Mr. ROCKEFELLER, vance refunding of bonds originally gious freedoms and to commit numer- the names of the Senator from Indiana issued to finance governmental facili- ous abuses . . . the Government arbi- (Mr. LUGAR) and the Senator from ties used for essential governmental trarily arrested and detained citizens, Rhode Island (Mr. REED) were added as functions. including detention for peaceful ex- cosponsors of S. 784, a bill to establish S. 1487 pression of political and religious views a demonstration project to study and At the request of Mr. AKAKA, the . . . The Government significantly re- provide coverage of routine patient names of the Senator from Massachu- stricts freedom of speech, the press, as- care costs for medicare beneficiaries setts (Mr. KERRY), the Senator from sembly, and association . . . The Gov- with cancer who are enrolled in an ap- Idaho (Mr. CRAPO), and the Senator ernment restricts freedom of religion proved clinical trial program. from Illinois (Mr. DURBIN) were added and significantly restricts the oper- S. 818 as cosponsors of S. 1487, a bill to pro- ation of religious organizations other At the request of Mr. DEWINE, the vide for excellence in economic edu- than those entities approved by the name of the Senator from South Caro- cation, and for other purposes. State . . . Citizens’ access to passports lina (Mr. THURMOND) was added as a co- S. 1709 frequently was constrained by factors sponsor of S. 818, a bill to require the At the request of Mr. KYL, the name outside the law, such as bribery and Secretary of Health and Human Serv- of the Senator from Texas (Mr. GRAMM) corruption. Refugee and immigrant ices to conduct a study of the mor- was added as a cosponsor of S. 1709, a visa applicants sometimes encountered tality and adverse outcome rates of bill to provide Federal reimbursement local officials who arbitrarily delayed medicare patients related to the provi- for indirect costs relating to the incar- or denied passports based on personal sion of anesthesia services. ceration of illegal aliens and for emer- animosities or on the officials’ percep- S. 1016 gency health services furnished to un- tion that an applicant did not meet At the request of Mr. DEWINE, the documented aliens. program criteria or in order to extort a name of the Senator from North Da- bribe.’’ The list of violations outlined S. 1716 kota (Mr. DORGAN) was added as a co- by our State Department goes on, but I At the request of Mr. TORRICELLI, the sponsor of S. 1016, a bill to provide col- will stop here. name of the Senator from Connecticut Mr. President, the resolution I have lective bargaining for rights for public (Mr. DODD) was added as a cosponsor of introduced keeps faith with the origi- safety officers employed by States or S. 1716, a bill to amend the Federal In- nal Congressional intent of the Trade their political subdivisions. secticide, Fungicide, and Rodenticide Act of 1974. Our dedication to funda- S. 1020 Act to require local educational agen- mental human rights must be resolute, At the request of Mr. GRASSLEY, the cies and schools to implement inte- even when it means one powerful inter- name of the Senator from Minnesota grated pest management systems to est group or another does not get its (Mr. GRAMS) was added as a cosponsor minimize the use of pesticides in way. Unfortunately, the President’s de- of S. 1020, a bill to amend chapter 1 of schools and to provide parents, guard- cision to grant this waiver once again title 9, United States Code, to provide ians, and employees with notice of the undermines the United States’ long- for greater fairness in the arbitration use of pesticides in schools, and for standing dedication to human rights process relating to motor vehicle fran- other purposes. and sends a message to the rest of the chise contracts. S. 1717 world that the United States is more S. 1110 At the request of Mr. BOND, the interested in profits over principles. At the request of Mr. LOTT, the name names of the Senator from Missouri Finally, rewarding Communist Viet- of the Senator from Kansas (Mr. ROB- (Mr. ASHCROFT) and the Senator from

VerDate Mar 15 2010 22:45 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06JN0.REC S06JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 6, 2000 CONGRESSIONAL RECORD — SENATE S4577 Alabama (Mr. SHELBY) were added as SNOWE) was added as a cosponsor of S. S. 2322 cosponsors of S. 1717, a bill to amend 2062, a bill to amend chapter 4 of title At the request of Mr. MCCAIN, the title XXI of the Social Security Act to 39, United States Code, to allow postal name of the Senator from Massachu- provide for coverage of pregnancy-re- patrons to contribute to funding for setts, (Mr. KERRY) was added as a co- lated assistance for targeted low-in- organ and tissue donation awareness sponsor of S. 2322, a bill to amend title come pregnant women. through the voluntary purchase of cer- 37, United States Code, to establish a S. 1805 tain specially issued United States special subsistence allowance for cer- At the request of Mr. KENNEDY, the postage stamps. tain members of the uniformed services name of the Senator from North Da- S. 2078 who are eligible to receive food stamp kota (Mr. DORGAN) was added as a co- At the request of Mr. BUNNING, the assistance, and for other purposes. sponsor of S. 1805, a bill to restore food name of the Senator from New Mexico, S. 2330 stamp benefits for aliens, to provide (Mr. BINGAMAN) was added as a cospon- At the request of Mr. ROTH, the name States with flexibility in administering sor of S. 2078, a bill to authorize the of the Senator from Maine (Ms. COL- the food stamp vehicle allowance, to President to award a gold medal on be- LINS) was added as a cosponsor of S. index the excess shelter expense deduc- half of Congress to Muhammad Ali in 2330, a bill to amend the Internal Rev- tion to inflation, to authorize addi- recognition of his outstanding athletic enue Code of 1986 to repeal the excise tional appropriations to purchase and accomplishments and enduring con- tax on telephone and other commu- make available additional commodities tributions to humanity, and for other nication services. under the emergency food assistance purposes. S. 2357 program, and for other purposes. S. 2084 At the request of Mr. REID, the name S. 1851 At the request of Mr. LUGAR, the of the Senator from North Dakota (Mr. At the request of Mr. CAMPBELL, the name of the Senator from Michigan CONRAD) was added as a cosponsor of S. name of the Senator from Iowa (Mr. (Mr. LEVIN) was added as a cosponsor of GRASSLEY) was added as a cosponsor of S. 2084, a bill to amend the Internal 2357, a bill to amend title 38, United S. 1851, a bill to amend the Elementary Revenue Code of 1986 to increase the States Code, to permit retired mem- and Secondary Education Act of 1965 to amount of the charitable deduction al- bers of the Armed Forces who have a ensure that seniors are given an oppor- lowable for contributions of food inven- service-connected disability to receive tunity to serve as mentors, tutors, and tory, and for other purposes. military retired pay concurrently with veterans’ disability compensation. volunteers for certain programs. S. 2274 S. 1883 At the request of Mr. GRASSLEY, the S. 2365 At the request of Mr. BINGAMAN, the names of the Senator from North Da- At the request of Ms. COLLINS, the names of the Senator from Wisconsin kota (Mr. DORGAN), the Senator from name of the Senator from Virginia (Mr. (Mr. FEINGOLD) and the Senator from Missouri (Mr. BOND), the Senator from WARNER) was added as a cosponsor of S. Vermont (Mr. LEAHY) were added as co- Florida (Mr. GRAHAM), and the Senator 2365, a bill to amend title XVII of the sponsors of S. 1883, a bill to amend title from Hawaii (Mr. AKAKA) were added as Social Security Act to eliminate the 15 5, United States Code, to eliminate an cosponsors of S. 2274, a bill to amend percent reduction in payment rates inequity on the applicability of early title XIX of the Social Security Act to under the prospective payment system retirement eligibility requirements to provide families and disabled children for home health services. military reserve technicians. with the opportunity to purchase cov- S. 2390 S. 1900 erage under the medicaid program for At the request of Mr. DEWINE, the At the request of Mr. LAUTENBERG, such children. name of the Senator form Nebraska the name of the Senator from Iowa 2308 (Mr. HAGEL) was added as a cosponsor (Mr. HARKIN) was added as a cosponsor At the request of Mr. MOYNIHAN, the of S. 2390, a bill to establish a grant of S. 1900, a bill to amend the Internal name of the Senator from North Caro- program that provides incentives for Revenue Code of 1986 to allow a credit lina (Mr. HELMS) was added as a co- States to enact mandatory minimum to holders of qualified bonds issued by sponsor of S. 2308, a bill to amend title sentences for certain firearms offenses, Amtrak, and for other purposes. XIX of the Social Security Act to as- and for other purposes. S. 1941 sure preservation of safety net hos- S. 2408 At the request of Mr. DODD, the name pitals through maintenance of the At the request of Mr. BINGAMAN, the of the Senator from Montana (Mr. Medicaid disproportionate share hos- names of the Senator from New Mexico BURNS) was added as a cosponsor of S. pital program. (Mr. DOMENICI) and the Senator from 1941, a bill to amend the Federal Fire S. 2311 Texas (Mrs. HUTCHISON) were added as Prevention and Control Act of 1974 to At the request of Mr. JEFFORDS, the cosponsors of S. 2408, a bill to authorize authorize the Director of the Federal names of the Senator from Texas (Mrs. the President to award a gold medal on Emergency Management Agency to HUTCHISON), the Senator from Oregon behalf of the Congress to the Navajo provide assistance to fire departments (Mr. SMITH), the Senator from Missouri Code Talkers in recognition of their and fire prevention organizations for (Mr. BOND), the Senator from Pennsyl- contributions to the Nation. the purpose of protecting the public vania (Mr. SANTORUM), and the Senator S. 2413 and firefighting personnel against fire from Maine (Ms. SNOWE) were added as and fire-related hazards. cosponsors of S. 2311, supra. At the request of Mr. LEAHY, the S. 2003 At the request of Mr. LEAHY, his name of the Senator from North Caro- At the request of Mr. JOHNSTON, the name was added as a cosponsor of S. lina (Mr. EDWARDS) was added as a co- names of the Senator from Missouri, 2311, supra. sponsor of S. 2413, a bill to amend the (Mr. ASHCROFT) and the Senator from At the request of Mr. KENNEDY, the Omnibus Crime Control and Safe Maine (Ms. COLLINS) were added as co- names of the Senator from California Streets Act of 1968 to clarify the proce- sponsors of S. 2003, a bill to restore (Mrs. BOXER) and the Senator from dures and conditions for the award of health care coverage to retired mem- West Virginia (Mr. ROCKEFELLER) were matching grants for the purchase of bers of the uniformed services. added as cosponsors of S. 2311, a bill to armor vests. S. 2061 revise and extend the Ryan White At the request of Mr. CAMPBELL, the At the request of Mr. BIDEN, the CARE Act programs under title XXVI name of the Senator from Texas (Mrs. name of the Senator from Massachu- of the Public Health Service Act, to HUTCHISON) was added as a cosponsor of setts (Mr. KENNEDY) was added as a co- improve access to health care and the S. 2413, supra. sponsor of S. 2061, a bill to establish a quality of health care under such pro- S. 2459 crime prevention and computer edu- grams, and to provide for the develop- At the request of Mr. MOYNIHAN, the cation initiative. ment of increased capacity to provide name of the Senator from Virginia (Mr. S. 2062 health care and related support serv- ROBB) was added as a cosponsor of S. At the request of Mr. DEWINE, the ices to individuals and families with 2459, a bill to provide for the award of name of the Senator from Maine (Ms. HIV disease, and for other purposes. a gold medal on behalf of the Congress

VerDate Mar 15 2010 22:45 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06JN0.REC S06JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4578 CONGRESSIONAL RECORD — SENATE June 6, 2000 to former President Ronald Reagan and S. 2617 and low-income individuals in medi- his wife Nancy Reagan in recognition At the request of Mr. BAUCUS, the cally under served areas be increased in of their service to the Nation. name of the Senator from Vermont order to double access to care over the S. 2514 (Mr. LEAHY) was added as a cosponsor next 5 years. of S. 2617, a bill to lift the trade embar- At the request of Mr. GRAMS, the f go on Cuba, and for other purposes. name of the Senator from Arizona (Mr. SENATE CONCURRENT RESOLU- S. 2621 MCCAIN) was added as a cosponsor of S. TION 119—COMMENDING THE RE- At the request of Mr. FEINGOLD, the 2514, a bill to improve benefits for PUBLIC OF CROATIA FOR THE name of the Senator from Minnesota members of the reserve components of CONDUCT OF ITS PARLIAMEN- (Mr. WELLSTONE) was added as a co- the Armed Forces and their depend- TARY AND PRESIDENTIAL ELEC- ants. sponsor of S. 2621, a bill to continue the TIONS current prohibition of military co- S. 2519 operation with the armed forces of the Mr. GORTON (for himself, Mr. FEIN- At the request of Mr. VOINOVICH, the Republic of Indonesia until the Presi- GOLD, Mr. ABRAHAM, Mrs. HUTCHISON, name of the Senator from Minnesota dent determines and certifies to the Mr. LIEBERMAN, and Mr. SESSIONS) sub- (Mr. WELLSTONE) was added as a co- Congress that certain conditions are mitted the following concurrent resolu- sponsor of S. 2519, a bill to authorize being met. tion; which was referred to the Com- compensation and other benefits for mittee on Foreign Relations: S. 2625 employees of the Department of En- S. CON. RES. 119 ergy, its contractors, subcontractors, At the request of Ms. COLLINS, the names of the Senator from Missouri Whereas the fourth Croatian parliamen- and certain vendors who sustain illness tary elections, held on January 3, 2000, or death related to exposure to beryl- (Mr. ASHCROFT), the Senator from Mis- marked Croatia’s progress toward meeting lium, ionizing radiation, silica, or haz- souri (Mr. BOND) and the Senator from its commitments as a participating state of ardous substances in the performance Wyoming (Mr. ENZI) were added as co- the Organization on Security and Coopera- of their duties, and for other purposes. sponsors of S. 2625, a bill to amend the tion in Europe (OSCE) and as a member of Public Health Service Act to revise the the Council of Europe; S. 2585 performance standards and certifi- Whereas Croatia’s third presidential elec- At the request of Mr. GRAHAM, the cation process for organ procurement tions were conducted smoothly and profes- names of the Senator from New York sionally and concluded on February 7, 2000, organizations. with the landslide election of Stipe Mesic as (Mr. MOYNIHAN), the Senator from Min- S. CON. RES. 53 the new President of the Republic of Croatia; nesota (Mr. WELLSTONE), the Senator At the request of Mrs. FEINSTEIN, the Whereas the free and fair elections in Cro- from New York (Mr. SCHUMER), and the names of the Senator from Michigan atia, and the following peaceful and orderly Senator from Maryland (Mr. SARBANES) transfer of power from the old government to (Mr. ABRAHAM) and the Senator from were added as cosponsors of S. 2585, a the new, is an example of democracy to the Minnesota (Mr. WELLSTONE) were added bill to amend titles IV and XX of the people of other nations in the region and a as cosponsors of S. Con. Res. 53, a con- Social Security Act to restore funding major contribution to the democratic devel- current resolution condemning all prej- for the Social Security Block Grant, to opment of southeastern Europe; and udice against individuals of Asian and Whereas the people of Croatia have made restore the ability of the States to Pacific Island ancestry in the United clear that they want Croatia to take its transfer up to 10 percent of TANF funds States and supporting political and rightful place in the family of European de- to carry out activities under such civic participation by such individuals mocracies and to develop a closer and more block grant, and to require an annual throughout the United States. constructive relationship with the Euro-At- report on such activities by the Sec- lantic community of democratic nations: retary of Health and Human Services. S. CON. RES. 113 Now, therefore, be it At the request of Mr. MOYNIHAN, the Resolved by the Senate (the House of Rep- S. 2586 name of the Senator from Maryland resentatives concurring), That it is the sense At the request of Mrs. FEINSTEIN, the (Ms. MIKULSKI) was added as a cospon- of the Congress that— name of the Senator from Minnesota sor of S. Con. Res. 113, a concurrent (1) the people of the Republic of Croatia are to be congratulated on the successful (Mr. WELLSTONE) was added as a co- resolution expressing the sense of the elections and the outgoing Government of sponsor of S. 2586, a bill to reduce the Congress in recognition of the 10th an- backlog in the processing of immigra- Croatia is to be commended for the demo- niversary of the free and fair elections cratic standards with which it managed the tion benefit applications and to make in Burma and the urgent need to im- elections; improvements to infrastructure nec- prove the democratic and human rights (2) the United States should support the ef- essary for the effective provision of im- of the people of Burma. forts of the new Government of Croatia to migration services, and for other pur- increase its work on refugee return, privat- S. CON. RES. 118 poses. ization reform, media reform, and further co- At the request of Mr. HELMS, the operation with the International Criminal S. 2589 names of the Senator from Illinois (Mr. Tribunal for Former Yugoslavia (ICTY) to At the request of Mr. JOHNSON, the FITZGERALD) and the Senator from set an example to other countries in the re- name of the Senator from Nebraska Michigan (Mr. ABRAHAM) were added as gion; (Mr. HAGEL) was added as a cosponsor cosponsors of S. Con. Res. 118, a con- (3) the Congress strongly supports Cro- atia’s commitment to democracy and will of S. 2589, a bill to amend the Federal current resolution commemorating the Deposit Insurance Act to require peri- give its full support to the efforts of the new 60th anniversary of the execution of Government of Croatia to fully implement odic cost of living adjustments to the Polish captives by Soviet authorities democratic reforms; maximum amount of deposit insurance in April and May 1940. (4) the United States should continue to available under the Act, and for other S. RES. 260 promote Croatian-American economic, polit- purposes. ical, and military relations and to recognize At the request of Mr. BOND, the Croatia as a loyal partner in south central S. 2601 names of the Senator from Connecticut Europe; and At the request of Mr. ASHCROFT, the (Mr. DODD), the Senator from North (5) taking into consideration Croatia’s con- names of the Senator from Michigan Carolina (Mr. EDWARDS), the Senator tributions as a committed partner in the re- (Mr. ABRAHAM) and the Senator from from South Dakota (Mr. JOHNSON), and gion, the Congress recommends establishing Georgia (Mr. COVERDELL) were added as the Senator from Minnesota (Mr. a strategic partnership with the Republic of Croatia and supports the serious consider- cosponsors of S. 2601, a bill to amend WELLSTONE) were added as cosponsors ation of Croatia’s candidacy for membership the Internal Revenue Code of 1986 to of S. Res. 260, a resolution to express in the North Atlantic Treaty Organization’s exclude from the gross income of an the sense of the Senate that the Fed- Partnership for Peace program and its can- employee any employer provided home eral investment in programs that pro- didacy for accession into the World Trade computer and internet access. vide health care services to uninsured Organization.

VerDate Mar 15 2010 22:45 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06JN0.REC S06JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 6, 2000 CONGRESSIONAL RECORD — SENATE S4579 AMENDMENTS SUBMITTED SEC. 8126. Of the total amount appropriated service described in subsection (b), the Sec- by title II under the heading ‘‘AIRCRAFT PRO- retary concerned shall pay the member a CUREMENT, ARMY’’ for the procurement of C– special subsistence allowance for each month NATIONAL DEFENSE AUTHORIZA- 212 short takeoff and landing, fixed-wing air- for which the member is eligible to receive TION ACT FOR FISCAL YEAR 2001 craft, $15,000,000 may be used for the procure- food stamp assistance. ment of C–212 short takeoff and landing, ‘‘(2) In determining the eligibility of a fixed-wing aircraft for the Army National member to receive food stamp assistance for WARNER (AND OTHERS) Guard for the use of Special Forces Groups of purposes of this section, the amount of any AMENDMENT NO. 3173 the Army National Guard. special subsistence allowance paid the mem- ber under this section shall not be taken into Mr. WARNER (for himself, Mr. LOTT, AMENDMENT NO. 3175 account. Mr. HUTCHINSON, Mr. THURMOND, Mr. On page 109, between lines 11 and 12, insert ‘‘(b) COVERED MEMBERS.—An enlisted mem- INHOFE, Ms. SNOWE, Mr. KERRY, Mrs. the following: ber referred to in subsection (a) is an en- SEC. 8126. In addition to other amounts ap- HUTCHISON, and Mr. MURKOWSKI) pro- listed member in pay grade E–5 or below. propriated by title IV under the heading posed an amendment to the bill (S. ‘‘(c) TERMINATION OF ENTITLEMENT.—The ‘‘RESEARCH, DEVELOPMENT, TEST AND EVAL- entitlement of a member to receive payment 2549) to authorize appropriations for UATION, NAVY’’, there is hereby appropriated of a special subsistence allowance termi- fiscal year 2001 for military activities for the purposes under that heading nates upon the occurrence of any of the fol- of the Department of Defense, for mili- $2,000,000: Provided, That such amount shall lowing events: tary construction, and for defense ac- be available for continued design and anal- ‘‘(1) Termination of eligibility for food tivities of the Department of Energy, ysis under the reentry systems applications stamp assistance. to prescribe personnel strengths for program for the advanced technology vehi- ‘‘(2) Payment of the special subsistence al- cle. such fiscal year for the Armed Forces, lowance for 12 consecutive months. and for other purposes; as follows: ‘‘(3) Promotion of the member to a higher AMENDMENT NO. 3176 grade. Strike sections 701 through 704 and insert On page 109, between lines 11 and 12, insert ‘‘(4) Transfer of the member in a perma- the following: the following: nent change of station. SEC. 701. CONDITIONS FOR ELIGIBILITY FOR SEC. 8126. In addition to other amounts ap- ‘‘(d) REESTABLISHED ENTITLEMENT.—(1) CHAMPUS UPON THE ATTAINMENT propriated by title IV under the heading After a termination of a member’s entitle- OF 65 YEARS OF AGE. ‘‘RESEARCH, DEVELOPMENT, TEST AND EVAL- ment to the special subsistence allowance (a) ELIGIBILITY OF MEDICARE ELIGIBLE PER- UATION, DEFENSE-WIDE’’, there is hereby ap- under subsection (c), the Secretary con- SONS.—Section 1086(d) of title 10, United propriated for the purposes under that head- cerned shall resume payment of the special States Code, is amended— ing $6,000,000: Provided, That such amount subsistence allowance to the member if the (1) by striking paragraph (2) and inserting shall be available for the initial production Secretary determines, upon further applica- the following: of units of the ALGL / STRIKER to facilitate tion of the member, that the member is eli- ‘‘(2) The prohibition contained in para- early fielding of the ALGL / STRIKER to spe- gible to receive food stamps. graph (1) shall not apply to a person referred cial operations forces. ‘‘(2) Payments resumed under this sub- to in subsection (c) who— section shall terminate under subsection (c) ‘‘(A) is enrolled in the supplementary med- AMENDMENT NO. 3177 upon the occurrence of an event described in ical insurance program under part B of such On page 109, between lines 11 and 12, insert that subsection after the resumption of the title (42 U.S.C. 1395j et seq.); and the following: payments. ‘‘(B) in the case of a person under 65 years SEC. 8126. In addition to other amounts ap- ‘‘(3) The number of times that payments of age, is entitled to hospital insurance bene- propriated by title IV under the heading are resumed under this subsection is unlim- fits under part A of title XVIII of the Social ‘‘RESEARCH, DEVELOPMENT, TEST AND EVAL- ited. Security Act pursuant to subparagraph (A) UATION, NAVY’’, there is hereby appropriated ‘‘(e) DOCUMENTATION OF ELIGIBILITY.—A or (C) of section 226(b)(2) of such Act (42 for the purposes under that heading member of the uniformed services applying U.S.C. 426(b)(2)) or section 226A(a) of such $2,000,000: Provided, That such amount shall for the special subsistence allowance under Act (42 U.S.C. 426–1(a)).’’; and be available for the Marine Corps advanced this section shall furnish the Secretary con- (2) in paragraph (4), by striking ‘‘paragraph technology demonstration program for the cerned with such evidence of the member’s (1) who satisfy only the criteria specified in delivery of the prototype units of the ALGL / eligibility for food stamp assistance as the subparagraphs (A) and (B) of paragraph (2), STRIKER for testing and evaluation by the Secretary may require in connection with but not subparagraph (C) of such paragraph,’’ Marine Corps that, except for this section, the application. and inserting ‘‘subparagraph (B) of para- would otherwise be an unfunded requirement ‘‘(f) AMOUNT OF ALLOWANCE.—The monthly graph (2) who do not satisfy the condition of the Marine Corps. amount of the special subsistence allowance specified in subparagraph (A) of such para- under this section is $180. graph’’. AMENDMENT NO. 3178 ‘‘(g) RELATIONSHIP TO BASIC ALLOWANCE (b) EXTENSION OF TRICARE SENIOR PRIME On page 109, between lines 11 and 12, insert FOR SUBSISTENCE.—The special subsistence DEMONSTRATION PROGRAM.—Paragraph (4) of the following: allowance under this section is in addition to section 1896(b) of the Social Security Act (42 SEC. 8126. In addition to other amounts ap- the basic allowance for subsistence under U.S.C. 1395ggg(b)) is amended by striking ‘‘3- propriated by title III under the heading section 402 of this title. year period beginning on January 1, 1998’’ ‘‘PROCUREMENT, DEFENSE-WIDE’’, there is ‘‘(h) FOOD STAMP ASSISTANCE DEFINED.—In and inserting ‘‘period beginning on January hereby appropriated for the purposes under this section, the term ‘food stamp assist- 1, 1998, and ending on December 31, 2002’’. that heading $7,000,000: Provided, That such ance’ means assistance under the Food (c) EFFECTIVE DATES.—(1) The amendments amount shall be available for the procure- made by subsection (a) shall take effect on ment of the integrated bridge system for spe- Stamp Act of 1977 (7 U.S.C. 2011 et seq.). October 1, 2001. cial warfare rigid inflatable boats under the ‘‘(i) TERMINATION OF AUTHORITY.—No spe- (2) The amendment made by subsection (b) Special Operations Forces Combatant Craft cial subsistence allowance may be made shall take effect on the date of the enact- Systems program. under this section for any month beginning ment of this Act. after September 30, 2005.’’. (2) The table of sections at the beginning of NATIONAL DEFENSE AUTHORIZA- such chapter is amended by inserting after DEPARTMENT OF DEFENSE TION ACT FOR FISCAL YEAR 2001 the item relating to section 402 the fol- APPROPRIATIONS ACT 2001 lowing: ‘‘402a. Special subsistence allowance.’’. MCCAIN AMENDMENT NO. 3179 (b) EFFECTIVE DATE.—Section 402a of title COLLINS AMENDMENTS NOS. 3174– Mr. MCCAIN proposed an amendment 3178 37, United States Code, shall take effect on to the bill, S. 2549, supra; as follows: the first day of the first month that begins (Ordered to lie on the table.) On page 206, between lines 15 and 16, insert on or after the date of the enactment of this Ms. COLLINS submitted five amend- the following: Act. ments intended to be proposed by her SEC. 610. SPECIAL SUBSISTENCE ALLOWANCE (c) ANNUAL REPORT.—(1) Not later than to the bill (S. 2593) making appropria- FOR MEMBERS ELIGIBLE TO RE- March 1 of each year after 2000, the Comp- CEIVE FOOD STAMP ASSISTANCE. troller General of the United States shall tions for the Department of Defense for (a) ALLOWANCE.—(1) Chapter 7 of title 37, the fiscal year ending September 30, submit to Congress a report setting forth the United States Code, is amended by inserting number of members of the uniformed serv- 2001, and for other purposes; as follows: after section 402 the following new section: ices who are eligible for assistance under the AMENDMENT NO. 3174 ‘‘§ 402a. Special subsistence allowance Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.). On page 109, between lines 11 and 12, insert ‘‘(a) ENTITLEMENT.—(1) Upon the applica- (2) In preparing the report, the Comptroller the following: tion of an eligible member of a uniformed General shall consult with the Secretary of

VerDate Mar 15 2010 22:45 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06JN0.REC S06JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4580 CONGRESSIONAL RECORD — SENATE June 6, 2000 Defense, the Secretary of Transportation MCCAIN AMENDMENTS NOS. 3180– SEC. 610. RESTRUCTURING OF BASIC PAY TABLES (with respect to the Coast Guard), the Sec- 3182 FOR CERTAIN ENLISTED MEMBERS. retary of Health and Human Services (with (a) IN GENERAL.—The table under the head- respect to the commissioned corps of the (Ordered to lie on the table.) ing ‘‘ENLISTED MEMBERS’’ in section Public Health Service), and the Secretary of 601(c) of the National Defense Authorization Commerce (with respect to the commis- Mr. MCCAIN submitted three amend- sioned officers of the National Oceanic and ment intended to be proposed by him Act for Fiscal Year 2000 (Public Law 105–65; 113 Stat. 648) is amended by striking the Atmospheric Administration), who shall pro- to the bill, S. 2549, supra; as follows: vide the Comptroller General with any infor- amounts relating to pay grades E–7, E–6, and mation that the Comptroller General deter- AMENDMENT NO. 3180 E–5 and inserting the amounts for the cor- mines necessary to prepare the report. responding years of service specified in the (3) No report is required under this sub- On page 206, between lines 15 and 16, insert following table: section after March 1, 2005. the following: ENLISTED MEMBERS Years of service computed under section 205 of title 37, United States Code

Pay Grade 2 or less Over 2 Over 3 Over 4 Over 6

E–7 ...... 1,765.80 1,927.80 2,001.00 2,073.00 2,148.60 E–6 ...... 1,518.90 1,678.20 1,752.60 1,824.30 1,899.40 E–5 ...... 1,332.60 1,494.00 1,566.00 1,640.40 1,715.70

Over 8 Over 10 Over 12 Over 14 Over 16

E–7 ...... 2,277.80 2,350.70 2,423.20 2,495.90 2,570.90 E–6 ...... 2,022.60 2,096.40 2,168.60 2,241.90 2,294.80 E–5 ...... 1,821.00 1,893.00 1,967.10 1,967.60 1,967.60

Over 18 Over 20 Over 22 Over 24 Over 26

E–7 ...... 2,644.20 2,717.50 2,844.40 2,926.40 3,134.40 E–6 ...... 2,332.00 2,332.00 2,335.00 2,335.00 2,335.00 E–5 ...... 1,967.60 1,967.60 1,967.60 1,967.60 1,967.60

(b) APPLICATION OF AMENDMENTS.—The ‘‘(1) IN GENERAL.—In the case of an annuity respect to deaths occurring on or after that amendments made by subsection (a) shall provided under section 1448(d) or 1448(f) of date. take effect as of October 1, 2000, and shall this title, the amount of the annuity shall be SEC. 648. FAMILY COVERAGE UNDER apply with respect to months beginning on determined as follows: SERVICEMEMBERS’ GROUP LIFE IN- or after that date. ‘‘(A) BENEFICIARY UNDER 62 YEARS OF AGE.— SURANCE. If the person receiving the annuity is under (a) INSURABLE DEPENDENTS.—Section 1965 AMENDMENT NO. 3181 62 years of age or is a dependent child when of title 38, United States Code, is amended by adding at the end the following: On page 236, between lines 6 and 7, insert the member or former member dies, the ‘‘(10) The term ‘insurable dependent’, with the following: monthly annuity shall be the amount equal to 55 percent of the retired pay imputed to respect to a member, means the following: SEC. 646. POLICY ON INCREASING MINIMUM SUR- the member or former member. The retired ‘‘(A) The member’s spouse. VIVOR BENEFIT PLAN BASIC ANNU- ‘‘(B) A child of the member for so long as ITIES FOR SURVIVING SPOUSES AGE pay imputed to a member or former member 62 OR OLDER. is as follows: the child is unmarried and the member is providing over 50 percent of the support of It is the sense of Congress that there ‘‘(i) Except in a case described in clause the child.’’. should be enacted during the 106th Congress (ii), the retired pay to which the member or (b) INSURANCE COVERAGE.—(1) Subsection legislation that increases the minimum former member would have been entitled if the member or former member had been en- (a) of section 1967 of title 38, United States basic annuities provided under the Survivor Code, is amended to read as follows: Benefit Plan for surviving spouses of mem- titled to that pay based upon his years of ac- tive service when he died. ‘‘(a)(1) Subject to an election under para- bers of the uniformed services who are 62 graph (2), any policy of insurance purchased years of age or older. ‘‘(ii) In the case of a deceased member re- ferred to in subparagraph (A)(iii) or (B) of by the Secretary under section 1966 of this SEC. 647. SURVIVOR BENEFIT PLAN ANNUITIES title shall automatically insure the fol- FOR SURVIVORS OF ALL MEMBERS section 1448(d)(1) of this title, the retired pay to which the member or former member lowing persons against death: WHO DIE ON ACTIVE DUTY. ‘‘(A) In the case of any member of a uni- (a) ENTITLEMENT.—(1) Subsection (d)(1) of would have been entitled if the member had been entitled to that pay based upon a re- formed service on active duty (other than ac- section 1448 of title 10, United States Code, is tive duty for training)— amended to read as follows: tirement under section 1201 of this title (if on active duty for more than 30 days when ‘‘(i) the member; and ‘‘(1) SURVIVING SPOUSE ANNUITY.—The Sec- ‘‘(ii) each insurable dependent of the mem- retary concerned shall pay an annuity under the member died) or section 1204 of this title (if on active duty for 30 days or less when the ber. this subchapter to the surviving spouse of— ‘‘(B) Any member of a uniformed service on ‘‘(A) a member who dies on active duty member died) for a disability rated as total. ‘‘(B) BENEFICIARY 62 YEARS OF AGE OR active duty for training or inactive duty after— training scheduled in advance by competent ‘‘(i) becoming eligible to receive retired OLDER.— ‘‘(i) GENERAL RULE.—If the person receiv- authority. pay; ‘‘(C) Any member of the Ready Reserve of ‘‘(ii) qualifying for retired pay except that ing the annuity (other than a dependent child) is 62 years of age or older when the a uniformed service who meets the qualifica- he has not applied for or been granted that tions set forth in section 1965(5)(B) of this pay; or member or former member dies, the monthly annuity shall be the amount equal to 35 per- title. ‘‘(iii) completing 20 years of active service ‘‘(2)(A) A member may elect in writing not cent of the retired pay imputed to the mem- but before he is eligible to retire as a com- to be insured under this subchapter. ber or former member as described in clause missioned officer because he has not com- ‘‘(B) A member referred to in subparagraph (i) or (ii) of the second sentence of subpara- pleted 10 years of active commissioned serv- (A) may also make either or both of the fol- graph (A). ice; or lowing elections in writing: ‘‘(ii) RULE IF BENEFICIARY ELIGIBLE FOR SO- ‘‘(B) a member not described in subpara- ‘‘(i) An election not to insure a dependent CIAL SECURITY OFFSET COMPUTATION.—If the graph (A) who dies on active duty, except in spouse under this subchapter. beneficiary is eligible to have the annuity the case of a member whose death, as deter- ‘‘(ii) An election to insure none of the computed under subsection (e) and if, at the mined by the Secretary concerned— member’s children under this subchapter. ‘‘(i) is a direct result of the member’s in- time the beneficiary becomes entitled to the ‘‘(3)(A) Subject to an election under sub- tentional misconduct or willful neglect; or annuity, computation of the annuity under paragraph (B), the amount for which a per- ‘‘(ii) occurs during a period of unauthorized that subsection is more favorable to the ben- son is insured under this subchapter is as fol- absence.’’. eficiary than computation under clause (i), lows: (2) The heading for subsection (d) of such the annuity shall be computed under that ‘‘(i) In the case of a member, $200,000. section is amended by striking ‘‘RETIREMENT- subsection rather than under clause (i).’’. ‘‘(ii) In the case of a member’s spouse, the ELIGIBLE’’. (c) EFFECTIVE DATE.—This section and the amount equal to 50 percent of the amount for (b) AMOUNT OF ANNUITY.—Section 1451(c)(1) amendments made by this section shall take which the member is insured under this sub- of such title is amended to read as follows: effect on October 1, 2000, and shall apply with chapter.

VerDate Mar 15 2010 22:45 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06JN0.REC S06JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 6, 2000 CONGRESSIONAL RECORD — SENATE S4581 ‘‘(iii) In the case of a member’s child, surance coverage for dependents of members another location) may travel in a space-re- $10,000. under this subchapter. quired status on aircraft of the armed forces ‘‘(B) A member may elect in writing to be ‘‘(B) The premium amounts shall be deter- between the member’s home and the place of insured or to insure an insurable dependent mined on the basis of sound actuarial prin- such duty or training.’’. in an amount less than the amount provided ciples and shall include an amount necessary (2) The heading of such section is amended under subparagraph (A). The amount of in- to cover the administrative costs to the in- to read as follows: surance so elected shall, in the case of a surer or insurers providing such insurance. ‘‘§ 18505. Reserves traveling to annual train- member or spouse, be evenly divisible by ‘‘(C) Each premium rate for the first policy ing duty or inactive-duty training: author- $10,000 and, in the case of a child, be evenly year shall be continued for subsequent policy ity for space-required travel’’. divisible by $5,000. years, except that the rate may be adjusted (b) SPACE-AVAILABLE TRAVEL FOR MEMBERS ‘‘(4) No dependent of a member is insured for any such subsequent policy year on the OF SELECTED RESERVE AND DEPENDENTS.— under this chapter unless the member is in- basis of the experience under the policy, as Chapter 1805 of such title is amended by add- sured under this subchapter. determined by the Secretary in advance of ing at the end the following new section: ‘‘(5) The insurance shall be effective with that policy year. respect to a member and the member’s de- ‘‘(h) Any overpayment of a premium for in- ‘‘§ 18506. Space-available travel: Selected Re- pendents on the first day of active duty or surance coverage for an insurable dependent serve; dependents active duty for training, or the beginning of of a member that is terminated under sec- ‘‘(a) ELIGIBILITY FOR SPACE-AVAILABLE a period of inactive duty training scheduled tion 1968(a)(5) of this title shall be refunded TRAVEL.—The Secretary of Defense shall pre- in advance by competent authority, or the to the member.’’. scribe regulations to allow persons described first day a member of the Ready Reserve (e) PAYMENTS OF INSURANCE PROCEEDS.— in subsection (b) to receive transportation on meets the qualifications set forth in section Section 1970 of such title is amended by add- aircraft of the Department of Defense on a 1965(5)(B) of this title, or the date certified ing at the end the following: space-available basis under the same terms by the Secretary to the Secretary concerned ‘‘(h) Any amount of insurance in force on and conditions (including terms and condi- as the date Servicemembers’ Group Life In- an insurable dependent of a member under tions applicable to travel outside the United surance under this subchapter for the class this subchapter on the date of the depend- States) as apply to members of the armed or group concerned takes effect, whichever is ent’s death shall be paid, upon the establish- forces entitled to retired pay. the later date.’’. ment of a valid claim therefor, to the mem- ‘‘(b) PERSONS ELIGIBLE.—Subsection (a) ap- (2) Subsection (c) of such section is amend- ber or, in the event of the member’s death plies to a person who is a member of the Se- ed by striking out the first sentence and in- before payment to the member can be made, lected Reserve in good standing (as deter- serting the following: ‘‘If a person eligible then to the person or persons entitled to re- mined by the Secretary concerned). for insurance under this subchapter is not so ceive payment of the proceeds of insurance ‘‘(c) DEPENDENTS.—A dependent of a person insured, or is insured for less than the max- on the member’ life under this subchapter.’’. described in subsection (b) may be provided imum amount provided for the person under (f) EFFECTIVE DATE AND INITIAL IMPLEMEN- transportation under this section on the subparagraph (A) of subsection (a)(3), by rea- TATION.—(1) This section and the amend- same basis as dependents of members of the son of an election made by a member under ments made by this section shall take effect armed forces entitled to retired pay. subparagraph (B) of that subsection, the per- on the first day of the first month that be- ‘‘(d) LIMITATION ON REQUIRED IDENTIFICA- son may thereafter be insured under this gins more than 120 days after the date of the TION.—Neither the ‘Authentication of Re- subchapter in the maximum amount or any enactment of this Act, except that paragraph serve Status for Travel Eligibility’ form (DD lesser amount elected as provided in such (2) shall take effect on the date of the enact- Form 1853), nor or any other form, other subparagraph (B) upon written application ment of this Act. than the presentation of military identifica- by the member, proof of good health of each (2) The Secretary of Veterans Affairs, in tion and duty orders upon request, or other person to be so insured, and compliance with consultation with the Secretaries of the methods of identification required of active such other terms and conditions as may be military departments, the Secretary of duty personnel, shall be required of reserve prescribed by the Secretary.’’. Transportation, the Secretary of Commerce component personnel using space-available (c) TERMINATION OF COVERAGE.—(1) Sub- and the Secretary of Health and Human transportation within or outside the conti- section (a) of section 1968 of such title is Services, shall take such action as is nec- nental United States under this section.’’. amended— essary to ensure that each member of the (c) CLERICAL AMENDMENTS.—The table of (A) in the matter preceding paragraph (1), uniformed services on active duty (other sections at the beginning of such chapter is by inserting ‘‘and any insurance thereunder than active duty for training) during the pe- amended by striking the item relating to on any insurable dependent of such a mem- riod between the date of the enactment of section 18505 and inserting the following new ber,’’ after ‘‘ any insurance thereunder on this Act and the effective date determined items: any member of the uniformed services,’’; under paragraph (1) is furnished an expla- ‘‘18505. Reserves traveling to annual training (B) by striking ‘‘and’’ at the end of para- nation of the insurance benefits available for duty or inactive-duty training: graph (3); dependents under the amendments made by authority for space-required (C) by striking the period at the end of this section and is afforded an opportunity travel. paragraph (4) and inserting ‘‘; and’’; and before such effective date to make elections ‘‘18506. Space-available travel: Selected Re- (D) by adding at the end the following: that are authorized under those amendments serve; dependents.’’. ‘‘(5) with respect to an insurable dependent to be made with respect to dependents. (d) IMPLEMENTING REGULATIONS.—Regula- of the member— tions under section 18506 of title 10, United ‘‘(A) upon election made in writing by the AMENDMENT NO. 3182 States Code, as added by subsection (b), shall member to terminate the coverage; or On page 239, after line 22, add the fol- be prescribed not later than 180 days after ‘‘(B) on the earlier of— lowing: the date of the enactment of this Act. ‘‘(i) the date of the member’s death; Subtitle F—Additional Benefits For Reserves SEC. 673. BILLETING SERVICES FOR RESERVE ‘‘(ii) the date of termination of the insur- and Their Dependents MEMBERS TRAVELING FOR INAC- ance on the member’s life under this sub- TIVE DUTY TRAINING. SEC. 671. SENSE OF CONGRESS. chapter; (a) IN GENERAL.—(1) Chapter 1217 of title It is the sense of Congress that it is in the ‘‘(iii) the date of the dependent’s death; or 10, United States Code, is amended by adding national interest that the President provide ‘‘(iv) the termination of the dependent’s at the end the following new section: status as an insurable dependent of the mem- funds for the reserve components of the ‘‘§ 12604. Attendance at inactive-duty training ber. Armed Forces (including the National Guard (2) Subsection (b)(1)(A) of such section is and Reserves) that are sufficient to ensure assemblies: billeting in Department of De- amended by inserting ‘‘(to insure against that the reserve components meet the re- fense facilities death of the member only)’’ after ‘‘converted quirements specified for the reserve compo- ‘‘(a) AUTHORITY FOR BILLETING ON SAME to Veterans’ Group Life Insurance’’. nents in the National Military Strategy, in- BASIS AS ACTIVE DUTY MEMBERS TRAVELING (d) PREMIUMS.—Section 1969 of such title is cluding military training. UNDER ORDERS.—The Secretary of Defense amended by adding at the end the following: SEC. 672. TRAVEL BY RESERVES ON MILITARY shall prescribe regulations authorizing a Re- ‘‘(g)(1) During any period in which any in- AIRCRAFT. serve traveling to inactive-duty training at a surable dependent of a member is insured (a) SPACE-REQUIRED TRAVEL FOR TRAVEL TO location more than 50 miles from the Re- under this subchapter, there shall be de- DUTY STATIONS INCONUS AND OCONUS.—(1) serve’s home to be eligible for billeting in ducted each month from the member’s basic Subsection (a) of section 18505 of title 10, Department of Defense facilities on the same or other pay until separation or release from United States Code, is amended to read as basis as a member of the armed forces on ac- active duty an amount determined by the follows: tive duty who is traveling under orders away Secretary (which shall be the same for all ‘‘(a) A member of a reserve component from the member’s duty station. such members) as the premium allocable to traveling to a place of annual training duty ‘‘(b) PROOF OF REASON FOR TRAVEL.—The the pay period for providing that insurance or inactive-duty training (including a place Secretary shall include in regulations under coverage. other than the member’s unit training as- subsection (a) means for establishing that a ‘‘(2)(A) The Secretary shall determine the sembly if the member is performing annual Reserve seeking billeting in Department of premium amounts to be charged for life in- training duty or inactive-duty training in Defense facilities under that subsection is

VerDate Mar 15 2010 22:45 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06JN0.REC S06JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4582 CONGRESSIONAL RECORD — SENATE June 6, 2000 traveling for attendance at inactive-duty In lieu of the language proposed to be in- SEC. . DEFENSE TRAVEL SYSTEM. training at a location more than 50 miles serted, insert the following: (a) REQUIREMENT FOR REPORT.—Not later from the Reserve’s home.’’. ‘‘SEC. 1017. CORRECTION OF SCOPE OF WAIVER than November 30, 2000, the Secretary of De- (2) The table of sections at the beginning of AUTHORITY FOR LIMITATION ON RE- fense shall submit to the congressional de- such chapter is amended by adding at the TIREMENT OR DISMANTLEMENT OF fense committees a report on the Defense end the following new item: STRATEGIC NUCLEAR DELIVERY Travel System. ‘‘12604. Attendance at inactive-duty training SYSTEMS; AUTHORITY TO WAIVE (b) CONTENT OF REPORT.—The report shall LIMITATION. assemblies: billeting in Depart- include the following: ‘‘(a) Section 1302(b) of the National Defense ment of Defense facilities.’’. (1) A detailed discussion of the develop- Authorization Act for Fiscal Year 1998 (Pub- (b) EFFECTIVE DATE.—Section 12604 of title ment, testing, and fielding of the system, in- 10, United States Code, as added by sub- lic Law 105–85; 111 Stat. 1948), as amended by cluding the performance requirements, the section (a), shall apply with respect to peri- section 1501(a) of the National Defense Au- evaluation criteria, the funding that has ods of inactive-duty training beginning more thorization Act for Fiscal Year 2000 (Public been provided for the development, testing, than 180 days after the date of the enactment Law 106–65; 113 Stat. 806), is further amended and fielding of the system, and the funding of this Act. by striking ‘‘the application of the limita- that is projected to be required for com- tion in effect under paragraph (1)(B) or (3) of SEC. 674. INCREASE IN MAXIMUM NUMBER OF pleting the development, testing, and field- subsection (a), as the case may be,’’ and in- RESERVE RETIREMENT POINTS ing of the system. THAT MAY BE CREDITED IN ANY serting ‘‘the application of the limitation in (2) The schedule that has been followed for YEAR. effect under subsection (a) to a strategic nu- the testing of the system, including the ini- Section 12733(3) of title 10, United States clear delivery system. tial operational test and evaluation and the ‘‘(b) AUTHORITY TO WAIVE LIMITATION ON Code, is amended by striking ‘‘but not more final operational testing and evaluation, to- RETIREMENT OR DISMANTLEMENT OF STRA- than’’ and all that follows and inserting ‘‘but gether with the results of the testing. TEGIC NUCLEAR DELIVERY SYSTEMS.—After not more than— (3) The cost savings expected to result the submission of the report on the results of ‘‘(A) 60 days in any one year of service be- from the deployment of the system and from the nuclear posture review to Congress under fore the year of service that includes Sep- the completed implementation of the sys- section 1015(c)— tember 23, 1996; tem, together with a discussion of how the ‘‘(1) the Secretary of Defense shall, taking ‘‘(B) 75 days in the year of service that in- savings are estimated and the expected into consideration the results of the review, cludes September 23, 1996, and in any subse- schedule for the realization of the savings. submit to the President a recommendation quent year of service before the year of serv- (4) An analysis of the costs and benefits of regarding whether the President should ice that includes the date of the enactment fielding the front-end software for the sys- waive the limitation on the retirement or of the National Defense Authorization Act tem throughout all 18 geographical areas se- dismantlement of strategic nuclear delivery for Fiscal Year 2001; and lected for the original fielding of the system. systems in section 1302 National Defense Au- ‘‘(C) 90 days in the year of service that in- (c) LIMITATIONS.—(1) Not more than 25 per- thorization Act for Fiscal Year 1998 (Public cludes the date of the enactment of the Na- cent of the amount authorized to be appro- Law 105–85; 111 Stat. 1948); and tional Defense Authorization Act for Fiscal priated under section ll for the Defense ‘‘(2) the President, taking into consider- Year 2001.’’. Travel System may be obligated or expended ation the results of the review and the rec- SEC. 675. AUTHORITY FOR PROVISION OF LEGAL before the date on which the Secretary sub- ommendation made by the Secretary of De- SERVICES TO RESERVE COMPONENT mits the report required under subsection fense under paragraph (1), may waive the MEMBERS FOLLOWING RELEASE (a). FROM ACTIVE DUTY. limitation referred to in that paragraph if (2) Funds appropriated for the Defense (a) LEGAL SERVICES.—Section 1044(a) of the President determines that it is in the na- Travel System pursuant to the authorization title 10, United States Code, is amended— tional security interests of the United States of appropriations referred to in paragraph (1) (1) by redesignating paragraph (4) as para- to do so.’’. may not be used for a purpose other than the graph (5); and Defense Travel System unless the Secretary (2) by inserting after paragraph (3) the fol- BENNETT AMENDMENT NO. 3185 first submits to Congress a written notifica- lowing new paragraph (4): tion of the intended use and the amount to ‘‘(4) Members of a reserve component not (Ordered to lie on the table). be so used. covered by paragraph (1) or (2), but only dur- Mr. BENNETT submitted an amend- ing a period, following a release from active ment intended to be proposed by him AMENDMENT NO. 3187 duty under a call or order to active duty for to the bill, S. 2549, supra; as follows: more than 29 days under a mobilization au- On page 545, following line 22, add the fol- On page 462, between lines 2 and 3, insert lowing: thority (as determined by the Secretary of the following: Defense), that is not in excess of twice the PART IV—OTHER CONVEYANCES SEC. 1210. ADJUSTMENT OF COMPOSITE THEO- length of time served on active duty.’’. RETICAL PERFORMANCE LEVELS OF SEC. 2876. LAND CONVEYANCE, FORMER NA- (b) DEPENDENTS.—Paragraph (5) of such HIGH PERFORMANCE COMPUTERS. TIONAL GROUND INTELLIGENCE section, as redesignated by subsection (a), is (a) LAYOVER PERIOD FOR NEW PERFORMANCE CENTER, CHARLOTTESVILLE, VIR- amended by striking ‘‘and (3)’’ and inserting GINIA. LEVELS.—Section 1211 of the National De- ‘‘(3), and (4)’’. fense Authorization Act for Fiscal Year 1998 (a) CONVEYANCE AUTHORIZED.—The Admin- (c) IMPLEMENTING REGULATIONS.—Regula- (50 U.S.C. App. 2404 note) is amended— istrator of General Services may convey, tions to implement the amendments made (1) in the second sentence of subsection (d), without consideration, to the City of Char- by subsections (a) and (b) shall be prescribed by striking ‘‘180’’ and inserting ‘‘60’’; and lottesville, Virginia (in this section referred not later than 180 days after the date of the (2) by adding at the end the following: to as the ‘‘City’’), all right, title, and inter- enactment of this Act. est of the United States in and to a parcel of ‘‘(g) CALCULATION OF 60-DAY PERIOD.—The 60-day period referred to in subsection (d) real property, including any improvements KERREY (AND OTHERS) shall be calculated by excluding the days on thereon, formerly occupied by the National AMENDMENT NO. 3183 which either House of Congress is not in ses- Ground Intelligence Center and known as the Jefferson Street Property. Mr. KERREY (for himself, Mr. LEVIN, sion because of an adjournment of the Con- gress sine die.’’. (b) AUTHORITY TO CONVEY WITHOUT CONSID- Mr. DASCHLE, Mr. HARKIN, Mr. KERRY, ERATION.—The conveyance authorized by (b) EFFECTIVE DATE.—The amendments and Mr. DURBIN) proposed an amended made by subsection (a) shall apply to any subsection (a) may be made without consid- to the bill, S. 2549, supra; as follows: new composite theoretical performance level eration if the Administrator determines that Strike section 1017 and insert the fol- established for purposes of section 1211(a) of the conveyance on that basis would be in the lowing: the National Defense Authorization Act for best interests of the United States. (c) PURPOSE OF CONVEYANCE.—The convey- SEC. 1017. REPEAL OF LIMITATION ON RETIRE- Fiscal Year 1998 that is submitted by the MENT OR DISMANTLEMENT OF President pursuant to section 1211(d) of that ance authorized by subsection (a) shall be for STRATEGIC NUCLEAR DELIVERY Act on or after the date of the enactment of the purpose of permitting the City to use the SYSTEMS IN EXCESS OF MILITARY this Act. parcel, directly or through an agreement REQUIREMENTS. with a public or private entity, for economic Section 1302 of the National Defense Au- development purposes. thorization Act for Fiscal Year 1998 (Public ROBB AMENDMENTS NOS. 3186–3187 (d) REVERSIONARY INTEREST.—If, during the Law 105–85; 111 Stat. 1948) is repealed. (Ordered to lie on the table.) 5-year period beginning on the date the Ad- Mr. ROBB submitted two amend- ministrator makes the conveyance author- WARNER AMENDMENT NO. 3184 ments intended to be proposed by him ized by subsection (a), the Administrator de- termines that the conveyed real property is Mr. WARNER proposed an amend- to the bill, S. 2549, supra; as follows: not being used for a purpose specified in sub- ment to amendment No. 3183 proposed AMENDMENT NO. 3186 section (c), all right, title, and interest in by Mr. KERREY to the bill, S. 2549, On page ll, between lines ll and ll, and to the property, including any improve- supra; as follows: insert the following: ments thereon, shall revert to the United

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States, and the United States shall have the (c) TREATMENT OF RECEIPTS.—Notwith- Sec. 104. Support services required to be right of immediate entry onto the property. standing section 9 of the Strategic and Crit- health care-related. (e) INAPPLICABILITY OF CERTAIN PROPERTY ical Materials Stock Piling Act (50 U.S.C. Sec. 105. Use of grant funds for early inter- MANAGEMENT LAWS.—The conveyance au- 98h), funds received as a result of the dis- vention services. thorized by subsection (a) shall not be sub- posal of titanium under subsection (a) shall Sec. 106. Replacement of specified fiscal ject to the following: be applied as follows: $174,000,000 to defray years regarding the sunset on (1) Sections 2667 and 2696 of title 10, United the costs of health care benefit improvement expedited distribution require- States Code. for retired military personnel; and $6,000,000 ments. (2) Section 501 of the Stewart B. McKinney for transfer to the American Battle Monu- Sec. 107. Hold harmless provision. Homeless Assistance Act (42 U.S.C. 11411). ments Commission for deposit in the fund es- Sec. 108. Set-aside for infants, children, and (3) Sections 202 and 203 of the Federal tablished under section 2113 of title 36, women. Property and Administrative Services Act of United States Code, for the World War II me- Subtitle B—Amendments to Part B (Care 1949 (40 U.S.C. 483, 484). morial authorized by section 1 of Public Law Grant Program) (f) LIMITATION ON CERTAIN SUBSEQUENT 103–32 (107 Stat. 90). Sec. 121. State requirements concerning CONVEYANCES.—(1) Subject to paragraph (2), (d) WORLD WAR II MEMORIAL.—(1) The identification of need and allo- if at any time after the Administrator makes amount transferred to the American Battle cation of resources. the conveyance authorized by subsection (a) Monuments Commission under subsection (c) Sec. 122. Quality management. the City conveys any portion of the parcel shall be used to complete all necessary re- Sec. 123. Funded entities required to have conveyed under that subsection to a private quirements for the design of, ground break- health care relationships. entity, the City shall pay to the United ing for, construction of, maintenance of, and Sec. 124. Support services required to be States an amount equal to the fair market dedication of the World War II memorial. health care-related. value (as determined by the Administrator) The Commission shall determine how the Sec. 125. Use of grant funds for early inter- of the portion conveyed at the time of its amount shall be apportioned among such vention services. conveyance under this subsection. purposes. Sec. 126. Authorization of appropriations for (2) Paragraph (1) applies to a conveyance (2) Any funds not necessary for the pur- HIV-related services for women described in that paragraph only if the Ad- poses set forth in paragraph (1) shall be and children. ministrator makes the conveyance author- transferred to and deposited in the general Sec. 127. Repeal of requirement for com- ized by subsection (a) without consideration. fund of the Treasury. pleted Institute of Medicine re- (3) The Administrator shall cover over into (e) RELATIONSHIP TO OTHER DISPOSAL AU- port. the general fund of the Treasury as miscella- THORITY.—The disposal authority provided in Sec. 128. Supplement grants for certain neous receipts any amounts paid the Admin- subsection (a) is new disposal authority and States. istrator under this subsection. is in addition to, and shall not affect, any Sec. 129. Use of treatment funds. (g) DESCRIPTION OF PROPERTY.—The exact other disposal authority provided by law re- Sec. 130. Increase in minimum allotment. acreage and legal description of the real garding materials in the National Defense Sec. 131. Set-aside for infants, children, and property to be conveyed under subsection (a) Stockpile. women. shall be determined by a survey satisfactory Subtitle C—Amendments to Part C (Early to the Administrator. The cost of the survey RYAN WHITE CARE ACT Intervention Services) shall be borne by the City. AMENDMENTS OF 2000 Sec. 141. Amendment of heading; repeal of (h) ADDITIONAL TERMS AND CONDITIONS.— formula grant program. The Administrator may require such addi- Sec. 142. Planning and development grants. tional terms and conditions in connection JEFFORDS (AND OTHERS) Sec. 143. Authorization of appropriations for with the conveyance as the Administrator categorical grants. considers appropriate to protect the inter- AMENDMENT NO. 3190 Sec. 144. Administrative expenses ceiling; ests of the United States. Mr. WARNER (for Mr. JEFFORDS (for quality management program. himself, Mr. KENNEDY, and Mr. FRIST)) Sec. 145. Preference for certain areas. Sec. 146. Technical amendment. KERREY AMENDMENT NO. 3188 proposed an amendment to the bill (S. 2311) to revise and extend the Ryan Subtitle D—Amendments to Part D (General (Ordered to lie on the table.) White CARE Act programs under title Provisions) Mr. KERREY submitted an amend- XXVI of the Public Health Service Act, Sec. 151. Research involving women, infants, ment intended to be proposed by him children, and youth. to improve access to health care and to the bill, S. 2549, supra; as follows: Sec. 152. Limitation on administrative ex- the quality of health care under such penses. On page 368, between lines 21 and 22, insert programs, and to provide for the devel- the following: Sec. 153. Evaluations and reports. Sec. 154. Authorization of appropriations for (7) The ability of the United States to opment of increased capacity to pro- grants under parts A and B. deter a nuclear attack with strategic forces vide health care and related support at the levels proposed for a third treaty be- services to individuals and families Subtitle E—Amendments to Part F tween the United States and the Russian with HIV disease, and for other pur- (Demonstration and Training) Federation on the reduction and limitation poses; as follows: Sec. 161. Authorization of appropriations. of strategic offensive arms, with consider- Strike all after the enacting clause and in- TITLE II—MISCELLANEOUS PROVISIONS ation being given to the estimated effect on sert the following: Sec. 201. Institute of Medicine study. the Russian Federation of a nuclear retalia- SECTION 1. SHORT TITLE. TITLE I—AMENDMENTS TO HIV HEALTH tion by the United States. This Act may be cited as the ‘‘Ryan White CARE PROGRAM CARE Act Amendments of 2000’’. Subtitle A—Amendments to Part A WARNER AMENDMENT NO. 3189 SEC. 2. REFERENCES; TABLE OF CONTENTS. (Emergency Relief Grants) Mr. WARNER proposed an amend- (a) REFERENCES.—Except as otherwise ex- SEC. 101. DUTIES OF PLANNING COUNCIL, FUND- ment to the bill, S. 2549, supra; as fol- pressly provided, whenever in this Act an ING PRIORITIES, QUALITY ASSESS- lows: amendment or repeal is expressed in terms of MENT. an amendment to, or repeal of, a section or Section 2602 (42 U.S.C. 300ff–12) is amend- On page 613, after line 12, insert the fol- other provision, the reference shall be con- ed— lowing: sidered to be made to a section or other pro- (1) in subsection (b)— SEC. 3403. DISPOSAL OF TITANIUM. vision of the Public Health Service Act (42 (A) in paragraph (2)(C), by inserting before (a) DISPOSAL REQUIRED.—Subject to sub- U.S.C. 201 et seq.). the semicolon the following: ‘‘, including section (b), the President shall, by Sep- (b) Table of Contents.—The table of con- providers of housing and homeless services’’; tember 30, 2010, dispose of 30,000 short tons of tents of this Act is as follows: and titanium contained in the National Defense Sec. 1. Short title. (B) in paragraph (4), by striking ‘‘shall—’’ Stockpile so as to result in receipts to the Sec. 2. References; table of contents. and all that follows and inserting ‘‘shall United States in a total amount that is not have the responsibilities specified in sub- TITLE I—AMENDMENTS TO HIV HEALTH less than $180,000,000. section (d).’’; and CARE PROGRAM (b) MINIMIZATION OF DISRUPTION AND (2) by adding at the end the following: LOSS.—The President may not dispose of ti- Subtitle A—Amendments to Part A ‘‘(d) DUTIES OF PLANNING COUNCIL.—The tanium under subsection (a) to the extent (Emergency Relief Grants) planning council established under sub- that the disposal will result in— Sec. 101. Duties of planning council, funding section (b) shall have the following duties: (1) undue disruption of the usual markets priorities, quality assessment. ‘‘(1) PRIORITIES FOR ALLOCATION OF of producers, processors, and consumers of Sec. 102. Quality management. FUNDS.—The council shall establish prior- titanium; or Sec. 103. Funded entities required to have ities for the allocation of funds within the el- (2) avoidable loss to the United States. health care relationships. igible area, including how best to meet each

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(3) in subparagraph (B), by striking ‘‘(B) in- grantee should consider in allocating funds (a) FUNDS AVAILABLE FOR QUALITY MAN- patient case management’’ and inserting under a grant, based on the following fac- AGEMENT.—Section 2604 (42 U.S.C. 300ff–14) is ‘‘(C) INPATIENT CASE MANAGEMENT SERV- tors: amended— ICES.—Inpatient case management’’; and ‘‘(A) The size and demographic characteris- (1) by redesignating subsections (c) (4) by inserting after subparagraph (A) the tics of the population with HIV disease to be through (f) as subsections (d) through (g), re- following: served, including, subject to subsection (e), spectively; and ‘‘(B) OUTPATIENT SUPPORT SERVICES.—Out- the needs of individuals living with HIV in- (2) by inserting after subsection (b) the fol- patient and ambulatory support services (in- fection who are not receiving HIV-related lowing: cluding case management), to the extent health services. ‘‘(c) QUALITY MANAGEMENT.— that such services facilitate, enhance, sup- ‘‘(B) The documented needs of the popu- ‘‘(1) REQUIREMENT.—The chief elected offi- port, or sustain the delivery, continuity, or lation with HIV disease with particular at- cial of an eligible area that receives a grant benefits of health services for individuals tention being given to disparities in health under this part shall provide for the estab- and families with HIV disease.’’. services among affected subgroups within lishment of a quality management program (b) CONFORMING AMENDMENT TO APPLICA- the eligible area. to assess the extent to which medical serv- TION REQUIREMENTS.—Section 2605(a) (42 ‘‘(C) The demonstrated or probable cost ices provided to patients under the grant are U.S.C. 300ff–15(a)), as amended by section and outcome effectiveness of proposed strat- consistent with the most recent Public 102(b), is further amended— egies and interventions, to the extent that Health Service guidelines for the treatment (1) in paragraph (7) (as so redesignated), by of HIV disease and related opportunistic in- striking ‘‘and’’ at the end thereof; data are reasonably available. fection and to develop strategies for im- (2) in paragraph (8) (as so redesignated), by ‘‘(D) Priorities of the communities with provements in the access to and quality of striking the period and inserting ‘‘; and’’; HIV disease for whom the services are in- medical services. and tended. ‘‘(2) USE OF FUNDS.—From amounts re- (3) by adding at the end the following: ‘‘(E) The availability of other govern- ceived under a grant awarded under this ‘‘(9) that the eligible area has procedures mental and non-governmental resources, in- part, the chief elected official of an eligible in place to ensure that services provided cluding the State medicaid plan under title area may use, for activities associated with with funds received under this part meet the XIX of the Social Security Act and the State its quality management program, not more criteria specified in section 2604(b)(1).’’. Children’s Health Insurance Program under than the lesser of— SEC. 105. USE OF GRANT FUNDS FOR EARLY title XXI of such Act to cover health care ‘‘(A) 5 percent of amounts received under INTERVENTION SERVICES. costs of eligible individuals and families the grant; or (a) IN GENERAL.—Section 2604(b)(1) (42 with HIV disease. ‘‘(B) $3,000,000.’’. U.S.C. 300ff–14(b)(1)), as amended by section ‘‘(F) Capacity development needs resulting (b) QUALITY MANAGEMENT REQUIRED FOR 104(a), is further amended by adding at the from gaps in the availability of HIV services ELIGIBILITY FOR GRANTS.—Section 2605(a) (42 end the following: in historically underserved low-income com- U.S.C. 300ff–15(a)) is amended— ‘‘(D) EARLY INTERVENTION SERVICES.—Early munities. (1) by redesignating paragraphs (3) through intervention services as described in section ‘‘(2) COMPREHENSIVE SERVICE DELIVERY (6) as paragraphs (5) through (8), respec- 2651(b)(2), with follow-through referral, pro- PLAN.—The council shall develop a com- tively; and vided for the purpose of facilitating the ac- prehensive plan for the organization and de- (2) by inserting after paragraph (2) the fol- cess of individuals receiving the services to livery of health and support services de- lowing: HIV-related health services, but only if the scribed in section 2604. Such plan shall be ‘‘(3) that the chief elected official of the el- entity providing such services— compatible with any existing State or local igible area will satisfy all requirements ‘‘(i)(I) is receiving funds under subpara- plans regarding the provision of such serv- under section 2604(c);’’. graph (A) or (C); or ices to individuals with HIV disease. SEC. 103. FUNDED ENTITIES REQUIRED TO HAVE ‘‘(II) is an entity constituting a point of ‘‘(3) ASSESSMENT OF FUND ALLOCATION EFFI- HEALTH CARE RELATIONSHIPS. access to services, as described in section CIENCY.—The council shall assess the effi- (a) USE OF AMOUNTS.—Section 2604(e)(1) (42 2605(a)(4), that maintains a relationship with ciency of the administrative mechanism in U.S.C. 300ff–14(d)(1)) (as so redesignated by an entity described in subclause (I) and that rapidly allocating funds to the areas of section 102(a)) is amended by inserting ‘‘and is serving individuals at elevated risk of HIV greatest need within the eligible area. the State Children’s Health Insurance Pro- disease; ‘‘(4) STATEWIDE STATEMENT OF NEED.—The gram under title XXI of such Act’’ after ‘‘So- ‘‘(ii) demonstrates to the satisfaction of council shall participate in the development cial Security Act’’. the chief elected official that Federal, State, of the Statewide coordinated statement of (b) APPLICATIONS.—Section 2605(a) (42 or local funds are inadequate for the early need as initiated by the State public health U.S.C. 300ff–15(a)) is amended by inserting intervention services the entity will provide agency responsible for administering grants after paragraph (3), as added by section with funds received under this subparagraph; under part B. 102(b), the following: and ‘‘(5) COORDINATION WITH OTHER FEDERAL ‘‘(4) that funded entities within the eligible ‘‘(iii) demonstrates to the satisfaction of GRANTEES.—The council shall coordinate area that receive funds under a grant under the chief elected official that funds will be with Federal grantees providing HIV-related section 2601(a) shall maintain appropriate re- utilized under this subparagraph to supple- services within the eligible area. lationships with entities in the area served ment not supplant other funds available for ‘‘(6) COMMUNITY PARTICIPATION.—The coun- that constitute key points of access to the such services in the year for which such cil shall establish methods for obtaining health care system for individuals with HIV funds are being utilized. input on community needs and priorities disease (including emergency rooms, sub- (b) CONFORMING AMENDMENTS TO APPLICA- which may include public meetings, con- stance abuse treatment programs, detoxi- TION REQUIREMENTS.—Section 2605(a)(1) (42 ducting focus groups, and convening ad-hoc fication centers, adult and juvenile deten- U.S.C. 300ff–15(a)(1)) is amended— panels. tion facilities, sexually transmitted disease (1) in subparagraph (A), by striking ‘‘serv- clinics, HIV counseling and testing sites, ices to individuals with HIV disease’’ and in- ‘‘(e) PROCESS FOR ESTABLISHING ALLOCA- mental health programs, and homeless shel- serting ‘‘services as described in section TION PRIORITIES.— ters) and other entities under section 2652(a) 2604(b)(1)’’; and ‘‘(1) IN GENERAL.—Not later than 24 months for the purpose of facilitating early interven- (2) in subparagraph (B), by striking ‘‘serv- after the date of enactment of the Ryan tion for individuals newly diagnosed with ices for individuals with HIV disease’’ and in- White CARE Act Amendments of 2000, the HIV disease and individuals knowledgeable serting ‘‘services as described in section Secretary shall— of their status but not in care;’’. 2604(b)(1)’’. ‘‘(A) consult with eligible metropolitan SEC. 104. SUPPORT SERVICES REQUIRED TO BE SEC. 106. REPLACEMENT OF SPECIFIED FISCAL areas, affected communities, experts, and HEALTH CARE-RELATED. YEARS REGARDING THE SUNSET ON other appropriate individuals and entities, to (a) IN GENERAL.—Section 2604(b)(1) (42 EXPEDITED DISTRIBUTION RE- develop epidemiologic measures for estab- U.S.C. 300ff–14(b)(1)) is amended— QUIREMENTS. lishing the number of individuals living with (1) in the matter preceding subparagraph Section 2603(a)(2) (42 U.S.C. 300ff–13(a)(2)) is HIV disease who are not receiving HIV-re- (A), by striking ‘‘HIV-related—’’ and insert- amended by striking ‘‘for each of the fiscal lated health services; and ing ‘‘HIV-related services, as follows:’’; years 1996 through 2000’’ and inserting ‘‘for a ‘‘(B) provide advice and technical assist- (2) in subparagraph (A)— fiscal year’’. ance to planning councils with respect to the (A) by striking ‘‘outpatient’’ and all that SEC. 107. HOLD HARMLESS PROVISION. process for establishing priorities for the al- follows through ‘‘substance abuse treatment Section 2603(a)(4) (42 U.S.C. 300ff–13(a)(4)) is location of funds under subsection (d)(1). and’’ and inserting the following: ‘‘OUT- amended to read as follows: ‘‘(2) EXCEPTION.—Grantees under this part PATIENT HEALTH SERVICES.—Outpatient and ‘‘(4) LIMITATION.—With respect to each of shall not be required to establish priorities ambulatory health services, including sub- fiscal years 2001 through 2005, the Secretary for individuals not in care until epidemio- stance abuse treatment,’’; and shall ensure that the amount of a grant logic measures are developed under para- (B) by striking ‘‘; and’’ and inserting a pe- made to an eligible area under paragraph (2) graph (1).’’. riod; for such a fiscal year is not less than an

VerDate Mar 15 2010 22:45 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06JN0.REC S06JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 6, 2000 CONGRESSIONAL RECORD — SENATE S4585 amount equal to 98 percent of the amount (1) by striking subparagraph (C) and insert- SEC. 124. SUPPORT SERVICES REQUIRED TO BE the eligible area received for the fiscal year ing the following: HEALTH CARE-RELATED. preceding the year for which the determina- ‘‘(C) the State will provide for— (a) TECHNICAL AMENDMENT.—Section tion is being made.’’. ‘‘(i) the establishment of a quality manage- 3(c)(2)(A)(iii) of the Ryan White CARE Act SEC. 108. SET-ASIDE FOR INFANTS, CHILDREN, ment program to assess the extent to which Amendments of 1996 (Public Law 104–146) is AND WOMEN. medical services provided to patients under amended by inserting ‘‘before paragraph (2) Section 2604(b)(3) (42 U.S.C. 300ff–14(b)(3)) is the grant are consistent with the most re- as so redesignated’’ after ‘‘inserting’’. amended— cent Public Health Service guidelines for the (b) SERVICES.—Section 2612(a)(1) (42 U.S.C. (1) by inserting ‘‘for each population under treatment of HIV disease and related oppor- 300ff–22(a)(1)), as so designated by section this subsection’’ after ‘‘council’’; and tunistic infections and to develop strategies 121(a), is amended by striking ‘‘for individ- (2) by striking ‘‘ratio of the’’ and inserting for improvements in the access to and qual- uals with HIV disease’’ and inserting ‘‘, sub- ‘‘ratio of each’’. ity of medical services; and ject to the conditions and limitations that apply under such section’’. Subtitle B—Amendments to Part B (Care ‘‘(ii) a periodic review (such as through an (c) CONFORMING AMENDMENT TO STATE AP- Grant Program) independent peer review) to assess the qual- ity and appropriateness of HIV-related PLICATION REQUIREMENT.—Section 2617(b)(2) SEC. 121. STATE REQUIREMENTS CONCERNING health and support services provided by enti- (42 U.S.C. 300ff–27(b)(2)), as amended by sec- IDENTIFICATION OF NEED AND AL- tion 121(b), is further amended by inserting LOCATION OF RESOURCES. ties that receive funds from the State under this part;’’; after subparagraph (D) the following: (a) GENERAL USE OF GRANTS.—Section 2612 (2) by redesignating subparagraphs (E) and ‘‘(E) an assurance that the State has proce- (42 U.S.C. 300ff–22) is amended— dures in place to ensure that services pro- (1) by striking ‘‘A State’’ and inserting (F) as subparagraphs (F) and (G), respec- tively; vided with funds received under this section ‘‘(a) IN GENERAL.—A State’’; and (3) by inserting after subparagraph (D), the meet the criteria specified in section (2) in the matter following paragraph (5)— following: 2604(b)(1)(B); and’’. (A) by striking ‘‘Services’’ and inserting: ‘‘(E) an assurance that the State, through SEC. 125. USE OF GRANT FUNDS FOR EARLY ‘‘(b) DELIVERY OF SERVICES.—Services’’; systems of HIV-related health services pro- INTERVENTION SERVICES. (B) by striking ‘‘paragraph (1)’’ and insert- vided under paragraphs (1), (2), and (3) of sec- Section 2612(a) (42 U.S.C. 300ff–22(a)), as ing ‘‘subsection (a)(1)’’; and tion 2612(a), has considered strategies for amended by section 121, is further amended— (C) by striking ‘‘paragraph (2)’’ and insert- working with providers to make optimal use (1) in paragraph (4), by striking ‘‘and’’ at ing ‘‘subsection (a)(2) and section 2613’’; of financial assistance under the State med- the end; (b) APPLICATION.—Section 2617(b) (42 U.S.C. icaid plan under title XIX of the Social Secu- (2) in paragraph (5), by striking the period 300ff–27(b)) is amended— rity Act, the State Children’s Health Insur- and inserting ‘‘; and’’; and (1) in paragraph (1)(C)— ance Program under title XXI of such Act, (3) by adding at the end the following: (A) by striking clause (i) and inserting the and other Federal grantees that provide HIV- ‘‘(6) to provide, through systems of HIV-re- following: related services, to maximize access to qual- lated health services provided under para- ‘‘(i) the size and demographic characteris- ity HIV-related health and support services; graphs (1), (2), and (3), early intervention tics of the population with HIV disease to be (4) in subparagraph (F), as so redesignated, services, as described in section 2651(b)(2), served, except that by not later than October by striking ‘‘and’’ at the end; and with follow-up referral, provided for the pur- 1, 2002, the State shall take into account the (5) in subparagraph (G), as so redesignated, pose of facilitating the access of individuals needs of individuals not in care, based on epi- by striking the period and inserting ‘‘; and’’. receiving the services to HIV-related health demiologic measures developed by the Sec- (b) AVAILABILITY OF FUNDS FOR QUALITY services, but only if the entity providing retary in consultation with the State, af- MANAGEMENT.— such services— fected communities, experts, and other ap- (1) AVAILABILITY OF GRANT FUNDS FOR PLAN- ‘‘(A)(i) is receiving funds under section propriate individuals (such State shall not be NING AND EVALUATION.—Section 2618(c)(3) (42 2612(a)(1); or required to establish priorities for individ- U.S.C. 300ff–28(c)(3)) is amended by inserting ‘‘(ii) is an entity constituting a point of ac- uals not in care until such epidemiologic before the period ‘‘, including not more than cess to services, as described in section measures are developed);’’; $3,000,000 for all activities associated with its 2617(b)(4), that maintains a referral relation- (B) in clause (iii), by striking ‘‘and’’ at the quality management program’’. ship with an entity described in clause (i) end; and (2) EXCEPTION TO COMBINED CEILING ON and that is serving individuals at elevated (C) by adding at the end the following: PLANNING AND ADMINISTRATION FUNDS FOR risk of HIV disease; ‘‘(v) the availability of other governmental STATES WITH SMALL GRANTS.—Paragraph (6) ‘‘(B) demonstrates to the State’s satisfac- and non-governmental resources; of section 2618(c) (42 U.S.C. 300ff–28(c)(6)) is tion that other Federal, State, or local funds ‘‘(vi) the capacity development needs re- amended to read as follows: are inadequate for the early intervention sulting in gaps in the provision of HIV serv- ‘‘(6) EXCEPTION FOR QUALITY MANAGE- services the entity will provide with funds ices in historically underserved low-income MENT.—Notwithstanding paragraph (5), a received under this paragraph; and and rural low-income communities; and State whose grant under this part for a fiscal ‘‘(C) demonstrates to the satisfaction of ‘‘(vii) the efficiency of the administrative year does not exceed $1,500,000 may use not the State that funds will be utilized under mechanism in rapidly allocating funds to the to exceed 20 percent of the amount of the this paragraph to supplement not supplant areas of greatest need within the State;’’; grant for the purposes described in para- other funds available for such services in the and graphs (3) and (4) if— year for which such funds are being uti- (2) in paragraph (2)— ‘‘(A) that portion of the amount that may lized.’’. (A) in subparagraph (B), by striking ‘‘and’’ be used for such purposes in excess of 15 per- at the end; SEC. 126. AUTHORIZATION OF APPROPRIATIONS cent of the grant is used for its quality man- FOR HIV-RELATED SERVICES FOR (B) by redesignating subparagraph (C) as agement program; and WOMEN AND CHILDREN. subparagraph (F); and ‘‘(B) the State submits and the Secretary Section 2625(c)(2) (42 U.S.C. 300ff–33(c)(2)) is (C) by inserting after subparagraph (B), the approves a plan (in such form and containing amended by striking ‘‘fiscal years 1996 following: such information as the Secretary may pre- through 2000’’ and inserting ‘‘fiscal years 2001 ‘‘(C) an assurance that capacity develop- scribe) for use of funds for its quality man- through 2005’’. ment needs resulting from gaps in the provi- agement program.’’. SEC. 127. REPEAL OF REQUIREMENT FOR COM- sion of services in underserved low-income SEC. 123. FUNDED ENTITIES REQUIRED TO HAVE PLETED INSTITUTE OF MEDICINE and rural low-income communities will be HEALTH CARE RELATIONSHIPS. REPORT. addressed; and Section 2617(b)(4) (42 U.S.C. 300ff–27(b)(4)), Section 2628 (42 U.S.C. 300ff–36) is repealed. ‘‘(D) with respect to fiscal year 2003 and as amended by section 122(a), is further SEC. 128. SUPPLEMENTAL GRANTS FOR CERTAIN subsequent fiscal years, assurances that, in amended by adding at the end the following: STATES. the planning and allocation of resources, the ‘‘(H) that funded entities maintain appro- Subpart I of part B of title XXVI of the State, through systems of HIV-related priate relationships with entities in the area Public Health Service Act (42 U.S.C. 300ff–11 health services provided under paragraphs served that constitute key points of access et seq.) is amended by adding at the end the (1), (2), and (3) of section 2612(a), will make to the health care system for individuals following: appropriate provision for the HIV-related with HIV disease (including emergency ‘‘SEC. 2622. SUPPLEMENTAL GRANTS. health and support service needs of individ- rooms, substance abuse treatment programs, ‘‘(a) IN GENERAL.—The Secretary shall uals who have been diagnosed with HIV dis- detoxification centers, adult and juvenile de- award supplemental grants to States deter- ease but who are not currently receiving tention facilities, sexually transmitted dis- mined to be eligible under subsection (b) to such services, based on the epidemiologic ease clinics, HIV counseling and testing enable such States to provide comprehensive measures developed under paragraph sites, mental health programs, and homeless services of the type described in section (1)(C)(i);’’. shelters), and other entities under section 2612(a) to supplement the services otherwise SEC. 122. QUALITY MANAGEMENT. 2652(a), for the purpose of facilitating early provided by the State under a grant under (a) STATE REQUIREMENT FOR QUALITY MAN- intervention for individuals newly diagnosed this subpart in emerging communities with- AGEMENT.—Section 2617(b)(4) (42 U.S.C. 300ff– with HIV disease and individuals knowledge- in the State that are not eligible to receive 27(b)(4)) is amended— able of their status but not in care.’’. grants under part A.

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‘‘(b) ELIGIBILITY.—To be eligible to receive 2618(b)(2)(H), for such fiscal year that is in shall award supplemental grants to States a supplemental grant under subsection (a) a excess of the amount appropriated to carry determined to be eligible under paragraph (2) State shall— out such part in fiscal year preceding the fis- to enable such States to increase access to ‘‘(1) be eligible to receive a grant under cal year involved; or therapeutics to treat HIV disease as provided this subpart; ‘‘(ii) $5,000,000; by the State under subsection (c)(1)(B) for in- ‘‘(2) demonstrate the existence in the State to provide funds to States for use in emerg- dividuals at or below 200 percent of the Fed- of an emerging community as defined in sub- ing communities with at least 500, but less eral poverty line. section (d)(1); and than 1000, cases of AIDS reported to and con- ‘‘(2) CRITERIA.—The Secretary shall de- ‘‘(3) submit the information described in firmed by the Director of the Centers for Dis- velop criteria for the awarding of grants subsection (c). ease Control and Prevention for the five year under paragraph (1) to States that dem- ‘‘(c) REPORTING REQUIREMENTS.—A State period preceding the year for which the onstrate a severe need. In determining the that desires a grant under this section shall, grant is being awarded. criteria for demonstrating State severity of as part of the State application submitted ‘‘(2) TRIGGER OF FUNDING.—This section need, the Secretary shall consider eligibility under section 2617, submit a detailed descrip- shall be effective only for fiscal years begin- standards and formulary composition. tion of the manner in which the State will ning in the first fiscal year in which the ‘‘(3) STATE REQUIREMENT.—The Secretary use amounts received under the grant and of amount appropriated under 2677 to carry out may not make a grant to a State under this the severity of need. Such description shall part B, excluding the amount appropriated subsection unless the State agrees that— include— under section 2618(b)(2)(H), exceeds by at ‘‘(A) the State will make available (di- ‘‘(1) a report concerning the dissemination least $20,000,000 the amount appropriated rectly or through donations from public or of supplemental funds under this section and under 2677 to carry out part B in fiscal year private entities) non-Federal contributions the plan for the utilization of such funds in 2000, excluding the amount appropriated toward the activities to be carried out under the emerging community; under section 2618(b)(2)(H). the grant in an amount equal to $1 for each ‘‘(2) a demonstration of the existing com- ‘‘(3) MINIMUM AMOUNT IN FUTURE YEARS.— $4 of Federal funds provided in the grant; and mitment of local resources, both financial Beginning with the first fiscal year in which ‘‘(B) the State will not impose eligibility and in-kind; amounts provided for emerging communities requirements for services or scope of benefits ‘‘(3) a demonstration that the State will under paragraph (1)(A) equals $5,000,000 and limitations under subsection (a) that are maintain HIV-related activities at a level under paragraph (1)(B) equals $5,000,000, the more restrictive than such requirements in that is equal to not less than the level of Secretary shall ensure that amounts made effect as of January 1, 2000. such activities in the State for the 1-year pe- available under this section for the types of ‘‘(4) USE AND COORDINATION.—Amounts riod preceding the fiscal year for which the emerging communities described in each made available under a grant under this sub- State is applying to receive a grant under such paragraph in subsequent fiscal years is section shall only be used by the State to this part; at least $5,000,000. provide HIV/AIDS-related medications. The ‘‘(4) a demonstration of the ability of the ‘‘(4) DISTRIBUTION.—The amount of a grant State shall coordinate the use of such State to utilize such supplemental financial awarded to a State under this section shall amounts with the amounts otherwise pro- resources in a manner that is immediately be determined by the Secretary based on the vided under this section in order to maxi- responsive and cost effective; formula described in section 2618(b)(2), ex- mize drug coverage. ‘‘(5) a demonstration that the resources cept that in applying such formula, the Sec- ‘‘(5) FUNDING.— will be allocated in accordance with the retary shall— ‘‘(A) RESERVATION OF AMOUNT.—The Sec- local demographic incidence of AIDS includ- ‘‘(A) substitute ‘1.0’ for ‘.80’ in subpara- retary shall reserve 3 percent of any amount ing appropriate allocations for services for graph (A)(ii)(I) of such section; and referred to in section 2618(b)(2)(H) that is ap- infants, children, women, and families with ‘‘(B) not consider the provisions of sub- propriated for a fiscal year, to carry out this HIV disease; paragraphs (A)(ii)(II) and (C) of such sec- subsection. ‘‘(6) a demonstration of the inclusiveness tion.’’. ‘‘(B) MINIMUM AMOUNT.—In providing of the planning process, with particular em- SEC. 129. USE OF TREATMENT FUNDS. grants under this subsection, the Secretary phasis on affected communities and individ- (a) STATE DUTIES.—Section 2616(c) (42 shall ensure that the amount of a grant to a uals with HIV disease; and U.S.C. 300ff–26(c)) is amended— State under this part is not less than the ‘‘(7) a demonstration of the manner in (1) in the matter preceding paragraph (1), amount the State received under this part in which the proposed services are consistent by striking ‘‘shall—’’ and inserting ‘‘shall the previous fiscal year, as a result of grants with local needs assessments and the state- use funds made available under this section provided under this subsection.’’. wide coordinated statement of need. to—’’; (c) SUPPLEMENT AND NOT SUPPLANT.—Sec- ‘‘(d) DEFINITION OF EMERGING COMMUNITY.— (2) by redesignating paragraphs (1) through tion 2616 (42 U.S.C. 300ff–26(c)), as amended In this section, the term ‘emerging commu- (5) as subparagraphs (A) through (E), respec- by subsection (b), is further amended by add- nity’ means a metropolitan area— tively and realigning the margins of such ing at the end the following: ‘‘(1) that is not eligible for a grant under subparagraphs appropriately; ‘‘(f) SUPPLEMENT NOT SUPPLANT.—Notwith- part A; and (3) in subparagraph (D) (as so redesig- standing any other provision of law, ‘‘(2) for which there has been reported to nated), by striking ‘‘and’’ at the end; amounts made available under this section the Director of the Centers for Disease Con- (4) in subparagraph (E) (as so redesig- shall be used to supplement and not supplant trol and Prevention a cumulative total of be- nated), by striking the period and inserting other funding available to provide treat- tween 500 and 1999 cases of acquired immune ‘‘; and’’; and ments of the type that may be provided deficiency syndrome for the most recent pe- (5) by adding at the end the following: under this section.’’. riod of 5 calendar years for which such data ‘‘(F) encourage, support, and enhance ad- SEC. 130. INCREASE IN MINIMUM ALLOTMENT. herence to and compliance with treatment are available. (a) IN GENERAL.—Section 2618(b)(1)(A)(i) (42 regimens, including related medical moni- ‘‘(e) FUNDING.— U.S.C. 300ff–28(b)(1)(A)(i)) is amended— toring.’’; ‘‘(1) IN GENERAL.—Subject to paragraph (2), (1) in subclause (I), by striking ‘‘$100,000’’ (6) by striking ‘‘In carrying’’ and inserting with respect to each fiscal year beginning and inserting ‘‘$200,000’’; and the following: with fiscal year 2001, the Secretary, to carry (2) in subclause (II), by striking ‘‘$250,000’’ ‘‘(1) IN GENERAL.—In carrying’’; and out this section, shall utilize— and inserting ‘‘$500,000’’. (7) by adding at the end the following: ‘‘(A) the greater of— (b) TERRITORIES.—Section 2618(b)(1)(B) (42 ‘‘(2) LIMITATIONS.— U.S.C. 300ff–28(b)(1)(B)) is amended by insert- ‘‘(i) 25 percent of the amount appropriated ‘‘(A) IN GENERAL.—No State shall use funds ing ‘‘the greater of $50,000 or’’ after ‘‘shall under 2677 to carry out part B, excluding the under paragraph (1)(F) unless the limitations be’’. amount appropriated under section on access to HIV/AIDS therapeutic regimens (c) TECHNICAL AMENDMENT.—Section 2618(b)(2)(H), for such fiscal year that is in as defined in subsection (e)(2) are eliminated. 2618(b)(3)(B) (42 U.S.C. 300ff–28(b)(3)(B)) is excess of the amount appropriated to carry ‘‘(B) AMOUNT OF FUNDING.—No State shall amended by striking ‘‘and the Republic of out such part in fiscal year preceding the fis- use in excess of 10 percent of the amount set- the Marshall Islands’’ and inserting ‘‘, the cal year involved; or aside for use under this section in any fiscal Republic of the Marshall Islands, the Fed- ‘‘(ii) $5,000,000; year to carry out activities under paragraph erated States of Micronesia, and the Repub- to provide funds to States for use in emerg- (1)(F) unless the State demonstrates to the lic of Palau, and only for purposes of para- ing communities with at least 1000, but less Secretary that such additional services are graph (1) the Commonwealth of Puerto than 2000, cases of AIDS as reported to and essential and in no way diminish access to Rico’’. confirmed by the Director of the Centers for therapeutics.’’. SEC. 131. SET-ASIDE FOR INFANTS, CHILDREN, Disease Control and Prevention for the five (b) SUPPLEMENT GRANTS.—Section 2616 (42 AND WOMEN. year period preceding the year for which the U.S.C. 300ff–26) is amended by adding at the Section 2611(b) (42 U.S.C. 300ff–21(b)) is grant is being awarded; and end the following: amended— ‘‘(B) the greater of— ‘‘(e) SUPPLEMENTAL GRANTS FOR THE PROVI- (1) by inserting ‘‘for each population under ‘‘(i) 25 percent of the amount appropriated SION OF TREATMENTS.— this subsection’’ after ‘‘State shall use’’; and under 2677 to carry out part B, excluding the ‘‘(1) IN GENERAL.—From amounts made (2) by striking ‘‘ratio of the’’ and inserting amount appropriated under section available under paragraph (5), the Secretary ‘‘ratio of each’’.

VerDate Mar 15 2010 22:45 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00080 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06JN0.REC S06JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 6, 2000 CONGRESSIONAL RECORD — SENATE S4587 Subtitle C—Amendments to Part C (Early ministrative activities with respect to the SEC. 152. LIMITATION ON ADMINISTRATIVE EX- Intervention Services) grant;’’; PENSES. SEC. 141. AMENDMENT OF HEADING; REPEAL OF (2) in paragraph (4), by striking the period Section 2671 (42 U.S.C. 300ff–71) is amend- FORMULA GRANT PROGRAM. and inserting ‘‘; and’’; and ed— (a) AMENDMENT OF HEADING.—The heading (3) by adding at the end the following: (1) by redesignating subsections (i) and (j), of part C of title XXVI is amended to read as ‘‘(5) the applicant will provide for the es- as subsections (j) and (k), respectively; and follows: tablishment of a quality management pro- (2) by inserting after subsection (h), the ‘‘PART C—EARLY INTERVENTION AND PRIMARY gram to assess the extent to which medical following: CARE SERVICES’’. services funded under this title that are pro- ‘‘(i) LIMITATION ON ADMINISTRATIVE EX- PENSES.— (b) REPEAL.—Part C of title XXVI (42 vided to patients are consistent with the U.S.C. 300ff–41 et seq.) is amended— most recent Public Health Service guidelines ‘‘(1) DETERMINATION BY SECRETARY.—Not (1) by repealing subpart I; and for the treatment of HIV disease and related later than 12 months after the date of enact- (2) by redesignating subparts II and III as opportunistic infections and that improve- ment of the Ryan White Care Act Amend- subparts I and II. ments in the access to and quality of medical ments of 2000, the Secretary, in consultation (c) CONFORMING AMENDMENTS.— services are addressed.’’. with grantees under this part, shall conduct (1) INFORMATION REGARDING RECEIPT OF SEC. 145. PREFERENCE FOR CERTAIN AREAS. a review of the administrative, program sup- SERVICES.—Section 2661(a) (42 U.S.C. 300ff– Section 2651 (42 U.S.C. 300ff–51) is amended port, and direct service-related activities 61(a)) is amended by striking ‘‘unless—’’ and by adding at the end the following: that are carried out under this part to ensure all that follows through ‘‘(2) in the case of’’ ‘‘(d) PREFERENCE IN AWARDING GRANTS.—In that eligible individuals have access to qual- and inserting ‘‘unless, in the case of’’. awarding new grants under this section, the ity, HIV-related health and support services (2) ADDITIONAL AGREEMENTS.—Section 2664 Secretary shall give preference to applicants and research opportunities under this part, (42 U.S.C. 300ff–64) is amended— that will use amounts received under the and to support the provision of such services. (A) in subsection (e)(5), by striking ‘‘2642(b) grant to serve areas that are determined to ‘‘(2) REQUIREMENTS.— or’’; be rural and underserved for the purposes of ‘‘(A) IN GENERAL.—Not later than 180 days (B) in subsection (f)(2), by striking ‘‘2642(b) providing health care to individuals infected after the expiration of the 12-month period or’’; and with HIV or diagnosed with AIDS.’’. referred to in paragraph (1) the Secretary, in (C) by striking subsection (h). SEC. 146. TECHNICAL AMENDMENT. consultation with grantees under this part, SEC. 142. PLANNING AND DEVELOPMENT Section 2652(a) (42 U.S.C. 300ff-52(a)) is shall determine the relationship between the GRANTS. amended— costs of the activities referred to in para- (a) ALLOWING PLANNING AND DEVELOPMENT (1) striking paragraphs (1) and (2) and in- graph (1) and the access of eligible individ- GRANT TO EXPAND ABILITY TO PROVIDE PRI- serting the following: uals to the services and research opportuni- MARY CARE SERVICES.—Section 2654(c) (42 ‘‘(1) health centers under section 330;’’; and ties described in such paragraph. U.S.C. 300ff–54(c)) is amended— (2) by redesignating paragraphs (3) through ‘‘(B) LIMITATION.—After a final determina- (1) in paragraph (1), to read as follows: (6) as paragraphs (2) through (5), respec- tion under subparagraph (A), the Secretary ‘‘(1) IN GENERAL.—The Secretary may pro- tively. may not make a grant under this part unless vide planning and development grants to Subtitle D—Amendments to Part D (General the grantee complies with such requirements public and nonprofit private entities for the Provisions) as may be included in such determination.’’. purpose of— SEC. 151. RESEARCH INVOLVING WOMEN, IN- SEC. 153. EVALUATIONS AND REPORTS. ‘‘(A) enabling such entities to provide HIV FANTS, CHILDREN, AND YOUTH. Section 2674(c) (42 U.S.C. 399ff–74(c)) is early intervention services; or (a) ELIMINATION OF REQUIREMENT TO EN- amended by striking ‘‘1991 through 1995’’ and ‘‘(B) assisting such entities to expand the ROLL SIGNIFICANT NUMBERS OF WOMEN AND inserting ‘‘2001 through 2005’’. capacity, preparedness, and expertise to de- CHILDREN.—Section 2671(b) (42 U.S.C. 300ff– SEC. 154. AUTHORIZATION OF APPROPRIATIONS liver primary care services to individuals 71(b)) is amended— FOR GRANTS UNDER PARTS A AND B. with HIV disease in underserved low-income (1) in paragraph (1), by striking subpara- Section 2677 (42 U.S.C. 300ff–77) is amended communities on the condition that the funds graphs (C) and (D); and to read as follows: are not used to purchase or improve land or (2) by striking paragraphs (3) and (4). ‘‘SEC. 2677. AUTHORIZATION OF APPROPRIA- to purchase, construct, or permanently im- (b) INFORMATION AND EDUCATION.—Section TIONS. prove (other than minor remodeling) any 2671(d) (42 U.S.C. 300ff–71(d)) is amended by ‘‘There are authorized to be appropriated— building or other facility.’’; and adding at the end the following: ‘‘(1) such sums as may be necessary to (2) in paragraphs (2) and (3) by striking ‘‘(4) The applicant will provide individuals carry out part A for each of the fiscal years ‘‘paragraph (1)’’ each place that such appears with information and education on opportu- 2001 through 2005; and and inserting ‘‘paragraph (1)(A)’’. nities to participate in HIV/AIDS-related ‘‘(2) such sums as may be necessary to (b) AMOUNT; DURATION.—Section 2654(c) (42 clinical research.’’. carry out part B for each of the fiscal years U.S.C. 300ff–54(c)), as amended by subsection (c) QUALITY MANAGEMENT; ADMINISTRATIVE 2001 through 2005.’’. (a), is further amended— EXPENSES CEILING.—Section 2671(f) (42 U.S.C. (1) by redesignating paragraph (4) as para- 300ff–71(f)) is amended— Subtitle E—Amendments to Part F graph (5); and (1) by striking the subsection heading and (Demonstration and Training) (2) by inserting after paragraph (3) the fol- designation and inserting the following: SEC. 161. AUTHORIZATION OF APPROPRIATIONS. lowing: ‘‘(f) ADMINISTRATION.— (a) SCHOOLS; CENTERS.—Section 2692(c)(1) ‘‘(4) AMOUNT AND DURATION OF GRANTS.— ‘‘(1) APPLICATION.—’’; and (42 U.S.C. 300ff–111(c)(1)) is amended by strik- ‘‘(A) EARLY INTERVENTION SERVICES.—A (2) by adding at the end the following: ing ‘‘fiscal years 1996 through 2000’’ and in- grant under paragraph (1)(A) may be made in ‘‘(2) QUALITY MANAGEMENT PROGRAM.—A serting ‘‘fiscal years 2001 through 2005’’. an amount not to exceed $50,000. grantee under this section shall implement a (b) DENTAL SCHOOLS.—Section 2692(c)(2) (42 ‘‘(B) CAPACITY DEVELOPMENT.— quality management program.’’. U.S.C. 300ff–111(c)(2)) is amended by striking ‘‘(i) AMOUNT.—A grant under paragraph (d) COORDINATION.—Section 2671(g) (42 ‘‘fiscal years 1996 through 2000’’ and inserting (1)(B) may be made in an amount not to ex- U.S.C. 300ff–71(g)) is amended by adding at ‘‘fiscal years 2001 through 2005’’. ceed $150,000. the end the following: ‘‘The Secretary acting (c) DENTAL SCHOOLS AND PROGRAMS.—Sec- ‘‘(ii) DURATION.—The total duration of a through the Director of NIH, shall examine tion 2692(b) of the Public Health Service Act grant under paragraph (1)(B), including any the distribution and availability of ongoing (42 U.S.C. 300ff-111(b)) is amended— renewal, may not exceed 3 years.’’. and appropriate HIV/AIDS-related research (1) in paragraph (1), by striking (c) INCREASE IN LIMITATION.—Section projects to existing sites under this section ‘‘777(b)(4)(B)’’ and inserting ‘‘777(b)(4)(B) (as 2654(c)(5) (42 U.S.C. 300ff–54(c)(5)), as so redes- for purposes of enhancing and expanding vol- such section existed on the day before the ignated by subsection (b), is amended by untary access to HIV-related research, espe- date of enactment of the Health Professions striking ‘‘1 percent’’ and inserting ‘‘5 per- cially within communities that are not rea- Education Partnerships Act of 1998 (Public cent’’. sonably served by such projects. Not later Law 105-392)) and dental hygiene programs SEC. 143. AUTHORIZATION OF APPROPRIATIONS than 12 months after the date of enactment that are accredited by the Commission on FOR CATEGORICAL GRANTS. of the Ryan White CARE Act Amendments of Dental Accreditation’’; and Section 2655 (42 U.S.C. 300ff–55) is amended 2000, the Secretary shall prepare and submit (2) in paragraph (2), by striking by striking ‘‘1996’’ and all that follows to the appropriate committees of Congress a ‘‘777(b)(4)(B)’’ and inserting ‘‘777(b)(4)(B) (as through ‘‘2000’’ and inserting ‘‘2001 through report that describes the findings made by such section existed on the day before the 2005’’. the Director and the manner in which the date of enactment of the Health Professions SEC. 144. ADMINISTRATIVE EXPENSES CEILING; conclusions based on those findings can be Education Partnerships Act of 1998 (Public QUALITY MANAGEMENT PROGRAM. addressed.’’. Law 105-392))’’. Section 2664(g) (42 U.S.C. 300ff–64(g)) is (e) AUTHORIZATION OF APPROPRIATIONS.— amended— Section 2671(j) (42 U.S.C. 300ff–71(j)) is TITLE II—MISCELLANEOUS PROVISIONS (1) in paragraph (3), to read as follows: amended by striking ‘‘fiscal years 1996 SEC. 201. INSTITUTE OF MEDICINE STUDY. ‘‘(3) the applicant will not expend more through 2000’’ and inserting ‘‘fiscal years 2001 (a) IN GENERAL.—Not later than 120 days than 10 percent of the grant for costs of ad- through 2005’’. after the date of enactment of this Act, the

VerDate Mar 15 2010 22:45 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00081 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06JN0.REC S06JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4588 CONGRESSIONAL RECORD — SENATE June 6, 2000 Secretary of Health and Human Services SUBCOMMITTEE ON WATER AND POWER The list is as follows: shall enter into a contract with the Institute Mr. SMITH of Oregon. Mr. President, Charles S. Abell, Charles W. Alsup, Judith of Medicine for the conduct of a study con- I would like to announce for the infor- A. Ansley, John R. Barnes, Beth Ann cerning the appropriate epidemiological mation of the Senate and the public Barozie, Romie L. Brownlee, Courtney A. measures and their relationship to the fi- that a joint legislative hearing has Burke, Christine E. Cowart, Daniel J. Cox, nancing and delivery of primary care and Jr., Madelyn R. Creedon, Richard D. health-related support services for low-in- been scheduled before the Sub- DeBobes, Marie Fabrizio Dickinson, Kristin come, uninsured, and under-insured individ- committee on Water and Power, and A. Dowley, Edward E. Edens IV, Pamela L. uals with HIV disease. the Committee on Indian Affairs. The Farrell, Richard W. Fieldhouse. (b) REQUIREMENTS.— purpose of the hearing is to receive tes- Mickie Jan Gordon, Creighton Greene, Wil- (1) COMPLETION.—The study under sub- timony on S. 2508, the Colorado Ute In- liam C. Greenwalt, Gary M. Hall, Mary Alice section (a) shall be completed not later than dian Water Rights Settlement Act A. Hayward, Shekinah Z. Hill, Larry J. Hoag, 21 months after the date on which the con- Lawrence J. Lanzillotta, George W. Lauffer, tract referred to in such subsection is en- Amendments of 2000. Gerald J. Leeling, Peter K. Levine, Patricia tered into. The hearing will take place on L. Lewis, Paul M. Longsworth, David S. (2) ISSUES TO BE CONSIDERED.—The study Wednesday, June 7, 2000 at 2:30 p.m. in Lyles, Thomas L. MacKenzie. conducted under subsection (a) shall con- room SR–485 of the Russell Senate Of- Michael J. McCord, Ann M. Mittermeyer, sider— fice Building in Washington, D.C. Thomas C. Moore, Jennifer L. Naccari, David (A) the availability and utility of health SUBCOMMITTEE ON WATER AND POWER P. Nunley, Cindy Pearson, Sharen E. Reaves, outcomes measures and data for HIV pri- Mr. SMITH of Oregon. Mr. President, Suzanne K.L. Ross, Anita H. Rouse, Joseph mary care and support services and the ex- T. Sixeas, Cord A. Sterling, Madeline N. tent to which those measures and data could I would like to announce for the infor- Stewart, Scott W. Stucky, Eric H. be used to measure the quality of such fund- mation of the Senate and the public Thoemmes, Michele A. Traficante, Roslyne ed services; that the oversight hearing regarding D. Turner. (B) the effectiveness and efficiency of serv- the National Marine Fisheries Serv- ice delivery (including the quality of serv- ice’s draft Biological Opinion and its Mr. WARNER. Mr. President, I ask ices, health outcomes, and resource use) potential impact on the Columbia unanimous consent that Senator within the context of a changing health care River operations, which has been pre- MCCAIN’s legislative fellow, Navy and therapeutic environment as well as the viously scheduled for Wednesday, June Comdr. Douglas J. Denneny, be granted changing epidemiology of the epidemic; 14, 2000 at 2:30 p.m. in room SD–366 of floor privileges during consideration of (C) existing and needed epidemiological S. 2549. data and other analytic tools for resource the Dirksen Senate Office Building in planning and allocation decisions, specifi- Washington, D.C. has been indefinitely The PRESIDING OFFICER. Without cally for estimating severity of need of a postponed. objection, it is so ordered. community and the relationship to the allo- f Mr. WARNER. Mr. President, I ask cations process; and unanimous consent that Mike Daly, a (D) other factors determined to be relevant AUTHORITY FOR COMMITTEES TO fellow in the office of Senator ABRA- to assessing an individual’s or community’s MEET HAM, be granted floor privileges during ability to gain and sustain access to quality COMMITTEE ON ENVIRONMENT AND PUBLIC consideration of S. 2549. HIV services. WORKS The PRESIDING OFFICER. Without (c) REPORT.—Not later than 90 days after the date on which the study is completed Mr. GRAMS. Mr. President, I ask objection, it is so ordered. under subsection (a), the Secretary of Health unanimous consent that the Com- Mr. ALLARD. Mr. President, I ask and Human Services shall prepare and sub- mittee on Environment and Public unanimous consent that Doug Flanders mit to the appropriate committees of Con- Works be authorized to meet on Tues- of my staff have floor privileges during gress a report describing the manner in day, June 6, at 10:00 a.m., to conduct a the entire debate of S. 2549. which the conclusions and recommendations hearing to receive testimony on S. 1311, The PRESIDING OFFICER. Without of the Institute of Medicine can be addressed and implemented. to establish Region XI of the Environ- objection, it is so ordered. mental Protection Agency. Mr. KERREY. Mr. President, I ask f The PRESIDING OFFICER. Without unanimous consent that privileges of NOTICES OF HEARINGS objection, it is so ordered. the floor be granted to the following COMMITTEE ON INDIAN AFFAIRS COMMITTEE ON FOREIGN RELATIONS member of Senator EDWARDS’ staff: Mr. CAMPBELL. Mr. President, I Mr. GRAMS. Mr. President, I ask Bob Morgan. would like to announce that the Com- unanimous consent that the Com- The PRESIDING OFFICER. Without mittee on Indian Affairs will meet dur- mittee on Foreign Relations be author- objection, it is so ordered. ing the session of the Senate on ized to meet on Tuesday, June 6, 2000, Mr. KYL. Mr. President, I ask unani- Wednesday, June 7, 2000 at 2:30 p.m. to at 11:00 a.m. mous consent Martha McSally, a fellow conduct a hearing on S. 2508, the Colo- The PRESIDING OFFICER. Without in my office, be granted floor privileges rado Ute Indian Water Rights Settle- objection, it is so ordered. during the Defense authorization bill, ment Act Amendments of 2000. The Mr. GRAMS. Mr. President, I ask S. 2549. hearing will be held in room 485, Rus- unanimous consent that the Sub- The PRESIDING OFFICER. Without sell Senate Building. committee on Administrative Over- objection, it is so ordered. SUBCOMMITTEE ON FORESTS AND PUBLIC LAND sight and the Courts be authorized to f MANAGEMENT meet to conduct a hearing on Tuesday, MEASURE INDEFINITELY Mr. CRAIG. Mr. President, I would June 6, 2000, at 11:00 a.m., in 226 Dirk- POSTPONED—S. 1650 like to announce for the public that a sen. hearing has been scheduled before the The PRESIDING OFFICER. Without Mr. WARNER. Mr. President, I ask Subcommittee on Forests and Public objection, it is so ordered. unanimous consent that the Senate Land Management. f passage of S. 1650 be vitiated; further, The hearing will take place on Satur- the bill be indefinitely postponed. day, June 17, 2000, at 9:00 a.m. on the PRIVILEGES OF THE FLOOR The PRESIDING OFFICER. Without campus of the College of Southern Mr. WARNER. Mr. President, I ask objection, it is so ordered. Idaho, Twin Falls, Idaho. unanimous consent that the staff mem- f The purpose of this hearing is to con- bers of the Committee on Armed Serv- duct oversight on the proposed expan- ices appearing on the list I send to the JOINT REFERRAL sion of the Craters of the Moon Na- desk be extended the privilege of the Mr. WARNER. Mr. President, as if in tional Monument. floor during consideration of S. 2549, executive session, I ask unanimous Those who wish to submit written and further, that David Hahn, a mili- consent that the nomination of Robert statements should write to the Com- tary fellow serving in my Senate office S. Larussa, of Maryland, to be Under mittee on Energy and Natural Re- be granted floor privileges for the dura- Secretary of Commerce for Inter- sources, U.S. Senate, Washington, D.C. tion of S. 2549. national Trade, received on May 25, 20510. For further information, please The PRESIDING OFFICER. Without 2000, be jointly referred to the Com- call Mike Menge (202) 224–6170. objection, it is so ordered. mittee on Finance and the Committee

VerDate Mar 15 2010 22:45 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00082 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06JN0.REC S06JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 6, 2000 CONGRESSIONAL RECORD — SENATE S4589 on Banking, Housing, and Urban Af- States Armed Forces for the protection and Sec. 102. Quality management. fairs. service that such members provide. Sec. 103. Funded entities required to have The PRESIDING OFFICER. Without (9) Recognizing the many sacrifices made health care relationships. by members of the United States Armed Sec. 104. Support services required to be health objection, it is so ordered. Forces is important. care-related. f (10) It is proper to recognize and honor the Sec. 105. Use of grant funds for early interven- dedication and commitment of members of tion services. NATIONAL MILITARY the United States Armed Forces, and to Sec. 106. Replacement of specified fiscal years APPRECIATION MONTH show appreciation for all contributions made regarding the sunset on expedited distribution requirements. Mr. WARNER. Mr. President, I ask by such members since the inception of such Forces. Sec. 107. Hold harmless provision. unanimous consent that the Judiciary (b) NATIONAL MILITARY APPRECIATION Sec. 108. Set-aside for infants, children, and Committee be discharged from further MONTH.—Chapter 1 of part A of subtitle I of women. consideration of S. 1419, and the Senate title 36, United States Code, is amended by Subtitle B—Amendments to Part B (Care Grant then proceed to its immediate consid- adding at the end the following: Program) eration. ‘‘§ 144. National Military Appreciation Month Sec. 121. State requirements concerning identi- The PRESIDING OFFICER. Without ‘‘The President shall issue each year a fication of need and allocation of objection, it is so ordered. proclamation— resources. The clerk will report the bill by title. ‘‘(1) designating May as ‘National Military Sec. 122. Quality management. Appreciation Month’; and The assistant legislative clerk read Sec. 123. Funded entities required to have ‘‘(2) calling on the people of the United health care relationships. as follows: States to honor the dedicated service pro- Sec. 124. Support services required to be health A bill (S. 1419) to amend title 36, United vided by the members of the United States care-related. States Code, to designate May as ‘‘National Armed Forces and to observe the month with Sec. 125. Use of grant funds for early interven- Military Appreciation Month.’’ appropriate ceremonies and activities.’’. tion services. There being no objection, the Senate (c) TABLE OF CONTENTS.—The table of con- Sec. 126. Authorization of appropriations for tents in chapter 1 of part A of subtitle I of proceeded to consider the bill. HIV-related services for women title 36, United States Code, is amended by and children. Mr. WARNER. Mr. President, I ask inserting after the item relating to section Sec. 127. Repeal of requirement for completed unanimous consent the bill be read a 143 the following new item: Institute of Medicine report. third time and passed, the motion to ‘‘144. National Military Appreciation Sec. 128. Supplement grants for certain States. reconsider be laid upon the table, and Month.’’. Sec. 129. Use of treatment funds. Sec. 130. Increase in minimum allotment. any statements relating to the bill be f Sec. 131. Set-aside for infants, children, and printed in the RECORD. RYAN WHITE CARE ACT women. The PRESIDING OFFICER. Without AMENDMENTS OF 2000 Subtitle C—Amendments to Part C (Early objection, it is so ordered. Intervention Services) The bill (S. 1419) was read a third Mr. WARNER. Mr. President, I ask Sec. 141. Amendment of heading; repeal of for- time and passed, as follows: unanimous consent that the Senate now proceed to the consideration of mula grant program. S. 1419 Calendar 548, S. 2311. Sec. 142. Planning and development grants. Be it enacted by the Senate and House of Rep- Sec. 143. Authorization of appropriations for The PRESIDING OFFICER. The categorical grants. resentatives of the United States of America in clerk will report the bill by title. Congress assembled, Sec. 144. Administrative expenses ceiling; qual- The assistant legislative clerk read ity management program. SECTION 1. NATIONAL MILITARY APPRECIATION as follows: MONTH. Sec. 145. Preference for certain areas. Sec. 146. Technical amendment. (a) FINDINGS.—Congress makes the fol- A bill (S. 2311) to revise and extend the lowing findings: Ryan White CARE Act programs under title Subtitle D—Amendments to Part D (General (1) The freedom and security that citizens XXVI of the Public Health Service Act, and Provisions) for other purposes. of the United States enjoy today are direct Sec. 151. Research involving women, infants, results of the vigilance of the United States There being no objection, the Senate children, and youth. Armed Forces. proceeded to consider the bill (S. 2311) Sec. 152. Limitation on administrative expenses. (2) Recognizing contributions made by to amend the Ryan White CARE Act to Sec. 153. Evaluations and reports. members of the United States Armed Forces improve access to health care and the Sec. 154. Authorization of appropriations for will increase national awareness of the sac- quality of care under such programs, grants under parts A and B. rifices that such members have made to pre- and to provide for the development of Subtitle E—Amendments to Part F serve the freedoms and liberties that enrich increased capacity to provide health (Demonstration and Training) this Nation. Sec. 161. Authorization of appropriations. (3) It is important to preserve and foster care and related support services to in- TITLE II—MISCELLANEOUS PROVISIONS admiration and respect for the service pro- dividuals and families with HIV dis- vided by members of the United States ease, and for related purposes, which Sec. 201. Institute of Medicine study. Armed Forces. had been reported from the Committee TITLE I—AMENDMENTS TO HIV HEALTH (4) It is vital for youth in the United States on Health, Education, Labor, and Pen- CARE PROGRAM to understand that the service provided by sions, with an amendment to strike all Subtitle A—Amendments to Part A members of the United States Armed Forces after the enacting clause and insert in (Emergency Relief Grants) has secured and protected the freedoms that lieu thereof the following: SEC. 101. DUTIES OF PLANNING COUNCIL, FUND- United States citizens enjoy today. ING PRIORITIES, QUALITY ASSESS- (5) Recognizing the unfailing support that SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Ryan White MENT. families of members of the United States CARE Act Amendments of 2000’’. Section 2602 (42 U.S.C. 300ff–12) is amended— Armed Forces have provided to such mem- (1) in subsection (b)— SEC. 2. REFERENCES; TABLE OF CONTENTS. bers during their service and how such sup- (A) in paragraph (2)(C), by inserting before (a) REFERENCES.—Except as otherwise ex- port strengthens the vitality of our Nation is the semicolon the following: ‘‘, including pro- pressly provided, whenever in this Act an important. viders of housing and homeless services’’; and amendment or repeal is expressed in terms of an (6) Recognizing the role that the United (B) in paragraph (4), by striking amendment to, or repeal of, a section or other States Armed Forces plays in maintaining ‘‘shall—’’ and all that follows and inserting provision, the reference shall be considered to be the superiority of the United States as a na- ‘‘shall have the responsibilities specified in sub- made to a section or other provision of the Pub- tion and in contributing to world peace will section (d).’’; and increase awareness of all contributions made lic Health Service Act (42 U.S.C. 201 et seq.). (b) Table of Contents.—The table of contents (2) by adding at the end the following: by such Forces. ‘‘(d) DUTIES OF PLANNING COUNCIL.—The of this Act is as follows: (7) It is appropriate to recognize the impor- planning council established under subsection tance of maintaining a strong, equipped, Sec. 1. Short title. (b) shall have the following duties: Sec. 2. References; table of contents. well-educated, well-trained military for the ‘‘(1) PRIORITIES FOR ALLOCATION OF FUNDS.— United States to safeguard freedoms, hu- TITLE I—AMENDMENTS TO HIV HEALTH The council shall establish priorities for the al- manitarianism, and peacekeeping efforts CARE PROGRAM location of funds within the eligible area, in- around the world. Subtitle A—Amendments to Part A (Emergency cluding how best to meet each such priority and (8) It is proper to foster and cultivate the Relief Grants) additional factors that a grantee should con- honor and pride that citizens of the United Sec. 101. Duties of planning council, funding sider in allocating funds under a grant, based States feel towards members of the United priorities, quality assessment. on the following factors:

VerDate Mar 15 2010 22:45 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00083 Fmt 4624 Sfmt 6333 E:\2000SENATE\S06JN0.REC S06JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4590 CONGRESSIONAL RECORD — SENATE June 6, 2000 ‘‘(A) The size and demographic characteristics a quality management program to assess the ex- (1) in paragraph (7) (as so redesignated), by of the population with HIV disease to be served, tent to which medical services provided to pa- striking ‘‘and’’ at the end thereof; including, subject to subsection (e), the needs of tients under the grant are consistent with the (2) in paragraph (8) (as so redesignated), by individuals living with HIV infection who are most recent Public Health Service guidelines for striking the period and inserting ‘‘; and’’; and not receiving HIV-related health services. the treatment of HIV disease and related oppor- (3) by adding at the end the following: ‘‘(B) The documented needs of the population tunistic infection and to develop strategies for ‘‘(9) that the eligible area has procedures in with HIV disease with particular attention improvements in the access to and quality of place to ensure that services provided with being given to disparities in health services medical services. funds received under this part meet the criteria among affected subgroups within the eligible ‘‘(2) USE OF FUNDS.—From amounts received specified in section 2604(b)(1).’’. area. under a grant awarded under this part, the SEC. 105. USE OF GRANT FUNDS FOR EARLY ‘‘(C) The demonstrated or probable cost and chief elected official of an eligible area may use, INTERVENTION SERVICES. outcome effectiveness of proposed strategies and for activities associated with its quality manage- (a) IN GENERAL.—Section 2604(b)(1) (42 U.S.C. interventions, to the extent that data are rea- ment program, not more than the lesser of— 300ff–14(b)(1)), as amended by section 104(a), is sonably available. ‘‘(A) 5 percent of amounts received under the further amended by adding at the end the fol- ‘‘(D) Priorities of the communities with HIV grant; or lowing: disease for whom the services are intended. ‘‘(B) $3,000,000.’’. ‘‘(D) EARLY INTERVENTION SERVICES.—Early ‘‘(E) The availability of other governmental (b) QUALITY MANAGEMENT REQUIRED FOR ELI- intervention services as described in section and non-governmental resources, including the GIBILITY FOR GRANTS.—Section 2605(a) (42 2651(b)(2), with follow-through referral, pro- State medicaid plan under title XIX of the So- U.S.C. 300ff–15(a)) is amended— vided for the purpose of facilitating the access cial Security Act and the State Children’s (1) by redesignating paragraphs (3) through of individuals receiving the services to HIV-re- Health Insurance Program under title XXI of (6) as paragraphs (5) through (8), respectively; lated health services, but only if the entity pro- such Act to cover health care costs of eligible in- and viding such services— dividuals and families with HIV disease. (2) by inserting after paragraph (2) the fol- ‘‘(i)(I) is receiving funds under subparagraph ‘‘(F) Capacity development needs resulting lowing: (A) or (C); or from gaps in the availability of HIV services in ‘‘(3) that the chief elected official of the eligi- ‘‘(II) is an entity constituting a point of ac- historically underserved low-income commu- ble area will satisfy all requirements under sec- cess to services, as described in section nities. tion 2604(c);’’. 2605(a)(4), that maintains a relationship with ‘‘(2) COMPREHENSIVE SERVICE DELIVERY SEC. 103. FUNDED ENTITIES REQUIRED TO HAVE an entity described in subclause (I) and that is HEALTH CARE RELATIONSHIPS. PLAN.—The council shall develop a comprehen- serving individuals at elevated risk of HIV dis- sive plan for the organization and delivery of (a) USE OF AMOUNTS.—Section 2604(e)(1) (42 ease; health and support services described in section U.S.C. 300ff–14(d)(1)) (as so redesignated by sec- ‘‘(ii) demonstrates to the satisfaction of the 2604. Such plan shall be compatible with any ex- tion 102(a)) is amended by inserting ‘‘and the chief elected official that Federal, State, or local isting State or local plans regarding the provi- State Children’s Health Insurance Program funds are inadequate for the early intervention sion of such services to individuals with HIV under title XXI of such Act’’ after ‘‘Social Secu- services the entity will provide with funds re- disease. rity Act’’. ceived under this subparagraph; and PPLICATIONS ‘‘(3) ASSESSMENT OF FUND ALLOCATION EFFI- (b) A .—Section 2605(a) (42 U.S.C. ‘‘(iii) demonstrates to the satisfaction of the CIENCY.—The council shall assess the efficiency 300ff–15(a)) is amended by inserting after para- chief elected official that funds will be utilized of the administrative mechanism in rapidly allo- graph (3), as added by section 102(b), the fol- under this subparagraph to supplement not sup- cating funds to the areas of greatest need within lowing: plant other funds available for such services in the eligible area. ‘‘(4) that funded entities within the eligible the year for which such funds are being uti- area that receive funds under a grant under sec- ‘‘(4) STATEWIDE STATEMENT OF NEED.—The lized.’’. council shall participate in the development of tion 2601(a) shall maintain appropriate relation- (b) CONFORMING AMENDMENTS TO APPLICA- the Statewide coordinated statement of need as ships with entities in the area served that con- TION REQUIREMENTS.—Section 2605(a)(1) (42 initiated by the State public health agency re- stitute key points of access to the health care U.S.C. 300ff–15(a)(1)) is amended— sponsible for administering grants under part B. system for individuals with HIV disease (includ- (1) in subparagraph (A), by striking ‘‘services ing emergency rooms, substance abuse treatment ‘‘(5) COORDINATION WITH OTHER FEDERAL to individuals with HIV disease’’ and inserting programs, detoxification centers, adult and ju- GRANTEES.—The council shall coordinate with ‘‘services as described in section 2604(b)(1)’’; and Federal grantees providing HIV-related services venile detention facilities, sexually transmitted (2) in subparagraph (B), by striking ‘‘services within the eligible area. disease clinics, HIV counseling and testing sites, for individuals with HIV disease’’ and inserting mental health programs, and homeless shelters) ‘‘(6) COMMUNITY PARTICIPATION.—The council ‘‘services as described in section 2604(b)(1)’’. and other entities under section 2652(a) for the shall establish methods for obtaining input on SEC. 106. REPLACEMENT OF SPECIFIED FISCAL community needs and priorities which may in- purpose of facilitating early intervention for in- YEARS REGARDING THE SUNSET ON clude public meetings, conducting focus groups, dividuals newly diagnosed with HIV disease and EXPEDITED DISTRIBUTION RE- and convening ad-hoc panels. individuals knowledgeable of their status but QUIREMENTS. not in care;’’. ‘‘(e) PROCESS FOR ESTABLISHING ALLOCATION Section 2603(a)(2) (42 U.S.C. 300ff–13(a)(2)) is PRIORITIES.— SEC. 104. SUPPORT SERVICES REQUIRED TO BE amended by striking ‘‘for each of the fiscal HEALTH CARE-RELATED. ‘‘(1) IN GENERAL.—Not later than 24 months years 1996 through 2000’’ and inserting ‘‘for a after the date of enactment of the Ryan White (a) IN GENERAL.—Section 2604(b)(1) (42 U.S.C. fiscal year’’. CARE Act Amendments of 2000, the Secretary 300ff–14(b)(1)) is amended— SEC. 107. HOLD HARMLESS PROVISION. (1) in the matter preceding subparagraph (A), shall— Section 2603(a)(4) (42 U.S.C. 300ff–13(a)(4)) is by striking ‘‘HIV-related—’’ and inserting ‘‘(A) consult with eligible metropolitan areas, amended to read as follows: ‘‘HIV-related services, as follows:’’; affected communities, experts, and other appro- ‘‘(4) LIMITATION.—With respect to each of fis- (2) in subparagraph (A)— priate individuals and entities, to develop epi- cal years 2001 through 2005, the Secretary shall (A) by striking ‘‘outpatient’’ and all that fol- demiologic measures for establishing the number ensure that the amount of a grant made to an lows through ‘‘substance abuse treatment and’’ of individuals living with HIV disease who are eligible area under paragraph (2) for such a fis- and inserting the following: ‘‘OUTPATIENT not receiving HIV-related health services; and cal year is not less than an amount equal to 98 HEALTH SERVICES.—Outpatient and ambulatory ‘‘(B) provide advice and technical assistance percent of the amount the eligible area received health services, including substance abuse treat- to planning councils with respect to the process for the fiscal year preceding the year for which ment,’’; and the determination is being made.’’. for establishing priorities for the allocation of (B) by striking ‘‘; and’’ and inserting a pe- funds under subsection (d)(1). riod; SEC. 108. SET-ASIDE FOR INFANTS, CHILDREN, ‘‘(2) EXCEPTION.—Grantees under this part (3) in subparagraph (B), by striking ‘‘(B) in- AND WOMEN. shall not be required to establish priorities for patient case management’’ and inserting ‘‘(C) Section 2604(b)(3) (42 U.S.C. 300ff–14(b)(3)) is amended— individuals not in care until epidemiologic meas- INPATIENT CASE MANAGEMENT SERVICES.—Inpa- ures are developed under paragraph (1).’’. tient case management’’; and (1) by inserting ‘‘for each population under SEC. 102. QUALITY MANAGEMENT. (4) by inserting after subparagraph (A) the this subsection’’ after ‘‘council’’; and (a) FUNDS AVAILABLE FOR QUALITY MANAGE- following: (2) by striking ‘‘ratio of the’’ and inserting MENT.—Section 2604 (42 U.S.C. 300ff–14) is ‘‘(B) OUTPATIENT SUPPORT SERVICES.—Out- ‘‘ratio of each’’. amended— patient and ambulatory support services (in- Subtitle B—Amendments to Part B (Care (1) by redesignating subsections (c) through cluding case management), to the extent that Grant Program) (f) as subsections (d) through (g), respectively; such services facilitate, enhance, support, or SEC. 121. STATE REQUIREMENTS CONCERNING and sustain the delivery, continuity, or benefits of IDENTIFICATION OF NEED AND AL- (2) by inserting after subsection (b) the fol- health services for individuals and families with LOCATION OF RESOURCES. lowing: HIV disease.’’. (a) GENERAL USE OF GRANTS.—Section 2612 (42 ‘‘(c) QUALITY MANAGEMENT.— (b) CONFORMING AMENDMENT TO APPLICATION U.S.C. 300ff–22) is amended— ‘‘(1) REQUIREMENT.—The chief elected official REQUIREMENTS.—Section 2605(a) (42 U.S.C. (1) by striking ‘‘A State’’ and inserting ‘‘(a) IN of an eligible area that receives a grant under 300ff–15(a)), as amended by section 102(b), is GENERAL.—A State’’; and this part shall provide for the establishment of further amended— (2) in the matter following paragraph (5)—

VerDate Mar 15 2010 22:45 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00084 Fmt 4624 Sfmt 6333 E:\2000SENATE\S06JN0.REC S06JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 6, 2000 CONGRESSIONAL RECORD — SENATE S4591 (A) by striking ‘‘Services’’ and inserting: title XIX of the Social Security Act, the State (3) by adding at the end the following: ‘‘(b) DELIVERY OF SERVICES.—Services’’; Children’s Health Insurance Program under ‘‘(6) to provide, through systems of HIV-re- (B) by striking ‘‘paragraph (1)’’ and inserting title XXI of such Act, and other Federal grant- lated health services provided under paragraphs ‘‘subsection (a)(1)’’; and ees that provide HIV-related services, to maxi- (1), (2), and (3), early intervention services, as (C) by striking ‘‘paragraph (2)’’ and inserting mize access to quality HIV-related health and described in section 2651(b)(2), with follow-up ‘‘subsection (a)(2) and section 2613’’; support services;’’; referral, provided for the purpose of facilitating (b) APPLICATION.—Section 2617(b) (42 U.S.C. (4) in subparagraph (F), as so redesignated, the access of individuals receiving the services 300ff–27(b)) is amended— by striking ‘‘and’’ at the end; and to HIV-related health services, but only if the (1) in paragraph (1)(C)— (5) in subparagraph (G), as so redesignated, entity providing such services— (A) by striking clause (i) and inserting the fol- by striking the period and inserting ‘‘; and’’. ‘‘(A)(i) is receiving funds under section lowing: (b) AVAILABILITY OF FUNDS FOR QUALITY 2612(a)(1); or ‘‘(i) the size and demographic characteristics MANAGEMENT.— ‘‘(ii) is an entity constituting a point of access of the population with HIV disease to be served, (1) AVAILABILITY OF GRANT FUNDS FOR PLAN- to services, as described in section 2617(b)(4), except that by not later than October 1, 2002, NING AND EVALUATION.—Section 2618(c)(3) (42 that maintains a referral relationship with an the State shall take into account the needs of U.S.C. 300ff–28(c)(3)) is amended by inserting entity described in clause (i) and that is serving individuals not in care, based on epidemiologic before the period ‘‘, including not more than individuals at elevated risk of HIV disease; measures developed by the Secretary in con- $3,000,000 for all activities associated with its ‘‘(B) demonstrates to the State’s satisfaction sultation with the State, affected communities, quality management program’’. that other Federal, State, or local funds are in- experts, and other appropriate individuals (such (2) EXCEPTION TO COMBINED CEILING ON PLAN- adequate for the early intervention services the State shall not be required to establish priorities NING AND ADMINISTRATION FUNDS FOR STATES entity will provide with funds received under for individuals not in care until such epidemio- WITH SMALL GRANTS.—Paragraph (6) of section this paragraph; and logic measures are developed);’’; 2618(c) (42 U.S.C. 300ff–28(c)(6)) is amended to ‘‘(C) demonstrates to the satisfaction of the (B) in clause (iii), by striking ‘‘and’’ at the read as follows: State that funds will be utilized under this end; and ‘‘(6) EXCEPTION FOR QUALITY MANAGEMENT.— paragraph to supplement not supplant other (C) by adding at the end the following: Notwithstanding paragraph (5), a State whose funds available for such services in the year for ‘‘(v) the availability of other governmental grant under this part for a fiscal year does not which such funds are being utilized.’’. and non-governmental resources; exceed $1,500,000 may use not to exceed 20 per- SEC. 126. AUTHORIZATION OF APPROPRIATIONS ‘‘(vi) the capacity development needs resulting cent of the amount of the grant for the purposes FOR HIV-RELATED SERVICES FOR in gaps in the provision of HIV services in his- described in paragraphs (3) and (4) if— WOMEN AND CHILDREN. torically underserved low-income and rural low- ‘‘(A) that portion of the amount that may be Section 2625(c)(2) (42 U.S.C. 300ff–33(c)(2)) is income communities; and used for such purposes in excess of 15 percent of amended by striking ‘‘fiscal years 1996 through ‘‘(vii) the efficiency of the administrative the grant is used for its quality management 2000’’ and inserting ‘‘fiscal years 2001 through mechanism in rapidly allocating funds to the program; and 2005’’. areas of greatest need within the State;’’; and ‘‘(B) the State submits and the Secretary ap- proves a plan (in such form and containing such SEC. 127. REPEAL OF REQUIREMENT FOR COM- (2) in paragraph (2)— PLETED INSTITUTE OF MEDICINE (A) in subparagraph (B), by striking ‘‘and’’ at information as the Secretary may prescribe) for REPORT. use of funds for its quality management pro- the end; Section 2628 (42 U.S.C. 300ff–36) is repealed. (B) by redesignating subparagraph (C) as sub- gram.’’. SEC. 128. SUPPLEMENTAL GRANTS FOR CERTAIN paragraph (F); and SEC. 123. FUNDED ENTITIES REQUIRED TO HAVE STATES. (C) by inserting after subparagraph (B), the HEALTH CARE RELATIONSHIPS. following: Section 2617(b)(4) (42 U.S.C. 300ff–27(b)(4)), as Subpart I of part B of title XXVI of the Public ‘‘(C) an assurance that capacity development amended by section 122(a), is further amended Health Service Act (42 U.S.C. 300ff–11 et seq.) is needs resulting from gaps in the provision of by adding at the end the following: amended by adding at the end the following: services in underserved low-income and rural ‘‘(H) that funded entities maintain appro- ‘‘SEC. 2622. SUPPLEMENTAL GRANTS. low-income communities will be addressed; and priate relationships with entities in the area ‘‘(a) IN GENERAL.—The Secretary shall award ‘‘(D) with respect to fiscal year 2003 and sub- served that constitute key points of access to the supplemental grants to States determined to be sequent fiscal years, assurances that, in the health care system for individuals with HIV dis- eligible under subsection (b) to enable such planning and allocation of resources, the State, ease (including emergency rooms, substance States to provide comprehensive services of the through systems of HIV-related health services abuse treatment programs, detoxification cen- type described in section 2612(a) to supplement provided under paragraphs (1), (2), and (3) of ters, adult and juvenile detention facilities, sex- the services otherwise provided by the State section 2612(a), will make appropriate provision ually transmitted disease clinics, HIV coun- under a grant under this subpart in emerging for the HIV-related health and support service seling and testing sites, mental health programs, communities within the State that are not eligi- needs of individuals who have been diagnosed and homeless shelters), and other entities under ble to receive grants under part A. with HIV disease but who are not currently re- section 2652(a), for the purpose of facilitating ‘‘(b) ELIGIBILITY.—To be eligible to receive a ceiving such services, based on the epidemiologic early intervention for individuals newly diag- supplemental grant under subsection (a) a State measures developed under paragraph (1)(C)(i);’’. nosed with HIV disease and individuals knowl- shall— SEC. 122. QUALITY MANAGEMENT. edgeable of their status but not in care.’’. ‘‘(1) be eligible to receive a grant under this (a) STATE REQUIREMENT FOR QUALITY MAN- SEC. 124. SUPPORT SERVICES REQUIRED TO BE subpart; AGEMENT.—Section 2617(b)(4) (42 U.S.C. 300ff– HEALTH CARE-RELATED. ‘‘(2) demonstrate the existence in the State of 27(b)(4)) is amended— (a) TECHNICAL AMENDMENT.—Section an emerging community as defined in subsection (1) by striking subparagraph (C) and inserting 3(c)(2)(A)(iii) of the Ryan White CARE Act (d)(1); and the following: Amendments of 1996 (Public Law 104–146) is ‘‘(3) submit the information described in sub- ‘‘(C) the State will provide for— amended by inserting ‘‘before paragraph (2) as section (c). ‘‘(i) the establishment of a quality manage- so redesignated’’ after ‘‘inserting’’. ‘‘(c) REPORTING REQUIREMENTS.—A State that ment program to assess the extent to which med- (b) SERVICES.—Section 2612(a)(1) (42 U.S.C. desires a grant under this section shall, as part ical services provided to patients under the 300ff–22(a)(1)), as so designated by section of the State application submitted under section grant are consistent with the most recent Public 121(a), is amended by striking ‘‘for individuals 2617, submit a detailed description of the man- Health Service guidelines for the treatment of with HIV disease’’ and inserting ‘‘, subject to ner in which the State will use amounts received HIV disease and related opportunistic infections the conditions and limitations that apply under under the grant and of the severity of need. and to develop strategies for improvements in such section’’. Such description shall include— the access to and quality of medical services; (c) CONFORMING AMENDMENT TO STATE APPLI- ‘‘(1) a report concerning the dissemination of and CATION REQUIREMENT.—Section 2617(b)(2) (42 supplemental funds under this section and the ‘‘(ii) a periodic review (such as through an U.S.C. 300ff–27(b)(2)), as amended by section plan for the utilization of such funds in the independent peer review) to assess the quality 121(b), is further amended by inserting after emerging community; and appropriateness of HIV-related health and subparagraph (D) the following: ‘‘(2) a demonstration of the existing commit- support services provided by entities that receive ‘‘(E) an assurance that the State has proce- ment of local resources, both financial and in- funds from the State under this part;’’; dures in place to ensure that services provided kind; (2) by redesignating subparagraphs (E) and with funds received under this section meet the ‘‘(3) a demonstration that the State will main- (F) as subparagraphs (F) and (G), respectively; criteria specified in section 2604(b)(1)(B); and’’. tain HIV-related activities at a level that is (3) by inserting after subparagraph (D), the SEC. 125. USE OF GRANT FUNDS FOR EARLY equal to not less than the level of such activities following: INTERVENTION SERVICES. in the State for the 1-year period preceding the ‘‘(E) an assurance that the State, through Section 2612(a) (42 U.S.C. 300ff–22(a)), as fiscal year for which the State is applying to re- systems of HIV-related health services provided amended by section 121, is further amended— ceive a grant under this part; under paragraphs (1), (2), and (3) of section (1) in paragraph (4), by striking ‘‘and’’ at the ‘‘(4) a demonstration of the ability of the State 2612(a), has considered strategies for working end; to utilize such supplemental financial resources with providers to make optimal use of financial (2) in paragraph (5), by striking the period in a manner that is immediately responsive and assistance under the State medicaid plan under and inserting ‘‘; and’’; and cost effective;

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‘‘(5) a demonstration that the resources will be SEC. 129. USE OF TREATMENT FUNDS. (c) SUPPLEMENT AND NOT SUPPLANT.—Section allocated in accordance with the local demo- (a) STATE DUTIES.—Section 2616(c) (42 U.S.C. 2616 (42 U.S.C. 300ff–26(c)), as amended by sub- graphic incidence of AIDS including appro- 300ff–26(c)) is amended— section (b), is further amended by adding at the priate allocations for services for infants, chil- (1) in the matter preceding paragraph (1), by end the following: dren, women, and families with HIV disease; striking ‘‘shall—’’ and inserting ‘‘shall use ‘‘(f) SUPPLEMENT NOT SUPPLANT.—Notwith- ‘‘(6) a demonstration of the inclusiveness of funds made available under this section to—’’; standing any other provision of law, amounts the planning process, with particular emphasis (2) by redesignating paragraphs (1) through made available under this section shall be used on affected communities and individuals with (5) as subparagraphs (A) through (E), respec- to supplement and not supplant other funding HIV disease; and tively and realigning the margins of such sub- available to provide treatments of the type that ‘‘(7) a demonstration of the manner in which paragraphs appropriately; may be provided under this section.’’. the proposed services are consistent with local (3) in subparagraph (D) (as so redesignated), SEC. 130. INCREASE IN MINIMUM ALLOTMENT. by striking ‘‘and’’ at the end; needs assessments and the statewide coordi- (a) IN GENERAL.—Section 2618(b)(1)(A)(i) (42 (4) in subparagraph (E) (as so redesignated), nated statement of need. U.S.C. 300ff–28(b)(1)(A)(i)) is amended— ‘‘(d) DEFINITION OF EMERGING COMMUNITY.— by striking the period and inserting ‘‘; and’’; (1) in subclause (I), by striking ‘‘$100,000’’ and In this section, the term ‘emerging community’ and inserting ‘‘$200,000’’; and (5) by adding at the end the following: means a metropolitan area— (2) in subclause (II), by striking ‘‘$250,000’’ ‘‘(F) encourage, support, and enhance adher- ‘‘(1) that is not eligible for a grant under part and inserting ‘‘$500,000’’. ence to and compliance with treatment regi- A; and (b) TERRITORIES.—Section 2618(b)(1)(B) (42 mens, including related medical monitoring.’’; ‘‘(2) for which there has been reported to the U.S.C. 300ff–28(b)(1)(B)) is amended by inserting (6) by striking ‘‘In carrying’’ and inserting Director of the Centers for Disease Control and ‘‘the greater of $50,000 or’’ after ‘‘shall be’’. the following: Prevention a cumulative total of between 500 (c) TECHNICAL AMENDMENT.—Section and 1999 cases of acquired immune deficiency ‘‘(1) IN GENERAL.—In carrying’’; and (7) by adding at the end the following: 2618(b)(3)(B) (42 U.S.C. 300ff–28(b)(3)(B)) is syndrome for the most recent period of 5 cal- ‘‘(2) LIMITATIONS.— amended by striking ‘‘and the Republic of the endar years for which such data are available. ‘‘(A) IN GENERAL.—No State shall use funds Marshall Islands’’ and inserting ‘‘, the Republic ‘‘(e) FUNDING.— under paragraph (1)(F) unless the limitations on of the Marshall Islands, the Federated States of ‘‘(1) IN GENERAL.—Subject to paragraph (2), access to HIV/AIDS therapeutic regimens as de- Micronesia, and the Republic of Palau, and with respect to each fiscal year beginning with fined in subsection (e)(2) are eliminated. only for purposes of paragraph (1) the Common- fiscal year 2001, the Secretary, to carry out this ‘‘(B) AMOUNT OF FUNDING.—No State shall use wealth of Puerto Rico’’. section, shall utilize— in excess of 10 percent of the amount set-aside SEC. 131. SET-ASIDE FOR INFANTS, CHILDREN, ‘‘(A) the greater of— AND WOMEN. ‘‘(i) 25 percent of the amount appropriated for use under this section in any fiscal year to Section 2611(b) (42 U.S.C. 300ff–21(b)) is under 2677 to carry out part B, excluding the carry out activities under paragraph (1)(F) un- amended— amount appropriated under section less the State demonstrates to the Secretary that (1) by inserting ‘‘for each population under 2618(b)(2)(H), for such fiscal year that is in ex- such additional services are essential and in no this subsection’’ after ‘‘State shall use’’; and cess of the amount appropriated to carry out way diminish access to therapeutics.’’. (b) SUPPLEMENT GRANTS.—Section 2616 (42 (2) by striking ‘‘ratio of the’’ and inserting such part in fiscal year preceding the fiscal year U.S.C. 300ff–26) is amended by adding at the ‘‘ratio of each’’. involved; or ‘‘(ii) $5,000,000; end the following: Subtitle C—Amendments to Part C (Early ‘‘(e) SUPPLEMENTAL GRANTS FOR THE PROVI- Intervention Services) to provide funds to States for use in emerging SION OF TREATMENTS.— SEC. 141. AMENDMENT OF HEADING; REPEAL OF communities with at least 1000, but less than ‘‘(1) IN GENERAL.—From amounts made avail- FORMULA GRANT PROGRAM. 2000, cases of AIDS as reported to and confirmed able under paragraph (5), the Secretary shall (a) AMENDMENT OF HEADING.—The heading of by the Director of the Centers for Disease Con- award supplemental grants to States determined part C of title XXVI is amended to read as fol- trol and Prevention for the five year period pre- to be eligible under paragraph (2) to enable such lows: ceding the year for which the grant is being States to increase access to therapeutics to treat awarded; and HIV disease as provided by the State under sub- ‘‘PART C—EARLY INTERVENTION AND PRIMARY ‘‘(B) the greater of— section (c)(1)(B) for individuals at or below 200 CARE SERVICES’’. ‘‘(i) 25 percent of the amount appropriated percent of the Federal poverty line. (b) REPEAL.—Part C of title XXVI (42 U.S.C. under 2677 to carry out part B, excluding the ‘‘(2) CRITERIA.—The Secretary shall develop 300ff–41 et seq.) is amended— amount appropriated under section criteria for the awarding of grants under para- (1) by repealing subpart I; and 2618(b)(2)(H), for such fiscal year that is in ex- graph (1) to States that demonstrate a severe (2) by redesignating subparts II and III as cess of the amount appropriated to carry out need. In determining the criteria for dem- subparts I and II. such part in fiscal year preceding the fiscal year onstrating State severity of need, the Secretary (c) CONFORMING AMENDMENTS.— involved; or shall consider eligibility standards and for- (1) INFORMATION REGARDING RECEIPT OF SERV- ‘‘(ii) $5,000,000; mulary composition. ICES.—Section 2661(a) (42 U.S.C. 300ff–61(a)) is to provide funds to States for use in emerging ‘‘(3) STATE REQUIREMENT.—The Secretary may amended by striking ‘‘unless—’’ and all that fol- communities with at least 500, but less than not make a grant to a State under this sub- lows through ‘‘(2) in the case of’’ and inserting 1000, cases of AIDS reported to and confirmed section unless the State agrees that— ‘‘unless, in the case of’’. by the Director of the Centers for Disease Con- ‘‘(A) the State will make available (directly or (2) ADDITIONAL AGREEMENTS.—Section 2664 (42 trol and Prevention for the five year period pre- through donations from public or private enti- U.S.C. 300ff–64) is amended— ceding the year for which the grant is being ties) non-Federal contributions toward the ac- (A) in subsection (e)(5), by striking ‘‘2642(b) awarded. tivities to be carried out under the grant in an or’’; ‘‘(2) TRIGGER OF FUNDING.—This section shall amount equal to $1 for each $4 of Federal funds (B) in subsection (f)(2), by striking ‘‘2642(b) be effective only for fiscal years beginning in provided in the grant; and or’’; and the first fiscal year in which the amount appro- ‘‘(B) the State will not impose eligibility re- (C) by striking subsection (h). priated under 2677 to carry out part B, exclud- quirements for services or scope of benefits limi- SEC. 142. PLANNING AND DEVELOPMENT ing the amount appropriated under section tations under subsection (a) that are more re- GRANTS. 2618(b)(2)(H), exceeds by at least $20,000,000 the strictive than such requirements in effect as of (a) ALLOWING PLANNING AND DEVELOPMENT amount appropriated under 2677 to carry out January 1, 2000. GRANT TO EXPAND ABILITY TO PROVIDE PRI- part B in fiscal year 2000, excluding the amount ‘‘(4) USE AND COORDINATION.—Amounts made MARY CARE SERVICES.—Section 2654(c) (42 appropriated under section 2618(b)(2)(H). available under a grant under this subsection U.S.C. 300ff–54(c)) is amended— ‘‘(3) MINIMUM AMOUNT IN FUTURE YEARS.—Be- shall only be used by the State to provide HIV/ (1) in paragraph (1), to read as follows: ginning with the first fiscal year in which AIDS-related medications. The State shall co- ‘‘(1) IN GENERAL.—The Secretary may provide amounts provided for emerging communities ordinate the use of such amounts with the planning and development grants to public and under paragraph (1)(A) equals $5,000,000 and amounts otherwise provided under this section nonprofit private entities for the purpose of— under paragraph (1)(B) equals $5,000,000, the in order to maximize drug coverage. ‘‘(A) enabling such entities to provide HIV Secretary shall ensure that amounts made avail- ‘‘(5) FUNDING.— early intervention services; or able under this section for the types of emerging ‘‘(A) RESERVATION OF AMOUNT.—The Sec- ‘‘(B) assisting such entities to expand the ca- communities described in each such paragraph retary shall reserve 3 percent of any amount re- pacity, preparedness, and expertise to deliver in subsequent fiscal years is at least $5,000,000. ferred to in section 2618(b)(2)(H) that is appro- primary care services to individuals with HIV ‘‘(4) DISTRIBUTION.—The amount of a grant priated for a fiscal year, to carry out this sub- disease in underserved low-income communities awarded to a State under this section shall be section. on the condition that the funds are not used to determined by the Secretary based on the for- ‘‘(B) MINIMUM AMOUNT.—In providing grants purchase or improve land or to purchase, con- mula described in section 2618(b)(2), except that under this subsection, the Secretary shall ensure struct, or permanently improve (other than in applying such formula, the Secretary shall— that the amount of a grant to a State under this minor remodeling) any building or other facil- ‘‘(A) substitute ‘1.0’ for ‘.80’ in subparagraph part is not less than the amount the State re- ity.’’; and (A)(ii)(I) of such section; and ceived under this part in the previous fiscal (2) in paragraphs (2) and (3) by striking ‘‘(B) not consider the provisions of subpara- year, as a result of grants provided under this ‘‘paragraph (1)’’ each place that such appears graphs (A)(ii)(II) and (C) of such section.’’. subsection.’’. and inserting ‘‘paragraph (1)(A)’’.

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(b) AMOUNT; DURATION.—Section 2654(c) (42 (1) by striking the subsection heading and ‘‘fiscal years 1996 through 2000’’ and inserting U.S.C. 300ff–54(c)), as amended by subsection designation and inserting the following: ‘‘fiscal years 2001 through 2005’’. (a), is further amended— ‘‘(f) ADMINISTRATION.— (b) DENTAL SCHOOLS.—Section 2692(c)(2) (42 (1) by redesignating paragraph (4) as para- ‘‘(1) APPLICATION.—’’; and U.S.C. 300ff–111(c)(2)) is amended by striking graph (5); and (2) by adding at the end the following: ‘‘fiscal years 1996 through 2000’’ and inserting (2) by inserting after paragraph (3) the fol- ‘‘(2) QUALITY MANAGEMENT PROGRAM.—A ‘‘fiscal years 2001 through 2005’’. lowing: grantee under this section shall implement a (c) DENTAL SCHOOLS AND PROGRAMS.—Section ‘‘(4) AMOUNT AND DURATION OF GRANTS.— quality management program.’’. 2692(b) of the Public Health Service Act (42 ‘‘(A) EARLY INTERVENTION SERVICES.—A grant (d) COORDINATION.—Section 2671(g) (42 U.S.C. U.S.C. 300ff-111(b)) is amended— under paragraph (1)(A) may be made in an 300ff–71(g)) is amended by adding at the end the (1) in paragraph (1), by striking amount not to exceed $50,000. following: ‘‘The Secretary acting through the ‘‘777(b)(4)(B)’’ and inserting ‘‘777(b)(4)(B) (as ‘‘(B) CAPACITY DEVELOPMENT.— Director of NIH, shall examine the distribution such section existed on the day before the date ‘‘(i) AMOUNT.—A grant under paragraph and availability of ongoing and appropriate of enactment of the Health Professions Edu- (1)(B) may be made in an amount not to exceed HIV/AIDS-related research projects to existing cation Partnerships Act of 1998 (Public Law $150,000. sites under this section for purposes of enhanc- 105–392)) and dental hygiene programs that are ‘‘(ii) DURATION.—The total duration of a ing and expanding voluntary access to HIV-re- accredited by the Commission on Dental Accred- grant under paragraph (1)(B), including any re- lated research, especially within communities itation’’; and newal, may not exceed 3 years.’’. that are not reasonably served by such projects. (2) in paragraph (2), by striking (c) INCREASE IN LIMITATION.—Section Not later than 12 months after the date of enact- ‘‘777(b)(4)(B)’’ and inserting ‘‘777(b)(4)(B) (as 2654(c)(5) (42 U.S.C. 300ff–54(c)(5)), as so redes- ment of the Ryan White CARE Act Amendments such section existed on the day before the date ignated by subsection (b), is amended by strik- of 2000, the Secretary shall prepare and submit of enactment of the Health Professions Edu- ing ‘‘1 percent’’ and inserting ‘‘5 percent’’. to the appropriate committees of Congress a re- cation Partnerships Act of 1998 (Public Law SEC. 143. AUTHORIZATION OF APPROPRIATIONS port that describes the findings made by the Di- 105–392))’’. FOR CATEGORICAL GRANTS. rector and the manner in which the conclusions TITLE II—MISCELLANEOUS PROVISIONS Section 2655 (42 U.S.C. 300ff–55) is amended by based on those findings can be addressed.’’. SEC. 201. INSTITUTE OF MEDICINE STUDY. striking ‘‘1996’’ and all that follows through (e) AUTHORIZATION OF APPROPRIATIONS.—Sec- ‘‘2000’’ and inserting ‘‘2001 through 2005’’. tion 2671(j) (42 U.S.C. 300ff–71(j)) is amended by (a) IN GENERAL.—Not later than 120 days after the date of enactment of this Act, the Sec- SEC. 144. ADMINISTRATIVE EXPENSES CEILING; striking ‘‘fiscal years 1996 through 2000’’ and in- QUALITY MANAGEMENT PROGRAM. serting ‘‘fiscal years 2001 through 2005’’. retary of Health and Human Services shall enter into a contract with the Institute of Medicine Section 2664(g) (42 U.S.C. 300ff–64(g)) is SEC. 152. LIMITATION ON ADMINISTRATIVE EX- amended— PENSES. for the conduct of a study concerning the ap- (1) in paragraph (3), to read as follows: Section 2671 (42 U.S.C. 300ff–71) is amended— propriate epidemiological measures and their re- ‘‘(3) the applicant will not expend more than (1) by redesignating subsections (i) and (j), as lationship to the financing and delivery of pri- 10 percent of the grant for costs of administra- subsections (j) and (k), respectively; and mary care and health-related support services tive activities with respect to the grant;’’; (2) by inserting after subsection (h), the fol- for low-income, uninsured, and under-insured (2) in paragraph (4), by striking the period lowing: individuals with HIV disease. and inserting ‘‘; and’’; and ‘‘(i) LIMITATION ON ADMINISTRATIVE EX- (b) REQUIREMENTS.— (3) by adding at the end the following: PENSES.— (1) COMPLETION.—The study under subsection ‘‘(5) the applicant will provide for the estab- ‘‘(1) DETERMINATION BY SECRETARY.—Not (a) shall be completed not later than 21 months lishment of a quality management program to later than 12 months after the date of enactment after the date on which the contract referred to assess the extent to which medical services fund- of the Ryan White CARE Act Amendments of in such subsection is entered into. ed under this title that are provided to patients 2000, the Secretary, in consultation with grant- (2) ISSUES TO BE CONSIDERED.—The study con- are consistent with the most recent Public ees under this part, shall conduct a review of ducted under subsection (a) shall consider— Health Service guidelines for the treatment of the administrative, program support, and direct (A) the availability and utility of health out- HIV disease and related opportunistic infections service-related activities that are carried out comes measures and data for HIV primary care and that improvements in the access to and under this part to ensure that eligible individ- and support services and the extent to which quality of medical services are addressed.’’. uals have access to quality, HIV-related health those measures and data could be used to meas- ure the quality of such funded services; SEC. 145. PREFERENCE FOR CERTAIN AREAS. and support services and research opportunities (B) the effectiveness and efficiency of service Section 2651 (42 U.S.C. 300ff–51) is amended by under this part, and to support the provision of delivery (including the quality of services, adding at the end the following: such services. health outcomes, and resource use) within the ‘‘(d) PREFERENCE IN AWARDING GRANTS.—In ‘‘(2) REQUIREMENTS.— context of a changing health care and thera- awarding new grants under this section, the ‘‘(A) IN GENERAL.—Not later than 180 days peutic environment as well as the changing epi- Secretary shall give preference to applicants after the expiration of the 12-month period re- demiology of the epidemic; that will use amounts received under the grant ferred to in paragraph (1) the Secretary, in con- (C) existing and needed epidemiological data to serve areas that are determined to be rural sultation with grantees under this part, shall and other analytic tools for resource planning and underserved for the purposes of providing determine the relationship between the costs of and allocation decisions, specifically for esti- health care to individuals infected with HIV or the activities referred to in paragraph (1) and mating severity of need of a community and the diagnosed with AIDS.’’. the access of eligible individuals to the services relationship to the allocations process; and SEC. 146. TECHNICAL AMENDMENT. and research opportunities described in such paragraph. (D) other factors determined to be relevant to Section 2652(a) (42 U.S.C. 300ff–52(a)) is ‘‘(B) LIMITATION.—After a final determination assessing an individual’s or community’s ability amended— under subparagraph (A), the Secretary may not to gain and sustain access to quality HIV serv- (1) by striking paragraphs (1) and (2) and in- make a grant under this part unless the grantee ices. serting the following: complies with such requirements as may be in- (c) REPORT.—Not later than 90 days after the ‘‘(1) health centers under section 330;’’; and cluded in such determination.’’. date on which the study is completed under sub- (2) by redesignating paragraphs (3) through section (a), the Secretary of Health and Human SEC. 153. EVALUATIONS AND REPORTS. (6) as paragraphs (2) through (5), respectively. Services shall prepare and submit to the appro- Section 2674(c) (42 U.S.C. 399ff–74(c)) is Subtitle D—Amendments to Part D (General priate committees of Congress a report describ- amended by striking ‘‘1991 through 1995’’ and Provisions) ing the manner in which the conclusions and inserting ‘‘2001 through 2005’’. SEC. 151. RESEARCH INVOLVING WOMEN, IN- recommendations of the Institute of Medicine SEC. 154. AUTHORIZATION OF APPROPRIATIONS FANTS, CHILDREN, AND YOUTH. can be addressed and implemented. FOR GRANTS UNDER PARTS A AND B. (a) ELIMINATION OF REQUIREMENT TO ENROLL Section 2677 (42 U.S.C. 300ff–77) is amended to AMENDMENT NO. 3190 SIGNIFICANT NUMBERS OF WOMEN AND CHIL- read as follows: Mr. WARNER. Mr. President, Sen- DREN.—Section 2671(b) (42 U.S.C. 300ff–71(b)) is ‘‘SEC. 2677. AUTHORIZATION OF APPROPRIA- ator JEFFORDS has an amendment at amended— TIONS. (1) in paragraph (1), by striking subpara- the desk for himself and others. ‘‘There are authorized to be appropriated— The PRESIDING OFFICER. The graphs (C) and (D); and ‘‘(1) such sums as may be necessary to carry (2) by striking paragraphs (3) and (4). clerk will report. out part A for each of the fiscal years 2001 (b) INFORMATION AND EDUCATION.—Section The assistant legislative clerk read through 2005; and 2671(d) (42 U.S.C. 300ff–71(d)) is amended by ‘‘(2) such sums as may be necessary to carry as follows: adding at the end the following: out part B for each of the fiscal years 2001 The Senator from Virginia (Mr. WARNER), ‘‘(4) The applicant will provide individuals through 2005.’’. for Mr. JEFFORDS, Mr. KENNEDY and Mr. with information and education on opportuni- Subtitle E—Amendments to Part F FRIST, proposes an amendment numbered ties to participate in HIV/AIDS-related clinical 3190. research.’’. (Demonstration and Training) (c) QUALITY MANAGEMENT; ADMINISTRATIVE SEC. 161. AUTHORIZATION OF APPROPRIATIONS. (The text of the amendment is print- EXPENSES CEILING.—Section 2671(f) (42 U.S.C. (a) SCHOOLS; CENTERS.—Section 2692(c)(1) (42 ed in today’s RECORD under ‘‘Amend- 300ff–71(f)) is amended— U.S.C. 300ff–111(c)(1)) is amended by striking ments Submitted.’’)

VerDate Mar 15 2010 22:45 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00087 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06JN0.REC S06JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4594 CONGRESSIONAL RECORD — SENATE June 6, 2000 Mr. JEFFORDS. Mr. President, it Much has occurred to change the Health, Education, Labor and Pensions gives me great pleasure today that the course of the AIDS epidemic since the to learn whether the program has been Senate is considering the Ryan White last reauthorization. During the last successful and whether it needed to be Comprehensive AIDS Resources and reauthorization, Congressman Coburn changed. We received testimony from Emergency Act Amendments of 2000, a and our colleague, Senator FRIST, fo- Ryan White’s mother, Jeanne White, measure that will reauthorize a na- cused our attention on the needs of from Surgeon General David Satcher, tional program providing primary women living with HIV/AIDS and the from a person living with AIDS, as well health care services to people living problems associated with perinatal as state and local officials familiar with HIV and AIDS. I especially want transmission of HIV. Since then, the with the importance of this program. I to commend Senators HATCH and KEN- CARE Act has helped to dramatically especially want to commend Dr. Chris NEDY for the leadership they have pro- reduce mother-to-child transmission Grace of Vermont who testified as to vided since the inauguration of the leg- through more effective outreach, coun- the particular challenges of providing islation establishing the Ryan White seling, and voluntary testing of moth- care to people living with HIV/AIDS in programs over a decade ago. I also ers at risk for HIV infection. Between rural, and sometimes remote, parts of want to commend Senator FRIST whose 1993 and 1998, perinatal-acquired AIDS the country. It was clear from our wit- medical expertise played a critical role cases declined 74% in the U.S. In this nesses’ statements that, despite the in key provisions of the bill and con- bill, I have continued to support efforts successes, challenges remain. tinues to be an invaluable resource to to reach women in need of care for To address these challenges, we have our efforts on the range of health their HIV disease and have included developed a bill that will improve ac- issues that come before the Senate. I provisions to ensure that women, in- cess to care in underserved urban and want to recognize Senator DODD for his fants and children receive resources in rural areas. My bill will double the unwavering support for this legislation accordance with the prevalence of the minimum base funding available to and people living with HIV and AIDS. infection among them. states through the CARE Act to assist Finally, I want to acknowledge Sen- Another key success has been the them in developing systems of care for people struggling with HIV and AIDS. ator ENZI’s recognition of the growing AIDS Drug Assistance Program. This burden that AIDS and HIV have placed program has provided people with HIV The bill also includes a new supple- mental state grant to target assistance on rural communities throughout the and AIDS access to newly developed, to small and mid-sized metropolitan country and the need to address those highly effective therapeutics. Because areas to help them address the increas- gaps in services. of these drugs, people are maintaining Since its inception in 1990, the Ryan their health and living longer. The ing number of people with HIV/AIDS White program has enjoyed broad bi- AIDS death rate and the number of living outside of urban areas that re- partisan support. During the last reau- new AIDS cases have been dramati- ceive assistance under Title I of the thorization of the Ryan White CARE cally reduced. From 1996 to 1998, deaths Act. Rural and underserved areas re- Act in 1996, the measure garnered a from AIDS dropped 54% while new ceive a preference for planning, early intervention, and capacity develop- vote of 97 to 3 on its final passage. As AIDS cases have been reduced by 27%. ment grants under title III. In order to evidence that strong bipartisan support However, these treatments are very ex- assist states in expanding access to ap- continues, I am happy to report that pensive, do not provide a cure, and do propriate HIV/AIDS therapeutics to last month this reauthorization bill not work for everyone. low-income people with HIV/AIDS, a was passed unanimously out of com- AIDS, HIV, the people it infects and supplemental grant has been added to mittee. The bipartisan support for this families that it has affected are not in the news today as often as they have the AIDS Drug Assistance Program. important legislation underlines the The bill remains primarily a system been in the past. But for too many of critical need for the assistance this Act of grants to State and local jurisdic- us, this lack of bad news has created a provides across the nation. tions, thereby ensuring that grantees With this reauthorization, we mark false sense of complacency. While the can respond to local needs. States, the ten years through which the Ryan rate of decline in new AIDS cases and EMAs, and the affected communities White CARE Act has provided needed deaths is leveling off, HIV infection will still decide how to best prioritize health care and support services to HIV rates continue to rise in many areas; and address the healthcare needs of positive people around the country. Ti- becoming increasingly prevalent in their HIV-positive citizens. This bill tles I and II have provided much needed rural and underserved urban areas; and reinforces the ability of States and relief to cities and states hardest hit also among women, youth, and minor- EMAs to identify and meet local needs. by this disease, while Titles III and IV ity communities. Local and state Finally, in recognition of the chang- have had a direct role in providing healthcare systems face an increasing ing nature of the epidemic, I have healthcare services to underserved burden of disease, despite our success asked the Institute of Medicine to com- communities. Ryan White program dol- in treating and caring for people living plete a study of the financing and de- lars provide the foundation of care so with HIV and AIDS. Unfortunately, livery of primary care and support necessary in fighting this epidemic and rural and underserved urban areas are services for low income, uninsured, and have allowed States and communities often unable to address the complex under-insured individuals with HIV dis- around the country to successfully ad- medical and support services needs of ease, within 21 months after the enact- dress the needs of people affected by people with HIV infection. Thus, Ryan ment of this Act. Changes in HIV sur- HIV disease. White programs remain as vital to the veillance and case reporting, and the In a recently released report, the public health of this nation as it was in effects of these changes on program General Accounting Office found that 1990 and in 1996. As the AIDS epidemic funding, will be included in this study. CARE Act funds are reaching the in- reaches into rural areas and into un- The recommendations from this study fected groups that have typically been derserved urban communities across will help Congress and the Secretary of underserved, including the poor, the the country, this legislation will allow Health and Human Services to ensure uninsured, women, and ethnic minori- us to adapt our care systems to meet the most effective and efficient use of ties. In fact, these groups form a ma- the most urgent needs in the commu- Federal funds for HIV and AIDS care jority of CARE Act clients and are nities hardest hit by the epidemic. and support. being served by the CARE Act in high- The bill being considered today was I intend to see this bill become law er proportions than their representa- developed on a bipartisan basis, work- this year so that the people struggling tion in the AIDS population. The GAO ing with other Committee Members, to overcome the challenges of HIV and also found that CARE Act funds sup- community stakeholders and elected AIDS continue to benefit from high port a wide array of primary care and officials at the state and local levels quality medical care and access to life- support services, including the provi- from whom we sought input to ensure saving drugs. We have made incredible sion of powerful therapeutic regimens that we addressed the most important progress in the fight against HIV/AIDS for people with HIV/AIDS that have problems facing communities of people and I want to be sure that every person dramatically reduced AIDS diagnoses with HIV infection. I held a hearing in in America in need of assistance bene- and deaths. March before the Committee on fits from our tremendous advances.

VerDate Mar 15 2010 22:45 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00088 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06JN0.REC S06JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 6, 2000 CONGRESSIONAL RECORD — SENATE S4595 Many groups and individuals have SEC. 2. REFERENCES; TABLE OF CONTENTS. TITLE I—AMENDMENTS TO HIV HEALTH contributed significantly to crafting (a) REFERENCES.—Except as otherwise ex- CARE PROGRAM pressly provided, whenever in this Act an this bill, but I want to acknowledge Subtitle A—Amendments to Part A amendment or repeal is expressed in terms of those at the Health Resources and (Emergency Relief Grants) Services Administration, especially Dr. an amendment to, or repeal of, a section or other provision, the reference shall be con- SEC. 101. DUTIES OF PLANNING COUNCIL, FUND- Joseph O’Neill, Associate Adminis- sidered to be made to a section or other pro- ING PRIORITIES, QUALITY ASSESS- trator of the HIV/AIDS bureau; John vision of the Public Health Service Act (42 MENT. Palenicek, Director of the Office of U.S.C. 201 et seq.). Section 2602 (42 U.S.C. 300ff–12) is amend- Policy and Program Development; (b) Table of Contents.—The table of con- ed— Doug Morgan, Director of the Division tents of this Act is as follows: (1) in subsection (b)— of Service Systems; and Howard Sec. 1. Short title. (A) in paragraph (2)(C), by inserting before Lerner, Principal Adviser for Tele- Sec. 2. References; table of contents. the semicolon the following: ‘‘, including health and International Collabora- providers of housing and homeless services’’; TITLE I—AMENDMENTS TO HIV HEALTH and tion, HIV/AIDS. All of the groups CARE PROGRAM united under the umbrella of the Na- (B) in paragraph (4), by striking ‘‘shall—’’ Subtitle A—Amendments to Part A and all that follows and inserting ‘‘shall tional Organizations Responding to (Emergency Relief Grants) have the responsibilities specified in sub- AIDS (NORA) deserve recognition. Rep- section (d).’’; and resenting a diverse community of peo- Sec. 101. Duties of planning council, funding priorities, quality assessment. (2) by adding at the end the following: ple with AIDS, CARE Act service pro- Sec. 102. Quality management. ‘‘(d) DUTIES OF PLANNING COUNCIL.—The viders, and administrative agencies, Sec. 103. Funded entities required to have planning council established under sub- NORA clearly and effectively commu- health care relationships. section (b) shall have the following duties: nicated to Congress the needs and pri- Sec. 104. Support services required to be ‘‘(1) PRIORITIES FOR ALLOCATION OF orities of their constituents. health care-related. FUNDS.—The council shall establish prior- I also want to thank several staff Sec. 105. Use of grant funds for early inter- ities for the allocation of funds within the el- members who have worked long and vention services. igible area, including how best to meet each hard to craft this bill and to address Sec. 106. Replacement of specified fiscal such priority and additional factors that a the concerns and needs of the affected years regarding the sunset on grantee should consider in allocating funds communities. Sean Donohue and Wil- expedited distribution require- under a grant, based on the following fac- tors: liam Oscar Fleming have guided this ments. Sec. 107. Hold harmless provision. ‘‘(A) The size and demographic characteris- effort from the beginning, building tics of the population with HIV disease to be Sec. 108. Set-aside for infants, children, and consensus across the many policy served, including, subject to subsection (e), women. issues, resulting in a bill that meets the needs of individuals living with HIV in- the pressing needs of people with HIV Subtitle B—Amendments to Part B (Care fection who are not receiving HIV-related and AIDS and enjoys broad bipartisan Grant Program) health services. support. Stephanie Robinson and Idalia Sec. 121. State requirements concerning ‘‘(B) The documented needs of the popu- Sanchez, for Senator KENNEDY, were identification of need and allo- lation with HIV disease with particular at- key to reaching agreement on this bill cation of resources. tention being given to disparities in health and have provided invaluable assist- Sec. 122. Quality management. services among affected subgroups within the eligible area. ance and support throughout the devel- Sec. 123. Funded entities required to have health care relationships. ‘‘(C) The demonstrated or probable cost opment of this legislation. I would also Sec. 124. Support services required to be and outcome effectiveness of proposed strat- like to recognize Dave Larson and health care-related. egies and interventions, to the extent that Mary Sumpter Johnson, of Senator Sec. 125. Use of grant funds for early inter- data are reasonably available. FRIST’s office, for their support for the vention services. ‘‘(D) Priorities of the communities with needs of rural and underserved commu- Sec. 126. Authorization of appropriations for HIV disease for whom the services are in- nities throughout the nation. Simi- HIV-related services for women tended. larly, Jeannie Ireland with Senator and children. ‘‘(E) The availability of other govern- DODD’s office, Helen Rhee, working for Sec. 127. Repeal of requirement for com- mental and non-governmental resources, in- cluding the State medicaid plan under title Senator DEWINE, Libby Rolfe, for Mr. pleted Institute of Medicine re- XIX of the Social Security Act and the State SESSIONS, and Raissa Geary and Mary port. Sec. 128. Supplement grants for certain Children’s Health Insurance Program under Jordan in Senator ENZI’s office, pro- title XXI of such Act to cover health care vided valuable input. Without the ef- States. Sec. 129. Use of treatment funds. costs of eligible individuals and families forts of these staff members, we would Sec. 130. Increase in minimum allotment. with HIV disease. not have such a strong, well-balanced, Sec. 131. Set-aside for infants, children, and ‘‘(F) Capacity development needs resulting and targeted reauthorization bill be- women. from gaps in the availability of HIV services fore us today. in historically underserved low-income com- Mr. WARNER. Mr. President, I ask Subtitle C—Amendments to Part C (Early munities. Intervention Services) unanimous consent that the amend- ‘‘(2) COMPREHENSIVE SERVICE DELIVERY ment be agreed to, the committee sub- Sec. 141. Amendment of heading; repeal of PLAN.—The council shall develop a com- formula grant program. stitute be agreed to, as amended, the prehensive plan for the organization and de- Sec. 142. Planning and development grants. livery of health and support services de- bill be read a third time and passed, Sec. 143. Authorization of appropriations for scribed in section 2604. Such plan shall be the motion to reconsider be laid upon categorical grants. compatible with any existing State or local the table, and that any statements re- Sec. 144. Administrative expenses ceiling; plans regarding the provision of such serv- lating to the bill be printed in the quality management program. ices to individuals with HIV disease. RECORD. Sec. 145. Preference for certain areas. ‘‘(3) ASSESSMENT OF FUND ALLOCATION EFFI- The PRESIDING OFFICER. Without Sec. 146. Technical amendment. CIENCY.—The council shall assess the effi- ciency of the administrative mechanism in objection, it is so ordered. Subtitle D—Amendments to Part D (General rapidly allocating funds to the areas of The amendment (No. 3190) was agreed Provisions) to. greatest need within the eligible area. Sec. 151. Research involving women, infants, ‘‘(4) STATEWIDE STATEMENT OF NEED.—The The committee amendment in the children, and youth. nature of a substitute, as amended, was council shall participate in the development Sec. 152. Limitation on administrative ex- of the Statewide coordinated statement of agreed to. penses. need as initiated by the State public health The bill (S. 2311), as amended, was Sec. 153. Evaluations and reports. agency responsible for administering grants passed, as follows: Sec. 154. Authorization of appropriations for under part B. S. 2311 grants under parts A and B. ‘‘(5) COORDINATION WITH OTHER FEDERAL Be it enacted by the Senate and House of Rep- Subtitle E—Amendments to Part F GRANTEES.—The council shall coordinate resentatives of the United States of America in (Demonstration and Training) with Federal grantees providing HIV-related Congress assembled, Sec. 161. Authorization of appropriations. services within the eligible area. SECTION 1. SHORT TITLE. ‘‘(6) COMMUNITY PARTICIPATION.—The coun- This Act may be cited as the ‘‘Ryan White TITLE II—MISCELLANEOUS PROVISIONS cil shall establish methods for obtaining CARE Act Amendments of 2000’’. Sec. 201. Institute of Medicine study. input on community needs and priorities

VerDate Mar 15 2010 22:45 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00089 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06JN0.REC S06JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4596 CONGRESSIONAL RECORD — SENATE June 6, 2000 which may include public meetings, con- fication centers, adult and juvenile deten- (1) in subparagraph (A), by striking ‘‘serv- ducting focus groups, and convening ad-hoc tion facilities, sexually transmitted disease ices to individuals with HIV disease’’ and in- panels. clinics, HIV counseling and testing sites, serting ‘‘services as described in section ‘‘(e) PROCESS FOR ESTABLISHING ALLOCA- mental health programs, and homeless shel- 2604(b)(1)’’; and TION PRIORITIES.— ters) and other entities under section 2652(a) (2) in subparagraph (B), by striking ‘‘serv- ‘‘(1) IN GENERAL.—Not later than 24 months for the purpose of facilitating early interven- ices for individuals with HIV disease’’ and in- after the date of enactment of the Ryan tion for individuals newly diagnosed with serting ‘‘services as described in section White CARE Act Amendments of 2000, the HIV disease and individuals knowledgeable 2604(b)(1)’’. Secretary shall— of their status but not in care;’’. SEC. 106. REPLACEMENT OF SPECIFIED FISCAL ‘‘(A) consult with eligible metropolitan SEC. 104. SUPPORT SERVICES REQUIRED TO BE YEARS REGARDING THE SUNSET ON areas, affected communities, experts, and HEALTH CARE-RELATED. EXPEDITED DISTRIBUTION RE- other appropriate individuals and entities, to (a) IN GENERAL.—Section 2604(b)(1) (42 QUIREMENTS. develop epidemiologic measures for estab- U.S.C. 300ff–14(b)(1)) is amended— Section 2603(a)(2) (42 U.S.C. 300ff–13(a)(2)) is lishing the number of individuals living with (1) in the matter preceding subparagraph amended by striking ‘‘for each of the fiscal HIV disease who are not receiving HIV-re- (A), by striking ‘‘HIV-related—’’ and insert- years 1996 through 2000’’ and inserting ‘‘for a lated health services; and ing ‘‘HIV-related services, as follows:’’; fiscal year’’. ‘‘(B) provide advice and technical assist- (2) in subparagraph (A)— SEC. 107. HOLD HARMLESS PROVISION. ance to planning councils with respect to the (A) by striking ‘‘outpatient’’ and all that Section 2603(a)(4) (42 U.S.C. 300ff–13(a)(4)) is process for establishing priorities for the al- follows through ‘‘substance abuse treatment amended to read as follows: location of funds under subsection (d)(1). and’’ and inserting the following: ‘‘OUT- ‘‘(4) LIMITATION.—With respect to each of ‘‘(2) EXCEPTION.—Grantees under this part PATIENT HEALTH SERVICES.—Outpatient and fiscal years 2001 through 2005, the Secretary shall not be required to establish priorities ambulatory health services, including sub- shall ensure that the amount of a grant for individuals not in care until epidemio- stance abuse treatment,’’; and made to an eligible area under paragraph (2) logic measures are developed under para- (B) by striking ‘‘; and’’ and inserting a pe- for such a fiscal year is not less than an graph (1).’’. riod; amount equal to 98 percent of the amount SEC. 102. QUALITY MANAGEMENT. (3) in subparagraph (B), by striking ‘‘(B) in- the eligible area received for the fiscal year patient case management’’ and inserting (a) FUNDS AVAILABLE FOR QUALITY MAN- preceding the year for which the determina- ‘‘(C) INPATIENT CASE MANAGEMENT SERV- AGEMENT.—Section 2604 (42 U.S.C. 300ff–14) is tion is being made.’’. ICES.—Inpatient case management’’; and amended— SEC. 108. SET-ASIDE FOR INFANTS, CHILDREN, (4) by inserting after subparagraph (A) the (1) by redesignating subsections (c) AND WOMEN. following: through (f) as subsections (d) through (g), re- Section 2604(b)(3) (42 U.S.C. 300ff–14(b)(3)) is ‘‘(B) OUTPATIENT SUPPORT SERVICES.—Out- spectively; and amended— patient and ambulatory support services (in- (2) by inserting after subsection (b) the fol- (1) by inserting ‘‘for each population under cluding case management), to the extent lowing: this subsection’’ after ‘‘council’’; and that such services facilitate, enhance, sup- ‘‘(c) QUALITY MANAGEMENT.— (2) by striking ‘‘ratio of the’’ and inserting port, or sustain the delivery, continuity, or ‘‘(1) REQUIREMENT.—The chief elected offi- ‘‘ratio of each’’. benefits of health services for individuals cial of an eligible area that receives a grant Subtitle B—Amendments to Part B (Care and families with HIV disease.’’. under this part shall provide for the estab- (b) CONFORMING AMENDMENT TO APPLICA- Grant Program) lishment of a quality management program TION REQUIREMENTS.—Section 2605(a) (42 SEC. 121. STATE REQUIREMENTS CONCERNING to assess the extent to which medical serv- U.S.C. 300ff–15(a)), as amended by section IDENTIFICATION OF NEED AND AL- ices provided to patients under the grant are 102(b), is further amended— LOCATION OF RESOURCES. consistent with the most recent Public (1) in paragraph (7) (as so redesignated), by (a) GENERAL USE OF GRANTS.—Section 2612 Health Service guidelines for the treatment striking ‘‘and’’ at the end thereof; (42 U.S.C. 300ff–22) is amended— of HIV disease and related opportunistic in- (2) in paragraph (8) (as so redesignated), by (1) by striking ‘‘A State’’ and inserting fection and to develop strategies for im- striking the period and inserting ‘‘; and’’; ‘‘(a) IN GENERAL.—A State’’; and provements in the access to and quality of and (2) in the matter following paragraph (5)— medical services. (3) by adding at the end the following: (A) by striking ‘‘Services’’ and inserting: ‘‘(2) USE OF FUNDS.—From amounts re- ‘‘(9) that the eligible area has procedures ‘‘(b) DELIVERY OF SERVICES.—Services’’; ceived under a grant awarded under this in place to ensure that services provided (B) by striking ‘‘paragraph (1)’’ and insert- part, the chief elected official of an eligible with funds received under this part meet the ing ‘‘subsection (a)(1)’’; and area may use, for activities associated with criteria specified in section 2604(b)(1).’’. (C) by striking ‘‘paragraph (2)’’ and insert- its quality management program, not more SEC. 105. USE OF GRANT FUNDS FOR EARLY ing ‘‘subsection (a)(2) and section 2613’’; than the lesser of— INTERVENTION SERVICES. (b) APPLICATION.—Section 2617(b) (42 U.S.C. ‘‘(A) 5 percent of amounts received under (a) IN GENERAL.—Section 2604(b)(1) (42 300ff–27(b)) is amended— the grant; or U.S.C. 300ff–14(b)(1)), as amended by section (1) in paragraph (1)(C)— ‘‘(B) $3,000,000.’’. 104(a), is further amended by adding at the (A) by striking clause (i) and inserting the (b) QUALITY MANAGEMENT REQUIRED FOR end the following: following: ELIGIBILITY FOR GRANTS.—Section 2605(a) (42 ‘‘(D) EARLY INTERVENTION SERVICES.—Early ‘‘(i) the size and demographic characteris- U.S.C. 300ff–15(a)) is amended— intervention services as described in section tics of the population with HIV disease to be (1) by redesignating paragraphs (3) through 2651(b)(2), with follow-through referral, pro- served, except that by not later than October (6) as paragraphs (5) through (8), respec- vided for the purpose of facilitating the ac- 1, 2002, the State shall take into account the tively; and cess of individuals receiving the services to needs of individuals not in care, based on epi- (2) by inserting after paragraph (2) the fol- HIV-related health services, but only if the demiologic measures developed by the Sec- lowing: entity providing such services— retary in consultation with the State, af- ‘‘(3) that the chief elected official of the el- ‘‘(i)(I) is receiving funds under subpara- fected communities, experts, and other ap- igible area will satisfy all requirements graph (A) or (C); or propriate individuals (such State shall not be under section 2604(c);’’. ‘‘(II) is an entity constituting a point of required to establish priorities for individ- SEC. 103. FUNDED ENTITIES REQUIRED TO HAVE access to services, as described in section uals not in care until such epidemiologic HEALTH CARE RELATIONSHIPS. 2605(a)(4), that maintains a relationship with measures are developed);’’; (a) USE OF AMOUNTS.—Section 2604(e)(1) (42 an entity described in subclause (I) and that (B) in clause (iii), by striking ‘‘and’’ at the U.S.C. 300ff–14(d)(1)) (as so redesignated by is serving individuals at elevated risk of HIV end; and section 102(a)) is amended by inserting ‘‘and disease; (C) by adding at the end the following: the State Children’s Health Insurance Pro- ‘‘(ii) demonstrates to the satisfaction of ‘‘(v) the availability of other governmental gram under title XXI of such Act’’ after ‘‘So- the chief elected official that Federal, State, and non-governmental resources; cial Security Act’’. or local funds are inadequate for the early ‘‘(vi) the capacity development needs re- (b) APPLICATIONS.—Section 2605(a) (42 intervention services the entity will provide sulting in gaps in the provision of HIV serv- U.S.C. 300ff–15(a)) is amended by inserting with funds received under this subparagraph; ices in historically underserved low-income after paragraph (3), as added by section and and rural low-income communities; and 102(b), the following: ‘‘(iii) demonstrates to the satisfaction of ‘‘(vii) the efficiency of the administrative ‘‘(4) that funded entities within the eligible the chief elected official that funds will be mechanism in rapidly allocating funds to the area that receive funds under a grant under utilized under this subparagraph to supple- areas of greatest need within the State;’’; section 2601(a) shall maintain appropriate re- ment not supplant other funds available for and lationships with entities in the area served such services in the year for which such (2) in paragraph (2)— that constitute key points of access to the funds are being utilized. (A) in subparagraph (B), by striking ‘‘and’’ health care system for individuals with HIV (b) CONFORMING AMENDMENTS TO APPLICA- at the end; disease (including emergency rooms, sub- TION REQUIREMENTS.—Section 2605(a)(1) (42 (B) by redesignating subparagraph (C) as stance abuse treatment programs, detoxi- U.S.C. 300ff–15(a)(1)) is amended— subparagraph (F); and

VerDate Mar 15 2010 22:45 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00090 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06JN0.REC S06JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 6, 2000 CONGRESSIONAL RECORD — SENATE S4597 (C) by inserting after subparagraph (B), the ‘‘(B) the State submits and the Secretary SEC. 126. AUTHORIZATION OF APPROPRIATIONS following: approves a plan (in such form and containing FOR HIV-RELATED SERVICES FOR ‘‘(C) an assurance that capacity develop- such information as the Secretary may pre- WOMEN AND CHILDREN. ment needs resulting from gaps in the provi- scribe) for use of funds for its quality man- Section 2625(c)(2) (42 U.S.C. 300ff–33(c)(2)) is sion of services in underserved low-income agement program.’’. amended by striking ‘‘fiscal years 1996 and rural low-income communities will be through 2000’’ and inserting ‘‘fiscal years 2001 SEC. 123. FUNDED ENTITIES REQUIRED TO HAVE through 2005’’. addressed; and HEALTH CARE RELATIONSHIPS. ‘‘(D) with respect to fiscal year 2003 and SEC. 127. REPEAL OF REQUIREMENT FOR COM- subsequent fiscal years, assurances that, in Section 2617(b)(4) (42 U.S.C. 300ff–27(b)(4)), PLETED INSTITUTE OF MEDICINE the planning and allocation of resources, the as amended by section 122(a), is further REPORT. State, through systems of HIV-related amended by adding at the end the following: Section 2628 (42 U.S.C. 300ff–36) is repealed. health services provided under paragraphs ‘‘(H) that funded entities maintain appro- SEC. 128. SUPPLEMENTAL GRANTS FOR CERTAIN (1), (2), and (3) of section 2612(a), will make priate relationships with entities in the area STATES. appropriate provision for the HIV-related served that constitute key points of access Subpart I of part B of title XXVI of the health and support service needs of individ- to the health care system for individuals Public Health Service Act (42 U.S.C. 300ff–11 uals who have been diagnosed with HIV dis- with HIV disease (including emergency et seq.) is amended by adding at the end the ease but who are not currently receiving rooms, substance abuse treatment programs, following: detoxification centers, adult and juvenile de- such services, based on the epidemiologic ‘‘SEC. 2622. SUPPLEMENTAL GRANTS. tention facilities, sexually transmitted dis- measures developed under paragraph ‘‘(a) IN GENERAL.—The Secretary shall (1)(C)(i);’’. ease clinics, HIV counseling and testing sites, mental health programs, and homeless award supplemental grants to States deter- SEC. 122. QUALITY MANAGEMENT. shelters), and other entities under section mined to be eligible under subsection (b) to (a) STATE REQUIREMENT FOR QUALITY MAN- 2652(a), for the purpose of facilitating early enable such States to provide comprehensive AGEMENT.—Section 2617(b)(4) (42 U.S.C. 300ff– intervention for individuals newly diagnosed services of the type described in section 27(b)(4)) is amended— with HIV disease and individuals knowledge- 2612(a) to supplement the services otherwise (1) by striking subparagraph (C) and insert- able of their status but not in care.’’. provided by the State under a grant under ing the following: this subpart in emerging communities with- ‘‘(C) the State will provide for— SEC. 124. SUPPORT SERVICES REQUIRED TO BE in the State that are not eligible to receive ‘‘(i) the establishment of a quality manage- HEALTH CARE-RELATED. grants under part A. ment program to assess the extent to which (a) TECHNICAL AMENDMENT.—Section ‘‘(b) ELIGIBILITY.—To be eligible to receive medical services provided to patients under 3(c)(2)(A)(iii) of the Ryan White CARE Act a supplemental grant under subsection (a) a the grant are consistent with the most re- Amendments of 1996 (Public Law 104–146) is State shall— cent Public Health Service guidelines for the amended by inserting ‘‘before paragraph (2) ‘‘(1) be eligible to receive a grant under treatment of HIV disease and related oppor- as so redesignated’’ after ‘‘inserting’’. this subpart; tunistic infections and to develop strategies (b) SERVICES.—Section 2612(a)(1) (42 U.S.C. ‘‘(2) demonstrate the existence in the State for improvements in the access to and qual- 300ff–22(a)(1)), as so designated by section of an emerging community as defined in sub- ity of medical services; and 121(a), is amended by striking ‘‘for individ- section (d)(1); and ‘‘(ii) a periodic review (such as through an uals with HIV disease’’ and inserting ‘‘, sub- ‘‘(3) submit the information described in independent peer review) to assess the qual- ject to the conditions and limitations that subsection (c). ity and appropriateness of HIV-related apply under such section’’. ‘‘(c) REPORTING REQUIREMENTS.—A State health and support services provided by enti- that desires a grant under this section shall, (c) CONFORMING AMENDMENT TO STATE AP- ties that receive funds from the State under as part of the State application submitted PLICATION REQUIREMENT.—Section 2617(b)(2) this part;’’; (42 U.S.C. 300ff–27(b)(2)), as amended by sec- under section 2617, submit a detailed descrip- (2) by redesignating subparagraphs (E) and tion 121(b), is further amended by inserting tion of the manner in which the State will (F) as subparagraphs (F) and (G), respec- after subparagraph (D) the following: use amounts received under the grant and of tively; ‘‘(E) an assurance that the State has proce- the severity of need. Such description shall (3) by inserting after subparagraph (D), the dures in place to ensure that services pro- include— following: vided with funds received under this section ‘‘(1) a report concerning the dissemination ‘‘(E) an assurance that the State, through meet the criteria specified in section of supplemental funds under this section and systems of HIV-related health services pro- 2604(b)(1)(B); and’’. the plan for the utilization of such funds in vided under paragraphs (1), (2), and (3) of sec- the emerging community; tion 2612(a), has considered strategies for SEC. 125. USE OF GRANT FUNDS FOR EARLY ‘‘(2) a demonstration of the existing com- working with providers to make optimal use INTERVENTION SERVICES. mitment of local resources, both financial of financial assistance under the State med- Section 2612(a) (42 U.S.C. 300ff–22(a)), as and in-kind; icaid plan under title XIX of the Social Secu- amended by section 121, is further amended— ‘‘(3) a demonstration that the State will rity Act, the State Children’s Health Insur- (1) in paragraph (4), by striking ‘‘and’’ at maintain HIV-related activities at a level ance Program under title XXI of such Act, the end; that is equal to not less than the level of and other Federal grantees that provide HIV- (2) in paragraph (5), by striking the period such activities in the State for the 1-year pe- related services, to maximize access to qual- and inserting ‘‘; and’’; and riod preceding the fiscal year for which the ity HIV-related health and support services; (3) by adding at the end the following: State is applying to receive a grant under (4) in subparagraph (F), as so redesignated, ‘‘(6) to provide, through systems of HIV-re- this part; by striking ‘‘and’’ at the end; and lated health services provided under para- ‘‘(4) a demonstration of the ability of the (5) in subparagraph (G), as so redesignated, graphs (1), (2), and (3), early intervention State to utilize such supplemental financial by striking the period and inserting ‘‘; and’’. services, as described in section 2651(b)(2), resources in a manner that is immediately (b) AVAILABILITY OF FUNDS FOR QUALITY with follow-up referral, provided for the pur- responsive and cost effective; MANAGEMENT.— pose of facilitating the access of individuals ‘‘(5) a demonstration that the resources (1) AVAILABILITY OF GRANT FUNDS FOR PLAN- receiving the services to HIV-related health will be allocated in accordance with the NING AND EVALUATION.—Section 2618(c)(3) (42 services, but only if the entity providing local demographic incidence of AIDS includ- U.S.C. 300ff–28(c)(3)) is amended by inserting such services— ing appropriate allocations for services for before the period ‘‘, including not more than ‘‘(A)(i) is receiving funds under section infants, children, women, and families with $3,000,000 for all activities associated with its 2612(a)(1); or HIV disease; quality management program’’. ‘‘(ii) is an entity constituting a point of ac- ‘‘(6) a demonstration of the inclusiveness (2) EXCEPTION TO COMBINED CEILING ON cess to services, as described in section of the planning process, with particular em- PLANNING AND ADMINISTRATION FUNDS FOR 2617(b)(4), that maintains a referral relation- phasis on affected communities and individ- STATES WITH SMALL GRANTS.—Paragraph (6) ship with an entity described in clause (i) uals with HIV disease; and of section 2618(c) (42 U.S.C. 300ff–28(c)(6)) is and that is serving individuals at elevated ‘‘(7) a demonstration of the manner in amended to read as follows: risk of HIV disease; which the proposed services are consistent ‘‘(6) EXCEPTION FOR QUALITY MANAGE- ‘‘(B) demonstrates to the State’s satisfac- with local needs assessments and the state- MENT.—Notwithstanding paragraph (5), a tion that other Federal, State, or local funds wide coordinated statement of need. State whose grant under this part for a fiscal are inadequate for the early intervention ‘‘(d) DEFINITION OF EMERGING COMMUNITY.— year does not exceed $1,500,000 may use not services the entity will provide with funds In this section, the term ‘emerging commu- to exceed 20 percent of the amount of the received under this paragraph; and nity’ means a metropolitan area— grant for the purposes described in para- ‘‘(C) demonstrates to the satisfaction of ‘‘(1) that is not eligible for a grant under graphs (3) and (4) if— the State that funds will be utilized under part A; and ‘‘(A) that portion of the amount that may this paragraph to supplement not supplant ‘‘(2) for which there has been reported to be used for such purposes in excess of 15 per- other funds available for such services in the the Director of the Centers for Disease Con- cent of the grant is used for its quality man- year for which such funds are being uti- trol and Prevention a cumulative total of be- agement program; and lized.’’. tween 500 and 1999 cases of acquired immune

VerDate Mar 15 2010 22:45 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00091 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06JN0.REC S06JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4598 CONGRESSIONAL RECORD — SENATE June 6, 2000 deficiency syndrome for the most recent pe- (5) by adding at the end the following: ments of the type that may be provided riod of 5 calendar years for which such data ‘‘(F) encourage, support, and enhance ad- under this section.’’. are available. herence to and compliance with treatment SEC. 130. INCREASE IN MINIMUM ALLOTMENT. ‘‘(e) FUNDING.— regimens, including related medical moni- (a) IN GENERAL.—Section 2618(b)(1)(A)(i) (42 ‘‘(1) IN GENERAL.—Subject to paragraph (2), toring.’’; U.S.C. 300ff–28(b)(1)(A)(i)) is amended— with respect to each fiscal year beginning (6) by striking ‘‘In carrying’’ and inserting (1) in subclause (I), by striking ‘‘$100,000’’ with fiscal year 2001, the Secretary, to carry the following: and inserting ‘‘$200,000’’; and out this section, shall utilize— ‘‘(1) IN GENERAL.—In carrying’’; and (2) in subclause (II), by striking ‘‘$250,000’’ ‘‘(A) the greater of— (7) by adding at the end the following: and inserting ‘‘$500,000’’. ‘‘(i) 25 percent of the amount appropriated ‘‘(2) LIMITATIONS.— (b) TERRITORIES.—Section 2618(b)(1)(B) (42 under 2677 to carry out part B, excluding the ‘‘(A) IN GENERAL.—No State shall use funds U.S.C. 300ff–28(b)(1)(B)) is amended by insert- amount appropriated under section under paragraph (1)(F) unless the limitations ing ‘‘the greater of $50,000 or’’ after ‘‘shall 2618(b)(2)(H), for such fiscal year that is in on access to HIV/AIDS therapeutic regimens be’’. excess of the amount appropriated to carry as defined in subsection (e)(2) are eliminated. (c) TECHNICAL AMENDMENT.—Section out such part in fiscal year preceding the fis- ‘‘(B) AMOUNT OF FUNDING.—No State shall 2618(b)(3)(B) (42 U.S.C. 300ff–28(b)(3)(B)) is cal year involved; or use in excess of 10 percent of the amount set- amended by striking ‘‘and the Republic of ‘‘(ii) $5,000,000; aside for use under this section in any fiscal the Marshall Islands’’ and inserting ‘‘, the to provide funds to States for use in emerg- year to carry out activities under paragraph Republic of the Marshall Islands, the Fed- ing communities with at least 1000, but less (1)(F) unless the State demonstrates to the erated States of Micronesia, and the Repub- than 2000, cases of AIDS as reported to and Secretary that such additional services are lic of Palau, and only for purposes of para- confirmed by the Director of the Centers for essential and in no way diminish access to graph (1) the Commonwealth of Puerto Disease Control and Prevention for the five therapeutics.’’. Rico’’. year period preceding the year for which the (b) SUPPLEMENT GRANTS.—Section 2616 (42 SEC. 131. SET-ASIDE FOR INFANTS, CHILDREN, grant is being awarded; and U.S.C. 300ff–26) is amended by adding at the AND WOMEN. ‘‘(B) the greater of— end the following: Section 2611(b) (42 U.S.C. 300ff–21(b)) is ‘‘(i) 25 percent of the amount appropriated ‘‘(e) SUPPLEMENTAL GRANTS FOR THE PROVI- amended— under 2677 to carry out part B, excluding the SION OF TREATMENTS.— (1) by inserting ‘‘for each population under amount appropriated under section ‘‘(1) IN GENERAL.—From amounts made this subsection’’ after ‘‘State shall use’’; and 2618(b)(2)(H), for such fiscal year that is in available under paragraph (5), the Secretary (2) by striking ‘‘ratio of the’’ and inserting excess of the amount appropriated to carry shall award supplemental grants to States ‘‘ratio of each’’. out such part in fiscal year preceding the fis- determined to be eligible under paragraph (2) Subtitle C—Amendments to Part C (Early cal year involved; or to enable such States to increase access to Intervention Services) ‘‘(ii) $5,000,000; therapeutics to treat HIV disease as provided SEC. 141. AMENDMENT OF HEADING; REPEAL OF to provide funds to States for use in emerg- by the State under subsection (c)(1)(B) for in- FORMULA GRANT PROGRAM. ing communities with at least 500, but less dividuals at or below 200 percent of the Fed- (a) AMENDMENT OF HEADING.—The heading than 1000, cases of AIDS reported to and con- eral poverty line. of part C of title XXVI is amended to read as firmed by the Director of the Centers for Dis- ‘‘(2) CRITERIA.—The Secretary shall de- follows: ease Control and Prevention for the five year velop criteria for the awarding of grants ‘‘PART C—EARLY INTERVENTION AND PRIMARY period preceding the year for which the under paragraph (1) to States that dem- CARE SERVICES’’. grant is being awarded. onstrate a severe need. In determining the (b) REPEAL.—Part C of title XXVI (42 ‘‘(2) TRIGGER OF FUNDING.—This section criteria for demonstrating State severity of U.S.C. 300ff–41 et seq.) is amended— shall be effective only for fiscal years begin- need, the Secretary shall consider eligibility (1) by repealing subpart I; and ning in the first fiscal year in which the standards and formulary composition. (2) by redesignating subparts II and III as amount appropriated under 2677 to carry out ‘‘(3) STATE REQUIREMENT.—The Secretary subparts I and II. part B, excluding the amount appropriated may not make a grant to a State under this (c) CONFORMING AMENDMENTS.— under section 2618(b)(2)(H), exceeds by at subsection unless the State agrees that— (1) INFORMATION REGARDING RECEIPT OF least $20,000,000 the amount appropriated ‘‘(A) the State will make available (di- SERVICES.—Section 2661(a) (42 U.S.C. 300ff– under 2677 to carry out part B in fiscal year rectly or through donations from public or 61(a)) is amended by striking ‘‘unless—’’ and 2000, excluding the amount appropriated private entities) non-Federal contributions all that follows through ‘‘(2) in the case of’’ under section 2618(b)(2)(H). toward the activities to be carried out under and inserting ‘‘unless, in the case of’’. ‘‘(3) MINIMUM AMOUNT IN FUTURE YEARS.— the grant in an amount equal to $1 for each (2) ADDITIONAL AGREEMENTS.—Section 2664 Beginning with the first fiscal year in which $4 of Federal funds provided in the grant; and (42 U.S.C. 300ff–64) is amended— amounts provided for emerging communities ‘‘(B) the State will not impose eligibility (A) in subsection (e)(5), by striking ‘‘2642(b) under paragraph (1)(A) equals $5,000,000 and requirements for services or scope of benefits or’’; under paragraph (1)(B) equals $5,000,000, the limitations under subsection (a) that are (B) in subsection (f)(2), by striking ‘‘2642(b) Secretary shall ensure that amounts made more restrictive than such requirements in or’’; and available under this section for the types of effect as of January 1, 2000. (C) by striking subsection (h). emerging communities described in each ‘‘(4) USE AND COORDINATION.—Amounts SEC. 142. PLANNING AND DEVELOPMENT such paragraph in subsequent fiscal years is made available under a grant under this sub- GRANTS. at least $5,000,000. section shall only be used by the State to (a) ALLOWING PLANNING AND DEVELOPMENT ‘‘(4) DISTRIBUTION.—The amount of a grant provide HIV/AIDS-related medications. The GRANT TO EXPAND ABILITY TO PROVIDE PRI- awarded to a State under this section shall State shall coordinate the use of such MARY CARE SERVICES.—Section 2654(c) (42 be determined by the Secretary based on the amounts with the amounts otherwise pro- U.S.C. 300ff–54(c)) is amended— formula described in section 2618(b)(2), ex- vided under this section in order to maxi- (1) in paragraph (1), to read as follows: cept that in applying such formula, the Sec- mize drug coverage. ‘‘(1) IN GENERAL.—The Secretary may pro- retary shall— ‘‘(5) FUNDING.— vide planning and development grants to ‘‘(A) substitute ‘1.0’ for ‘.80’ in subpara- ‘‘(A) RESERVATION OF AMOUNT.—The Sec- public and nonprofit private entities for the graph (A)(ii)(I) of such section; and retary shall reserve 3 percent of any amount purpose of— ‘‘(B) not consider the provisions of sub- referred to in section 2618(b)(2)(H) that is ap- ‘‘(A) enabling such entities to provide HIV paragraphs (A)(ii)(II) and (C) of such sec- propriated for a fiscal year, to carry out this early intervention services; or tion.’’. subsection. ‘‘(B) assisting such entities to expand the SEC. 129. USE OF TREATMENT FUNDS. ‘‘(B) MINIMUM AMOUNT.—In providing capacity, preparedness, and expertise to de- (a) STATE DUTIES.—Section 2616(c) (42 grants under this subsection, the Secretary liver primary care services to individuals U.S.C. 300ff–26(c)) is amended— shall ensure that the amount of a grant to a with HIV disease in underserved low-income (1) in the matter preceding paragraph (1), State under this part is not less than the communities on the condition that the funds by striking ‘‘shall—’’ and inserting ‘‘shall amount the State received under this part in are not used to purchase or improve land or use funds made available under this section the previous fiscal year, as a result of grants to purchase, construct, or permanently im- to—’’; provided under this subsection.’’. prove (other than minor remodeling) any (2) by redesignating paragraphs (1) through (c) SUPPLEMENT AND NOT SUPPLANT.—Sec- building or other facility.’’; and (5) as subparagraphs (A) through (E), respec- tion 2616 (42 U.S.C. 300ff–26(c)), as amended (2) in paragraphs (2) and (3) by striking tively and realigning the margins of such by subsection (b), is further amended by add- ‘‘paragraph (1)’’ each place that such appears subparagraphs appropriately; ing at the end the following: and inserting ‘‘paragraph (1)(A)’’. (3) in subparagraph (D) (as so redesig- ‘‘(f) SUPPLEMENT NOT SUPPLANT.—Notwith- (b) AMOUNT; DURATION.—Section 2654(c) (42 nated), by striking ‘‘and’’ at the end; standing any other provision of law, U.S.C. 300ff–54(c)), as amended by subsection (4) in subparagraph (E) (as so redesig- amounts made available under this section (a), is further amended— nated), by striking the period and inserting shall be used to supplement and not supplant (1) by redesignating paragraph (4) as para- ‘‘; and’’; and other funding available to provide treat- graph (5); and

VerDate Mar 15 2010 22:45 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00092 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06JN0.REC S06JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 6, 2000 CONGRESSIONAL RECORD — SENATE S4599 (2) by inserting after paragraph (3) the fol- (1) by striking the subsection heading and Subtitle E—Amendments to Part F lowing: designation and inserting the following: (Demonstration and Training) ‘‘(4) AMOUNT AND DURATION OF GRANTS.— ‘‘(f) ADMINISTRATION.— SEC. 161. AUTHORIZATION OF APPROPRIATIONS. ‘‘(A) EARLY INTERVENTION SERVICES.—A ‘‘(1) APPLICATION.—’’; and grant under paragraph (1)(A) may be made in (2) by adding at the end the following: (a) SCHOOLS; CENTERS.—Section 2692(c)(1) an amount not to exceed $50,000. ‘‘(2) QUALITY MANAGEMENT PROGRAM.—A (42 U.S.C. 300ff–111(c)(1)) is amended by strik- ‘‘(B) CAPACITY DEVELOPMENT.— grantee under this section shall implement a ing ‘‘fiscal years 1996 through 2000’’ and in- ‘‘(i) AMOUNT.—A grant under paragraph quality management program.’’. serting ‘‘fiscal years 2001 through 2005’’. (1)(B) may be made in an amount not to ex- (d) COORDINATION.—Section 2671(g) (42 ceed $150,000. U.S.C. 300ff–71(g)) is amended by adding at (b) DENTAL SCHOOLS.—Section 2692(c)(2) (42 ‘‘(ii) DURATION.—The total duration of a the end the following: ‘‘The Secretary acting U.S.C. 300ff–111(c)(2)) is amended by striking grant under paragraph (1)(B), including any through the Director of NIH, shall examine ‘‘fiscal years 1996 through 2000’’ and inserting renewal, may not exceed 3 years.’’. the distribution and availability of ongoing ‘‘fiscal years 2001 through 2005’’. (c) INCREASE IN LIMITATION.—Section and appropriate HIV/AIDS-related research (c) DENTAL SCHOOLS AND PROGRAMS.—Sec- 2654(c)(5) (42 U.S.C. 300ff–54(c)(5)), as so redes- projects to existing sites under this section tion 2692(b) of the Public Health Service Act ignated by subsection (b), is amended by for purposes of enhancing and expanding vol- (42 U.S.C. 300ff-111(b)) is amended— striking ‘‘1 percent’’ and inserting ‘‘5 per- untary access to HIV-related research, espe- cent’’. (1) in paragraph (1), by striking cially within communities that are not rea- ‘‘777(b)(4)(B)’’ and inserting ‘‘777(b)(4)(B) (as SEC. 143. AUTHORIZATION OF APPROPRIATIONS sonably served by such projects. Not later FOR CATEGORICAL GRANTS. such section existed on the day before the than 12 months after the date of enactment date of enactment of the Health Professions Section 2655 (42 U.S.C. 300ff–55) is amended of the Ryan White CARE Act Amendments of by striking ‘‘1996’’ and all that follows Education Partnerships Act of 1998 (Public 2000, the Secretary shall prepare and submit Law 105-392)) and dental hygiene programs through ‘‘2000’’ and inserting ‘‘2001 through to the appropriate committees of Congress a 2005’’. that are accredited by the Commission on report that describes the findings made by Dental Accreditation’’; and SEC. 144. ADMINISTRATIVE EXPENSES CEILING; the Director and the manner in which the QUALITY MANAGEMENT PROGRAM. (2) in paragraph (2), by striking conclusions based on those findings can be ‘‘777(b)(4)(B)’’ and inserting ‘‘777(b)(4)(B) (as Section 2664(g) (42 U.S.C. 300ff–64(g)) is addressed.’’. amended— such section existed on the day before the (e) AUTHORIZATION OF APPROPRIATIONS.— date of enactment of the Health Professions (1) in paragraph (3), to read as follows: Section 2671(j) (42 U.S.C. 300ff–71(j)) is ‘‘(3) the applicant will not expend more Education Partnerships Act of 1998 (Public amended by striking ‘‘fiscal years 1996 Law 105-392))’’. than 10 percent of the grant for costs of ad- through 2000’’ and inserting ‘‘fiscal years 2001 ministrative activities with respect to the through 2005’’. TITLE II—MISCELLANEOUS PROVISIONS grant;’’; SEC. 152. LIMITATION ON ADMINISTRATIVE EX- SEC. 201. INSTITUTE OF MEDICINE STUDY. (2) in paragraph (4), by striking the period PENSES. and inserting ‘‘; and’’; and Section 2671 (42 U.S.C. 300ff–71) is amend- (a) IN GENERAL.—Not later than 120 days (3) by adding at the end the following: ed— after the date of enactment of this Act, the ‘‘(5) the applicant will provide for the es- (1) by redesignating subsections (i) and (j), tablishment of a quality management pro- Secretary of Health and Human Services as subsections (j) and (k), respectively; and gram to assess the extent to which medical shall enter into a contract with the Institute (2) by inserting after subsection (h), the services funded under this title that are pro- of Medicine for the conduct of a study con- following: vided to patients are consistent with the cerning the appropriate epidemiological most recent Public Health Service guidelines ‘‘(i) LIMITATION ON ADMINISTRATIVE EX- measures and their relationship to the fi- for the treatment of HIV disease and related PENSES.— nancing and delivery of primary care and opportunistic infections and that improve- ‘‘(1) DETERMINATION BY SECRETARY.—Not health-related support services for low-in- later than 12 months after the date of enact- ments in the access to and quality of medical come, uninsured, and under-insured individ- ment of the Ryan White Care Act Amend- services are addressed.’’. uals with HIV disease. ments of 2000, the Secretary, in consultation SEC. 145. PREFERENCE FOR CERTAIN AREAS. with grantees under this part, shall conduct (b) REQUIREMENTS.— Section 2651 (42 U.S.C. 300ff–51) is amended a review of the administrative, program sup- (1) COMPLETION.—The study under sub- by adding at the end the following: port, and direct service-related activities section (a) shall be completed not later than ‘‘(d) PREFERENCE IN AWARDING GRANTS.—In that are carried out under this part to ensure 21 months after the date on which the con- awarding new grants under this section, the that eligible individuals have access to qual- tract referred to in such subsection is en- Secretary shall give preference to applicants ity, HIV-related health and support services tered into. that will use amounts received under the and research opportunities under this part, (2) ISSUES TO BE CONSIDERED.—The study grant to serve areas that are determined to and to support the provision of such services. conducted under subsection (a) shall con- be rural and underserved for the purposes of ‘‘(2) REQUIREMENTS.— sider— providing health care to individuals infected ‘‘(A) IN GENERAL.—Not later than 180 days (A) the availability and utility of health with HIV or diagnosed with AIDS.’’. after the expiration of the 12-month period outcomes measures and data for HIV pri- SEC. 146. TECHNICAL AMENDMENT. referred to in paragraph (1) the Secretary, in mary care and support services and the ex- Section 2652(a) (42 U.S.C. 300ff-52(a)) is consultation with grantees under this part, tent to which those measures and data could amended— shall determine the relationship between the be used to measure the quality of such fund- (1) striking paragraphs (1) and (2) and in- costs of the activities referred to in para- ed services; serting the following: graph (1) and the access of eligible individ- (B) the effectiveness and efficiency of serv- ‘‘(1) health centers under section 330;’’; and uals to the services and research opportuni- ice delivery (including the quality of serv- (2) by redesignating paragraphs (3) through ties described in such paragraph. ices, health outcomes, and resource use) (6) as paragraphs (2) through (5), respec- ‘‘(B) LIMITATION.—After a final determina- within the context of a changing health care tively. tion under subparagraph (A), the Secretary and therapeutic environment as well as the Subtitle D—Amendments to Part D (General may not make a grant under this part unless changing epidemiology of the epidemic; Provisions) the grantee complies with such requirements (C) existing and needed epidemiological SEC. 151. RESEARCH INVOLVING WOMEN, IN- as may be included in such determination.’’. data and other analytic tools for resource FANTS, CHILDREN, AND YOUTH. SEC. 153. EVALUATIONS AND REPORTS. planning and allocation decisions, specifi- cally for estimating severity of need of a (a) ELIMINATION OF REQUIREMENT TO EN- Section 2674(c) (42 U.S.C. 399ff–74(c)) is community and the relationship to the allo- ROLL SIGNIFICANT NUMBERS OF WOMEN AND amended by striking ‘‘1991 through 1995’’ and cations process; and CHILDREN.—Section 2671(b) (42 U.S.C. 300ff– inserting ‘‘2001 through 2005’’. 71(b)) is amended— (D) other factors determined to be relevant (1) in paragraph (1), by striking subpara- SEC. 154. AUTHORIZATION OF APPROPRIATIONS to assessing an individual’s or community’s FOR GRANTS UNDER PARTS A AND B. graphs (C) and (D); and ability to gain and sustain access to quality (2) by striking paragraphs (3) and (4). Section 2677 (42 U.S.C. 300ff–77) is amended HIV services. (b) INFORMATION AND EDUCATION.—Section to read as follows: (c) REPORT.—Not later than 90 days after 2671(d) (42 U.S.C. 300ff–71(d)) is amended by ‘‘SEC. 2677. AUTHORIZATION OF APPROPRIA- the date on which the study is completed adding at the end the following: TIONS. under subsection (a), the Secretary of Health ‘‘(4) The applicant will provide individuals ‘‘There are authorized to be appropriated— with information and education on opportu- ‘‘(1) such sums as may be necessary to and Human Services shall prepare and sub- nities to participate in HIV/AIDS-related carry out part A for each of the fiscal years mit to the appropriate committees of Con- clinical research.’’. 2001 through 2005; and gress a report describing the manner in (c) QUALITY MANAGEMENT; ADMINISTRATIVE ‘‘(2) such sums as may be necessary to which the conclusions and recommendations EXPENSES CEILING.—Section 2671(f) (42 U.S.C. carry out part B for each of the fiscal years of the Institute of Medicine can be addressed 300ff–71(f)) is amended— 2001 through 2005.’’. and implemented.

VerDate Mar 15 2010 22:45 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00093 Fmt 4624 Sfmt 0634 E:\2000SENATE\S06JN0.REC S06JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4600 CONGRESSIONAL RECORD — SENATE June 6, 2000 ORDERS FOR WEDNESDAY, JUNE 7, OF THE AIR FORCE TO THE GRADE INDICATED UNDER THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TITLE 10, U.S.C., SECTION 12203: IN THE UNITED STATES NAVY TO THE GRADE INDICATED 2000 To be brigadier general WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: Mr. WARNER. Mr. President, I ask COL. BRUCE S. ASAY, 0000 To be vice admiral unanimous consent that when the Sen- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ate completes its business today, it IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- REAR ADM. JOSEPH W. DYER, 0000 CATED UNDER TITLE 10, U.S.C., SECTION 624: stand in recess until 9:30 a.m. on IN THE AIR FORCE To be major general Wednesday, June 7. I further ask unan- THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT BRIG. GEN. PAUL W. ESSEX, 0000 TO THE GRADE INDICATED IN THE RESERVE OF THE AIR imous consent that on Wednesday, im- FORCE UNDER TITLE 10 U.S.C., SECTION 12203: mediately following the prayer, the IN THE ARMY To be colonel Journal of proceedings be approved to THE FOLLOWING ARMY NATIONAL GUARD OF THE UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- CATHERINE T. BACON, 0000 date, the morning hour be deemed ex- SERVE OF THE ARMY TO THE GRADE INDICATED UNDER KARIN G. MURPHY, 0000 TITLE 10, U.S.C., SECTION 12203: pired, and the time for the two leaders IN THE ARMY be reserved for their use later in the To be major general THE FOLLOWING NAMED ARMY NATIONAL GUARD OF day. I further ask unanimous consent BRIG. GEN. WAYNE D. MARTY, 0000 THE UNITED STATES OFFICERS FOR APPOINTMENT TO that the Senate then resume consider- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE GRADE INDICATED IN THE RESERVE OF THE ARMY IN THE UNITED STATES ARMY TO THE GRADE INDICATED UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: ation of S. 2549, the Department of De- WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND fense authorization bill under the pre- RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: To be colonel vious order. To be lieutenant general BRENT M. BOYLES, 0000 EMILE R. DUPERE, 0000 The PRESIDING OFFICER. Without MAJ. GEN. DAN K. MCNEILL, 0000 WILLIAM A. HOSE, 0000 objection, it is so ordered. THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MEADE G. LONG III, 0000 IN THE UNITED STATES ARMY TO THE GRADE INDICATED JACK T. OGLE, 0000 f UNDER TITLE 10, U.S.C., SECTION 624: FRANK J. TODERICO, 0000 To be brigadier general THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT PROGRAM TO THE GRADE INDICATED IN THE UNITED STATES ARMY COL. LLOYD J. AUSTIN III, 0000 AND FOR REGULAR APPOINTMENT IN THE MEDICAL Mr. WARNER. Mr. President, for the COL. VINCENT E. BOLES, 0000 CORPS OR DENTAL CORPS (IDENTIFIED BY AN ASTER- information of all Senators, the Senate COL. GARY L. BORDER, 0000 ISK(*)) UNDER TITLE 10, U.S.C. SECTIONS 624, 531 AND 3064: COL. THOMAS P. BOSTICK, 0000 will convene at 9:30 a.m. tomorrow and COL. HOWARD B. BROMBERG, 0000 To be colonel COL. JAMES A. COGGIN, 0000 resume debate on the Defense author- *ROBERT S. ADAMS, JR, 0000 MC COL. MICHAEL L. COMBEST, 0000 YVONNE M. ANDEJESKI, 0000 MC ization bill. Under the order, there are COL. WILLIAM C. DAVID, 0000 90 minutes of debate remaining on the COL. MARTIN E. DEMPSEY, 0000 VINCENT C. BENTLEY, 0000 MC COL. JOSEPH F. FIL, JR., 0000 BENJAMIN W. BERG, 0000 MC Kerrey amendment and the Warner sec- COL. BENJAMIN C. FREAKLEY, 0000 KENNETH A. BERTRAM, 0000 MC ond-degree amendment, both regarding COL. JOHN D. GARDNER, 0000 MARK D. BRISSETTE, 0000 MC COL. BRIAN I. GEEHAN, 0000 JAMES E. BRUCKART, 0000 MC strategic forces. Following the use or COL. RICHARD V. GERACI, 0000 RALF P. BRUECKNER, 0000 MC yielding back of time, there will be up COL. GARY L. HARRELL, 0000 CHRISHON S. BURT, 0000 DE COL. JANET E. A. HICKS, 0000 JOHN J. BUYER, JR, 0000 DE to 2 hours of debate on the Johnson and COL. JAY W. HOOD, 0000 KEVIN J. CARLIN, 0000 MC Warner amendments regarding COL. KENNETH W. HUNZEKER, 0000 JOHN D. CASLER, 0000 MC COL. CHARLES H. JACOBY, JR., 0000 EDWARD CATHRIGHT, JR, 0000 DE CHAMPUS and TRICARE. If all time is COL. GARY M. JONES, 0000 WILLIAM M. CHAMBERLIN, 0000 MC used, Senators can expect to cast up to COL. JASON K. KAMIYA, 0000 EDWARD R. CHESLA, 0000 DE COL. JAMES A. KELLEY, 0000 *RYO S. CHUN, 0000 MC four votes at approximately 1 p.m. Fur- COL. RICKY LYNCH, 0000 ELIZABETH E. CORRENTI, 0000 MC ther amendments are expected to be of- COL. BERNARDO C. NEGRETE, 0000 MARC G. COTE, 0000 MC COL. PATRICIA L. NILO, 0000 LEMUEL L. COVINGTON, 0000 DE fered and debated throughout the day. COL. F. JOSEPH PRASEK, 0000 TIMOTHY W. CRAIN, 0000 MC Therefore, additional votes could be COL. DAVID C. RALSTON, 0000 STEVEN E. CROSS, 0000 DE COL. DON T. RILEY, 0000 DAVID F. CRUDO, 0000 MC anticipated. COL. DAVID M. RODRIGUEZ, 0000 CHARLENE A. CZUSZAK, 0000 DE COL. DONALD F. SCHENK, 0000 JIMMY R. DANIELS, 0000 DE f COL. STEVEN P. SCHOOK, 0000 RANDY N. DAVIS, 0000 DE COL. GRATTON O. SEALOCK II, 0000 MICHAEL G. DORAN, 0000 DE RECESS UNTIL 9:30 A.M. COL. STEPHEN M. SEAY, 0000 JOSEPH J. DRABICK, 0000 MC TOMORROW COL. JEFFREY A. SORENSON, 0000 STEVEN L. EIKENBERG, 0000 DE COL. GUY C. SWAN III, 0000 DAVID C. ELLIOTT, 0000 MC Mr. WARNER. Mr. President, if there COL. DAVID P. VALCOURT, 0000 ROBERT B. ELLIS, 0000 MC COL. ROBERT M. WILLIAMS, 0000 WILLIAM C. ELTON, 0000 DE is no further business to come before COL. W. MONTAGUE WINFIELD, 0000 WILLIAM S. EVANS, JR, 0000 MC the Senate, I now ask that the Senate COL. RICHARD P. ZAHNER, 0000 *MICHAEL E. FARAN, 0000 MC stand in recess under the previous THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT BRIAN H. FEIGHNER, 0000 MC IN THE UNITED STATES ARMY TO THE GRADE INDICATED TRENT C. FILLER, 0000 DE order. And I personally express my ap- UNDER TITLE 10, U.S.C., SECTION 624: JOSEPH P. FRENO, JR, 0000 DE WILLIAM B. GAMBLE, 0000 MC preciation to the Presiding Officer and To be major general JOHN M. GRIFFIES, 0000 DE others who enabled us to go well into STEVEN R. GRIMES, 0000 MC BRIG. GEN. LAWRENCE R. ADAIR, 0000 the night. JEFFREY L. HAIUM, 0000 DE BRIG. GEN. BUFORD C. BLOUNT III, 0000 KEVIN L. HALL, 0000 MC There being no objection, the Senate, BRIG. GEN. STEVEN W. BOUTELLE, 0000 DAVID K. HAYES, 0000 MC at 8:04 p.m., recessed until Wednesday, BRIG. GEN. JAMES D. BRYAN, 0000 RICHARD D. HEEKIN, 0000 MC BRIG. GEN. EDDIE CAIN, 0000 DAVID R. HILL, 0000 DE June 7, 2000, at 9:30 a.m. BRIG. GEN. JOHN P. CAVANAUGH, 0000 STEVEN D. HOKETT, 0000 DE BRIG. GEN. BANTZ J. CRADDOCK, 0000 *ISMAIL JATOI, 0000 MC f BRIG. GEN. KEITH W. DAYTON, 0000 JOHN A. JOHNSON, 0000 MC BRIG. GEN. KATHRYN G. FROST, 0000 DAVID L. JONES, 0000 MC NOMINATIONS BRIG. GEN. LARRY D. GOTTARDI, 0000 THOMAS A. JORDAN, 0000 DE BRIG. GEN. NICHOLAS P. GRANT, 0000 DANIEL S. JORGENSON, 0000 MC Executive nominations received by BRIG. GEN. STANLEY E. GREEN, 0000 RICHARD W. KRAMP, 0000 MC the Senate June 6, 2000: BRIG. GEN. CRAIG D. HACKETT, 0000 MARGOT R. KRAUSS, 0000 MC BRIG. GEN. FRANKLIN L. HAGENBECK, 0000 *STEVEN G. LANG, 0000 MC THE JUDICIARY BRIG. GEN. HUBERT L. HARTSELL, 0000 STEVEN B. LARSON, 0000 MC BRIG. GEN. GEORGE A. HIGGINS, 0000 JAMES G. MADISON, III, 0000 DE K. GARY SEBELIUS, OF KANSAS, TO BE UNITED STATES BRIG. GEN. WILLIAM J. LESZCZYNSKI, 0000 JAMES R. MALCOLM, 0000 MC DISTRICT JUDGE FOR THE DISTRICT OF KANSAS, VICE G. BRIG. GEN. MICHAEL D. MAPLES, 0000 DAVID W. MARTIN, 0000 MC THOMAS VAN BEBBER, RETIRING. BRIG. GEN. THOMAS F. METZ, 0000 ROBERT R. MARTIN, 0000 MC KENNETH O. SIMON, OF ALABAMA, TO BE UNITED BRIG. GEN. DANIEL G. MONGEON, 0000 MARK E. MCCLARY, 0000 DE STATES DISTRICT JUDGE FOR THE NORTHERN DISTRICT BRIG. GEN. WILLIAM E. MORTENSEN, 0000 GEORGE B. MC CLURE, 0000 MC OF ALABAMA VICE SAM C. POINTER, JR., RETIRED. BRIG. GEN. ERIC T. OLSON, 0000 PETER L. MC EVOY, 0000 MC JOHN E. STEELE, OF FLORIDA, TO BE UNITED STATES BRIG. GEN. RICHARD J. QUIRK III, 0000 GEORGE W. MC MILLIAN, 0000 DE DISTRICT JUDGE FOR THE MIDDLE DISTRICT OF FLOR- BRIG. GEN. RICARDO S. SANCHEZ, 0000 DALIA R. MERCEDBRUNO, 0000 MC IDA VICE A NEW POSITION CREATED BY PUBLIC LAW 106– BRIG. GEN. GARY D. SPEER, 0000 GORDON B. MILLER, JR, 0000 MC 113, APPROVED NOVEMBER 29, 1999. BRIG. GEN. MITCHELL H. STEVENSON, 0000 JULIA A. MORGAN, 0000 MC BRIG. GEN. CHARLES H. SWANNACK, JR., 0000 DEPARTMENT OF THE TREASURY DAVID D. MUKAI, 0000 MC BRIG. GEN. TERRY L. TUCKER, 0000 CRIS P. MYERS, 0000 MC LISA GAYLE ROSS, OF THE DISTRICT OF COLUMBIA, TO BRIG. GEN. JOHN R. WOOD, 0000 STEVEN A. OLDER, 0000 MC BE AN ASSISTANT SECRETARY OF THE TREASURY, VICE IN THE NAVY DAVID T. ORMAN, 0000 MC NANCY KILLEFER, RESIGNED. VERNON C. PARMLEY, 0000 MC LISA GAYLE ROSS, OF THE DISTRICT OF COLUMBIA, TO THE FOLLOWING NAMED OFFICER FOR APPOINTMENT PHILLIP H. PATRIDGE, 0000 DE BE CHIEF FINANCIAL OFFICER, DEPARTMENT OF THE IN THE UNITED STATES NAVY TO THE GRADE INDICATED ALAN D. PEARSON, 0000 MC TREASURY, VICE NANCY KILLEFER, RESIGNED. WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND RUSSELL C. PECK, 0000 DE RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: IN THE AIR FORCE PATRICIA A. POWERS, 0000 MC To be vice admiral JON A. PROCTOR, 0000 MC THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED THOMAS J. REID III, 0000 MC STATES OFFICER FOR APPOINTMENT IN THE RESERVE VICE ADM. WALTER F. DORAN, 0000 PAUL C. REYNOLDS, 0000 MC

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THOMAS A. ROZANSKI, 0000 MC *PATRICK W. GRADY, 0000 MS PAUL M. SANDER, 0000 MS ARTHUR C. SCOTT, 0000 DE *LILLIAN GREEN, 0000 AN *JOHN G. SANDERS, 0000 MS ROBERT L. SHEFFLER, 0000 MC *EVERETT W. GREGORY, JR., 0000 MS *MARTA E. SANDERS, 0000 AN KARL C. STAJDUHAR, 0000 MC *SARAH L. HALE, 0000 VC *MICHAEL R. SARDELIS, 0000 MS WELLINGTON SUN, 0000 MC *CAROL F. HALLE, 0000 AN *SARAH W. SAUER, 0000 AN GEOFFREY A. THOMPSON, 0000 DE *LAWRENCE W. HALLSTROM, 0000 MS *JOHN M. SCHWARZ, 0000 SP *MICHAEL B. TIERNEY, 0000 MC *JAMES P. HANLON, 0000 MS *CELESTINE A. SECTION, 0000 AN ROBERT A. TONEY, 0000 DE *LARRY G. HARRIS, 0000 SP *DAVID W. SEIFFERT, 0000 AN GEORGE C. TSOKOS, 0000 MC *MENDALOSE O. HARRIS, 0000 AN *TERRY L. SHIER, 0000 AN DEAN S. UYENO, 0000 DE *MICHAEL L. HARRIS, 0000 AN *ANNE M. SILVASY, 0000 AN DAVID W. VAUGHN, 0000 MC *LORI D. HENNESSY, 0000 SP *AMELIA M. SMITH, 0000 AN DOUGLAS N. WADE, 0000 DE *JEFFREY S. HILLARD, 0000 MS *ANDREW J. SMITH, 0000 MS VAN E. WAHLGREN, 0000 MC *LARRY W. HOFF, 0000 SP *PHILIP L. SMITH, 0000 MS PAUL G. WELCH, 0000 MC *SUSAN M. HOLLIDAY, 0000 AN *ZACHARY D. SMITH, 0000 MS *SHARON A. WEST, 0000 MC *REBECCA K. HOLT, 0000 VC *LISA M. SNYDER, 0000 AN THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT *RICHARD W. HOYT, JR., 0000 MS *SHAUNA L. SNYDER, 0000 MS TO THE GRADE INDICATED IN THE UNITED STATES ARMY *VERA L. HUDGENS, 0000 MS *JAMES W. SOUTH, 0000 SP AND FOR REGULAR APPOINTMENT IN THE MEDICAL *JENNIFER L. HUMPHRIES, 0000 MS *DAVID M. SPERO, 0000 MS *JOHN E. HURLEY III, 0000 SP SERVICE CORPS (MS), MEDICAL SPECIALIST CORPS (SP), *SARA J. SPIELMANN, 0000 SP *JOSELITO S. IGNACIO, 0000 MS VETERINARY CORPS (VC) AND NURSE CORPS (AN) (IDEN- *MARGARET M. STUBNER, 0000 AN *PATRICK M. JENKINS, 0000 AN TIFIED BY AN ASTERISK(*)) UNDER TITLE 10, U.S.C., SEC- *SHANNON A. STUTLER, 0000 VC *LOUISE D. JOHNSON, 0000 AN TIONS 624, 531, AND 3064: *MARIA B. SUMMERS, 0000 AN *JEAN M. JONES, 0000 AN *SANDRA L. 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HENRY B. COHEN, 0000 MC SCOTT E. KINKADE, 0000 MC MARK L. SIMMONS, 0000 MC TAMMY L. COLES, 0000 MC ELIZABETH T. KINZIE, 0000 MC CLAYTON D. SIMON, 0000 MC JOHN R. COLLINGHAM, 0000 MC HOMER E. KIRBY III, 0000 MC DARRELL E. SINGER, 0000 MC JOHN J. COMBS, 0000 MC PETER F. KIRKHAM, 0000 MC ATUL SINGH, 0000 MC AMY B. CONNORS, 0000 MC CHRISTOPHER KLEM, 0000 MC ROBERT D. SKALA, 0000 MC ELLIS O. COOPER III, 0000 MC JOHN E. KOBERT, 0000 MC JOHN F. SLOBODA, 0000 MC GEORGE L. COPPIT III, 0000 MC STACEY G. KOFF, 0000 MC MICHAEL E. SMITH, 0000 MC MARCO A. CORCHADOBARRETO, 0000 MC SEAN C. KOSKINEN, 0000 MC IDA M. SMLOPEZ, 0000 MC CORINNE F. COYNER, 0000 MC CHRISTINE M. KOVAC, 0000 MC ELIZABETH A. SNYDER, 0000 MC DONALD M. CRAWFORD, 0000 MC DANIEL L. KRASHIN, 0000 MC PRISCILLA SONGSANAND, 0000 MC SCOTT M. CROLL, 0000 MC MARY V. KRUEGER, 0000 MC BRIAN J. SONKA, 0000 MC PEDRO J. CRUZTORRES, 0000 MC GEORGE M. KYLE, 0000 MC DALE A. SPENCER, 0000 MC JUAN E. CUEBAS, 0000 MC JAVIER E. LAGUNARAMOS, 0000 MC PHILIP C. SPINELLA, 0000 MC GEORGE H. CUMMINGS, JR., 0000 MC NEIL J. LAHURD, JR., 0000 MC JAMES J. STEIN, 0000 MC TIMOTHY M. CUPERO, 0000 MC DZUNG V. LE, 0000 MC CHARLES A. STILLMAN, 0000 MC DONA C. DAHL, 0000 MC TIMOTHY C. LEE, 0000 MC JON D. STINEMAN, 0000 DE ERIK A. DAHL, 0000 MC RICHARD T. LEI, 0000 DE ROBERT L. STONE, 0000 DE JULIET M. DANIEL, 0000 MC COLLEEN M. LENNARD, 0000 MC AMY L. STRAIN, 0000 MC RUSSELL A. DAVIDSON, 0000 MC JACK E. LEWI, 0000 MC GEORGE M. STRICKLAND, 0000 MC SHELTON A. DAVIS, 0000 MC TO S. LI, 0000 MC WILLIAM A. STRICKLING, 0000 MC DOUGLAS A. DEGLER, 0000 MC ANTHONY C. LITTRELL, 0000 MC PETER J. STULL, 0000 MC MICHAEL J. DELGADO, 0000 DE JOHN D. LIVERINGHOUSE, 0000 MC PREM S. SUBRAMANIAN, 0000 MC PAULA M. DENNERLEIN, 0000 MC JOHN J. LLOYD, 0000 MC HELEN M. SUNG, 0000 MC JUDITH K. DENTON, 0000 MC CELESTE M. LOMBARDI, 0000 MC STEVEN J. SVOBODA, 0000 MC TROY M. DENUNZIO, 0000 MC MALCOLM C. MACLAREN, 0000 MC ROBERT D. SWIFT, 0000 MC JOHN P. 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UITHOL, 0000 MC JAY C. ERICKSON, 0000 MC HOUDE L. MC GRAIL, 0000 MC KAREN C. EVANS, 0000 MC PAUL A. MC GRIFF, 0000 DE MARISOL VEGADERUCK, 0000 MC ANDRE FALLOT, 0000 MC MARK K. MC PHERSON, 0000 MC RICARDO J. VENDRELL, 0000 DE JOHN W. FAUGHT, 0000 MC MARLA R. MELENDEZ, 0000 MC ADA M. VENTURA, 0000 MC FREDERICK A. FENDERSON, 0000 DE RENE F. MELENDEZ, 0000 MC DAVID M. WALLACE, 0000 MC TOMAS M. FERGUSON, 0000 MC JULIE A. MESSNER, 0000 MC PAULA M. WALLACE, 0000 MC DOUGLAS S. FILES, 0000 MC MELLISSA A. MEYER, 0000 MC MICHAEL J. WALTS, 0000 MC ROGER K. FINCHER, 0000 MC MICHAEL S. MEYER, 0000 MC ANDREW J. WARGO, 0000 DE LOUIS N. FINELLI, 0000 MC ROBERT L. MILLER, 0000 MC KURT R. WASHBURN, 0000 MC WALTER A. FINK, JR., 0000 MC TIMOTHY P. MONAHAN, 0000 MC BRUCE K. WEATHERS, 0000 MC ERIC J. FISHER, 0000 MC JAIME L. MONTILLASOLER, 0000 MC CHARLES W. WEBB, 0000 MC THOMAS R. FITZSIMMONS, 0000 MC KEVIN E. MOORE, 0000 MC HEIDI L. WEBSTER, 0000 MC CHRISTIAN M. FLYNN, 0000 MC ROBERT W. 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WILSON, 0000 MC THEODORE E. GLYNN, 0000 MC RICARDO C. ONG, 0000 MC JOSHUA B. WINSLOW, 0000 MC BENJAMIN S. GONZALEZ, 0000 MC JOSEPH R. ORCHOWSKI, 0000 MC JEFFREY L. WOLFF, 0000 MC CHARLES M. GOODEN, 0000 MC MICHAEL S. OSHIKI, 0000 MC RONALD N. WOOL, 0000 MC KIM E. GOODSELL, 0000 MC NEIL E. PAGE, 0000 MC GAIL A. WOOLHISER, 0000 DE CHRISTOPHER G. GORING, 0000 MC DOUGLAS W. PAHL, 0000 MC EYAKO K. WURAPA, 0000 MC ANDREW C. GORSKE, 0000 MC ANDREW D. PALALAY, 0000 DE GUO Z. YAO, 0000 MC LEONARD J. GRADO, 0000 MC DONG S. PARK, 0000 DE KEN YEW, 0000 MC JAMES D. GRADY, 0000 MC KIP K. PARK, 0000 MC SOPHIA L. YOHE, 0000 MC STEVE A. GRANADA, 0000 MC SARA J. PASTOOR, 0000 MC DANIEL J. YOST, 0000 MC BARRY L. GREEN, 0000 MC KIMBERLEY L. PERKINS, 0000 DE ROBERT J. ZABEL, 0000 MC MARK E. GREEN, 0000 MC JAMES L. PERSSON, 0000 MC TIMOTHY J. ZEIEN II, 0000 MC SCOTT D. GREENWALD, 0000 MC ANDREW C. PETERSON, 0000 MC IN THE MARINE CORPS MELANIE L. GUERRERO, 0000 MC CECILY K. PETERSON, 0000 MC KATHRYN A. 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CAVANAUGH, 0000 HOWARD R. HOLBROOKS, 0000 MC RAYMOND P. RADANOVICH, 0000 MC MICHAEL G. CHESTON, 0000 MICHAEL G. HOLMAN, 0000 MC ALVARADO O. RAMOS, 0000 MC JAMES J. COGHLAN, 0000 PHILLIP S. HOLMES, 0000 MC MITCHELL J. RAMSEY, 0000 MC TERENCE M. COUGHLIN, 0000 KURTIS R. HOLT, 0000 MC JOHN C. RAYFIELD, 0000 MC WILLARD D. CRAGG, 0000 ANTHONY L. HORALEK, 0000 DE SCOTT T. REHRIG, 0000 MC RICK D. CRAIG, 0000 EDWARD E. HORVATH, 0000 MC ERIC C. RICE, 0000 MC JOHN M. CROLEY, 0000 MICHAEL D. HUBER, 0000 MC DAVID E. RISTEDT, 0000 MC JAMES E. DEOTTE, 0000 ROBERT W. HUNTER, 0000 MC SCOTTIE B. ROOFE, 0000 MC THOMAS E. DEOTZER, 0000 FAHEEM HUSSAIN, 0000 MC RICHARD C. ROONEY, 0000 MC CHRISTOPHER E. DOUGHERTY, 0000 JAE I. HWANG, 0000 DE ANTONIO A. ROSA, 0000 MC JEFFREY J. DOUGLASS, 0000 MARK R. JACKSON, 0000 MC MICHAEL K. ROSNER, 0000 MC STEPHEN S. EVANS, 0000 AARON L. JACOB, 0000 MC MICHAEL C. ROYER, 0000 MC WENDELL S. FINCH, 0000 JEFFREY A. JACOBY, 0000 MC RICHARD J. SAAD, 0000 MC REGINALD J. GHIDEN, 0000 RICHARD K. JANSEN, 0000 MC ROBERTO J. SARTORI, 0000 MC FRANK R. GUNTER, 0000 DEREK K. JOHNSON, 0000 MC STEPHEN L. SCHMIDT, 0000 MC DONALD E. HANCOCK, 0000 JEFFREY A. JOHNSON, 0000 MC BRETT J. SCHNEIDER, 0000 MC LAWRENCE E. HOLST, 0000 PATRICIA P. JONAS, 0000 MC STEPHANIE L. SCHULTZ, 0000 MC CHARLES A. JONES, 0000 BRIAN P. JONES, 0000 MC WILLIAM D. SCHULTZ, 0000 DE JOSEPH R. KENNEDY, 0000 HEKYUNG L. JUNG, 0000 DE GEORGE R. SCOTT, 0000 MC BRADLEY C. LAPISKA, 0000 JENNIFER S. JURGENS, 0000 MC STEPHEN R. SEARS, 0000 MC DAVID M. LARSEN, 0000 SHAWN F. KANE, 0000 MC JAMES A. SEBESTA, 0000 MC JOSEPH W. LYDON III, 0000 DEAN E. KARAS, 0000 MC MARK D. SHALAUTA, 0000 MC THOMAS E. MANION, 0000 SANJIV M. KAUL, 0000 MC ELIZABETH C. SHANLEY, 0000 MC DAN R. MATER, 0000 SEAN KEENAN, 0000 MC SCOTT B. SHAWEN, 0000 MC SAMUEL D. MCVEY, 0000 STEVEN M. KENT, 0000 MC RACHELLE E. SHERER, 0000 MC MARK E. MEDVETZ, 0000 LLOYD H. KETCHUM, 0000 MC LARRY J. SHRANATAN, 0000 MC ROBERT L. MILLER, 0000 JESSICA H. KIM, 0000 MC DEVEN SHROFF, 0000 DE TRACY L. MORK, 0000 RICHARD J. KING, 0000 MC GRADY V. SHUE, JR., 0000 MC SCOTT S. OLSEN, 0000

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WILLIAM C. PALMER, 0000 ANDREW J. CRICHTON, 0000 ERIC J. KNOWLTON, 0000 CHARLES H. PANGBURN III, 0000 MITCHELL A. CRIGER, 0000 MELANIE A. KORTH, 0000 KEITH J. PAVLISCHEK, 0000 AARON M. CUNNINGHAM, 0000 DANIEL R. KREIDER, 0000 ROY A. PEARSON, 0000 WILLIAM H. CUPPLES, 0000 KENT L. KROEKER, 0000 LLOYD L. PORTERFIELD II, 0000 MATTHEW T. CURRIN, 0000 KEVIN J. KRONOVETER, 0000 ELARIO SEVERO, 0000 WARREN J. CURRY, 0000 KARL H. KUGA, 0000 BENSON M. STEIN, 0000 KEVIN J. DALY, 0000 JOHN P. LAGANA, JR., 0000 SCOTT B. STOKES, 0000 CHARLES E. DANIEL, 0000 CHARLES B. LAKEY, 0000 BRIAN P. TURCOTT, 0000 VALERIE C. DANYLUK, 0000 GEORGE LAMBERT, 0000 STEVEN B. VITALI, 0000 KEITH C. DARBY II, 0000 MARK C. LARSEN, 0000 CARL L. WALKER, 0000 JAMES M. DAVENPORT, 0000 RONAN J. LASSO II, 0000 CRAIG L. WALLEN, 0000 DOMINIC J. DEFAZIO, 0000 CHRISTIAN J. LEEUW, 0000 DAVID T. WILLIAMS, 0000 CHRISTOPHER F. DELONG, 0000 BRIAN R. LEWIS, 0000 WILLIAM F. WILLIAMS III, 0000 CHARLES R. DEZAFRA III, 0000 GLENN E. LIGHT, 0000 MARC A. WORKMAN, 0000 DANIEL J. DIMICCO, 0000 GLEN P. LINDSTROM, 0000 THE FOLLOWING NAMED OFFICERS IN THE UNITED MARK D. DISS, 0000 DANIEL R. LINGMAN, 0000 STATES MARINE CORPS FOR REGULAR APPOINTMENT ARTHUR A. DIXON, 0000 BRIAN L. LIPIEC, 0000 UNDER TITLE 10, U.S.C. SECTION 531: SIMON M. DORAN, 0000 GARY J. LOBERG, 0000 KEVIN M. DOWLING, 0000 DAVID W. LOCKNER, 0000 To be major DARREN E. DOYLE, 0000 JOHN P. LONGSHORE, 0000 MARK D. DUFFER, 0000 ERIK C. LOQUIST, 0000 TRAY J. ARDESE, 0000 GREGORY S. DUFLO, 0000 JOHN J. LUZAR, 0000 JAVIER J. BALL, 0000 JAN R. DURHAM, 0000 WILLIAM R. LYNCH, 0000 BRIAN T. BALLARD, 0000 CURTIS V. EBITZ, JR., 0000 VICTOR I. MADUKA, 0000 LLOYD E. BONZO II, 0000 LARRY R. ECK, 0000 STEPHANIE L. MALMANGER, 0000 ROBERT D. DASCH, JR., 0000 EDDIE J. EDMONDSON, JR., 0000 EUGENE A. MAMAJEK, JR., 0000 ROBERTO J. GOMEZ, 0000 GEORGES T. EGLI, 0000 MICHAEL P. MANDEL, 0000 BRIAN J. KAPPLE, 0000 PETER J. EPTON, 0000 KIRK E. MARSTON, 0000 MICHAEL F. KENNY, 0000 TIMOTHY R. ETHERTON, 0000 ROBERT E. MARTIN, 0000 DOUGLAS C. KLEMM, 0000 JAKE J. FALCONE, 0000 VINCE R. MARTINEZ, 0000 DOUGLAS J. KUMBALEK, 0000 GREG A. FEROLDI, 0000 DEMETRIUS F. MAXEY, 0000 JOHN A. MULLIN, 0000 JOHN M. FIELD, 0000 MATTHEW M. MAZURKIWECZ, 0000 JOHN J. NEYLON, 0000 MICHAEL J. FITZGERALD, 0000 BENJAMIN W. MC CAFFERY, 0000 SEAN P. ODOHERTY, 0000 DARREN C. FLEMING, 0000 FRANK L. MCCLINTICK, 0000 BENJAMIN J. PATRICK, 0000 CRAIG R. FLUENT, 0000 MATTHEW G. MCCLYMONDS, 0000 DAVID R. PRISLIN, 0000 GORDON W. FORD, 0000 MICHAEL T. MCCOMAS, 0000 TRAVIS M. PROVOST, 0000 LEON J. FRANCIS, 0000 JAMES F. MCCOY, JR., 0000 THOMAS P. SAMMEL, 0000 PHILIP H. FRAZETTA, 0000 DONALD B. MCDANIEL, 0000 THOMAS P. SIMON, 0000 FRANK I. FRITTMAN, 0000 RYAN F. MCDONALD, 0000 DAVID N. VANDIVORT, 0000 ALEX K. FULFORD, 0000 ERIK P. MCDOWELL, 0000 GROVER L. WRIGHT, JR., 0000 KELVIN W. GALLMAN, 0000 ROGER T. MCDUFFIE, 0000 To be captain ANTHONY E. GALVIN, 0000 MICHAEL R. MCGAHEE, 0000 MATTHEW C. GANLEY, 0000 WILLIAM H. MCHENRY II, 0000 CHARLES C. ABERCROMBIE III, 0000 SEAN B. GARICK, 0000 DANIEL J. MCMICHAEL, 0000 ALLEN D. AGRA, 0000 SANDY J. GASPER, 0000 JOHN L. MEDEIROS, JR., 0000 RICHARD G. ALLISON, JR., 0000 DANA A. GEMMINGEN, 0000 JOSE R. MEDINA, 0000 ALAN B. ALTOM, 0000 ADAM C. GERBER, 0000 JAMES E. MEEK, 0000 KARL R. ARBOGAST, 0000 HIETH D. GIBLER, 0000 DOWAL E. MEGGS, JR., 0000 BRIAN E. ARGUS, 0000 EDMUND L. GIBSON, JR., 0000 CHARLES C. MERKEL, 0000 RICHARD J. ARMSTRONG, 0000 GEOFFREY S. GILLILAND, 0000 JONATHAN E. MICHAELS, 0000 JAY T. AUBIN, 0000 ERIC A. GILLIS, 0000 MICHAEL W. MIDDLETON, 0000 ANDREW J. AYLWARD, 0000 THOMAS R. GLUECK, JR., 0000 JAMES R. MILLER, 0000 SPENCER W. BAILEY, 0000 HOWARD L. GORDON III, 0000 TIMOTHY P. MILLER, 0000 ROBBIE J. BAKER, 0000 PAUL A. GOSDEN, 0000 TERRY S. MILNER, 0000 WILLIAM T. BAKER, 0000 EDWARD C. GREELEY, 0000 THOMAS P. MITALSKI, 0000 ANTHONY J. BANGO, 0000 DARRY W. GROSSNICKLE, 0000 ANDREW W. MOLITOR, 0000 TIMOTHY J. BARBA, 0000 SHAWN D. HANEY, 0000 MICHAEL J. MOONEY, 0000 DENNIS C. BARD, 0000 JEFFREY C. HANIFORD, 0000 MARTY A. MOORE, 0000 WADE E. BARKER, 0000 DOUGLAS J. HANLEY, JR., 0000 SAMUEL K. MOORE, 0000 DONALD A. BARNETT, 0000 ANTHONY A. HARDINA, 0000 ROBERT S. MORGAN, 0000 CHRISTOPHER B. BATTS, 0000 ELIAS B. HARMAN, 0000 KAREN L. MORRISROE, 0000 GEORGE B. BEACH, 0000 AVONZO L. HARRISON, 0000 JAMES D. MOSELEY, 0000 SCOTT R. BEESON, 0000 GARY C. HARRISON, JR., 0000 CHARLES J. MOSES, 0000 ARTHUR R. BEHNKE, JR., 0000 GARY D. HARRISON, 0000 MICHAEL M. MOTLEY, 0000 MARCOS E. BERTAMINI, 0000 CHRISTIAN D. HARSHBERGER, 0000 ANDREW D. MUHS, 0000 WAYNE R. BEYER, JR., 0000 BRETT A. HART, 0000 MICHAEL B. MULLINS, 0000 BRIAN T. BILSKI, 0000 KEVIN M. HEARTWELL, 0000 BRENDAN S. MULVANEY, 0000 CAROLYN D. BIRD, 0000 CARL C. HENGER, 0000 ANDREW J. MUNRO, 0000 ETHAN C. BISHOP, 0000 VINCENT B. HEPPNER, 0000 JAMES A. MURPHY, 0000 KEITH R. BLAKELY, 0000 KISHA M. HILL, 0000 JOHN C. MURRAY, 0000 PATRICK R. BLANCHARD, 0000 ERIC HIMLER, 0000 MICAH T. MYERS, 0000 DERRICK J. BLOCK, 0000 MICHAEL R. HODSON, 0000 STEVEN K. NELSON, 0000 CHARLES E. BODWELL, 0000 CHRISTOPHER J. HOFSTETTER, 0000 KEVIN R. NETHERTON, 0000 RICHARD A. BOGIN, 0000 MITCHELL L. HOINES, 0000 CHRISTOPHER J. NOEL, 0000 DAVID M. BOLAND, 0000 TODD L. HOLDER, 0000 BERNARD J. NOWNES II, 0000 HERBERT C. BOLLINGER, JR., 0000 SEANAN R. HOLLAND, 0000 THOMAS F. OATES, 0000 JACK G. BOLTON, 0000 THOMAS M. HOLLEY, 0000 SEAN M. OBRIEN, 0000 CHRISTOPHER J. BONIFACE, 0000 EVAN N. HOLT, 0000 THOR C. O CONNELL, 0000 MARK A. BOSLEY, 0000 CHARLES B. HOTCHKISS III, 0000 THOMAS P. O LAUGHLIN, 0000 ENRIQUE BOUGEOIS III, 0000 CHARLES T. HUNT, 0000 CHRISTOPHER H. OLIVER, 0000 JOHN S. BOYCE, 0000 SEAN M. HURLEY, 0000 ERIC R. OLSON, 0000 WILLIAM BOZEMAN, JR., 0000 ADAM E. HYAMS, 0000 MICHAEL J. O NEIL, 0000 DAVID R. BRAMAN, 0000 SCOTT D. HYDE, 0000 NEIL J. OWENS, 0000 JAMES H. BRIDGMAN, 0000 ROBBI L. HYLAND, 0000 RAMON A. OZAMBELA, 0000 ANDRE L. BROOKS, 0000 DANIEL M. IVANOVIC, 0000 STEVEN J. PACHECO, 0000 BRONCHAE M. BROWN, 0000 LEONARDO M. JAIME, 0000 KEVIN L. PAETZOLD, 0000 JASON P. BROWN, 0000 PETER J. JANOW, 0000 GEORGE E. PAPPAS, 0000 LARRY G. BROWN, 0000 EDWARD L. JEEP, 0000 RICHARD A. PARADISE, 0000 DOUGLAS J. BRUNE, 0000 DARRYL L. JELINEK, 0000 SEAN P. PATAK, 0000 MICHAEL R. BRUNNSCHWEILER, 0000 ERIC J. JESSEN, 0000 JEFFERY S. PAULL, 0000 MICHAEL D. BRYAN, 0000 MICHAEL S. JOHNSON, 0000 JEFFREY M. PAVELKO, 0000 JEROME BRYANT, 0000 CHERISH M. JOOSTBERNS, 0000 CORNELL A. PAYNE, 0000 ROBERT F. BUDA III, 0000 MICHAEL A. JUENGER, 0000 JABARI A. PAYNE, 0000 KEVIN C. BURTON, 0000 JASON W. JULIAN, 0000 DANIEL K. PENCE, 0000 ANDREW J. BUTLER, 0000 JEREMY N. JUNGREIS, 0000 CHRISTOPHER R. PERRY, 0000 GEORGE CADWALADER, JR., 0000 STEPHEN P. KAHN, 0000 GEOFFREY S. PETERS, 0000 BRIAN C. CALLAGY, 0000 MICHAEL P. KANE, 0000 ROBERT W. PETERS III, 0000 MATTHEW D. CALLAN, 0000 SEKOU S. KAREGA, 0000 ERIC J. PETERSON, 0000 FRANK R. CAMPBELL, 0000 JOHN D. KAUFFMAN, 0000 JOHN D. PETERSON, 0000 THOMAS H. CAMPBELL III, 0000 PATRICK T. KAUFMANN, 0000 DAVID H. PETTERSSON, 0000 CHAD M. CASEY, 0000 GERALD W. KEARNEY, JR., 0000 MATTHEW H. PHARES, 0000 WILLIAM J. CASLER, JR., 0000 JASON T. KEEFER, 0000 BLANDON N. PICL, 0000 DAVID M. CAVANAUGH, 0000 AARON P. KEENAN, 0000 SCOTT E. PIERCE, 0000 GREGORY L. CHANEY, 0000 JAMES A. KEISLER, 0000 DONNA L. PLEMONS, 0000 FRANCIS K. CHAWK III, 0000 KEVIN B. KELLIHER, 0000 GREGORY T. POLAND, 0000 VICTOR A. CHIN, 0000 JOHN J. KELLY, JR., 0000 TRAVIS L. POWERS, 0000 ALVIN S. CHURCH, 0000 NICOLE A. KELSEY, 0000 TIMOTHY R. POWLEDGE, 0000 DONALD J. CICOTTE, 0000 LYLE R. KENDOLL, 0000 TODD E. PRESCOTT, 0000 THOMAS G. CITRANO, 0000 JEFFREY R. KENNEY, 0000 SCOTT T. PROFFITT, 0000 PATRICK D. CLEMENTS, 0000 JOHN C. KETCHERSIDE, 0000 JAMES M. QUIRK, 0000 DANIEL H. COLEMAN, 0000 JOHN F. KIDD, 0000 EDWARD J. RAPISARDA, 0000 RAFFORD M. COLEMAN, 0000 MICHAEL B. KIDD, 0000 ARCH RATLIFF III, 0000 CHAD R. CONNER, 0000 KEITH P. KINCANNON, 0000 RICHARD R. RAY, JR., 0000 SCOTT M. CONWAY, 0000 DAVID B. KIRK, 0000 MICHAEL T. RECCE, 0000 DAVID M. COOPERMAN, 0000 ANDREW S. KLEVEN, 0000 JOSEPH D. REEDY III, 0000 MARK S. COPPESS, 0000 RICHARD A. KLUNK, 0000 JACKSON L. REESE, 0000 KEVIN S. CORTES, 0000 ANTHONY G. KNIGHT, 0000 BRENT C. REIFFER, 0000

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JOHN REPS, 0000 MIGUEL A. AYALA, 0000 CHARLES M. HARRIS, 0000 ROBERT E. RHODE III, 0000 MICHAEL J. BABILOT, 0000 ROBERT C. HAWKINS, 0000 ANDREW M. RICE, 0000 RACHEL E. BARNEY, 0000 BRENDAN G. HEATHERMAN, 0000 THOMAS W. RICHTER, 0000 KENNETH C. BARR, 0000 MICHAEL E. HERNANDEZ, 0000 BRIAN T. RIDEOUT, 0000 FRANCIS A. BARTH III, 0000 LARRY J. HERRING, 0000 DEAN R. RIDGWAY, 0000 KENNETH W. BATTAGLIA, 0000 RALPH HERSHFELT III, 0000 ROBERT J. RITCHIE, 0000 CHRISTOPHER D. BEASLEY, 0000 CHERRONE A. HESTER, 0000 PATRICK B. RIVERA, 0000 STEPHANI M. BECK, 0000 MICHAEL D. HICKS, 0000 WILFRED RIVERA, 0000 BRIAN M. BELL, 0000 DALE A. HIGHBERGER, 0000 MELINDA L. RIZER, 0000 THEODORE C. BETHEA II, 0000 GARY E. HILL, 0000 CHESTER ROACH, 0000 BRENT W. BLAND, 0000 WILLIAM D. HILL, 0000 ANTHONY J. ROBINSON, 0000 ALDRICK C. BLUNT, 0000 CRAIG P. HIMEL, 0000 CHRISTOPHER C. ROBINSON, 0000 ROBERT J. BODISCH, JR., 0000 THOMAS A. HODGE, 0000 STEVEN ROBINSON, 0000 JAMES A. BOERIGTER, 0000 VALERIE L. HODGSON, 0000 MICHAEL E. RODGERS, 0000 KENNETH P. BOHO, 0000 LUKE T. HOLIAN, 0000 FRANCISCO J. RODRIGUEZ, 0000 MEREDITH M. BOOKER, 0000 ALFRED C. HOLLIMON, 0000 CHRISTOPHER W. ROE, 0000 GARY A. BOURLAND, 0000 TERRELL D. HOOD, 0000 DALE S. ROLEN, 0000 LIA B. BOWLER, 0000 ARTHUR C. HOUGHTBY II, 0000 NICHOLAS ROSADO, 0000 KEVIN J. BOYCE, 0000 JEFFREY S. HOUSTON, 0000 DANIEL N. RUBEL, JR., 0000 BRADLY L. BOYD, 0000 DAVID K. HUNT, 0000 HAROLD J. RUDDY, 0000 JOHN M. BRADBURY, 0000 ROBERT M. HUTTO, 0000 MICHAEL P. RUFFING, 0000 JASON L. BRADFORD, 0000 CHRISTOPHER J. IAZZETTA, 0000 BRIAN R. RUSH, 0000 FRANK J. BROGNA III, 0000 FRANCINE M. IPPOLITO, 0000 BRIAN J. RUTHERFORD, 0000 RAY E. BROOKS, 0000 STEVEN M. JACKSON, 0000 EDWARD M. SAGER III, 0000 GREGORY L. BROWN, 0000 RESHANDA L. JENNINGS, 0000 NORMA SALAS, 0000 MICHAEL D. BROYAN, 0000 GEORGE W. JOHNSON, 0000 ALVIN L. BRYANT, JR., 0000 DERRICK L. JONES, 0000 PHILLIP D. SANCHEZ, 0000 ROBERT B. BURGESS III, 0000 ERIC W. KELLY, 0000 REX W. SAPPENFIELD, 0000 GAREY W. BURRILL, JR., 0000 DALLAS G. KEY, 0000 CHARLES G. SASSER, 0000 MICHAEL J. BUTLER, 0000 JAMES S. KIMBER, 0000 WILLIAM R. SAUERLAND, JR., 0000 SEAN K. BUTLER, 0000 WILFRID A. KIRKBRIDE, 0000 BRETON L. SAUNDERS, 0000 GREGORY S. CARL, 0000 JOSHUA KISSOON, 0000 JOHN L. SCHAURES, 0000 MARK E. CARLTON, 0000 CURT R. KNOWLES, 0000 DAVID J. SCHEINBLUM, 0000 FREDERICK J. CATCHPOLE, 0000 EDWARD C. KOOKEN, 0000 TIMOTHY L. SCHNEIDER, 0000 LEE K. CLARE, 0000 CONSTANTINE KOUTSOUKOS, 0000 WILLIAM F. SCHOEN, JR., 0000 JESUS M. CLAUDIO, 0000 JASON J. LATONA, 0000 LOUIS M. SCHOTEMEYER, 0000 GREGORY H. CLAYTON, 0000 GABRIEL E. LEAL, 0000 RAYMOND J. SCHREINER, 0000 SCOTT E. COBB, 0000 ALAN J. LECOMPTE, JR., 0000 WILLIAM M. SCHUCK, JR., 0000 DANIEL E. COLVIN, JR., 0000 JONATHAN E. LEE, 0000 GREGORY A. SCOTT, 0000 ADAM S. CONWAY, 0000 KATHY R. LEE, 0000 GREGORY G. SEAMAN, 0000 JOHN COOK, 0000 WILSON S. LEECH III, 0000 BRIAN F. SEIFFERT, 0000 HEATHER J. COTOIA, 0000 MATTHEW D. LERNER, 0000 ANDROY D. SENEGAR, 0000 BRIAN P. COYNE, 0000 LEONARD J. LEVINE, 0000 THEODORE W. SHACKLETON, 0000 CHRISTOPHER J. CRIMI, 0000 SHANE M. LONG, 0000 JAMES L. SHELTON, JR., 0000 JEFFREY L. CROCKER, 0000 CHARLES B. LYNN III, 0000 MATTHEW R. SHENBERGER, 0000 COLIN A. CROSBY, 0000 WILLIAM R. MAKEPEACE IV, 0000 DALE E. SHORT, 0000 HENRY L. CRUSOE, 0000 MICHAEL C. MARGOLIS, 0000 DONALD L. SHOVE, 0000 CHRISTOPHER J. CURTIN, 0000 DELBERT L. MARRIOTT, 0000 PHILIP R. SLEDZ, 0000 THOMAS DANIELSEN, 0000 DANIEL L. MARTIN, 0000 ANDREW Q. SMITH, 0000 JON W. DAVENPORT, 0000 DAWN M. MARTIN, 0000 RAHMAN K. SMITH, 0000 ARTHUR L. DAVIDSON, JR., 0000 JAMES T. MARTIN, 0000 BRYAN M. SMYLIE, 0000 JOHN S. DAVIDSON, 0000 RICHARD S. MARTIN, 0000 THOMAS M. SONGSTER II, 0000 SAMUEL D. DAVIS, 0000 ANDREW V. MARTINEZ, 0000 JOHN W. SPAID, 0000 SHALISA W. DAVIS, 0000 BRETT E. MATTHEWS, 0000 DEMETRY P. SPIROPOULOS, 0000 MANUEL J. DELAROSA, 0000 CRAIG S. MAYER, 0000 JASON V. SPRIGMAN, 0000 JOHN Y. DELATEUR, 0000 MICHAEL C. MC CARTHY, 0000 GARRY T. STEFFEN, 0000 PATRICIA R. DEYONG, 0000 KENYA MC CLAIN, 0000 MATTHEW W. STERNI, 0000 WILBERT DICKENS, 0000 DAVID A. MC COMBS, 0000 DAVID E. STRAUB, 0000 JOHN J. DIETRICH, JR., 0000 KENNEY MC COMBS, 0000 CHAD D. SWAN, 0000 FRANK DIORIO, JR., 0000 LYLE L. MC DANIEL, JR., 0000 BRIAN P. SWEENEY, 0000 STEVEN A. DOLPHIN, 0000 ARIC A. MC KENNA, 0000 ROBERT T. SWEGINNIS, 0000 BERNADETTE DOLSON, 0000 BRIAN P. MC LAUGHLIN, 0000 WILLIAM M. TALANSKY, 0000 JOSEPH E. DONALD III, 0000 PATRICK C. MC RAE, 0000 ANTHONY D. TAYLOR, 0000 DAVID A. DOUCETTE, 0000 TODD A. MENKE, 0000 JAMES T. TAYLOR, 0000 ERIC J. DOUGHERTY, 0000 NATHAN A. MENTINK, 0000 CHRISTOPHER J. TEAGUE, 0000 TROY M. DOWNING, 0000 ANDREW A. MERZ, 0000 MICHAEL R. TEUBNER, 0000 MATTHEW J. DREIER, 0000 DANIEL R. MILLANE, 0000 JAMES C. THEISEN, 0000 AARON S. DUESING, 0000 BRETT M. MILLER, 0000 MARK R. THRASHER, 0000 RICHARD E. DUNN, 0000 DAVID H MILLS, 0000 ROBERT B. TIFFT, 0000 MICHAEL A. DURHAM II, 0000 JAMES W. MINGUS, 0000 WILLIAM H. TORRICO, 0000 PATRYCK J. DURHAM, 0000 BRUCE L. MORALES, 0000 BRADLEY S. TRAGER, 0000 JAMES C. EDGE, 0000 STEVEN B. MURPHY, 0000 SCOTT R. TRUJILLO, 0000 JAMES F. EDWARDS III, 0000 STEVEN R. MURPHY, 0000 ERIC B. TURNER, 0000 JHAKE ELMAMUWALDI, 0000 TIMOTHY I. MURRAY, 0000 STEVEN R. TURNER, 0000 BRUCE J. ERHARDT, JR., 0000 BARTON K. NAGLE, 0000 MICHAEL S. TYSON, 0000 KYRL A. ERICKSON, 0000 ANTHONOL L. NEELY, 0000 LES P. VERNON, 0000 EDWARD ESPOSITO, 0000 SHANNON J. NELLER, 0000 MICHAEL H. VILLAR, 0000 BRIAN L. FANCHER, 0000 EDWARD T. NEVGLOSKI, 0000 SCOTT A. VOIGTS, 0000 ROBERT A. FARIAS, 0000 NICHOLAS C. NUZZO, 0000 MICHAEL G. VOSE, 0000 JOSEPH A. FARLEY, 0000 DEREK S. OST, 0000 KENT E. WALSH, 0000 KRISTOPHER L. FAUGHT, 0000 RANDALL A. PAPE, 0000 RICHARD J. WEAVER, JR., 0000 THOMAS P. FAVOR, 0000 DWAYNE E. PARKER, 0000 CORY R. WECK, 0000 MELVIN FERDINAND, 0000 HENRY J. PARRISH, 0000 ROBERT S. WEILER, 0000 BETH A. FERLAND, 0000 VICTOR A. PASTOR, 0000 ANDREW J. WEIS, 0000 MICHAEL D. FERRITTO, 0000 TODD A. PATTERSON, 0000 BRADLEY C. WESTON, 0000 JOSE R. FIERRO, 0000 EDWARD J. PAVELKA, 0000 JEROME S. WHALEN, 0000 PAUL F. FILLMORE, 0000 ELIZABETH D. PEREZ, 0000 BENJAMIN D. WILD, 0000 CHRISTOPHER M. FLANAGAN, 0000 NICHOLAS R. PERKINS, 0000 JUSTIN P. WILHELMSEN, 0000 TIMOTHY M. FLYNN, 0000 LAURA M. PERRONE, 0000 MARK A. WILKINSON, 0000 DUANE C. FORSBERG, 0000 CRAIG O. PETERSEN, 0000 JAMES H. WILLIAMS, 0000 VICTOR A. FRAUSTO, 0000 DAVID W. PINION, 0000 JOSEPH D. WILLIAMS, 0000 STEVIE L. FRAZIER, 0000 RICHARD H. PITCHFORD, 0000 KRISTIAN R. WILLIAMS, 0000 IAN C. GALBRAITH, 0000 KEVIN J. PRINDIVILLE, 0000 LABIN O. WILSON, 0000 JOSEPH E. GALVIN, 0000 CRAIG T. RALEIGH, 0000 ERIC S. WOLF, 0000 VINH V. GERALD, 0000 OMAR J. RANDALL, 0000 RONALD S. WOOD, 0000 KATE I. GERMANO, 0000 JOHN G. RANDOLPH, 0000 JASON G. WOODWORTH, 0000 JEREMY L. GETTINGS, 0000 MARK L. RANEY, 0000 MATTHEW J. WORSHAM, 0000 THOMAS H. GILLEY, IV, 0000 GREGORY A. RATZLAFF, 0000 ELLYN M. WYNNE, 0000 SEAN M. GLEASON, 0000 JORDAN D. REECE, 0000 RANDALL S. YEARWOOD, 0000 ARMANDO GONZALEZ, 0000 KARL C. RENNE, 0000 JUDY J. YODER, 0000 JEFFREY D. GOODELL, 0000 BRIAN A. REYNALDO, 0000 ERNEST B. YOUNG, 0000 REBECCA L. GOODRICHHINTON, 0000 RICHARD J. RIGHTER, 0000 BRENDA YSASAGA, 0000 BRADLEY V. GORDON, 0000 MARK W. RODGERS, 0000 PHILLIP M. ZEMAN, 0000 WILLIAM S. GOURLEY, 0000 RUPERT S. RODRIGUEZ, 0000 ANTHONY M. ZENDER, 0000 CRAIG A. GRANT, 0000 SCOTT M. ROLPH, 0000 RICHARD J. ZENDER, 0000 SHANNON L. GREEN, 0000 THOMAS J. ROPEL III, 0000 WAYNE R. ZUBER, 0000 STEVE GRGAS, 0000 SAM L. ROY, 0000 To be first lieutenant DANIEL B. GRIFFITHS, 0000 RICHARD A. ROYSE, 0000 JAIME L. GUTIERREZ, 0000 JUSTIN R. RUMPS, 0000 MARTIN L. ABREU, 0000 JOHN T. GUTIERREZ, 0000 LEE M. RUSH, 0000 ERIC J. ADAMS, 0000 MATTHEW B. HAKOLA, 0000 FREDERICK W. RUSSELL III, 0000 JOHN B. ADAMS, 0000 MARK A. HALEY, JR., 0000 CHARLES W. RYAN, 0000 RICHARD D. ALBER, 0000 MARGARET J. HALL, 0000 CHRISTI L. SADDLER, 0000 JOSHUA P. ANDERSON, 0000 DAVID W. HANDY, 0000 JOHN H. SAITTA, 0000 GEORGE ANIKOW, 0000 SEAN M. HANKARD, 0000 MATTHEW D. SAMS, 0000 JOSEPH J. ATHERALL, 0000 RICHARD A. HARNEY, 0000 ROBERT M. SANCHEZ, 0000 THOMAS A. ATKINSON, 0000 DARIN K. HARPER, 0000 DONALD R. SANDERS, 0000

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ROLAND G. SARINO, 0000 KEITH S. WEINSAFT, 0000 CHRISTOPHER R. KNARR, 0000 GLENN SCHMID, 0000 APRIL K. WHITESCARVER, 0000 JAMES M. KOEHLER, 0000 DAVID E. SCHNEIDER, 0000 MICHAEL S. WILBUR, 0000 ROBERT O. KOENIG, 0000 PHILIP P. SCHRODE, 0000 WILLIAM T. WILBURN, JR., 0000 RUSSELL S. LASCINK, 0000 KARL C. SCHUMACHER, 0000 DARBY R. WILER, 0000 WILLIAM M. LENNON, 0000 CHRISTOPHER B. SHERIN, 0000 JOHN D. WILKERSON, 0000 RONALD L. LOBATO, 0000 JOHN T. SILVA, 0000 JERRY D. WILLINGHAM, 0000 JOHN M. MAYBERRY, 0000 FRANK L. SIMMONS, 0000 PETER A. WILSON, 0000 BRYAN R. MC CLUNE, 0000 MATTHEW R. SIMMONS, 0000 CRAIG A. WOLFENBARGER, 0000 WILLIAM J. MITCHELL, 0000 ELIESER R. SMITH, 0000 KENNETH P. WOODS, 0000 PHILIP T. O HARA, 0000 GARY L. SMITH, 0000 TOMMY R. WRIGHT, 0000 KYLE G. PHILLIPS, 0000 JAMES R. SMITH, 0000 JAMES L. ZEPKO, 0000 JOSHUA M. PIECZONKA, 0000 KEITH D. SMITH, 0000 THOMAS G. ZIEGLER, JR., 0000 JASON M. POPOWSKI, 0000 MIRANDA D. SMITH, 0000 To be second lieutenant DONALD J. PRITCHARD, 0000 STEVEN C. SNEE, 0000 JAMES S. PRYOR, 0000 PETER R. SOLANO, 0000 WILLIAM B. ALLEN IV, 0000 KEVIN R. ROOT, 0000 ROBERT B. SOTIRE II, 0000 DAVID W. BAAS, 0000 RICHARD M. RUSNOK, 0000 PAUL M. SPONHOLZ, 0000 JOHN W. BLACK, 0000 JESSE L. SJOBERG, 0000 JARED A. SPURLOCK, 0000 MARK D. BORTNEM, 0000 GIUSEPPE A. STAVALE, 0000 MAJOR L. STAPLES, 0000 TRENT L. BOTTIN, 0000 CHRISTOPHER T. STEELE, 0000 JASON C. STAR, 0000 VINTON C. BRUTON IV, 0000 STEVEN M. SUTEY, 0000 MICHAEL W. STEHLE, 0000 WALTER G. CARR, 0000 DEREK L. TRABAL, 0000 WILLIAM C. STOPHEL, 0000 CLINT A. CASCADEN, 0000 JASON M. WARDLOW, 0000 RONALD D. STORER, 0000 GEORGE O. CHRISTEL, 0000 ROBERT J. WEINGART, 0000 JONATHAN J. STRASBURG, 0000 DOUGLAS A. COOK, 0000 CHRISTOPHER M. WESTHOFF, 0000 ROBERT A. SUCHER, 0000 BILLY R. CORNELL, 0000 DAVID E. WESTIN, 0000 ERIC N. SWIFT, 0000 JEFFREY W. DAVIS, JR., 0000 ROBERT F. WHALEN, 0000 COLON TAYLOR III, 0000 JOHN D. DIXON, 0000 BARIAN A. WOODWARD, 0000 THOMAS M. TENNANT, 0000 TIMOTHY P. DORAN, 0000 GREGORY A. THIELE, 0000 JAMES W. EAGAN III, 0000 RAYMON F. THOMAS, JR., 0000 DAVID C. EMMEL, 0000 f NICHOLAS A. THOMPSON, 0000 ROY H. EZELL III, 0000 VIRGIL E. TINKLE, 0000 DONALD W. FAUL II, 0000 WITHDRAWAL EDMUND B. TOMLINSON, 0000 JEREMY S. FILKO, 0000 ADOLFO TORRES, 0000 BRADLEY R. FITZPATRICK, 0000 Executive message transmitted by JOSEPH M. TURGEON, 0000 SHANE R. FLOYD, 0000 TRAY A. TURNER, 0000 ANTHONY E. GIARDINO, 0000 the President to the Senate on June 6, CHRISTOPHER G. VEAL, 0000 KENNETH K. GOEDECKE, 0000 2000, withdrawing from further Senate BENJAMIN M. VENNING, 0000 CHRISTOPHER M. HAAR, 0000 CHARLIE R. VONBERGEN, 0000 JONATHAN B. HAMILTON, 0000 consideration the following nomina- BRIAN J. VONHERBULIS, 0000 JACOB R. HARRIMAN, 0000 tion: MICHAEL L. WAGNER, 0000 BENJAMIN R. HERNANDEZ, JR., 0000 WALTER J. WALLACE, 0000 EDMUND B. HIPP, 0000 THE JUDICIARY BRANDON M. WALLER, 0000 JAMES T. HOFFMANN, 0000 LAWRENCE M. WALZER, 0000 JOHN H. HOUSAND, JR., 0000 JAMES M. LYONS, OF COLORADO, TO BE UNITED GREGORY J. WARDMAN, JR., 0000 JEFFREY A. HUBLEY, 0000 STATES CIRCUIT JUDGE FOR THE TENTH CIRCUIT, VICE DAREN V. WASHINGTON, 0000 IVAN F. INGRAHAM, 0000 JOHN P. MOORE, RETIRED, WHICH WAS SENT TO THE SEN- KEITH S. WATSON, 0000 KEVIN A. JACOBS, 0000 ATE ON SEPTEMBER 22, 1999.

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