SENATE—Tuesday, June 22, 1999

13708 CONGRESSIONAL RECORD—SENATE June 22, 1999 SENATE—Tuesday, June 22, 1999

The Senate met at 9:30 a.m. and was late yesterday afternoon, but because ORDER OF PROCEDURE called to order by the President pro of the absence of some Senators who Mr. MACK. Mr. President, I ask tempore [Mr. THURMOND]. needed to be consulted, we were not unanimous consent that I be able to able to lock in the procedure and the address the Senate as if in morning PRAYER time for completing that action. I hope business for up to 15 minutes. The Chaplain, Dr. Lloyd John we can complete it this morning and The PRESIDING OFFICER. Without Ogilvie, offered the following prayer: have a vote or votes on or in relation objection, it is so ordered. The hour is coming, and now is, when to the State Department authorization Mr. MACK. I thank the Chair. true worshipers will worship the Father in bill after the party caucuses at 2:15. f spirit and truth; for the Father is seeking When we go back to the agriculture ap- such to worship Him.—John 4:23. propriations bill, we would expect a STEEL QUOTA Gracious Lord of our lives, we renumber of votes this afternoon. Mr. MACK. Mr. President, pro- spond to this invitation to worship Unfortunately, the Democratic lead- ponents of the quota legislation to be You. In the quiet of this moment, we ership has chosen to confuse the issue considered later today have spoken worship You in the splendor of Your and delay action on the agriculture ap- with vigor and passion regarding the majesty. You are infinite, eternal, and propriations bill by offering the Pa- ‘‘injury’’ that was suffered by domestic unchangeable; in Your being, You are tients’ Bill of Rights to this very im- steel companies and the threat imports wisdom, holiness, goodness, and truth. portant bill. We could work out an pose to the workers at those compa- We worship You in response to Your agreement otherwise, if they would be nies. grace: Your unqualified love for each of reasonable as to how we might consider However, I am compelled to rise us. Thank You for Your faithfulness. that issue. But for now it is pending to today to respond to many of the asser- You never give up on us. Even though the agriculture appropriations bill, and tions raised regarding the steel indus- we falter and fail, You neither leave I would expect there would be a couple try specifically, and more generally I nor forsake us. Your providential care of votes on or in relation to that issue think it is important to speak to sev- for our Nation has been consistent all also. eral other factors related to the bill. through our history. As a people we re- f First, there are economic benefits all turn to You. Americans enjoy as a result of lowering Now Lord, how shall we worship You MEASURE PLACED ON trade barriers; second, the harmful in the midst of the work of this day? CALENDAR—S. 1256 message a quota bill would send to our We want to live magnificently by mag- Mr. LOTT. Mr. President, I under- trading partners; and, third, the inap- nifying You in the mundane as well as stand there is a bill at the desk due for propriateness of Congress singling out the momentous. We want our work its second reading. a specific industry for special treat- itself to be our response of worship. The PRESIDENT pro tempore. The ment. Our desire is to glorify You in all we clerk will read the bill by title. The first point I would like to make think, decide, and do. Everything with- The legislative assistant read as fol- is that the import surge is over. Ac- in us stands on tiptoe to worship You, lows: cording to the Department of Com- for You are our God in whom we place A bill (S. 1256) entitled the ‘‘Patients’ Bill merce, imports have returned to their our trust. Amen. of Rights.’’ traditional levels. In fact, overall steel imports in the first 4 months of 1999 f Mr. LOTT. I object to further proceedings on this bill at this time. were below the ‘‘pre-import’’ surge RECOGNITION OF THE MAJORITY level. Moreover, even with the import LEADER The PRESIDENT pro tempore. The bill goes to the calendar. surge of 1998, U.S. steel producers re- The PRESIDENT pro tempore. The Mr. LOTT. Thank you, Mr. President. ported profits of over $1 billion. Furthermore, in reviewing data pro- able majority leader, Senator LOTT of I yield the floor. Mississippi, is recognized. vided by the Steel Manufacturers Asso- Mr. LOTT. Thank you, Mr. President. f ciation, I was surprised to find that f FOREIGN RELATIONS AUTHORIZA- U.S. steel production has increased over the last 10 years. The 1998 steel SCHEDULE TION ACT, FISCAL YEARS 2000 AND 2001 output of 107.6 million tons was 10 per- Mr. LOTT. Today the Senate will recent greater than 1990 and the highest sume consideration of the State De- The PRESIDING OFFICER (Mr. for any year since 1981. partment authorization bill under a VOINOVICH). Under the previous order, Additionally, I was interested to dis- previous order. A cloture vote on the the Senate will now resume consider- cover that since 1987, imports as a per- motion to proceed to H.R. 975, the steel ation of S. 886, which the clerk will re- centage of domestic consumption have import limitation bill, will take place port. remained constant at around 20 per- at 12:15, with 40 minutes of debate on The legislative clerk read as follows: cent. Again, according to this data, no the motion prior to the vote. A bill (S. 886) to authorize appropriations ground has been lost despite protesta- Following that vote, the Senate will for the Department of State for fiscal years tions to the contrary. stand in recess until 2:15 p.m. so the 2000 and 2001; to provide for enhanced secu- Some have argued that the financial rity at United States diplomatic facilities; weekly party caucuses can meet. It is to provide for certain arms control, non- ill health of several specific companies our intention to complete action on proliferation, and other national security such as Bethlehem Steel Corporation, the State Department reauthorization measures; to provide for reform of the United Weirton Steel Corporation, Laclede bill during today’s session of the Sen- Nations; and for other purposes. Steel Company, Acme Metals Incor- ate and to resume consideration of the Pending: porated, and Geneva Steel Company agriculture appropriations bill. Feingold amendment No. 692, to limit the are the direct result of last year’s im- I thought we had reached an agree- percentage of noncompetitively awarded port surge. However, the fact is that ment as to exactly how to complete the grants made to the core grantees of the Na- many of the integrated steel mills have State Department authorization bill tional Endowment for Democracy. a history of declining financial health

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

VerDate jul 14 2003 14:17 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00001 Fmt 0686 Sfmt 0634 E:\BR99\S22JN9.000 S22JN9 June 22, 1999 CONGRESSIONAL RECORD—SENATE 13709 evident well in advance of the Asian unemployment rate the lowest among This bill imposes a tax on steel-users crisis and the 1998 import surge. This is the G–7 nations. in order to subsidize steel-producers. A reflected in their stock performance Trade makes it possible for us to substantial share of the U.S. steel in- which, without exception, shows a pro- focus on the production of the things dustry refines raw steel into finished nounced decline in the value of the we do best, and thereby produce a larg- and specialty goods. The U.S. steel in- stock over the last 5 years. Again, it er output and enjoy a higher standard dustry is therefore a major purchaser has nothing to do with the surge in im- of living. For goods and services that of imported steel. Higher steel prices ports. we produce cheaply, we can expand our which will surely accompany import Noting the declining employment fig- output and sell abroad at attractive quotas will increase the cost of refined ures in the steel industry, proponents prices. And for things we do poorly, we steel and make these products less of the quota bill suggest that the can acquire them more economically competitive than would otherwise be United States is losing market share, from foreign producers. Thus, trade the case. but the fact is imports have not led to promotes prosperity. Moreover, this bill would treat the a decrease in market share. U.S. steel We have fought for open markets steel industry different than other in- production in traditional integrated both through GATT and now the WTO. dustries. Steel is not the only industry mills has remained fairly flat. Import And we have been engaged in this fight, that has been adversely affected by competition has merely forced U.S. this battle for almost 50 years. For currency devaluations and weak de- steel to become more efficient. The some time, we have told the world that mand due to the Asian crisis and reces- growth in domestic production that economic freedom and a market econ- sion in several parts of the world. The has allowed U.S. steel to retain its do- omy are key ingredients of prosperity. sales of many firms were affected as mestic share has been almost exclu- The steel quota bill undermines this the result of these factors. Why should sively a result of our Nation’s mini- message. this industry be singled out for special mills which now account for almost 50 Let me make four points with respect treatment? percent of domestic steel production. to the message. In conclusion, I want to stress that Mini-mills use an innovative produc- A quota bill would send the wrong the legislation we will be considering tion technique to recycle scrapped message to the European Union. A later today proposes that the Congress steel. These highly efficient and envi- quota bill would send the wrong mes- intervene in the market, risk a trade ronmentally friendly producers are sage to the former Communist coun- war, and endanger the future health of transforming the steel industry, and I tries seeking to establish market our economy in order to insulate a seg- think here it is worth noting that the economies. A quota bill would send the ment of out steel industry from com- association of mini-mills is neutral wrong message to investors. And a petition. I maintain there is already with regard to the proposed quota leg- quota bill would send the wrong mes- sufficient legislation on the books to islation. sage to our trading partners. protect industries against unfair com- Finally in this area, some argue our Let me just touch lightly on each of petitive practices. Quotas and trade foreign competitors are playing by a those. barriers are the wrong path. The world different set of rules. This is exactly With respect to the European Union, has already gone down this ‘‘trade what our current antidumping laws are we are currently in the midst of a trade war’’ road once before with the Smoot- intended to address. The steel industry dispute with the EU regarding their re- Hawley Law of 1930. Let’s not make has shown itself to be intimately famil- strictions on both bananas and beef. that same mistake again. iar with and more than willing to take The steel quota bill undercuts our posi- Additionally, I should note that advantage of these laws. Even though tion on these issues. How can we com- Chairman Greenspan recently has steel accounts for only 5 percent of our plain about the restrictions of others sounded the dangers of protectionism. imports, the industry has generated 46 while we ourselves are erecting trade He now believes that rising protec- percent of the unfair-trade complaints barriers? tionism is the single most dangerous brought before the U.S. International With respect to the leaders of the threat to our future growth and pros- Trade Commission during the last 2 former communist countries, this bill perity. I share his concern. decades. Our current laws provide ap- says when we think it is convenient, it Make no mistake about it—impor- propriate protection for all industries. is all right to substitute political ma- tant principles are at stake here. We They should not be circumvented in nipulation for markets. I can assure should be reducing trade barriers rath- order to provide extraordinary protec- you, the leaders of the former com- er than increasing them. We have no tion for a single industry. munist countries are watching. If a business playing favorites. As our re- All too often we hear complaints of prosperous America with a low unem- cent High-Tech Summit indicated, lost jobs and invariably the blame is ployment rate is willing to bail out trade in both goods and ideas has made laid on trade. This allegation has gone troubled firms, how can we expect an enormous contribution to our pros- unanswered for far too long. Trade has them to refrain from such action. perity. We must not allow this mis- given us far more jobs than would oth- With respect to investors, while guided effort to assist some at the ex- erwise be available. The fact is that the much of the world has been in reces- pense of others and endanger American size of the trade sector has grown sion, investment flowed into the prosperity. steadily during the last 50 years. As a United States and the U.S. economy re- With that, I yield the floor, Mr. share of the economy, trade doubled mained strong. In no small degree, this President. between 1950 and 1980, and it has dou- confidence of investors was due to the Mr. GRAMM addressed the Chair. bled again between 1980 and 1998. Not openness of our economy and our reli- The PRESIDING OFFICER. The Sen- surprisingly, employment has expanded ance on markets rather than politics. ator from Texas. from 99 million in 1980 to 133 million Again, with respect to our trading Mr. GRAMM. Mr. President, I con- today. And, the unemployment rate partners, our trading partners—most of gratulate our dear colleague from Flor- has fallen to 4.2 percent, the lowest which have lower and slower rates of ida, the distinguished chairman of the level in 30 years. growth and higher unemployment—are Joint Economic Committee, for his re- Far from harming our economy, unlikely to stand idly by while we im- marks. I identify myself with what he trade has been a major contributing pose trade barriers. Retaliation and es- said. factor to our growth and our pros- calation of trade barriers are likely The steel quota bill is a trade war perity. Real GDP is now 64 percent side-effects. starter and a job killer. It is impera- greater than it was in 1980 and we have Finally, it bears mentioning that it tive that this bill be defeated on the experienced only 9 months of recession is a serious mistake for Congress to floor of the Senate today. Let me just during the last 16 years. Moreover, our play favorites. This is precisely what is try to outline a few reasons why I growth rate is now the highest and our involved here. think that is absolutely essential.

VerDate jul 14 2003 14:17 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00002 Fmt 0686 Sfmt 0634 E:\BR99\S22JN9.000 S22JN9 13710 CONGRESSIONAL RECORD—SENATE June 22, 1999 First of all, America is the world’s have that occur because of moderniza- raised the real wages and living stand- largest steel user. We have 40 times as tion and because of the implementa- ards of every working family. many jobs in America using steel as we tion of new technology. In fact, since Finally, we are creating 7,500 jobs a have jobs in making steel, so if we de- 1980, on average, America has reduced day in America. We are the envy of the cide we are going to effectively, the number of people working in steel world. We are the world’s most open through this quota, impose a tax on production by 9,000 a year, and they market. We are the world’s largest im- steel, for every 1 worker we help we are have done that not because of foreign porter and, as a result, every day in going to hurt 40 workers. In fact, it has competition but because of the imple- America we are creating 7,500 new per- been estimated that to save one job mentation of new, modern technology. manent, productive, taxpaying jobs for through protectionism in steel it will Senator MACK mentioned it, but we the future. We are creating them in in- cost Americans about $800,000. have trade law section 201 that allows dustries that are going to grow and How can it make sense to impose a an industry that is suffering from for- prosper, where these jobs represent cost of $800,000 to save a $50,000 or eign competition, where it can prove jobs that will be there 20, 25, 30 years $60,000 job? It makes absolutely no that job loss is due to the foreign com- from today. Why in the world would sense. It would be an irrational deci- petition, to get granted relief under we, the greatest beneficiary of inter- sion for an individual or a family to current law. The steel industry, which national trade, want to start a trade make such a decision. And what is wis- has a record of filing more unfair trade war over 10,000 jobs when 9,000 of them dom for an individual or family cannot practice suits and more complaints were probably lost due to technological be folly for a great nation. under the trade laws than any other in- change, and in the process, jeopardize You might ask yourself, if, in fact, dustry in America, has not availed the creation of 7,500 jobs a day? everybody knows we have 40 steel- itself of 201. Why? Because if you look So the question we have to ask our- using jobs for every 1 steel-producing back to 1980, the primary reason they selves is: Do we want to risk 7,500 jobs job—and we are debating imposing a are losing jobs is not foreign competi- a day in job creation in America due to quota on imports which will hopefully tion. being the world’s greatest trading Na- protect a few jobs while destroying In fact, in 1997 we had a record level tion? Do we want to put those jobs at many jobs—why are we doing it? We of steel production in America—105 risk for 10,000 jobs in the steel industry are doing it because the steel workers million tons. We had a record level of that will cost us over a million dollars, are very organized and are very tied in demand; hence we had a surge in im- in terms of consumer cost, individually politically. That is what this is about. ports and we had the demand because to protect? And, finally, there is no The important thing to remember, we are producing more cars, more guarantee that technological improve- however, is it costs not only about trucks, more heavy equipment, and we ment will not end up eliminating these $800,000 per worker to protect a steel are producing more washing machines, jobs in any case. job, but because the steel quota is more dryers, more dishwashers than I think our choice is clear. I think we World Trade Organization illegal, it ever in history. And I can’t think of a have to reject this bill. This bill will means that our competitors around the happier time, in terms of the economy, kill jobs. This bill will start a trade world, who will find these quotas being than we are looking at today. war, and since we are the greatest trad- imposed on their steel, will be able to In fact, in 1998—the last year we had ing Nation in the history of the world, impose similar quotas and tariffs on data—steel production in America was we will lose more than anyone else. So American manufactured products, near the all-time record, at 102 million I urge my colleagues to vote no on this American agricultural products, Amer- tons. So the second point is that there bill, and to vote no because we are the ican services that we sell around the is not a lot of data to suggest that the richest, freest, and happiest people in world. problem is with imports. the history of the world because we are So the first point I want people to The third point I want to make is the one Nation in the world that be- understand is that, by the most con- that the import crisis, if there ever was lieves in trade and practices it every servative estimate, when you take into one, has passed. Steel imports are down day. account 40 jobs in steel using for every from November 1998 to April of 1999— Why we would want to change our 1 job in manufacturing, when you take the last month we have data—by 28 minds on trade in the midst of an eco- into account that this steel quota is il- percent. So if this ever was a problem, nomic boom that is virtually unprece- legal and therefore will produce coun- it is a problem that has largely been dented in the history of the world is a tervailing quotas and tariffs against eliminated. great mystery to me. Why this bill is American products where we clearly Finally, where is the evidence that even on the floor of the Senate is a tes- are competitive on the world market, the steel industry is on its back? The tament to the level of economic illit- we are going to end up paying, as steel industry earned $1.4 billion in eracy in America. Why it would make American consumers, over $1 million 1998. Of the 13 largest steel makers, 11 any sense whatsoever to impose an ef- for every job in steel we might protect earned a profit in 1998. The bankruptcy fective tax on steel and destroy 40 jobs under this quota. of the three steel companies that are for every one job that you save is a The next point I want to make is largely discussed as part of this bill, great mystery, and only politics can that the problem in steel is largely not most analysts estimate, would have explain it. imports. In 1980, we had 459,000 people happened without regard to imports be- This is a bad bill. It could not come employed in the steel industry. Today, cause of their high level of debt and beat a worse time. It is totally unjusti- we have 163,000 people employed in the cause of the failure of investment that fied. It threatens the economic future steel industry. they made in new technology. of America, and I urge my colleagues You would think, in looking at these Now, no one is unconcerned when to reject it. 10,000 Americans lose jobs in a year. numbers, that steel production in f America had fallen right through the That is a very real human story, and to floor; but, in fact, steel production be opposed to the quota bill is not to FOREIGN RELATIONS AUTHORIZA- since 1980 is up 56 percent. In fact, steel say that you don’t care about the 10,000 TION ACT, FISCAL YEARS 2000 production in America was at an all- people who lost their jobs. But it is im- AND 2001 time high in 1997, even though we had portant to remember that 9,000 people The Senate continued with the con- reduced the number of people working a year have lost their jobs due to tech- sideration of the bill. in steel production from 459,000 to nological change since 1980, and nobody Mr. WELLSTONE addressed the 163,000. wants to stop that change because it Chair. How do you reduce the number of has created more jobs; it has produced The PRESIDING OFFICER (Mr. workers from 459,000 to 169,000 and have better products; and it has produced CRAPO). The Senator from Minnesota is production go up by 56 percent? You products at lower prices, which have recognized.

VerDate jul 14 2003 14:17 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00003 Fmt 0686 Sfmt 0634 E:\BR99\S22JN9.000 S22JN9 June 22, 1999 CONGRESSIONAL RECORD—SENATE 13711 Mr. WELLSTONE. Mr. President, Mr. WELLSTONE. Mr. President, I ducted from her school dormitory over what is the current situation? have two amendments that I want to a year and a half ago by rebels from The PRESIDING OFFICER. The Sen- talk about today. the Lord’s Resistance Army. Angelina ator is to be recognized on his amend- The first amendment deals with one described to me that fateful October ment at this point. of the most alarming human rights morning when she arrived at her Mr. WELLSTONE. Mr. President, in abuses in the world today. It is the daughter’s school to find all the win- order to save time, let me speak to growing use of child soldiers. dows broken, the girls’ clothes scat- these amendments and then I will send Today, in 25 countries there are a tered everywhere, and her daughter up a modification. quarter of a million, or more, children missing. The rebels had arrived at St. For just one minute, I do want to re- being used in government armies and Mary’s girls school the previous night, spond to my colleague from Texas and rebel groups. Some of these children— tied up the girls, beat them if they say that I think this vote today around if you are ready for this—are as young cried, and then took them away into noon on cloture on the Rockefeller as 8 years old. unspeakable horrors. One hundred and amendment is a test of economic lit- Children are recruited in a variety of thirty-nine students were abducted at eracy. But I have a different definition different ways. Some are conscripted. gunpoint. of that than my colleague from Texas. Some are forcibly recruited or kid- That is why this amendment is a One more time, I want to make about napped and literally dragged from their very important amendment. two or three points. The first point is homes, schools, and villages. In some Thankfully, many of them have been that our administration has no prob- instances, children are recruited based rescued or escaped or their freedom has lem when it comes to tariffs, or when it solely on whether or not they are big been purchased. But many others, such comes to imposing tariffs on European enough to hold a gun. as Charlotte, have not returned. Char- imports in support of Chiquita Bananas I think I need to repeat that. lotte turned 15 in the captivity of the in Central America. But now when it In some cases these children are re- Lord’s Resistance Army. In Angelina’s comes to the steelworkers, there is op- cruited, abducted, or kidnapped on the own words: position. basis of whether or not they are big My second point is that in many Until peace comes, the kidnaping will con- enough to hold a gun. tinue. My daughter Charlotte turned 15 in ways what happened with the Asian These young combatants are not only Sudan. Like other parents in the Concerned crisis was you had hot capital going in subject to grave physical risk but are Parents Association, my husband and I can and out of those countries with no kind all too often encouraged, or even forced only rely on those few children who manage of regulatory framework that made themselves, to commit barbaric acts. to escape from captivity for news of our sense. George Soros, a financier who daughter. Two weeks ago, I spoke with a girl Children are forced to do this. They are knows something about this, is saying who had just escaped. She said the rebels are considered dispensable. Child soldiers we have to have a different kind of now intentionally impregnating the girls, to are often sent to the front lines of com- framework for the global economy. make them too ashamed to go back to their bat, or sent into mine fields ahead of Some of the financial interests that parents. She mentioned that one of the preg- other troops. Children who protest or nant girls is a St. Mary’s student named benefited most from financial liberal- who cannot keep up with the march or Charlotte. ization and then were hurt the most attempt to escape are killed often by I pray that one day my daughter will come from the Asian crisis were able to get other child captives who are forced to home, and my family can become whole some public money and public assist- again. Uganda’s future depends on how the participate in the killings as a means ance through IMF bailouts. But again, government acts to end this tragedy and how when our steelworkers ask for some of breaking their wills and their spir- quickly society reintegrates the children. No support under existing trade statutes, its. nation can have a valid strategic interest in Those who survive these experiences we don’t get it. prolonging the captivity and abuse of chil- Finally, let it be clear that this is are frequently physically and emotion- dren. President Clinton has a unique opportunity to help start this healing process. not all about whether we have free ally scarred. In addition to dealing trade. This is about fair trade. That is with severe emotional and psycho- Important efforts are being made to what I think matters the most. Our logical trauma, malnourishment, dis- address this moral outrage. Graca workers can compete with workers ease, and physical injury suffered while Machel, the former U.N. expert on the anywhere. But when you see the dump- in captivity, many children worry impact of armed conflict on children, ing of steel below the cost of produc- about their basic survival—how they has recommended that governments tion in our markets and saturating our will feed, clothe, and shelter them- immediately demobilize all child sol- markets and prices going down and selves. diers. people losing their jobs, of course, For example, in northern Uganda, I believe the United States must do working people stand up and fight the Lord’s Resistance Army, an opposi- more to end this grave human rights back. That makes all the sense in the tion group, has abducted some 10,000 abuse and assist its victims. Rehabili- world. children. Children as young as 8 years tation and social reintegration pro- Finally, I want to argue a little bit of old have been taken from their schools grams are essential to help former economics focusing on how we can help and homes and forced to march to child soldiers regain a place in civilian countries going through these crises rebel-based camps in southern Sudan. society and help prevent their re-re- —countries such as Thailand, Indo- They are made to carry heavy loads, cruitment into subsequent conflicts. I nesia, Russia, and Mexico—how we can without rest, and with very little food believe strongly that the need for de- help those countries help their working and water. mobilization, rehabilitation, and re- class people consume more. Right now Accounts of the use of these children integration programs of former child we are emphasizing that those coun- as soldiers by the Lord’s Resistance soldiers in conflict areas must be in- tries should try to export their way out Army in Uganda and in the devastating corporated into U.S. policy. of their crises instead of relying on do- Sierra Leone conflict make clear that The United States must take a lead- mestic demand, which does not make a child combatants may suffer not only ership role in demobilizing and reinte- lot of sense. We ought to be focused on physical injury or disability but also grating these children back into their how people in these countries can earn psychological damage or rejection by communities. a decent living so they can, in fact, buy their home communities. That is why this is a resolution that some of what they produce in their Last year, I met with Ms. Angelina directs the State Department to study countries—some of their own products. Atyam, the mother of one such child. the issue of rehabilitation of former I say to my colleague from Texas Angelina’s 14-year-old daughter, Char- child soldiers, the positive role the that economic analysis is a little bit lotte—Charlotte is the first name of United States can play in this effort, different than his but one which I Charlotte Oldham-Moore, who is with and to submit a report to the Congress think makes more sense. me on human rights issues—was ab- on how we should address it.

VerDate jul 14 2003 14:17 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00004 Fmt 0686 Sfmt 0634 E:\BR99\S22JN9.000 S22JN9 13712 CONGRESSIONAL RECORD—SENATE June 22, 1999 Armed conflict has already taken the One of the fastest growing inter- nities were disappearing. They answered ads lives of 2 million children in the last national trafficking businesses is the that promised a much better future in an- decade. Three times as many have been trade in women. Women and girls seek- other place and they were never heard from injured or disabled. With the continued ing a better life, a good marriage, or a again. use of child soldiers, those numbers lucrative job abroad, unexpectedly find Lest you think this is just in other will only rise. themselves forced to work as pros- countries, and this only happens in far Our country must be a champion for titutes or in sweatshops. Seeking this off lands, let me talk about the United children and their welfare. Con- better life, they are lured by local ad- States. Earlier this spring, six men ad- sequently, the United States should be vertisements for good jobs in foreign mitted in a Florida court to forcing 17 making the strongest possible effort to countries—including our country—at women and girls—some as young as protect children of combat and to as- wages they could never imagine at 14—into a prostitution slavery ring. sist them in reentering their societies. home. Every year, the trafficking of The victims were smuggled into the It is the very least that we can do. human beings for the sex trade affects United States from Mexico with a This amendment represents a con- hundreds of thousands of women promise of steady work, but instead tinuation of some work that the Sen- throughout the world. they were forced into prostitution. The ator and I have been doing in this area. The U.S. Government estimates that ring was uncovered when two 15-year- Today we focus on the need to provide between 1 and 2 million women and old girls escaped and went to the Mexi- the support services for these children. girls are trafficked annually around can consulate in Miami. Today we focus on the need to get a the world. According to experts, some- According to recent reports by the report from our State Department as where between 50,000 and 100,000 women Justice Department, teenage Mexican to how we can play as positive a role as are trafficked each year into the girls were also held in slavery in the possible. United States alone. They come from Carolinas and forced to submit to pros- In the past, I have talked about these Thailand, they come from Russia, they titution. In addition, Russian and Lat- abuses on the floor. I certainly hope come from the Ukraine, they come vian women were forced into nightclub that we will continue to be very active from other countries in Asia, and they work in Chicago. According to charges and play a positive role in efforts to come from other countries from the filed against the traffickers, the traf- have some kind of international pro- former Soviet Union. fickers picked up the women upon their tocol agreement to protect these chil- Upon arrival in countries far from arrival at the airport, seized their doc- dren. their homes, these women are often uments and return tickets, locked I can’t think, quite frankly, of a stripped of their passports, held them in hotels and beat them up. The more important issue. women were told that if they didn’t I have talked with some parents. As against their will in slave-like condi- dance nude in nightclubs, the Russian a parent, I find it unbelievable that tions, and sexually abused. Rape, in- mafia would kill their families. Fur- this happens to so many children in so timidation, and violence are commonly ther, over 3 years, hundreds of women many countries. It would seem to me employed by traffickers to control from the Czech Republic who answered that we really ought to, as a country, their victims and to prevent them from advertisements in Czech newspapers for as a government, take the lead and seeking help. Through physical isolation and psy- modeling were ensnared in an illegal play as positive a role as possible. I thank my colleagues for supporting chological trauma, traffickers and prostitution ring. this modification of this amendment. brothel owners imprison women in a These victims are unfamiliar with When Senator HELMS comes to the world of economic and sexual exploi- the laws, they are unfamiliar with the floor, we will go ahead and do that. tation that imposes a constant fear of language, they are unfamiliar with the Mr. President, also in order to move arrest and deportation, as well as of customs, and quite often they don’t forward, let me go on and speak about violent reprisals by traffickers them- know what to do. They are completely another amendment that I was going selves, to whom the women must pay helpless. They are completely hopeless. to introduce to this bill—the State De- off ever-growing debts. Many brothel Trafficking in women and girls is a partment authorization bill, which I owners actually prefer foreign women— human rights problem that requires a will now hold off on for a little bit women who are far from home, far human rights response. Trafficking is longer period of time as we continue to from help, don’t speak the language— condemned by human rights treaties as build support. because it is so easy to control them. a violation of basic human rights, and This amendment also deals with an- Most of these women never imagine the it is a slavery-like practice. Women other horrendous human rights viola- life in hell they would encounter, hav- who are trafficked are subjected to tion in our time—the trafficking in ing traveled abroad to find better jobs other abuses—rape, beatings, physical human beings, particularly the traf- or to see the world. Many believe that confinement—squarely prohibited by ficking of women and children for the nothing would happen to them in rich human rights law. The human abuses purposes of sexual exploitation and countries like Switzerland, Germany or continue in the workplace, in the forms forced labor. the United States. However, many of of physical and sexual abuse, debt Earlier this year, I introduced a bill them now are put in a living hell. bondage, and illegal confinement, and called the International Trafficking of Last year, First Lady Hillary Clinton all are prohibited. Women and Children Victim Protec- spoke powerfully of this human trag- The Universal Declaration of Human tion Act of 1999, which addresses this edy. She said, Rights recognizes the right to be free issue and is cosponsored by Senators I have spoken to young girls in northern from slavery and involuntary ser- Thailand whose parents were persuaded to FEINSTEIN, BOXER, SNOWE, MURRAY, and vitude, arbitrary detention, degrading sell them as prostitutes, and they received a or inhuman treatment, as well as to TORRICELLI. great deal of money by their standards. You If passed, this bill will put the Senate could often tell the homes of where the girls the right to protection by law against on record—or this amendment, which had been sold because they might even have these abuses. we will be introducing shortly. We are a satellite dish or an addition built on their The United Nations General Assem- going to continue to work with people house. But I met girls who had come home bly has passed three resolutions during and work with the State Department after they had been used up, after they had the last three years recognizing that and with other Senators and build the contracted HIV or AIDS. If you’ve ever held international traffic in women and support. But we want to go on record in the hand of a 13-year-old girl dying of AIDS, girls is an issue of pressing inter- the Senate, the U.S. Congress, as op- you can understand how critical it is that we national concern involving numerous take every step possible to prevent this hap- posing trafficking for forced prostitu- pening to any other girl anywhere in the violations of fundamental human tion and domestic servitude, and acting world. I also, in the Ukraine, heard of women rights. The United Nations General As- to check it before the lives of more who told me with tears running down their sembly is calling upon all governments women and more girls are shattered. faces that young women in their commu- to criminalize trafficking, to punish its

VerDate jul 14 2003 14:17 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00005 Fmt 0686 Sfmt 0634 E:\BR99\S22JN9.000 S22JN9 June 22, 1999 CONGRESSIONAL RECORD—SENATE 13713 offenders, while not penalizing it’s vic- needed resources to programs assisting partment. We will come to some agree- tims. trafficking victims here at home and ment on our language, which surely we Fortunately, the global trade in abroad. can do. When the foreign operations women and children is receiving great- We must commit ourselves to ending bill comes to the floor, my hope is we er attention by governments and NGOs the trafficking of women and girls and will be ready with this amendment. If following the U.N. World Conference on to building a world in which women at that point in time I can’t get the Women in Beijing. The President’s and children are no longer subjected to State Department to come forward and Interagency Council on Women is such horrendous abuses. give me their suggestions and talk working hard to mobilize a response to I urge my colleagues to support this about their approach and have us work this problem. Churches, synagogues, important legislation. together, I will just bring the amend- and NGOs are fighting this battle I say to the chair of the committee, ment to that bill and we will have an daily. But, much, much more must be I will not introduce the amendment to all out debate and a vote up or down done. today’s bill. What we want to do is and see where people stand. My bill provides a human rights re- have an amendment, and I hope to get I am convinced with a little bit more sponse to the problem. It has a com- the support of the chairman of the Sen- time—not too much more time but a prehensive and integrated approach fo- ate Foreign Affairs Committee, which little bit more time—I will get to work cused on prevention, protection and as- will set an international standard for with the chairman and I will be able to sistance for victims, and prosecution of governments to meet in their effort to get the support of the chairman of the traffickers. fight trafficking and assist victims of Senate Foreign Affairs Committee and I will highlight a few of its provisions human rights abuse. It will call on the Senator BIDEN and other Senators and now: State Department and Justice Depart- we can move this forward. It sets an international standard for ment to investigate and take action My goal is to get this passed. Mem- governments to meet in their efforts to against international trafficking. It bers don’t come to the floor to give a fight trafficking and assist victims of will create an interagency traffic force speech for the sake of giving a speech. this human rights abuse. It calls on the to monitor and combat trafficking in Quite often, we don’t even get to see, State Department and Justice Depart- the Office of the Secretary of State. It Senator HELMS, the results of our work ment to investigate and take action will direct the Secretary of State to in a concrete way. But we do know if against international trafficking. In submit an annual report to Congress on we can pass something like this and addition, it creates an Interagency international trafficking. get it in a bill, it can help a lot of peo- Task Force to Monitor and Combat We will also take a look at what dif- ple around the world, and we have done Trafficking in the Office of the Sec- ferent governments are doing and something good. I want to do some- retary of State and directs the Sec- which countries are involved in this il- thing good, do something positive. retary to submit an annual report to legal practice, what police forces are I will wait a little while longer. I do Congress on international trafficking. involved, and whether or not we ought want the State Department to know I The annual report would, among to be taking action with a clear mes- will not wait much longer. Let’s go for- other things, identify states engaged in sage that we, as a government, will not ward in the spirit of working together. trafficking, the efforts of these states tolerate that. This will not be something that we will to combat trafficking, and whether On a national level, it will ensure delay and delay. We will pass this. their government officials are that our immigration laws don’t en- Some good work is being done in the complicit in the practice. Corrupt gov- courage the rapid deportation of State Department. There is no reason ernment or law enforcement officials women, that insulates the traffickers we can’t do this together. There is no sometimes directly participate and from being prosecuted. Women are ter- reason this can’t be a bipartisan bill. benefit in the trade of women and girls. rified; they have no protection, and There is no reason why our govern- And, corruption also prevents prosecu- therefore, they can’t even testify ment, our country, can’t take the lead tion of traffickers. U.S. police assist- against what is happening to them. We in trying to put an end to this abhor- ance would be barred to countries want to make sure they are provided rent, unconscionable, vicious practice. found not to have taken effective ac- with some protection. This is a huge civil rights issue. As a tion in ending the participation of We want to commit ourselves to end- Senator, I intend to address this with their officials in trafficking, and in in- ing the trafficking of women and girls some good legislation. vestigating and prosecuting meaning- and to building a world in which I say to the Chair, I have already had fully their officials involved in traf- women and children are no longer sub- a chance to speak on the amendment ficking. A waiver is provided for the jected to this horrendous abuse. dealing with child soldiers. We have a President if he finds that provision of We don’t agree on all issues, I say to modification. such assistance is in the national inter- the chairman of the committee, but I What I would like to do now is call est. This is a modest enforcement pro- know him and I know he finds this up amendment No. 697 and ask unani- vision that will encourage governments practice abhorrent. Out of respect for mous consent it be in order for me to to take seriously this extremely seri- him, I will not introduce this amend- modify the amendment. ous human rights violation. ment to this bill because I know he The PRESIDING OFFICER. Is there On a national level, it ensures that wants to move the bill forward. There objection? our immigration laws do not encourage are a couple of issues we are trying to Without objection, it is so ordered. rapid deportation of trafficked women, resolve in terms of getting support. I AMENDMENT NO. 697, AS MODIFIED a practice which effectively insulates had a commitment from the chairman (Purpose: To express the sense of Congress traffickers from ever being prosecuted we will go forward with hearings. This that the global use of child soldiers is unfor their crimes. Trafficking victims will not be delayed. acceptable and that the international com- are eligible for a nonimmigrant status Perhaps even more importantly, I munity should find remedies to end this valid for three months. If the victim say to the chairman, because he has practice) pursues criminal or civil actions had nothing to do with delaying this, I Mr. WELLSTONE. I send the modi- against her trafficker, or if she pursues have been waiting for the State De- fication to the desk. an asylum claim, she is provided with partment to come forward with their The PRESIDING OFFICER. The an extension of time. Further, it pro- modifications. I have asked for quite clerk will report. vides that trafficked women should not some period of time. My hope is within The assistant legislative clerk read be detained, but instead receive needed the next week we will be doing this as follows: services, safe shelter, and the oppor- work together. I will work with the The Senator from Minnesota [Mr. tunity to seek justice against their chairman; I will work with Senator WELLSTONE] proposes an amendment num- abusers. Finally, my bill provides much BIDEN; I will work with the State De- bered 697, as modified.

VerDate jul 14 2003 14:17 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00006 Fmt 0686 Sfmt 0634 E:\BR99\S22JN9.000 S22JN9 13714 CONGRESSIONAL RECORD—SENATE June 22, 1999 Mr. WELLSTONE. Mr. President, I The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The ask unanimous consent that reading of ator from North Carolina. clerk will report. the amendment be dispensed with. Mr. HELMS. Mr. President, we cer- The assistant legislative clerk read The PRESIDING OFFICER. Without tainly accept this amendment, amend- as follows: objection, it is so ordered. ment No. 697, as modified. We have dis- The Senator from Maryland [Mr. SAR- The amendment, as modified, is as cussed it on both sides. BANES] proposes an amendment numbered follows: THE PRESIDING OFFICER. If there 695. On page 115, after line 18, add the following be no further debate, the question is on Mr. SARBANES. Mr. President, I ask new section: agreeing to the amendment. unanimous consent that reading of the SEC. 730. SENSE OF CONGRESS ON THE USE OF The amendment (No. 697), as modi- amendment be dispensed with. CHILDREN AS SOLDIERS OR OTHER fied, was agreed to. The PRESIDING OFFICER. Without COMBATANTS IN FOREIGN ARMED Mr. HELMS. Mr. President, I move to FORCES. objection, it is so ordered. reconsider the vote. The amendment is as follows: (a) FINDINGS.—Congress makes the fol- Mr. WELLSTONE. I move to lay that lowing findings: On page 116, strike ‘‘$940,000,000 for the fis- (1) There are at least 300,000 children who motion on the table. cal year 2000 and $940,000,000’’ and insert are involved in armed conflict in at least 25 The motion to lay on the table was ‘‘$963,308,000 for the fiscal year 2000 and countries around the world. This is an esca- agreed to. $963,308,000’’. lating international humanitarian crisis Mr. WELLSTONE. Mr. President, I On page 121, line 6, strike ‘‘$215,000,000 for which must be addressed promptly. thank the Chair for his help and his the fiscal year 2000 and $215,000,000’’ and in- (2) Children are uniquely vulnerable to support. sert ‘‘$235,000,000 for the fiscal year 2000 and military recruitment because of their emo- Mr. HELMS. To the contrary, I thank $235,000,000’’. tional and physical immaturity, are easily the Senator from Minnesota. Mr. SARBANES. Mr. President, I manipulated, and can be drawn into violence The PRESIDING OFFICER. The Sen- have been in discussions with the dis- that they are too young to resist or under- ator from North Carolina is recognized. stand. tinguished chairman of the committee. Mr. HELMS. I commend the Senator The committee is prepared to take the (3) Children are most likely to become from Minnesota for working with us on child soldiers if they are orphans, refugees, latter part of this amendment. I am poor, separated from their families, dis- his amendments. The issues he raised prepared to withdraw the first part of placed from their homes, living in a combat are—‘‘significant’’ is not strong the amendment, therefore obviating zone, or have limited access to education. enough. They are grave issues that the need for a vote, although I would (4) Child soldiers, besides being exposed to ought to be considered, and I commend then like to speak about the bill and the normal hazards of combat, are also af- him for it. I assure the Senator the my general attitude toward it. flicted with other injuries due to their lives committee will continue to work with I make a parliamentary inquiry. If I in the military. Young children may have him to address his concerns. were to ask for a division of the amend- sexually related illnesses, suffer from mal- Mr. President, we have made signifi- ment and withdraw the first part of it, nutrition, have deformed backs and shoul- cant progress in the State Department on page 116, would the next order then ders which are the result of carrying loads authorization bill. We have now com- too heavy for them, as well as respiratory be to go to the second part of the pleted debate on the Feingold amend- and skin infections. amendment on page 121? ment, and we have just, obviously, ac- (5) One of the most egregious examples of The PRESIDING OFFICER. That cepted the modified Wellstone amend- the use of child soldiers is the abduction would be the order. ment. We are making progress on the thousands of children, some as young as 8 Mr. SARBANES. Mr. President, I ask years of age, by the Lord’s Resistance Army Sarbanes amendment, which is the (in this section referred to as the ‘‘LRA″) in for a division on the amendment. only remaining amendment to be de- The PRESIDING OFFICER. The northern Uganda. bated. I understand some Senators (6) The Department of State’s Country Re- amendment is so divided. wish to come to the floor and speak on The amendment (No. 695), as divided, ports on Human Rights Practices For 1999 re- the bill in general, and I encourage ports that in Uganda the LRA abducted chil- is as follows: them to do that now. This afternoon we dren ‘‘to be guerillas and tortured them by DIVISION I beating them, raping them, forcing them to will vote on the Feingold amendment and possibly the Sarbanes amendment, On page 116, strike ‘‘$940,000,000 for the fis- march until collapse, and denying them ade- cal year 2000 and $940,000,000’’ and insert quate food, water, or shelter’’. and then we will move to final passage. ‘‘$963,308,000 for the fiscal year 2000 and (7) Children who manage to escape from PRIVILEGE OF THE FLOOR $963,308,000’’. LRA captivity have little access to trauma Mr. WELLSTONE. Mr. President, I DIVISION II care and rehabilitation programs, and many ask unanimous consent Kathleen On page 121, line 6, strike ‘‘$215,000,000 for find their families displaced, missing, dead, O’Brien, a fellow, and Meagan Fitz- or fearful of having their children return the fiscal year 2000 and $215,000,000’’ and in- home. simmons, who is an intern, be granted sert ‘‘$235,000,000 for the fiscal year 2000 and (8) A large number of children have partici- the privilege of the floor today. $235,000,000’’. pated and been killed in the armed conflict The PRESIDING OFFICER. Without Mr. SARBANES. Mr. President, I in Sri Lanka, and the use of children as sol- objection, it is so ordered. withdraw the first part of the amend- diers has led to a breakdown in law and order Mr. HELMS. I suggest the absence of ment, lines 1, 2, and 3, that read, ‘‘on in Sierra Leone. a quorum. page 116’’ down and through (b) SENSE OF CONGRESS.— The PRESIDING OFFICER. The ‘‘$963,308,000.’’ (1) CONDEMNATION.—Congress hereby joins clerk will call the roll. the international community in condemning The assistant legislative clerk pro- The PRESIDING OFFICER. Without the use of children as soldiers and other com- ceeded to call the roll. objection, it is so ordered. batants by governmental and non-govern- Mr. SARBANES. Mr. President, I ask Mr. SARBANES. Mr. President, I un- mental armed forces. unanimous consent that the order for derstand that now before us is the sec- (2) FURTHER SENSE OF CONGRESS.—It is the the quorum call be rescinded. ond part of the amendment, lines 4 and sense of Congress that— 5 on page 1 and lines 1 and 2 on page 2; (A) the Secretary of State should— The PRESIDING OFFICER. Without objection, it is so ordered. is that correct? (i) study the issue of the rehabilitation of The PRESIDING OFFICER. That is former child soldiers, the manner in which AMENDMENT NO. 695 their suffering can be alleviated, and the (Purpose: To increase the authorizations of correct. positive role that the United States can play appropriations for ‘‘Contributions for Mr. SARBANES. There was origi- in such an effort; and International Organizations’’ and ‘‘Con- nally a two-hour time agreement on (ii) submit a report to Congress on the tributions for International Peacekeeping the amendment, equally divided. I will issue of rehabilitation of child soldiers and Activities’’) cut my time back to half an hour, but their families. Mr. SARBANES. Mr. President, I be- I thought we would go ahead and adopt Mr. WELLSTONE. Mr. President, I lieve I have an amendment at the desk. it, if that is acceptable to the chair- urge adoption of this amendment. Am I correct? man.

VerDate jul 14 2003 14:17 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00007 Fmt 0686 Sfmt 0634 E:\BR99\S22JN9.000 S22JN9 June 22, 1999 CONGRESSIONAL RECORD—SENATE 13715 Mr. HELMS. I think that is what we objection is that the money we do au- pay all the money we owe in arrears, should do, and I hope we will. thorize has been heavily conditioned. not only do we establish preconditions Mr. SARBANES. I ask unanimous Let me just say at the outset that I for this partial payment, but we begin consent that following the adoption of believe important U.S. national inter- to build up new debts by authorizing the amendment I have 30 minutes to ests are undermined by our continued less than is needed. speak on the bill, and that will be in failure to pay what we owe to the The agreement that was reached on lieu of the 1 hour that had been re- United Nations and its affiliated agen- the amendment addressed this in part. served for proponents of the amend- cies. I know the chairman and the It provided the $235 million needed for ment. ranking member are trying to search assessed peacekeeping operations. The The PRESIDING OFFICER. Without for a solution to this problem. I respect bill had $215 million. It still does not objection, it is so ordered. their efforts. I just do not think they provide the full amount needed for as- Mr. SARBANES. I urge the adoption have gone far enough along this impor- sessed U.N. dues, falling short by $23 of the second part of the amendment. tant path. million. The PRESIDING OFFICER. Without By refusing to meet our legal obliga- I must say, if any other country de- objection, the amendment is agreed to. tions while continually issuing new delinquent in its obligations showed up The amendment (No. 695), as divided, mands, we are wasting our own influ- with the demands we have placed in was agreed to. ence, damaging our credibility and this legislation, lacking the intention Mr. HELMS. Mr. President, I move to international respect, engendering re- of paying its debts in full and short of reconsider the vote. sistance to the reforms we seek, and its current dues, we would be ex- Mr. SARBANES. I move to lay that complicating the U.N.’s ability to per- tremely upset at what we would regard motion on the table. form its duties in a timely and effec- as its audacity. Surely our friends and The motion to lay on the table was tive manner. In my view, we should allies will have the same reaction to agreed to. pay our arrears promptly, in full, and our conduct. Mr. SARBANES. Mr. President, I without additional conditions. This approach runs counter to that thank the chairman of the committee. Unfortunately, this legislation does reflected in the exercise of American I now will speak on the bill, which not accomplish that objective. The leadership at the end of World War II, presents some difficult issues. Despite United States acknowledges we owe an approach that I think should char- the chairman’s accommodation—which $1.021 billion to the U.N. The U.N. says acterize our policy toward the United is a step forward that I appreciate—I we owe $1.5 billion. This bill authorizes Nations today. It is my strongly held view that the still plan to vote against the bill, as I $819 million over 3 years, plus an addi- interests of the United States have did in the committee. I say to the tional $107 million in credit. Even the been served by our Nation’s active par- chairman that this decision has been $819 million which is authorized will ticipation in the United Nations and made more difficult for me because not be paid promptly and at once; it the U.N. system. Especially now, with this bill is now being named after Ad- will be paid over a 3-year period. So we the end of the cold war, the U.N. has a miral Nance. will still be almost $100 million short of genuine opportunity to function as it I wish the substance of the bill were our acknowledged obligations, far was intended at the end of World War such that I could feel free to vote for short of the U.N. figure, with no prom- II, without the constant Soviet veto in it. Unfortunately, I do not. But I want ise of ever paying it back. the Security Council that effectively to make it very clear that if I could Unfortunately, that puts us in the neutralized it for so many years. have improved the substance enough, position of a permanent default, par- The task facing us today is to assist the fact that Admiral Nance’s name is ticularly when one realizes that the au- the United Nations to adapt to the end on this bill would have clearly moved thorization for the current year falls of the cold war and the challenges of me in the direction of voting for it. short. The amendment we just adopted the new century. The need for the Hopefully, it will come back from con- helps to correct that on the peace- United Nations remains clear, for as ference in a somewhat better state, and keeping side, but it still leaves us $23 then-Ambassador to the U.N. Mad- I might be able to vote for it then. million short on regular dues to the eleine Albright commented: I wanted to say this at the outset be- United Nations. cause I, like so many Members of this Furthermore, the bill imposes a long The battle-hardened generation of Roo- sevelt, Churchill and de Gaulle viewed the body, had enormous respect and affec- list of arbitrary and burdensome condi- U.N. as a practical response to an inherently tion for Admiral Bud Nance and for his tions for paying even the reduced contentious world; a necessity not because commitment to our Nation, both in amount, to which I have just made ref- relations among States could ever be war and in peace. I saw that commit- erence. These conditions have not been brought into perfect harmony, but because ment every day after he joined the negotiated with or agreed to by the they cannot. chairman in the workings of our com- United Nations. They are, in effect, This sense of realism seems absent mittee. His contributions were widely unilaterally imposed by the United from many of the current discussions recognized and he will be greatly States. They are being imposed on past of the United Nations. There has been missed. obligations, on money we had agreed to a misperception that the U.N. can This amendment, which we have now provide without such stipulations. somehow dictate policies to the United adjusted, was an effort to keep us from The consequence of these arrears is States and force us to undertake ac- going further into arrears to the that the U.N. has been unable to reim- tions that do not serve U.S. interests. United Nations in the current year. burse other countries for sending their This is simply not the case. Those who Under the compromise, we will author- troops on peacekeeping missions that labored in San Francisco and elsewhere ize the full amount this year for peace- the United States encouraged and en- to create the United Nations some half keeping, but we still fall behind on the dorsed. Other countries have put the a century ago insisted that the United contributions to international organi- lives of their own citizens on the line Nations organization recognize the re- zations. in order to accomplish mutually agreed ality of great powers by granting sig- The bigger problem connected with objectives. The U.S. responsibility in nificant authority to the Security the legislation is the proposed package most of those instances was to provide Council. to settle our past arrears to the United money to cover the missions they were In the Council, the United States and Nations, which unfortunately, has two performing for us and the entire world. other major powers were given the veto major shortcomings. First of all, the Those missions have been accom- power, thereby ensuring that the U.N. total figure does not reach the level plished. The bill has not been paid. could not undertake operations which which our Government admits we owe, In addition, despite my amendment, the United States opposed. Every U.N. missing it by a little under $100 million this legislation creates new arrearages peacekeeping operation requires prior if one includes debt relief. My second to the U.N., so not only do we fail to approval by the United States.

VerDate jul 14 2003 14:17 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00008 Fmt 0686 Sfmt 0634 E:\BR99\S22JN9.000 S22JN9 13716 CONGRESSIONAL RECORD—SENATE June 22, 1999 Actually, by failing to meet our fi- influence in order to achieve a much have been enacted which set standards nancial obligations, we are abdicating greater impact at lesser cost than we of conduct and enable cooperation in the powers available to us within the could unilaterally. areas ranging from arms control to U.N. system. I think those who constantly talk human rights and civil liberties, pro- We are, for example, in danger of los- about the burdensharing theme—and I tection of copyrights and trademarks, ing our vote in the General Assembly, think it is an important theme; I have determining maritime jurisdiction and a status generally reserved for the talked about it myself—need to recog- navigation on the high seas, preventing world’s lawless and pariah states. Since nize the U.N. has been, and can be, an discrimination against women, con- the General Assembly works on the even more important mechanism for serving biological diversity, and com- basis of consensus, we are depriving burdensharing. bating desertification. ourselves of the ability to press for One of the things that needs to be un- Because of U.N. agencies, such as the needed reforms. derstood is that by working through International Labor Organization, and The influence we held in the past by the United Nations, we can often gain U.N.-brokered agreements, such as the our leadership, reflected in the large international endorsement for an Universal Declaration of Human number of senior posts awarded to U.S. American position. The U.S. position is Rights, the American ideals of free- nationals, is being eroded and sub- then seen as representing the judgment dom, democracy, equality before the of the entire international community jected to challenge. law, and the dignity of the individual As Ambassador Richardson explained and not solely the judgment of the have become internationally accepted, in the course of his confirmation hear- United States. The mandate becomes a and the rights and protections that ings to go to the U.N.—he, of course, is response by the entire international U.S. workers enjoy are being aggres- now Secretary of Energy—I quote him: community and cannot be portrayed as sively pursued in other countries. Growing resentment over our failure to the United States trying to impose its pay our assessed dues and arrears has put own point of view in the particular sit- International trade and commerce our continued leadership and influence at uation. would be hamstrung without the World risk.... [A]mong the members of the Gene- There are many examples of how the Bank, the International Monetary va Group, composed of the U.N.’s largest U.N. serves U.S. interests at a reduced Fund, the World Trade Organization, contributors and a crucial source of support cost and with great effectiveness. The and the regional development banks, for U.N. reform, there is virtually no willing- International Atomic Energy Agency, not to mention the many agreements ness to consider reductions in our dues for negotiated under their auspices. All of peacekeeping or the regular budget until we with our small annual contribution, pay our arrears. If the United States fails to has helped prevent nuclear prolifera- these grew from the U.N. system. meet its financial commitments to the U.N. tion by inspecting and monitoring nu- I went on at some length about these system, it will become increasingly difficult clear reactors in facilities in 90 coun- matters because we do not often focus to set the U.N. priorities for the future and tries, many of which would not allow on them. A lot of the very positive to ensure that qualified Americans serve in access to the United States alone. The work done by the U.N. is simply taken important U.N. posts. World Health Organization, working in for granted, falling below the ‘‘radar Let me just talk a bit about how an concert with USAID and other bilat- screen’’ for most people. Many do not effective U.N. serves U.S. interests. I eral agencies, led a 13-year effort re- appreciate that it is the U.N. that is believe, of course, that U.S. leadership sulting in the complete eradication of conducting all of these important ac- is essential to an effective U.N. smallpox, saving an estimated $1 bil- tivities, and they fail to understand Over the years, the U.N. has nego- lion a year in vaccination and moni- how discomforted they would be in tiated over 170 peaceful settlements toring, and helped to wipe out polio their lives if these activities were not across the globe—helping to end wars, from the Western Hemisphere. carried out, which the United Nations uphold cease-fires, protect civilians, re- Through its High Commissioner for has been doing, year in and year out. integrate refugees, oversee the conduct Refugees, its Children’s Fund, the De- The U.N. has been a favorite target of of free and fair elections, monitor velopment Programme, the Inter- criticism. Certainly there are activi- troop withdrawals, and deter intercom- national Fund for Agricultural Devel- ties and practices of the U.N. that have munal violence. opment, and the World Food Pro- been wasteful or ineffective and that From Iraq to Bosnia and Kosovo, as- gramme, the U.N. has saved millions require reform. But I think the strat- sembling coalitions to repel aggression from famine and provided food, shelter, egy of unilaterally withholding funds and keep peace would have been impos- medical aid, education, and repatri- until all our demands are met is coun- sible without assistance and support ation assistance to refugees around the terproductive, particularly in the cur- from the United Nations. world. rent circumstance. In Haiti, the introduction of U.N. The U.N. Environment Programme Since his election in 1997, U.N. Sec- peacekeepers meant that U.S. troops and the World Meteorological Organi- retary General Kofi Annan—whose can- could be extracted without condemning zation have brought countries together the country to chaos, while in Cyprus, to begin to address important environ- didacy, of course, was strongly sup- the U.N. prevents an outbreak of hos- mental matters, to develop regional ef- ported by the United States—has insti- tilities that could lead to conflict be- forts to clean up pollution, and to pre- tuted a number of significant reforms, tween two NATO allies. dict and respond effectively to natural including a zero-growth budget, the The U.N. has not been able to handle and manmade disasters. cutting of administrative costs, the every situation. Unfortunately, it has Thanks to organizations such as the elimination of almost 1,000 positions, attracted the most attention in those Universal Postal Union, the Inter- the creation of an independent inspec- instances when it has not able to pro- national Telecommunications Union, tor general, the consolidation of over- vide a resolution. People then conclude the International Civil Aviation Orga- lapping agencies, the establishment of that it is totally ineffective. I beg very nization, and the International Mari- more budget oversight, and tighter strongly to disagree with that conclu- time Organization—all agencies of the budget discipline. sion. United Nations—there are procedures I know some think he has not gone as As I have indicated, there have been to ensure the safety and reliability of far as he should go, that he has not numerous instances in which the U.N. worldwide travel and communications. fully implemented all of these reforms, has negotiated peaceful settlements. By coordinating international sanc- and there is some truth to that. But As a matter of fact, the Nobel Peace tions against the apartheid regime in the fact remains, he is trying to run an Prize has been awarded five times to South Africa, the U.N. was instru- organization that operates by con- the United Nations and its organiza- mental in bringing an end to the apart- sensus. He has set out the proper directions. heid system. tion and the proper goals. He is doing U.N. operations further serve U.S. in- Through the efforts of the United Na- his very best to move the agency along terests by leveraging our resources and tions, over 300 international treaties the right path.

VerDate jul 14 2003 14:17 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00009 Fmt 0686 Sfmt 0634 E:\BR99\S22JN9.000 S22JN9 June 22, 1999 CONGRESSIONAL RECORD—SENATE 13717 Frankly, I think the United States cant step toward meeting our inter- whether from war or hunger, terrorism or can be more helpful in the reform ef- national obligations. But I am deeply disease. We cannot lead if we ignore our fort. We do this not by being the big- troubled by its failure to authorize the basic international responsibilities. There are historic consequences to our gest delinquent in dues paying, which full amount that United States itself continued failure to meet our obligations. only brings resentment against our admits we owe, let alone what the U.N. The United States, one of the founding mem- calls for change; we should pay our ob- claims we owe. bers of the United Nations could lose its vote ligations in full so we can regain the Secondly, even making that money in the UN General Assembly. credibility and respect needed to push available, or any part of it, is very Important reforms have occurred at the for further reforms. heavily conditioned in this legislation. United Nations, many at America’s urging: a It is both ironic and unfortunate that In other words, we are saying to the no-growth budget from 1994–98 and an actual a nation that holds itself and its citi- reduction of $123 million for 1998–99, creation U.N.: Yes, we are willing to pay some of an office of inspector general which has zens to the highest standards of law of what we owe, but in order to get any identified more than $80 million in savings, should find itself in default of its inter- of this money, you will have to comply more than 1,000 positions cut, and other cost- national obligations. Our democracy is with a long list of conditions—several saving measures. Payment of U.S. arrears is founded on the primacy of respect for of which I think will be extremely dif- critical to continuing this reform. the rule of law. We urge other nations ficult for them to meet. In any event, We urge you: honor our international com- to follow our example. it is sort of a ‘‘take it or leave it’’ ap- mitments and pay America’s debt to the United Nations. Great nations pay their It is often a tremendous challenge to proach. This was not part of a nego- get countries to respect the basic bills. tiated agreement. We are going to ap- Sincerely, rights of their citizens and to act in ac- prove the package and then present it HENRY A. KISSINGER. cordance with international law. Yet to them. I think we may encounter a ALEXANDER M. HAIG, Jr. we ourselves are not meeting those difficult reaction to this and see a con- JAMES A. BAKER, III. high standards as they relate to the tinuing problem. WARREN M. CHRISTOPHER. United Nations. We undertook commit- Third, as I indicated, even with the CYRUS R. VANCE. ments under the U.N. Charter. We have accommodation made on the amend- GEORGE P. SHULTZ. LAWRENCE S. a responsibility to make good on them ment earlier, we still create new ar- EAGLEBURGER. if we want other countries to uphold rears. So it is not as though we are able Mr. KERRY. Mr. President, the pend- their international agreements. to say to the U.N. that this is the packing bill fails to authorize the Adminis- The United States is the great power age we propose for arrears and, in the tration’s full request for funding for in the world today, and with that role future, we are not going to let this sit- U.S. contributions to international or- come important responsibilities in how uation arise again. In other words, we ganizations and for U.S. contributions we exercise that power. I think we are aren’t really on board here to meet our to international peacekeeping activi- failing here, with respect to our com- continuing obligations to the organiza- mitments to the U.N., to exercise those ties. I am pleased to cosponsor the tion, which in substantial measure has amendment offered by my colleague, responsibilities in a manner that will been responsive to American interests. strengthen our position and serve our the Senator from Maryland, because it Instead, we are going to continue to go Nation in the international commu- at least partially rectifies this situa- into arrears, extending the problem nity. We have not only a legal and tion by bringing the authorization for which has brought us to the impasse we moral obligation to pay our dues, but a one of these two accounts up to the Ad- now confront. ministration’s full request for Fiscal practical interest in doing so as well. Mr. President, I yield the floor. So while I respect the efforts that year 2000. have been made in the committee, and EXHIBIT 1 The bill before us today makes sig- while I recognize that I was a lonely U.S. SECRETARIES OF STATE TO CONGRESS: nificant strides in the on-going efforts U.S. LEADERSHIP ISATRISK voice for this position in the com- of the Congress and the Administration mittee, I think that offering only a Hon. DENNIS J. HASTERT, to pay U.S. arrears to the United Na- Speaker of the House. partial and a heavily conditioned re- tions and achieve much-needed reforms Hon. TRENT LOTT, payment of the U.S. debt to the United Senate Majority Leader. in that organization. I commend both Nations will not meet our obligations Hon. RICHARD J. GEPHARDT, the chairman of the Foreign Relations and will not enhance our interests. House Minority Leader. Committee, Senator HELMS, and the Seven former Secretaries of State Hon. THOMAS A. DASCHLE, ranking Democrat, Senator BIDEN, for have written an open letter to the Con- Senate Minority Leader. this important accomplishment. Work- gress urging the United States to MARCH 16, 1999. ing closely together and working close- honor its international commitments DEAR CONGRESSIONAL LEADERS: As Amer- ly with the Administration, they have and pay its debt to the United Nations. ica’s financial debt to the United Nations reached an agreement that will allow persists, we are deeply concerned that our the United States to begin restoring its I think their letter is a powerful state- great nation is squandering its moral au- ment about the importance of U.S. thority, leadership, and influence in the status as a member-in-good standing of leadership and the risk that non- world. It’s simply unacceptable that the the UN. payment of our debt to the U.N. will richest nation on earth is also the biggest I believe many of my colleagues pose for U.S. security and inter- debtor to the United Nations. share my profound relief that, with national influence. That letter was We are writing to urge all Members of Con- this bill, the United States will take an signed by former Secretaries Kissinger, gress to support full funding of the out- important step toward paying what we standing and current U.S. legal obligations Haig, Baker, Christopher, Vance, owe to the United Nations. For the to the United Nations and to alert Congress United States to fail to meet its treaty Shultz, and Eagleburger—Democrats to the serious consequences if we fail to do and Republicans alike. so. U.S. leadership is at risk. Our ability to obligations as a founding member of I ask unanimous consent that their achieve vital foreign policy and security ob- the United Nations is, in my opinion, letter, which was sent to the Speaker jectives is compromised. Our priceless rep- conduct unworthy of this great nation. of the House, the House minority lead- utation as the pre-eminent country com- In our increasingly interconnected er, the Senate majority leader, and the mitted to the rule of law is compromised. world, even a great nation—even the Senate minority leader, be printed in And, the critical work of the United Nations sole remaining superpower—can not is threatened. protect and advance its national inter- the RECORD at the conclusion of my re- As former Secretaries of State, we know marks. ests alone. We need not look any fur- first hand the importance of the United Na- ther than the last few weeks, as the The PRESIDING OFFICER. Without tions and its agencies in securing global objection, it is so ordered. peace, stability and prosperity. And we ap- United States and our NATO allies (See Exhibit 1.) preciate that now more than ever, the U.S. have worked to bring an end to the Mr. SARBANES. Mr. President, the must lead in the community of nations to conflict in Kosovo, to see just how im- arrears package in this bill is a signifi- turn back threats to peace and freedom, portant the UN is to our ability to

VerDate jul 14 2003 14:17 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00010 Fmt 0686 Sfmt 0634 E:\BR99\S22JN9.000 S22JN9 13718 CONGRESSIONAL RECORD—SENATE June 22, 1999 exert positive international leadership. lars and you assess the members bean essential body, have been unable to For every day we have allowed U.S. yond their dues. That is what we owe, get a penny—a penny—toward these ar- dues to go unpaid and U.S. arrears to in large part. rears. We have been noble, myself in- mount, our leadership in the UN has I know the Senator knows this, and I cluded, in our efforts. But we haven’t been subtly, but surely undermined. As thank him for his acknowledgment of gotten a penny for those ‘‘arrears.’’ we take the important step today of our attempt to do the best we could. Where we are today is with a deci- authorizing the payment of most of But I think, as I said, on principle, we sion. That is, is it partial, more than what we owe to the UN, we just as should pay our obligations in full with partial, is it the bulk of the arrearages surely take a step toward reinforcing no conditions. to be paid, conditioned upon things U.S. leadership around the world. We should negotiate conditions from which this Secretary of State says—by This bill does not, unfortunately, au- this point on, if we want to, because I the way, the last piece of this was ne- thorize payment of the full amount the think the Senator would agree with me gotiated not by the Senator from Dela- State Department says we owe the UN. that the U.N. is a badly run outfit in ware and the Senator from North Caro- Of the $1.021 billion we acknowledge terms of its management skill. lina but by the Secretary of State that we owe, this bill only authorizes It has been the employer of first re- speaking for the President of the payment of $819 million in direct pay- sort for a significant number of coun- United States and the chairman of the ments and $107 million in debt forgive- tries, understandably. It is a bloated committee. ness. We still fall $95 million short. I bureaucracy, which has been worked The administration has been candid. look forward to working with my col- upon positively by Kofi Annan, and They said they are not sure they can leagues on the Committee to ensure there has been progress made. But it is get all of it done. They think they can. that the full amount of U.S. arrears to not an institution that we had in mind They are going to fight for it. But they the UN are paid. when we signed on in San Francisco. think it is worth the fight—that it is The amendment offered by Senator We didn’t expect it to turn out to be as worth the candlestick. SARBANES, by ensuring the authoriza- inefficient as it has, understandably. We are seized with a decision that I tion of full-funding for what the U.S. It has also done an incredible amount think is going to overwhelmingly pass, currently owes for peacekeeping is of very good work. I believe, as the which is, do we keep these conditions critical to continuing the hard-fought President said with regard to the that have been altered in light of the effort to restore U.S. standing in the United States, the United States is the passage of 2 years of time to make United Nations. By cutting the level of ‘‘essential nation.’’ I believe it is the them more likely to be able to be met, our current contributions to the UN’s essential international organization. I coupled with the $926 million paid out, regular budget and peacekeeping ac- am committed to it. as the bill calls for, much of it front- tivities as this bill does, we run the But, a friend of mine, when I used to end loaded, or do we step back and say risk of increasing our arrears in the serve on the county council in New no, we are not going to? very same bill where we are paying Castle County, DE, a Republican I know the Senator from Maryland them down. The amendment offered by named Henry Folsom came down to isn’t suggesting this. But the other al- Senator SARBANES would ensure that Washington—by the way, in the ternative is to step back and say unless we do not take one step forward and Reagan administration. Henry used to we get it all, no conditions, all the ar- two steps back on paying what we owe say, God bless his soul, ‘‘Joe, remem- rears, we are not going to do anything, to the United Nations. I strongly sup- ber. Politics is the art of the prac- we will not be creating new arrears port this amendment. tical.’’ with this deal. Mr. BIDEN addressed the Chair. Practically speaking, my pure stand By the way, even though we are au- The PRESIDING OFFICER. The Sen- of saying ‘‘no conditions and all the thorizing less than the administration ator from Delaware is recognized. money’’ was rhetorically very appeal- requested for contributions to inter- Mr. BIDEN. Mr. President, I thank ing. But it didn’t do a thing. national organizations, we are about the Senator from Maryland for his It was only, quite frankly, when the $43 million above what is needed in the statement and cooperation. I thank the Senator from North Carolina—who has first place. chairman for working out a com- been a critic over the years of the I understand the State Department promise with the Senator on his United Nations—decided we had to fix will soon announce a $28 million sur- amendment. this somehow; that we ended up over a plus in the fiscal year 1999 inter- I must say, I would be more com- period, I would say to the chairman, of national organizations account. This fortable if I could be pure on this, be- probably 2 years of talk, negotiating, would be applied to reduce the amount cause I happen to agree with the Sen- arguing, and compromising that we requested for fiscal 2000. ator from Maryland. I think we owe a ended up where we are today. Where we Also, because of exchange rate gains, total amount of probably $1.021. The are today is four-fifths or more of the the request is $20 million too high, as U.N. says we owe $1.509. We do not, in way home. of April 30. $7 million is requested for my view. I would be more comfortable Still, I for one do not like the condi- war crimes commissions in Iraq and if we could have gotten all of that. tions that precede us paying. I would Cambodia. As much as I would like to Quite frankly, I would be more com- rather say that these are conditions see the commissions, neither looks fortable, as a matter of principle, if that we hope would be met, notwith- likely in the very near future. there were no conditions. standing whether or not we would pay. Finally, there is $8 million in the So I began this process 6 years ago But we are where we are. budget request to cover exchange rate exactly where the Senator is. The ar- So this is a process. This is a process. fluctuations, but the committee bill al- rearages began to mount in larger I have spoken with all but two of the ready contains language that guards numbers, really with UNPROFOR in former Secretaries of State on this against adverse exchange rate vari- Bosnia. I know the Senator knows that matter. When I put the question to ations. Section 801(f)(1) states: a significant amount of what the them, as I did to Kofi Annan—All . . . there are authorized to be appro- United States ‘‘owes’’ is for peace- right, do you want this or do you want priated such sums as may be necessary for keeping missions. It is owed to France, nothing? —every single person involved each of the fiscal years 2000 and 2001 to offset the U.K., Italy, Belgium, Netherlands, with the United Nations to whom I adverse fluctuations in foreign currency ex- Canada, India, Pakistan, Russia, and have posed that question said: No. No change rates. Germany. It is not dues in the sense we will take this. We will take this. I am confident we have authorized that we belong to a club, or a country The truth of the matter is there are enough funds to meet our current obli- club, and you have yearly dues. This is choices. Our choices are this or noth- gations to international organizations. more like at the end of the year when ing. All of us who are devoted to the I understand the Senator’s concern and they say we ran over X amount of dol- United Nations, in terms of thinking it fear. But I do not believe when we pass

VerDate jul 14 2003 14:17 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00011 Fmt 0686 Sfmt 0634 E:\BR99\S22JN9.000 S22JN9 June 22, 1999 CONGRESSIONAL RECORD—SENATE 13719 this authorization bill, if it were appro- think I have outlined a solid political the U.N., I think the mere fact that he priated as we suggest, that we are and substantive rationalization for pro- has done this adds a credibility to the going to be further and further behind viding the lower figure. process that exceeds by far and away in this process. Finally, I emphasize again that there the dollar value that would have been It is true that we have not fully fund- is $8 million in the budget request to accomplished, had we gotten another ed the administration’s request for ar- cover exchange rate fluctuations. The $95 million or thereabouts in the ac- rears payments to the United Nations committee bill, as I said, already con- count. and other international organizations. tains language to guard against an ad- This is only the beginning of the We are $95 million short of our request. verse exchange rate. It is section fight. The Senator put his credibility As I have said, in an ideal world I 801(F)1. It states: on the line to get this done one time would like to pay our arrears to the There are authorized to be appropriated before. The House concluded that for United Nations in full, immediately, such sums as may be necessary in each fiscal reasons I will not take the time to go and without condition. But I have year 2000 and 2001 to offset the adverse fluc- into now, that it would not do this. made a judgment, and I believe the cor- tuations of foreign exchange currency rates. The House committee, our com- rect one, a pragmatic judgment, be- I still agree with my friend from parable committee, has been good on cause I know that such a proposal has Maryland. That is, I believe the real this issue. But it is a different thing no chance of passing—‘‘no conditions, hangup is the conditions. The truth of when it gets to the House floor. Al- all the money.’’ the matter is, we have basically paid though we are technically halfway In the last Congress, I asked the ad- all the arrears that we owe, that we there, if we pass this bill today, the ministration to give me a bottom line say we owe. If you accept the adminis- truth of the matter is, we are probably figure for arrears to the United Nations tration’s position that the $68 million only about 30 percent of the way there with which they could live. The admin- owed to an organization we have been because there are other hurdles on the istration responded with a memo- fighting with for 10 years, and we have House side we have to overcome. randum to me which stated they were been out of it for 3 or 4 years, that if we I truly appreciate the views of the willing not to pay $68 million in ar- do not pay the $68 million owed—and Senator from Maryland, with whom I rears to UNIDO, an organization that had we not had the House stall with agree 100 percent. I also truly appreciate the statesmanship of my friend we withdrew our membership from ear- what Senator HELMS and I put together lier in this decade. 2 years ago, we would be at the $1.021 from North Carolina who has brought Their judgment is that a total of $68 billion. Again, it would be better if us to this point. Without him, quite million in arrears is owed to an organi- even that were done. I am not arguing frankly, this couldn’t be done. That old zation in which we are not a member, that. expression we have overused, ‘‘Only and to which we have no intention of I almost hesitate to make the point, Nixon can go to China,’’ only HELMS paying membership dues. to be honest with my friend from could take us this far. That is literally true. That is not an They also told me they would apply Maryland, this is a fragile coalition we exaggeration. I thank him for that. an expected refund of $27 million from put together. I am not sure we would Hopefully, this is the beginning of a the U.N. to reduce our arrears. Unfor- get all the Republican votes we need if process that puts us in good stead, tunately, that $27 million was used to we thought we were paying everything strengthens the United Nations, and reduce the fiscal year 1998 contribu- we owed. I don’t want to go around makes it a more viable and tightly run tions because our bill got stalled in the making a big deal of the fact we are organization. House. Otherwise, we would have been paying everything we think we owe, I yield the floor. in pretty good shape. short of those two accounts, to be very The PRESIDING OFFICER (Mr. For those who are wondering how we blunt. I guess I shouldn’t be so blunt. ENZI). The Chair recognizes the Sen- came up with $926 million, if we added That is the truth of the matter, from ator from North Carolina. $68 million to the $27 million and sub- my perspective, politically. Mr. HELMS. Mr. President, listening tract that from the total of $1.021 bil- We have done a heck of a job. I don’t to my dear friend from Delaware, JOE lion we owed, then we would arrive at know whether to praise my friend or BIDEN, I harken back to the days when our figure. not, because my praise on this issue is there was very little working relation- What we did was essentially pay the probably not very helpful to him, so I ship between the two parties on the entirety of the arrearages that we won’t. But let me say there has been a Senate Foreign Relations Committee. thought were owed absent the $68 mil- very good-faith effort on the part of my Today, I think the working relation- lion they said they didn’t want to pay friend from North Carolina. This is not ship is very good. That is due to the ef- to an organization we weren’t a mem- nearly as draconian as it sounds. forts of Senator BIDEN and his desire to ber of, and not contemplating the fact Again, the single most significant make things work. they have to use the $27 million be- thing my friend from North Carolina Let me be candid. I am not in the cause this bill got slowed up. It is true extracted in return for essentially pay- mood to give away the store, and I that $27 million U.N. refund has al- ing off our arrears were the conditions haven’t given it away regarding the ready been used and, thus, is not avail- that exist. The essence of the deal is, United Nations yet. It remains to be able for arrears. But I would note that we basically paid all the arrears we say seen whether the reforms both of us this sum can be easily subtracted from we owe, if this becomes law, if this is have been demanding will be in place arrears owed to the specialized U.N. appropriated, in return for conditions early enough for this proposition, agencies. Even with the $926 million to do things I don’t disagree with my which I will discuss in just a minute, to provided in our plan, many of the spe- friend on, but I don’t think we should take place. We will see. cialized agencies will have to create or have done it the way we did. I think we I can’t tell the Senate how many expand programs to absorb the arrears should have said, pay the arrears, and, times my best friend—next to Dot payments they are going to receive. by the way, from this point on, we are Helms—Admiral Nance and I have It sounds a bit counterintuitive that not going to unless these conditions talked about this very issue. Bud a plan which is supposed to control the persist. Nance is gone now, but I remember his size of the U.N. could actually end up However, politics is the art of com- counsel on this bill. expanding it temporarily. That will be promise. The Senator from North Caro- This measure is important to me be- the short-term effect for many of the lina has made a significant com- cause it bears the name of the Admiral specialized agencies, if they decide to promise here to get us to this point. James Wilson ‘‘Bud’’ Nance State De- devise ways to spend the extra money Because of his standing on his side of partment Authorization bill. Bud is that is going to be flowing in. the aisle and, quite frankly, his stand- gone; he is at the Arlington National Again, I personally would like to ing nationally, as one who is not about Cemetery, after a distinguished career. fully fund the administration request. I to be viewed as easily taken over by I miss him.

VerDate jul 14 2003 14:17 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00012 Fmt 0686 Sfmt 0634 E:\BR99\S22JN9.000 S22JN9 13720 CONGRESSIONAL RECORD—SENATE June 22, 1999

However, both Senator BIDEN and I quired by this bill, prior to payment of Hon. WILLIAM M. DALEY, are blessed with excellent staffs. I any U.S. taxpayers’ dollars, has the Secretary of Commerce, Washington, DC. thank staff on both sides. For the mi- full support of the Secretary of State DEAR MR. SECRETARY: We regret that your nority, the Democrats, I especially and Senator BIDEN and me. These re- schedule required the cancellation of our thank the inimitable Ed Hall, Brian forms were approved by the Senate meeting with you today. There are issues McKeon, Runeet Talwar, Diana during the 105th Congress by a vote of that are vital to our industry and to the De- partment’s mission in trade law enforcement Ohlbaum, Janice O’Connell, and Joan 90 to 5, with 5 Senators absent. But, of that require us to meet together as soon as Woodward. course, those reforms were vetoed by you can do so. I am especially grateful to the Sen- the President of the United States. We feel compelled, however, since we could ate’s legislative counsel, Art In conclusion, I want to pay my re- not meet with you today, to convey to you Rynearson, and, of course, the best spects to all who have participated in immediately our emphatic disagreement part for me, the majority staff of the the building of this legislation, those with the comment attributed to you in this Senate Foreign Relations Committee. with whom I have disagreed as well as morning’s Washington Post that ‘‘the steel The staff was put together by Admiral those with whom I have agreed. All in crisis is over’’. Nance and me, but he became the chief all, I think it is a very fine bill and I The steel crisis is still very much with us. of staff of the Foreign Relations Com- am glad to have had a very small part Imports volumes are down from the disas- mittee. Steve Biegun has succeeded in it. trous levels of 1998 but are still very high by Bud Nance. He has been very artful in I yield the floor. historic standards. While imports of hot- rolled steel are down dramatically due to his contribution to this measure. Patti I suggest the absence of a quorum. The PRESIDING OFFICER. The your enforcement actions, the surge of im- McNerney, Garrett Grigsby, Marshall ports in 1998 caused inventories to balloon to Billingslea, Michael Westphal, Beth clerk will call the roll. The legislative assistant proceeded extremely high levels. These inventories Stewart, Roger Noriega—this Noriega have seriously depressed prices up until the was born in Kansas, by the way— to call the roll. present and will continue to do so until these Mr. WELLSTONE. Mr. President, I Kirsten Madison, Marc Thiessen, Sher- stocks have been worked down. Moreover, ask unanimous consent that the order ry Grandjean, Dany Pletka, who has cold-rolled imports are up dramatically for the quorum call be rescinded. just given birth to her second little through April of this year, 24% above the The PRESIDING OFFICER. Without level of the first four months of last year. girl—Richard Fontaine, Jim Doran, objection, it is so ordered. Imports of cut-to-length plate are up dra- Natasha Watson, Christa Muratore, Mr. WELLSTONE. Mr. President, we matically—25% year-to-year for this period. Laura Parker, Christa Bailey, Andrew are going to debate H.R. 975. I ask (If full year 1999 imports decline, it will only Anderson and Susan Oursler. All of unanimous consent I be allowed to per- be because of the Department’s prosecution these young people on both sides have haps speak for 5 minutes on this bill. of the cases against unfair trade that our made a mighty contribution not only The PRESIDING OFFICER. Without companies recently filed.) to the composition of the bill but the objection, it is so ordered. Prices remain extremely depressed. The fact we were able to compose it at all. producer price index for all steel mill prod- f We are working together now. I want ucts is down 9% (1999:Q2/1998/Q2). This is the largest decline in nearly 20 years. Prices for to say to my friend, Senator BIDEN, I STEEL IMPORT LIMITATION hot-rolled sheet, cold-rolled sheet and plate appreciate his friendship and his co- Mr. WELLSTONE. Mr. President, I are down 11%, 9%, and 15%, respectively. operation. I extend my congratulations think I will come back to the floor, and Operating rates have plunged from 93% to to him. depending on how many Senators are 80% between January and December 1998 and Now then, this bill addresses several out here, I will speak more on this. But have remained at the depressed level through significant oversight and authorization in this short period of time I want to the first half of 1999. The decline in operating issues that ought to be at least men- try to deal with some of the arguments rates equates to about $2 billion in lost rev- tioned before we go to a vote. on this very important cloture vote on enue in the second half of last year. On an No. 1, it proposes to strengthen and H.R. 975. There are three arguments I annualized basis, a 10% change in operating preserve the arms control verification want to address in 4 or 5 minutes. rate equals about $5 billion in revenue. functions of the U.S. Government while The first argument is that the steel (Please see the attached charts addressing the facts set out above.) addressing other nonproliferation mat- crisis is over. That is what I hear from ters as well. the White House. I say to my col- The depressed prices and operating rates No. 2, the bill authorizes a 5-year caused most American steel companies to leagues, I spent the weekend on the post losses in the most recent quarter. Sev- construction blueprint for upgrading Iron Range in northeastern Minnesota, eral steel companies have seen forced into U.S. embassies around the world to both in Duluth and on the Iron Range bankruptcy. Thousands of those who were provide secure environments for Amer- in Minnesota. If you were to speak to laid off due to unfairly traded imports are ica’s personnel overseas. Unlike the some of the 108 workers who have been still out of work. Many thousands have seen funds provided more than a decade ago laid off at EVTAC Mining, or talked to their workweeks shortened and are still not in the wake of a report by Admiral the workers at Minntac who had to back to full time. Inman calling for improved security of make all sorts of concessions last fall For our industry, therefore, this crisis is U.S. embassies, this bill would create a to avoid layoffs, or if you were to talk far from over. It is very real, and very much firewall for funding of other State De- to workers at LTV in Hoyt Lakes, you with us. partment expenditures. This, of course, would find quite another reality. I We look forward to meeting with you soon. would ensure that embassy funds are think it would be hard for the adminis- Your role in overseeing the Department’s not raided again to pay for other State vigorous enforcement of the trade laws last tration or any Senator, Republican or fall was vital in preventing what is a con- Department pet projects. I am just not Democrat, to go to the Iron Range in tinuing crisis from turning into an irrevers- going to stand for it, and this bill Minnesota, where we produce the iron ible disaster. Your prompt action taken in makes that very clear. ore for our steel, and tell these workers initiating and prosecuting cases against This bill makes some reforms to or their families that this crisis is dumping of hot-rolled steel from Japan, Rus- strengthen the Foreign Service and sig- over. This crisis is far from over. sia and Brazil was essential to curtail the nificantly, as Senator BIDEN has dis- To go to the flip side of the coin, but surge in these unfairly traded imports. The cussed at some length, the bill includes it is the same coin, I ask unanimous personal attention and energy which you the United Nations reform package. have devoted to enforcing U.S. trade laws at consent a letter dated June 18 from the the height of the import surge is deeply ap- This is not something we are going to CEOs of the major steel companies to preciated by all of us. lay on the table and say we are going Secretary Daley be printed in the The Department is proceeding now to in- to do someday. It is going to be done RECORD. vestigate other steel cases in cut-to-length now. The United Nations is going to be There being no objection, the letter plate and is due to make public its initiation reformed now or there is going to be was ordered to be printed in the decisions on the cold-rolled steel cases on trouble ahead. The reform agenda re- RECORD, as follows: Tuesday. These actions and decisions are

VerDate jul 14 2003 14:17 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00013 Fmt 0686 Sfmt 0634 E:\BR99\S22JN9.000 S22JN9 June 22, 1999 CONGRESSIONAL RECORD—SENATE 13721 vital to the future of the American steel in- be able to invest capital in these coun- him to continue. Otherwise, he can dustry. tries and take capital out at a second’s pick up afterward. Very truly yours, notice, when they wanted to put hot Mr. HARKIN. That makes sense. Hank Barnette, Chairman & Chief Execu- capital in and take hot capital out The PRESIDING OFFICER. The Sen- tive Officer, Bethlehem Steel Corpora- ator from Iowa. tion; James DeClusin, Senior Executive without any regulatory framework in Vice President, California Steel Indus- place, they were pleased to do so as Mr. HARKIN. Mr. President, I thank tries; Don Daily, Vice President & Gen- long as they were making huge profits. the chairman and ranking member, the eral Manager, Gallatin Steel; Joseph Then when they decided to pull their managers of the bill, for including the Cannon, Chief Executive Officer & capital out, these countries were left in amendment I had offered in the man- Chairman, Geneva Steel; Robert terrible trouble. When it came to agers’ packet. I thank Senators Schaal, Chairman and Chief Executive whether or not there would be IMF WELLSTONE, KOHL, LAUTENBERG, KEN- Officer, Gulf States Steel, Inc.; Roger bailouts and whether or not there NEDY, DODD, TORRICELLI, WYDEN, and Phillips, President and Chief Executive FEINGOLD for cosponsoring this sense- Officer, IPSCO Inc.; Dale E. Wiersbe, would be any kind of public dollars to President and Chief Operating Officer, help these financial interests out, of-the-Senate resolution regarding the Ispat Inland Inc.; J. Peter Kelly, Presi- again we had an administration that recent adoption in Geneva by the Inter- dent & Chief Executive Officer, LTV was all for these Wall Street interests. national Labor Organization of the Steel Company, Inc.; John Maczuzak, I come to the floor of the Senate Convention on the Worst Forms of President & Chief Operating Officer, today to say this administration ought Child Labor. National Steel Corporation; Keith to really put working families—steel- June 17, 1999 marked a historic event Busse, President & Chief Executive Of- workers of the Iron Range, steel- in the battle to end the scourge of abu- ficer, Steel Dynamics, Inc.; Paul Wil- sive and exploitative child labor. By a helm, President, U.S. Steel Group, a workers all across the country—as high Unit of USX Corporation; Richard on its list of priorities as Wall Street unanimous vote, the International Reiderer, President and Chief Execu- investors. And not just those steel- Labor Organization’s member states tive Officer, Weirton Steel Corpora- workers but the communities where approved a new Convention on the tion. they work and the communities where Worst Forms of Child Labor. Mr. WELLSTONE. Mr. President, they live. For the first time in history, the they make it clear the crisis is far from This bill, H.R. 975, is a good place to world spoke with one voice in opposi- over as well. start. I thank Senator ROCKEFELLER tion to abusive and exploitative child The global conditions at the root of for his leadership. I am proud to be out labor. Countries from across the polit- the crisis have not gone away. Imports here on the floor speaking on this leg- ical, economic, and religious spec- from the major foreign producers have islation. I hope we not only get votes trum—from Jewish to Muslim, from declined, but other countries have for cloture, but we get more than Buddhists to Christians—came to- taken their place and we see major pro- enough votes to override any Presi- gether to proclaim unequivocally that ducers shifting to different steel prod- dential veto. This is a critically impor- ‘‘abusive and exploitative child labor is ucts to get around the dumping orders. tant vote that is going to take place a practice which will not be tolerated We need this Rockefeller bill to plug within the next hour. and must be abolished.’’ the loopholes. I yield the floor. Gone is the argument that abusive Dumping cases take time. In many f and exploitative child labor is an ac- cases the relief is too little too late, or ceptable practice because of a coun- it gets negotiated away in suspension FOREIGN RELATIONS AUTHORIZA- try’s economic circumstances. Gone is agreements. I am afraid someday we TION ACT, FISCAL YEARS 2000 the argument that abusive and exploit- are going to wake up and we are not AND 2001 ative child labor is acceptable because going to have any steel industry at all. Mr. HELMS. Mr. President, before we of cultural traditions. And gone is the In my State of Minnesota we were a get into this traffic jam timewise, I argument that abusive and exploitative part of what happened in the 1980s, want the Chair to state what the situa- child labor is a necessary evil on the when we lost 350,000 steelworker jobs tion is with the time agreement so road to economic development. The and 28,000 people left the Iron Range there will be no mistake about it. United States and the international for good. As a Senator, I do not want to The PRESIDING OFFICER. At 11:35 community as a whole unanimously for let that happen again. a.m., we have a new time agreement the first time laid those arguments to The second argument that is made by that will begin with 40 minutes of de- rest and laid the groundwork to begin the administration is that we cannot bate equally divided between the two the process of ending the scourge of go forward with this bill because this is leaders, or their designees, on the clo- abusive and exploitative child labor. quota relief, and the question is wheth- ture vote on the motion to proceed on Mr. President, for the better part of a er or not quota relief is WTO-legal. H.R. 975. decade, I have been in my own capacity I see here a bit of a double standard. Mr. HELMS. So there are 5 minutes working to do what I can to end abu- When Mr. Carl Lindner from Chiquita remaining. sive and exploitative child labor Bananas had a trade complaint, the ad- The PRESIDING OFFICER. There around the globe, including in the ministration did not hesitate to slap a are 5 minutes remaining. United States. The ILO estimates that 100-percent tariff on imports from Eu- The Chair recognizes the Senator there are about 250 million children rope. But when our workers and work- from Iowa. worldwide, many as young as 6 or 7, ing families ask for some relief under Mr. HARKIN. Mr. President, I did not who are working. These are not just Section 201, which provides for quotas know that was the situation before us. part-time jobs. Many of them work in and is WTO-legal, then all of a sudden As I understand, at 11:35 a.m., under a dangerous environments which are det- there is no relief forthcoming. previous unanimous consent, there will rimental to their emotional, physical, Finally, I make a point that this cri- be 40 minutes of debate equally di- and moral well-being. sis is not the fault of steelworkers. vided. Last year, I traveled with my staff to They should not be the ones asked to The PRESIDING OFFICER. Pre- Katmandu, Nepal, and also to Paki- pay the price. I am in complete agree- ceding the vote at 12:15 p.m.; the Sen- stan, India, and Bangladesh. We were ment that we ought to care fiercely ator is correct. able to witness firsthand the abuse of about what happens in Russia, Mexico, Mr. BIDEN. Will the Senator yield? child labor. Thailand, Indonesia, Korea, and other Mr. HARKIN. I will be glad to yield. This chart shows a plant we went to countries as well, but again I see an- Mr. BIDEN. I suggest the Senator in Katmandu. It was on a Sunday. I other double standard. When our finan- start, and if no one is here to speak on was taken there by a young man who cial interests, when a lot of our Wall the steel bill, while he is still speaking, had previously been a child laborer. On Street interests, if you will, wanted to we might be able to ask consent for the outside of the gate there was this

VerDate jul 14 2003 14:17 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00014 Fmt 0686 Sfmt 0634 E:\BR99\S22JN9.000 S22JN9 13722 CONGRESSIONAL RECORD—SENATE June 22, 1999 sign in both Nepalese and English: ments. He has no protective clothing barefoot and hunched over. As you can Child labour under the age of 14 is on at all, not even for his eyes. This is see, her friends of an equal age are car- strictly prohibited. his lot in life at the ripe old age of 8. rying a similar load. I actually took this picture. Because This is what the convention, adopted in These are the worst forms of child we had information that the owner was Geneva last week, will start pre- labor. That is what this convention is gone and this young man I was with venting. all about. The convention calls on the knew the guard at the gate, we were let Mr. President, as you and many of ILO member states to take immediate in. When we were let in, I started tak- my colleagues know, President Clinton and effective actions to prohibit and ing pictures. This is one of many pic- traveled to Geneva, Switzerland, last eliminate the worst forms of child tures I have of some of the young chil- week to address the International labor. dren working in that plant. We deter- Labor Organization’s conference. He is I am looking at a chart, which is a mined their ages to be somewhere in the first President in U.S. history to photo of another young girl in India the neighborhood of 7 or 8 years. This address the ILO in its 80-year history. carrying construction material on her was about 7 or 8 o’clock on a Sunday Imagine that. I was privileged to be head. One can see her arms are night. These kids were working in very asked to accompany the President for straight, her face is dirty and sweaty, dusty, dirty conditions, and this shows this historic event. and she should be in school rather than them as virtual slaves, unable to leave, In his address to the ILO, President having all this construction material, unable to do anything but work at the Clinton spoke eloquently of the crying about 30 or 40 pounds piled on the top rug plant. need to protect all children from abu- of her head. She is also doing perma- This gives a little idea of the child sive and exploitative labor. The Presi- nent damage to her neck and spine. labor I was able to glimpse on my trip. dent said, in part: This is the sort of gross labor abuse the Had they known we were coming to There are some things we cannot and convention seeks to end. that plant, they would have taken the will not tolerate. We will not tolerate As I said, the convention defines a children out the back door and we children being used in pornography and child for these purposes as any child would not have seen any children prostitution. We will not tolerate chil- under the age of 18. It calls on member there. They would have said: See, we dren in slavery or bondage. We will not states to implement action plans to don’t have any child labor. tolerate children being forcibly remove children from the workplace to That is why it took a surreptitious cruited to serve in armed conflicts. We the classroom. UNICEF reports that action on my part to get in and take will not tolerate young children risk- over 1 billion adults will be function- the pictures, so that I could get proof ing their health and breaking their ally illiterate on the eve of the new of the child labor and the deplorable bodies in hazardous and dangerous millennium because they worked as conditions which occur not just in working conditions for hours uncon- children and were denied an education. Nepal, but all over the world. scionably long—regardless of country, That is why I am especially pleased In India, I met children who were lib- regardless of circumstance. about the importance the convention erated from hand-knotted carpet fac- I cannot agree more. I was very placed on education as a principal tories where they were chained— proud of President Clinton—proud that means for reducing instances of abu- chained, Mr. President—to looms and he was the first U.S. President in his- sive and exploitative child labor. I be- forced to work as many as 12 hours a tory to address the ILO, proud that he lieve very strongly that these child la- day, 7 days a week. These children were focused his remarks on the issue of borers must go from exploitation to nothing more than slaves. They earned child labor and on his support for this education. no money. They received no education. convention. This chart shows a list of what the They had no hope for a future until I will briefly describe the new Con- convention abolishes: Child slavery, they were freed by the South Asian Co- vention on the Worst Forms of Child child bondage, child prostitution, chil- alition Against Child Servitude, headed Labor. I ask unanimous consent that a dren in pornography, trafficking in by Kailash Satyarthi. copy of the convention be printed in children, forced recruitment of chil- I have a chart prepared with ILO the RECORD following my remarks. dren for armed conflict, recruitment of data. We see Latin America and the The PRESIDING OFFICER. Without children in the production or sale of Caribbean have about 17 million chil- objection, it is so ordered. narcotics, and hazardous work by children working; Africa, 80 million; Asia, (See exhibit 1.) dren. 153 million; and about half a million in Mr. HARKIN. The convention defines But, let me come back to the forced Oceania. That comes down to a total of the worst forms as being all forms of recruitment of children for armed con- about 250 million children worldwide. slavery, debt bondage, forced or com- flict for just a moment. We do not have Again, I want to be clear that we are pulsory labor, the sale and trafficking forced recruitment in the United not just talking about kids working of children, including forced or compul- States for children. But I am aware our after school, working part-time. That sory recruitment of children for use in Armed Forces are able to recruit chil- is not it at all. The convention that the armed conflict, child prostitution, children who are 17 years of age. Quite ILO adopted deals with children who dren producing and trafficking in nar- frankly, we need a debate in this body are chained to looms, handle dangerous cotic drugs, or any other work which, about whether or not we ought to allow chemicals, ingest metal dust, are by its nature or the circumstances in that to continue. I, for one, believe forced to sell illegal drugs, forced into which it is carried out, is likely to that the armed services ought to be prostitution, forced into armed con- harm the health, the safety, or morals held in abeyance from recruiting and flict, some of whom who work in glass of children. It also defines a child as signing up young people in the armed factories where furnace temperatures any person under the age of 18. services until they at least reach the exceed 1,500 degrees. These children are Mr. President, this is what we are age of 18. But that is a debate for an- forced to work with no protective talking about. Look at this young girl other time. equipment. They work only for the eco- in this photograph. We do not know her As I stated earlier, I believe that nomic gains of others. This is in sharp age, but from all accounts, people who children should go from exploitation to contrast to any kind of a part-time job know this area say she is probably less education. We visited a very important for some spending money for the latest than 9 years old. She and her two milestone in this effort in Dacca, Ban- CD. friends have straps around their heads, gladesh, last year when we found al- In this picture, taken in the Sialkot and she is carrying what looks like most 10,000 young children, mostly region of Pakistan, 8-year-old Moham- seven big blocks or bricks on her back girls—about 90 percent—who had been mad Ashraf Irfan is making surgical which are much to heavy for such a working in the garment factories. equipment. He is 8 years old working small child and are doing permanent After an historic agreement with the around hot metal and sharp instru- damage to her spine and neck. She is help of the ILO and the Bangladeshi

VerDate jul 14 2003 14:17 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00015 Fmt 0686 Sfmt 0634 E:\BR99\S22JN9.000 S22JN9 June 22, 1999 CONGRESSIONAL RECORD—SENATE 13723 Garment Manufacturers Export Asso- hopeful that the Committee on Foreign adopts this 17th day of June of the year one ciation, these children were moved out Relations will take up the convention, thousand nine hundred and ninety-nine the of the garment factories and into about have hearings on it, and report it out following Convention, which may be cited as 353 schools established in Dacca for as soon as possible. the Worst Forms of Child Labour Conven- tion, 1999. this sole purpose. Again, with the unanimous support Article 1 We visited a couple of those schools, of labor, government and business, I and I will just tell you, looking at see no reason why the United States Each Member which ratifies this Conven- tion shall take immediate and effective these young girls, who maybe a year should not be one of the first countries measures to secure the prohibition and before could not read or write, now to ratify this new convention. So I am elimination of the worst forms of child were standing up and reciting whole hopeful that before this session of the labour, as a matter of urgency passages from books, being able to Congress ends that the Senate will act Article 2 write, and you could see in their eyes on it and ratify the Convention on the For the purposes of this Convention, the they are not going to go back to exploi- Worst Forms of Child Labor. term ‘‘child’’ shall apply to all persons under tation. Once again, I thank Senators the age of 18. The people in Bangladesh, in the gov- WELLSTONE, KOHL, LAUTENBERG, KEN- Article 3 ernment and in industry, said it is NEDY, DODD, TORRICELLI, WYDEN, and For the purposes of this Convention, the probably one of the best things that FEINGOLD for cosponsoring this impor- expression ‘‘the worst forms of child labour’’ has happened to them, because they tant amendment. comprises: (a) all forms of slavery or practices similar are going to have a more highly edu- EXHIBIT 1 cated workforce, a more productive to slavery, such as the same and trafficking A. PROPOSED CONVENTION CONCERNING THE of children, debt bondage and serfdom and workforce, and that means their whole PROHIBITION AND IMMEDIATE ACTION FOR THE forced or compulsory labour, including standard of living is going to increase. ELIMINATION OF THE WORST FORMS OF CHILD forced or compulsory recruitment of children The convention adopted last week LABOUR for use in armed conflict; also calls on all member nations to The General Conference of the Inter- (b) the use, procuring or offering of a child identify and reach out to children at national Labour Organization. for prostitution, for the production of por- special risk and to take into account Having been convened at Geneva by the nography or for pornographic performances; the special situation of girls with re- Governing Body of the International Labour (c) the use, procuring or offering of a child Office, and having met in its 87th Session on for illicit activities, in particular for the gard to education. And I am also very production and trafficking of drugs as de- pleased about that provision. 1 June 1999, and Considering the need to adopt new instru- fined in the relevant international treaties; There are many other important elements for the prohibition and elimination of (d) work which, by its nature or the cir- ments contained in the convention the worst forms of child labour, as the main cumstances in which it is carried out, is like- which I have not mentioned. I encour- priority for national and international ac- ly to harm the health, safety or morals of age all of my colleagues to read this tion, including international cooperation children. document thoroughly. and assistance, to complement the Conven- Article 4 I would also mention another his- tion and Recommendation concerning Min- 1. The types of work referred to under Arti- toric fact about this convention. imum Age for Admission to Employment, cle 3(d) shall be determined by national laws For the first time in its history, the 1973, which remain fundamental instruments or regulations or by the competent author- U.S. tripartite group to the ILO, which on child labour, and ity, after consultation with the organiza- Considering that the effective elimination consists of representatives from gov- tions of employers and workers concerned, of the worst forms of child labour requires taking into consideration relevant inter- ernment, business and labor, went to immediate and comprehensive action, taking national standards, in particular Paragraphs Geneva to negotiate on this important into account the importance of free basic 3 and 4 of the Worst Forms of Child Labour convention, and they unanimously education and the need to remove the chil- Recommendation, 1999. agreed on the final version. dren concerned from all such work and to 2. The competent authority, after con- So I commend Secretary of Labor provide for their rehabilitation and social in- sultation with the organizations of employ- Alexis Herman and the other members tegration while addressing the needs of their ers and workers concerned, shall identify of the U.S. delegation, including Mr. families, and where the types of work so determined exist. Recalling the Resolution concerning the 3. The list of types of work determined John Sweeney, the president of the elimination of child labour adopted by the under paragraph 1 of this Article shall be pe- AFL–CIO, and Ed Potter, from the U.S. International Labour Conference at its 83rd riodically examined and revised as nec- Council on International Business, for Session, in 1996. essary, in consultation with the organiza- their leadership on this convention. Recognizing that child labour is to a great tions of employers and workers. With the adoption of the new Conven- extent caused by poverty and that the long- Article 5 tion on the Worst Forms of Child term solution lies in sustained economic Each Member shall, after consultation Labor, the ILO has written an impor- growth leading to social progress, in par- with employers’ and workers’ organizations, tant new chapter in our effort to honor ticular poverty alleviation and universal establish or designate appropriate mecha- education, and our values and protect our children. nisms to monitor the implementation of the Recalling the Convention on the Rights of provisions giving effect to this Convention. Today, in recognition of this effort, I the Child adopted by the United Nations offered a sense-of-the-Senate resolu- General Assembly on 20 November 1989, and Article 6 tion regarding the International Labor Recalling the ILO Declaration on Funda- 1. Each Member shall design and imple- Organization’s new Convention on the mental Principles and Rights at Work and ment programmes of action to eliminate as a Worst Forms of Child Labor which was its Follow-up, adopted by the International priority the worst forms of child labour. 2. Such programmes of action shall be de- accepted as part of the managers’ pack- Labour Conference at its 86th Session in 1998, and signed and implemented in consultation with age. This amendment calls upon the relevant government institutions and em- President to promptly submit to the Recalling that some of the worst forms of child labour are covered by other inter- ployers’ and workers’ organizations, taking Senate the new convention. It com- national instruments, in particular the into consideration the views of other con- mends the ILO member states for their Forced Labour Convention, 1930, and the cerned groups as appropriate. negotiating efforts and states that it United Nations Supplementary Convention Article 7 should be the policy of the United on the Abolition of Slavery, the Slave Trade, 1. Each Member shall take all necessary States to work with all foreign nations and Institutions and Practices Similar to measures to ensure the effective implemen- and international organizations to pro- Slavery, 1956, and tation and enforcement of the provisions giv- mote an end to abusive and exploita- Having decided upon the adoption of cer- ing effect to this Convention including the tive child labor. tain proposals with regard to child labour, provision and application of penal sanctions which is the fourth item on the agenda of the or, as appropriate, other sanctions. Again, it is my understanding that session, and 2. Each Member shall, taking into account very shortly President Clinton will be Having determined that these proposals the importance of education in eliminating transmitting this convention to the shall take the form of an international Con- child labour, take effective and time-bound Senate for our consideration. I am vention; measures to:

VerDate jul 14 2003 14:17 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00016 Fmt 0686 Sfmt 0634 E:\BR99\S22JN9.000 S22JN9 13724 CONGRESSIONAL RECORD—SENATE June 22, 1999 (a) prevent the engagement of children in (iv) other groups of children with special for the prohibition and elimination of the the worst forms of child labour; vulnerabilities or needs; worst forms of child labour cooperate with (b) provide the necessary and appropriate (d) identifying, reaching out to and work- each other and coordinate their activities. direct assistance for the removal of children ing with communities where children are at 10. National laws or regulations or the from the worst forms of child labour, and for special risk; competent authority should determine the their rehabilitation and social integration; (e) informing, sensitizing and mobilizing persons to be held responsible in the event of (c) ensure access to free basic education, public opinion and concerned groups, includ- non-compliance with national provisions for and, wherever possible and appropriate, vo- ing children and their families. the prohibition and elimination of the worst cational training, for all children removed II. Hazardous work forms of child labour. from the worst forms of child labour; 11. Members should, in so far as it is com- (d) identify and reach out to children at 3. In determining the types of work re- patible with national law, cooperate with special risk; and ferred to under Article 3(d) of the Conven- international efforts aimed at the prohibi- (e) take account of the special situation of tion, and in identifying where they exist, tion and elimination of the worst forms of girls. consideration should be given, inter alia to: child labour as a matter of urgency by: 3. Each Member shall designate the com- (a) work which exposes children to phys- (a) gathering and exchanging information petent authority responsible for the imple- ical, psychological or sexual abuse; concerning criminal offences, including mentation of the provisions giving effect to (b) work underground, under water, at dan- those involving international networks; this Convention gerous heights or in confined spaces; (b) detecting and prosecuting those in- (c) work with dangerous machinery, equip- volved in the sale and trafficking of children, Article 8 ment and tools, or which involves the man- or in the use, procuring or offering of chil- Members shall take appropriate steps to ual handling or transport of heavy loads; dren for illicit activities, for prostitution, assist one another in giving effect to the pro- (d) work in an unhealthy environment for the production of pornography or for por- visions of this Convention through enhanced which may, for example, expose children to nographic performances; international cooperation and/or assistance, hazardous substances, agents or processes, (c) registering perpetrators of such including support for social and economic or, to temperatures, noise levels, or vibra- offences. development, poverty eradication programs, tions damaging to their health; 12. Members should provide that the fol- and universal education. (e) work under particularly difficult condi- lowing worst forms of child labour are crimi- B. PROPOSED CONVENTION CONCERNING THE tions such as work for long hours or during nal offences: (a) all forms of slavery or practices similar PROHIBITION AND IMMEDIATE ACTION FOR THE the night or work where the child is unrea- to slavery, such as the sale and trafficking of ELIMINATION OF THE WORST FORMS OF CHILD sonably confined to the premises of the em- children, debt bondage and serfdom and LABOUR ployer. forced or compulsory labour, including 4. For the types of work referred to under The General Conference of the Inter- forced or compulsory recruitment of children Article 3(d) of the Convention and Paragraph national Labour Organization, for use in armed conflict; Having been convened at Geneva by the 3 above, national laws or regulations, or the (b) the use, procuring or offering of a child Governing Body of the International Labour competent authority, may, after consulta- for prostitution, for the production of por- Office, and having met in its 87th Session on tion with the workers’ and employers’ orga- nography or for pornographic performances; 1 June 1999, and nizations concerned, authorize employment and Having adopted the Worst Forms of Child or work as from the age of 16, on condition (c) the use, procuring or offering of a child Labour Convention, 1999, and that the health, safety and morals of the for illicit activities, in particular for the Having decided upon the adoption of cer- children concerned are fully protected, and production and trafficking of drugs as de- tain proposals with regard to child labour, the children have received adequate specific fined in the relevant international treaties, which is the fourth item on the agenda of the instruction or vocational training in the rel- or for activities which involve the unlawful session, and evant branch of activity. carrying or use of firearms or other weapons. Having determined that these proposals III. Implementation 13. Members should ensure that penalties shall take the form of a Recommendation 5. (1) Detailed information and statistical including, where appropriate, criminal pen- supplementing the Worst Forms of Child data on the nature and extent of child labour alties are applied for violations of the na- Labour Convention, 1999; should be compiled and kept up to date to tional provisions for the prohibition and adopts this 17th day of June of the year one serve as a basis for determining priorities for elimination of any type of work referred to thousands nine hundred and ninety-nine the national action for the abolition of child in Article 3(d) of the Convention. following Recommendation, which may be labour, in particular for the prohibition and 14. Members should also provide, as a mat- cited as the Worse Forms of Child Labour elimination of its worst forms, as a matter of ter of urgency, for other criminal, civil or Recommendation, 1999. urgency. administrative remedies, where appropriate, 1. The provisions of this Recommendation (2) As far as possible, such information and to ensure the effective enforcement of na- supplement those of the Worst Forms of statistical data should include data tional provisions for the prohibition and im- Child Labour Convention, 1999 (hereafter re- disaggregated by sex, age group, occupation, mediate elimination of the worst forms of ferred to as ‘‘the Convention’’), and should branch of economic activity and status in child labour, such as special supervision of be applied in conjunction with them. employment, school attendance and geo- enterprises which have used the worst forms I. Programmes of action graphical location. The importance of an ef- of child labour, and, in cases of persistent violation, consideration of temporary or per- 2. The programmes of action referred to in fective system of birth registration, including the issuing of birth certificates, should manent revoking of permits to operate. Article 6 of the Convention should be de- 15. Other measures aimed at the prohibi- be taken into account. signed and implemented, as a matter of ur- tion and immediate elimination of the worst (3) Relevant data concerning violations of gency, in consultation with relevant govern- forms of child labour might include the fol- national provisions for the prohibition and ment institutions and employers’ and work- lowing: ers’ organizations, taking into consideration immediate elimination of the worst forms of (a) informing, sensitizing and mobilizing the views of the children directly affected by child labour should be compiled and kept up the general public, including national and the worst forms of child labour, their fami- to date. local political leaders, parliamentarians and lies and, as appropriate, other concerned 6. The compilation and processing of the the judiciary. groups committed to the aims of the Conven- information and data referred to in Para- (b) involving and training employers’ and tion and this Recommendation. Such pro- graph 5 above should be carried out with due workers’ organizations and civic organiza- grams should aim at, inter alia: regard for the right to privacy. tions; (a) identifying and denouncing the worst 7. The information compiled under Para- (c) providing appropriate training for gov- forms of child labour; graph 5 should be communicated to the ernment officials concerned, especially in- (b) preventing the engagement of children International Labour Office on a regular spectors and law enforcement officials, and in or removing them from the worst forms of basis. for other relevant professionals; child labour, protecting them from reprisals 8. Members should establish or designate (d) providing for the prosecution in their and providing for their rehabilitation and so- appropriate national mechanisms to monitor own country of the Member’s nationals who cial integration through measures which ad- the implementation of national provisions commit offences under its national provi- dress their educational, physical and psycho- for the prohibition and elimination of the sions for the prohibition and immediate logical needs: worst forms of child labour after consulta- elimination of the worst forms of child (c) giving special attention to: tion with employers’ and workers’ organiza- labour even when these offences are com- (i) younger children; tions. mitted in another country; (ii) the girl child; 9. Members should ensure that the com- (e) simplifying legal and administrative (iii) the problem of hidden work situations, petent authorities which have responsibil- procedures and ensuring that they are appro- in which girls are at special risk; ities for implementing national provisions priate and prompt;

VerDate jul 14 2003 14:17 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00017 Fmt 0686 Sfmt 0634 E:\BR99\S22JN9.000 S22JN9 June 22, 1999 CONGRESSIONAL RECORD—SENATE 13725 (f) encouraging the development of policies Mr. BIDEN. My friend from Iowa is offer the managers’ amendment and it by undertakings to promote the aims of the correct. This is an important Conven- be considered agreed to. Finally, I ask Convention; tion and I assure you that from my there be 5 minutes equally divided be- (g) monitoring and giving publicity to best tween the chairman and ranking mem- practices on the elimination of child labour; point of view this new Convention on (h) giving publicity to legal or other provi- the Worst Forms of Child Labor should ber for closing remarks, that the bill sions on child labour in the different lan- be a high priority. I am aware that this then be read a third time, and the Sen- guages or dialects; Convention pertains to abolishing child ate proceed to a vote on passage of the (i) establishing special complaints proce- slavery, child prostitution and other bill, with no intervening action or de- dures and making provisions to protect from hazardous work endangering a child’s bate. discrimination and reprisals those who le- well-being. Therefore, I will work with The PRESIDING OFFICER. Is there gitimately expose violations of the provi- the Chairman of the Committee to try objection? sions of the Convention, as well as estab- Mr. BIDEN. Reserving the right to lishing help lines or points of contact and to bring this treaty before the Com- ombudspersons; mittee as soon as practical after it is object, I ask the Senator to withhold (j) adopting appropriate measures to im- submitted by the President. that request. I know he was doing it as prove the educational infrastructure and the a favor. I appreciate it very much, but f training of teachers to meet the needs of two things intervened in the last 5 boys and girls; REDUCTION IN VOLUME STEEL minutes. I ask him to withhold that (k) as far as possible, taking into account IMPORTS—MOTION TO PROCEED unanimous consent request for now. in national programs of action the need for Mr. SANTORUM. I withhold the re- job creation and vocational training for the CLOTURE MOTION quest. parents and adults in the families of the chil- The PRESIDING OFFICER. Under The PRESIDING OFFICER. Who dren working in the conditions covered by the previous order, the hour of 11:35 yields time? the Convention and the need for sensitizing a.m. having arrived, there will now be parents on the problem of children working PRIVILEGE OF THE FLOOR in such conditions. 40 minutes of debate equally divided Mr. ROTH. Mr. President, I ask unan- 16. Enhanced international cooperation between the two leaders, or their des- imous consent that Holly Vineyard, a and/or assistance among Members for the ignees, prior to the cloture vote on the Finance Committee detailee from the prohibition and effective elimination of the motion to proceed to H.R. 975, which Department of Commerce, be granted worst forms of child labour should com- the clerk will report. floor privileges during the pendency of plement national efforts and may, as appro- The legislative assistant read as fol- H.R. 975. priate, be developed and implemented in con- lows: sultation with employers’ and workers’ orga- The PRESIDING OFFICER. Without nizations. Such international cooperation CLOTURE MOTION objection, it is so ordered. and/or assistance should include: We the undersigned Senators, in accord- Mr. SANTORUM addressed the Chair. (a) mobilizing resources for national or ance with the provisions of rule XXII of the The PRESIDING OFFICER. The Sen- international programmes; Standing Rules of the Senate, do hereby ator from Pennsylvania. (b) mutual legal assistance; move to bring to a close debate on the mo- Mr. SANTORUM. I yield myself 3 (c) technical assistance including the ex- tion to proceed to Calendar No. 66, H.R. 975, minutes. change of information; the steel import limitation bill: The PRESIDING OFFICER. The Sen- (d) support for social and economic devel- Trent Lott, Rick Santorum, Mike ator from Pennsylvania is recognized opment, poverty eradication programmes DeWine, Jesse Helms, Ted Stevens, for 3 minutes. and universal education. Harry Reid, Byron Dorgan, Orrin Mr. SANTORUM. Mr. President, I ILO CONVENTION Hatch, Jay Rockefeller, Robert C. Byrd, Robert Torricelli, Fritz Hollings, rise today in support of the cloture mo- Mr. HARKIN. Mr. President, as my tion on the motion to proceed to the good friend from Delaware is aware, Pat Roberts, Arlen Specter, Richard Shelby, and Craig Thomas. issue of steel quotas. last week the International Labor Or- The PRESIDING OFFICER. Who Senator ROCKEFELLER, who is my ganization (ILO) unanimously adopted counterpart on the Democratic side a new Convention on the Worst Forms yields time? Mr. SANTORUM addressed the Chair. leading this debate, and I are not peo- of Child Labor. This Convention calls ple who have come to the floor of the on ILO Member States to take imme- The PRESIDING OFFICER. Who yields time to the Senator from Penn- Senate in favor of quotas. In fact, we diate and effective actions to prohibit think we are driven to this point as and eliminate the worst forms of child sylvania? Mr. SANTORUM. Mr. President, I people who believe in free and fair labor. The Convention also defines the trade, to ask the Senate to consider worst forms of child labor as: all forms control the time in favor of the cloture motion. imposing quotas on the dumping of of slavery, debt bondage, forced or steel in this country by foreign na- compulsory labor, or the sale and traf- The PRESIDING OFFICER. The Sen- ator from Pennsylvania. tions. ficking of children, including forced or It is remarkable what has occurred. compulsory recruitment of children for UNANIMOUS CONSENT REQUEST—S. 886 It is unprecedented what has occurred use in armed conflict; child prostitu- Mr. SANTORUM. Mr. President, I in the steel industry over the past 21⁄2 tion; children producing and traf- have a unanimous consent request years. We have seen the level of steel ficking of narcotic drugs; or any other from the leader. rise, as far as imports into this coun- work which by its nature or the cir- I ask unanimous consent that not- try, two, three, four, five times the cumstances in which it is carried out, withstanding rule XII, immediately amount from some countries in the is likely to harm the health, safety, or following the 12:15 p.m. vote, Senator past 21⁄2 years—and it continues. morals of children. It also defines a DODD be recognized to speak relative to One of the mantras I hear from the child as any person under the age of 18. the State Department authorization administration, which is lobbying I was privileged to travel with the bill for up to 15 minutes. I further ask against this bill, is that the crisis is President to the ILO where he ad- unanimous consent that following his over. I can say that in the case of dressed the delegates on child labor remarks, the Senate stand in recess China, for example, the world’s largest and affirmed the United States Govern- until 2:15 p.m. for the policy con- producer, just in the first 4 months of ment support of this important Con- ferences. I also ask that at 2:15 p.m. this year their dumping was up 80 per- vention. today, there be 5 minutes equally di- cent—their imports were up 80 percent. Would the Senator from Delaware vided for debate on the Feingold So if the crisis is over, why then was agree that this important and historic amendment, and following that debate, the largest steel manufacturer dump- Convention should be considered as a the Senate proceed to a vote on the ing more steel into our market in the high priority item and considered in a Feingold amendment No. 692. I ask first 4 months of this year? timely fashion after submission to the unanimous consent that following the We have a continuing problem. What Senate by the President? vote, Senator HELMS be recognized to Senator ROCKEFELLER and I, and others

VerDate jul 14 2003 14:17 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00018 Fmt 0686 Sfmt 0634 E:\BR99\S22JN9.000 S22JN9 13726 CONGRESSIONAL RECORD—SENATE June 22, 1999 who have joined us in this cause, are about $29 a ton. This represents a wind- I yield myself 30 seconds. suggesting is something, frankly, that fall of $800 million to the lucky foreign Let me address one last point. is very modest. We are suggesting a producers who get their goods into the For some of my colleagues, this may quota for 3 years to stop this out- United States under the quota, with be seen as a free vote. I, like many, rageous and, I might add, illegal dump- the price tag being paid by the Amer- hope the President will have the cour- ing. ican people. age to veto this legislation if it does We have won or are winning every While the bill does enrich certain for- pass. But we have to remember that single dumping case in the inter- eign producers, it also poses a grave the American people sent us to Con- national arena. Every single case we threat to our economy. For every 1 job gress to further their national inter- are winning because of the illegality of in the steel industry, there are 40 jobs ests. Let’s not disappoint them. what is being done by our foreign com- in the steel-using industries. These 40 I urge my colleagues to vote against petitors in the steel industry. workers manufacture autos, industrial cloture. What we are asking is not to go to a machinery, kitchen appliances, and The PRESIDING OFFICER. Who low rate of imports; what we are ask- other products. All these jobs will be at yields time? Mr. SANTORUM. Mr. President, I ing is to go to a rate of import into risk as a result of the quota bill, be- yield 4 minutes to the distinguished this country, a share of imports in the cause this legislation seeks arbitrary junior Senator from West Virginia, domestic market equal to a level that limits on the amount of steel coming who has been a tremendous leader on has only been reached four times in the into our country. And the quotas apply this issue. past 30 years. So arguably we are set- regardless of domestic demand and re- Mr. ROCKEFELLER. I thank my col- ting the bar very high. gardless of whether the type of steel is league from Pennsylvania, who equally We are not going in to protect an in- even produced in the United States. has been a distinguished leader on this dustry that is inefficient or that is un- To make matters worse, this measure would actually help foreign companies issue. competitive. The steel industry today Mr. President, the previous speaker, is the most productive, competitive, that compete against American steel- using industries both in the United my esteemed chairman of the Finance and efficient steel industry in the Committee, talked about voting on a world. Yet they are being wiped out by States and abroad. For instance, U.S. automakers would be forced to pay quota bill. We are not voting on a subsidized, illegally dumped steel, cost- quota bill today. We are voting on a ing us thousands of good-paying jobs higher prices for steel than their foreign competitors. This would disadvan- motion to proceed. This whole steel sit- and thousands of families not going uation is very complex. Most States do home with paychecks to support their tage American companies in our market and in the foreign markets in not produce steel, and a lot of people children. do not know about some of the com- I am very hopeful that we can get a which they compete. The impact on jobs and on the economy could be se- plexities. bipartisan vote today to at least move We deserve debate on this. Tradition- to proceed to the bill. That is all this vere. This bill would also put us at risk of ally, in the Senate we do that. That is vote does. It says let’s put this issue retaliation by our trading partners. what we are here for, to iron out issues front and center in the Senate, let’s Our farmers are well aware of this risk. in a rational way. point out to our competitors around That is why 21 leading agriculture The steel crisis is not over. It is not the globe that the Senate is not going groups signed a letter last week stating over at all. You talk to any steel CEO. to step aside and allow this illegal their strong opposition to this legisla- They know it is not over. I will just dumping to continue, that we are going tion. These include the American Farm give one statistic. That is all I will to debate it, that we take this issue Bureau Federation, the National Coun- give. very seriously, and that we are not cil of Farm Cooperatives, the National If you take the first 4 months of 1999, going to allow this kind of illegal ac- Association of Wheat Growers, the Na- which brings us almost up to today, tion to continue. tional Cattlemen’s Beef Association, versus the first 4 months of 1998, which I know my 3 minutes are up. I reserve and others. As these groups understand was the worst of the steel crisis, yes, the remainder of my time. all too well, passage of this legislation the steel import crisis has abated a lit- The PRESIDING OFFICER. Who will threaten our access to foreign tle bit, but only 5 percent from the all- yields time? markets at a time when these markets time historic high in the dumping of Mr. ROTH addressed the Chair. are most needed for our businesses and subsidized steel. It has decreased by a The PRESIDING OFFICER. The Sen- our farmers. total of 5 percent across the steel front. ator from Delaware. If we decide to go down the path of So the crisis remains with us. It is a Mr. ROTH. I yield myself 3 minutes. quotas, we must also keep in mind that very serious matter. It disrupts and The PRESIDING OFFICER. The Sen- the price will ultimately be paid by the undoes communities, sections of States ator from Delaware. American consumer. across this country, not just West Vir- Mr. ROTH. Mr. President, I rise I yield myself 1 more minute. ginia, Pennsylvania, and Utah, but the today to express my opposition to H.R. By raising the average price of prod- rest of them. I do not think we have 975 and to urge my colleagues, in the ucts made with steel, the quota con- done what we could have done to en- strongest terms possible, to vote no on stitutes an artificial tax on ordinary force our trade laws. They are very cloture. Let me explain why. Americans regardless of wealth or in- clear. The administration has not done Our steel industry faces a serious come. Keep in mind that the tax will what it could have done. But that day challenge as a result of foreign com- not be insignificant. According to the is past. So we have to do what we have petition. That challenge stems from Institute of International Economics to do, and that brings us to the quota the persistent overcapacity in the glob- study, the bill will, at most, save 1,700 bill. This is not the bill itself; this is al steel industry that is the legacy of jobs in the steel industry but will do so the motion to proceed to discuss what decades of foreign government inter- at a cost to the economy of about we are going to do as a result of that ventionism. $800,000 a job. For us to put such a bur- vote. The quota bill, however, does nothing den on the American people is uncon- I think we have a moral obligation to to eliminate this overcapacity. What scionable. our steelworkers and to ourselves to the quota bill does do is simply lock in With that said, let us not forget that honorably and fairly discuss something a certain share of our market—the the import surge the quotas are de- that is very complex and which needs quota amount—for foreign imports at a signed to address appears to be over. In our very closest attention. vastly inflated price. fact, imports of all steel products for I thank the Presiding Officer and According to a study by the Institute the first 4 months of this year were yield the remainder of my time. for International Economics, this bill below the imports for the same period The PRESIDING OFFICER. Who would raise steel import prices by in 1997, well before the surge began. yields time?

VerDate jul 14 2003 14:17 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00019 Fmt 0686 Sfmt 0634 E:\BR99\S22JN9.000 S22JN9 June 22, 1999 CONGRESSIONAL RECORD—SENATE 13727 Mr. ROTH. Mr. President, I yield 3 and I am mystified by statements sug- Guarantee Program. It provides a cash minutes to the distinguished Senator gesting that the Emergency Steel Loan flow for financially damaged steel com- from New York. Guarantee Bill is a competing interest panies and it will enable them to invest The PRESIDING OFFICER. The Sen- against the quota bill. in further modernization. It will save ator from New York is recognized. I am here to set the record straight. jobs that are at risk from illegal im- Mr. MOYNIHAN. Mr. President, I rise As a result of global financial chaos, ports. Likewise, this Senate should en- with a measure of respect for all the in 1998, a record level of 40 million tons sure that the need for the loan guar- parties to this question before us but of cheap and illegally dumped imported antee program is minimized by casting with one absolute conviction, which is steel flooded the U.S. market. That a vote that will stop the illegal dump- that what is proposed with this legisla- represents an 83 percent increase over ing of foreign steel. The quota bill will tion, what has passed the House of Rep- the 23 million tons average for the pre- stop the cheating and finally provide resentatives, is illegal under inter- vious eight years! The result has been U.S. steel mills with an international national law. That, sir, is a law we cre- the loss of 10,000 steel jobs, and the playing field that is fair. ated as the one party that emerged bankruptcy of several U.S. steel mills. I thank the distinguished Senator from World War II with its economy in- While both bills are before the Senate from Pennsylvania, Mr. SANTORUM, for tact and the lesson of the protec- because of the steel import crisis—one his courtesy and kindness. I thank my tionism that began on this floor, sir, in has been passed and the conferees colleague from West Virginia, Mr. 1930 with the Smoot-Hawley Tariff Act. thereon were appointed yesterday—the ROCKEFELLER, for his leadership in this matter. It spread throughout the world. If you quota bill and the Emergency Steel Loan Guarantee Bill serve vastly dif- I yield the floor. want a short list of the causes of the Mr. ROTH. Mr. President, I yield 3 ferent purposes, and both deserve sup- Second World War, that was one. The minutes to Senator GRASSLEY. American leaders, during the 1930s, port from every member in the Senate. The PRESIDING OFFICER. The Sen- with Cordell Hull, began the trade The quota bill is a long-term solution ator from Iowa. agreements program; and then we had to the steel import crisis. The quota Mr. GRASSLEY. Mr. President, we hoped to have an international trade bill would cap steel imports at a level are about to vote on a very major and organization as part of a triad with the that equals the average amount of very dangerous revision of U.S. trade International Monetary Fund and the steel that came into U.S. markets in policy, and we are going to do it with- World Bank. Again, it failed in the Fi- 1995, 1996, and the first half of 1997. The out the benefit of a hearing and, quite nance Committee. But in Geneva, a measure would take effect immediately frankly, we are doing it under great po- temporary ad hoc arrangement was put and prohibit any country from sending litical pressure. That is not a very good together, the General Agreement on more steel to the United States than it environment. Tariffs and Trade; it was temporary for did in July of 1997. The quotas would If we give in to pressure to enact about 45 years. But we acquired great terminate in three years. The Presi- quota legislation, we will do great respect for the rules, and 51 years ago, dent could achieve these import limits harm. I believe the proponents are all sir, article 11 of the General Agreement by imposing quotas, tariff surcharges, acting, of course, with the best of in- stated: negotiated enforceable voluntary ex- tentions. Yet we must not allow our No prohibitions or restrictions, other than port restraint agreements, or other desire to help a troubled industry in duties or other charges, can be made through means. the short term do long-term damage to import quotas, export licenses, or other The Emergency Steel Loan Guar- our economy. measures. None shall be instituted or main- antee Program which passed the Sen- Sixty-nine years ago, Congress tained by any contracting party on the im- ate last week is a helping hand to U.S. passed the Smoot-Hawley Tariff Act, portation of any product. steel mills that have been injured by and they did it with the best of good Now, sir, if we were to do this, there the cheap and illegal imports. It is a intentions. Its aim was to help the would be immediate retaliation. And it short-term assistance program to aid American farmer, with a limited up- would be illegal. It is uncalled for. The U.S. steel mills during their hour of ward revision of tariffs on foreign law says you may not do what is being need. It does not address the under- produce. But it had the opposite effect. proposed, and other parties, as former lying critical problem of both cheap It strangled foreign trade. It deepened Senator Baker would say, ‘‘having no and illegally dumped imported steel and widened the severity of the Great dog in this fight,’’ would find them- that continues to adversely impact Depression. selves retaliated against, as would the U.S. steel mills. While essential to aid- Other countries faced with deficits agricultural industry. I plead, let’s ing thousands of hardworking Ameri- and exports had to pay for their imports, and they responded by applying abide by the laws we helped to create. cans, the steel loan guarantee program quotas and embargoes on American I yield the floor. is no substitute, nor was it intended to goods. Mr. SANTORUM addressed the Chair. be, for the long-term solution that is I think the history of the depth and The PRESIDING OFFICER. The Sen- offered by the quota bill. the severity of the retaliation against ator from Pennsylvania is recognized. The House of Representatives passed U.S. agricultural products from that Mr. SANTORUM. Mr. President, I the quota bill by a vote of 289 yeas to period is shocking, because our foreign yield to the senior Senator from West 141 nays. Now it is the Senate’s turn to buyers stopped buying our agricultural Virginia. send a vigorous message to our trading products in retaliation. The PRESIDING OFFICER. The Sen- partners that this nation will not idly In 1930, the United States exported ator from West Virginia, Mr. BYRD, is sit by while another American industry just over $1 billion worth of agricul- recognized. is shipped abroad. tural goods. By 1932 that amount had Mr. BYRD. Mr. President, I thank my Last week, I strongly urged my col- been cut in half. Almost every Amer- friend from Pennsylvania. I am one of leagues to support the Emergency ican export sector was hit by foreign the original cosponsors of the quota Steel Loan Guarantee Program. It is a retaliation but particularly agri- bill. I urge my colleagues to support fair and important measure for the culture. cloture. I compliment my very able U.S. steel industry and thousands of As the United States agricultural ex- colleague, JAY ROCKEFELLER, for his hardworking Americans. Let there be ports fell in the face of foreign retalia- diligent work on this matter. I also no mistake: members can not hide be- tion, farm prices fell sharply, weak- compliment Mr. SANTORUM, our col- hind one vote and claim to have solved ening the solvency of our rural banks. league from Pennsylvania, for his the crisis in our domestic steel indus- Their weakened condition undermined equally good work. try. The Senate must act to help the deposit confidence leading to the runs The quota bill is a critical measure U.S. steel industry on a long-term on the banks and bank failures, and ul- in addressing the steel import crisis basis as well. This Senate acted wisely timately the contraction of money sup- that is confronting U.S. steel mills, in passing the Emergency Steel Loan ply.

VerDate jul 14 2003 14:17 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00020 Fmt 0686 Sfmt 0634 E:\BR99\S22JN9.000 S22JN9 13728 CONGRESSIONAL RECORD—SENATE June 22, 1999 Farm prices for many agricultural top of existing trade rules. Maintaining strongest and most productive econ- products are already at rock bottom consistency in our trade policy is of ut- omy on earth. Now is not the time for levels. Can we in good conscience put most importance, given that the U.S. is this government to reverse an eco- so much of our economy at risk with the world’s largest trading country. nomic policy that has served it so well. this legislation? Furthermore, The United States will Steel quotas are wrong for the In 1998, the United States exported host the WTO ministerial meeting in world’s economy, and by definition agricultural products worth $53 billion, Seattle later this year. The success of America’s economy. In this era of glob- accounting for one-third of America’s these ongoing international trade talks al business, open markets are essential total agricultural products, and nearly depends on our credibility and compli- to international prosperity. In the 1 million jobs. Agriculture is perhaps ance with those rules. midst of the Asian economic crisis, the most vulnerable sector of our econ- We must recognize that imposing on American leadership in keeping mar- omy to foreign retaliation, and our steel imports may affect other impor- kets open has prevented a global finan- trading partners know it. tant U.S. industries as well. In Mis- cial meltdown. The U.S. and its allies Retaliation is not a thing of the past. sissippi there are wire producers, ship- have spent years developing an inter- It is a hardball tactic that is fre- builders and manufacturers who pro- national trading system. Treasury Sec- quently used as an instrument of na- vide thousands of jobs and whose prod- retary Robert Rubin was not exag- tional policy. Just look at the recent ucts contribute to our strong U.S. gerating last week when he warned history. Japan threatened to retaliate economy. And, when retaliations occur that the steel quota bill could set off a when we took some action against as a result of our implementation of wave of market access restrictions that them. In 1983, China temporarily quotas, they will undoubtedly affect would undermine this system and stopped buying U.S. wheat in retalia- other sectors of our economy, includ- threaten the world’s financial health. tion of another President’s protec- ing agriculture. Steel quotas are also wrong for the tionist policies. In Mississippi alone agriculture ex- American economy. There is no ques- We have to learn from the past, and ports of cotton, soybeans, poultry, rice tion that open markets present some we have to say if it is bad for agri- and meat account for $850 million and difficult challenges for American com- culture, it is bad for America. 13,900 jobs according to the USDA and panies. They lead to stiffer competi- The PRESIDING OFFICER. Who Census Bureau. The American Farm tion and force greater efficiency. But yields time? Bureau reports that exports constitute open markets also mean greater oppor- Mr. SANTORUM. Mr. President, I more than one-third of all U.S. agricul- tunities. As a nation, we are suc- yield 1 minute to the Senator from tural sales. More than 1 million Ameri- ceeding. The United States is the Michigan. cans today have jobs dependent on U.S. strongest and most prosperous nation Mr. LEVIN. Mr. President, I thank agricultural exports, including farm- on earth. We have the most skilled my friend from Pennsylvania. ing, food processing and transpor- workforce, the most productive fac- I would like to address a question to tation. tories and the most innovative think- the chairman of the committee to see The Coalition to Promote U.S. Agri- ers anywhere in the world. Our com- if he would be willing to consider this cultural Exports reports that every one mitment to open markets has played a question. It has to do with a bill which billion dollars in exports helps create key role in this success. the good Senator from Delaware intro- as many as 17,000 new jobs. In light of In my home state of Alaska, for ex- duced to modify section 201 of the the market crises abroad in Asia, Rus- ample, international trade is a vital Trade Act of 1974 in order to strengthen sia, and the New Independent States of part of the economy. Last year, Alas- the utility of that section. the former Soviet Union, it is more im- kan companies exported more than 750 I am wondering whether or not on portant than ever to assist the agricul- million dollars worth of merchandise this bill, which was ordered reported, I tural community by maintaining its to foreign countries. And that was an understand, by the Finance Committee access to the world’s markets. This is off year in my state because of the last Wednesday—it is the chairman’s the key to economic recovery of the Asian flue—in most years, our mer- intention to press for Senate consider- farm sector. chandise exports total nearly 1 billion ation. U.S. agricultural and manufacturing dollars. Mr. ROTH. I say to my distinguished exports totaled more than $680 billion For many reasons, the quota bill will colleague that is my intent. We think last year. If Congress imposes quotas do more harm to the American econ- it is a valuable change. We hope to inconsistent with WTO rules, all U.S. omy than good. First, the steel quota have it on the floor. industries may be targets for retalia- bill will provoke foreign countries to Mr. MOYNIHAN. May I say that the tion, putting at risk the revenues and retaliate against our exports. And the Senator from New York offered that jobs these industries and their exports United States will be in no position to legislation, and it was welcomed by the produce. It is these very WTO agree- complain. The international trading chairman. It is a bipartisan measure. ments which enable our trading part- system—the one that we played a lead- Mr. COCHRAN. Mr. President, impos- ners to retaliate against our exports. ing role in creating—authorizes coun- ing quotas on the importation of for- This legislation’s protection for the tries to retaliate against those who eign steel to protect some U.S. steel specialized steel industry will lead to erect trade barriers such as quotas. producers will have several negative ef- protectionism. For the good of all U.S. This retaliation will be devastating to fects on the domestic and world econ- industries—as well as agriculture— our farmers and factory workers. It omy. open markets, free, and fair trade, and will cost many more American jobs The best way to combat illegal trade a rules-based international trading sys- than it will save. As American compa- practices is to adopt trade laws that tem ought to be the principles on nies lose sales abroad, they will be are compatible with World Trade Orga- which we base our trade laws. forced to cut jobs and close doors at nization rules. We already have in Mr. MURKOWSKI. Mr. President, I home. place section 201, dealing with tem- rise today to express my opposition to Second, the quota bill will deny porary import surges and section 301, the steel quota bill, H.R. 975. Simply American manufacturers the steel they regarding anti-dumping. They have put, steel quotas are wrong. The pro- need to make their products. Domestic both proven effective in recent months tectionist measures proposed in this steel companies are only able to meet in altering the steel trade balance. legislation represent a failed trade pol- about 75 percent of the demand for Steel imports are already subject to icy that the United States abandoned steel in this country. As a result, steel over 100 outstanding antidumping and long ago. For the last 50 years, the quotas could create dangerous steel countervailing duty orders. Congress United States has been the world’s shortages—shortages that hurt the oil should not judge the outcome of these leading advocate of open markets. At industry in Alaska. In addition, the investigations by imposing quotas on the same time, we have grown to be the quota bill is completely insensitive to

VerDate jul 14 2003 14:17 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00021 Fmt 0686 Sfmt 0634 E:\BR99\S22JN9.000 S22JN9 June 22, 1999 CONGRESSIONAL RECORD—SENATE 13729 the types of steel that American com- compete against unfair, illegal, preda- companies sent a letter to the Sec- panies need. There are many special tory trade practices. retary of Commerce Daley in response types of steel that simply are not made Steel is a part of our everyday life— to his comment last week that the in the U.S. Quotas could completely we drive steel cars, work in steel build- steel crisis is over—said Secretary deny American companies access to ings, and our national security is pro- Daley. This letter, dated June 18, 1999, those special types of steel, forcing tected by steel aircraft carriers. We says, in pertinent part, the following: them to reduce the quality of their must do everything we can to preserve products or move their production our steel industry. The steel crisis is still very much with us. overseas. That is why I am proud to be a co- Imports volumes are down from the disas- Finally, by making a critical raw sponsor of the legislation we are con- trous levels of 1998 but are still very high by historic standards. While imports of hot- material more expensive, steel quotas sidering today. This bill would place rolled steel are down dramatically due to will put many of our products at a restrictions on steel imports for three your enforcement actions, the surge of im- world market disadvantage. Because years. It also authorizes the President ports in 1998 caused inventories to balloon to American manufacturers will be forced to take steps to ensure that steel im- extremely high levels. These inventories to pay more for steel than their foreign ports return to pre-crisis levels. The have seriously depressed prices up until the competitors, their products will be Secretaries of the Treasury and Com- present and will continue to do so until these more expensive. Again, the steel quota merce will enforce the regulations on stocks have been worked down. bill will result in lost sales abroad and steel imports. I think these are impor- Prices remain extremely depressed. The lost jobs at home. tant steps to revitalize our steel indus- producer price index for all steel mill prod- For all of these reasons, we must not try. ucts is down 9% (1999:Q2/1998/Q2). This is the pass the steel quota bill. It is wrong for We owe it our hardworking, dedi- largest decline in nearly 20 years. Prices for hot-rolled sheet, cold-rolled sheet and plate the United States and wrong for the cated steel workers. The work week of are down 11%, 9%, and 15%, respectively. world’s economy. As Federal Reserve many at Bethlehem Steel has been Chairman Greenspan recently warned, shortened. This means less food on the The depressed prices and operating rates caused most American steel companies to it will indeed be a great tragedy if we table. This means late mortgages, post losses in the most recent quarter. Sev- pass this legislation. rents, and car payments. And all this eral steel companies have been forced into Mr. LEVIN. Mr. President, I will vote because foreign countries are des- bankruptcy. Thousands of those who were for cloture on the motion to proceed to perately trying to stabilize their own laid off due to unfairly traded imports are H.R. 975 in order to bring this issue to economies on the backs of our steel still out of work. Many thousands have been the floor. workers. their workweeks shortened and are still not That is the best way, and perhaps the These countries are not going to back to full time. only way, to insure a debate on how to throw our steel industry a curve ball. For our industry, therefore, this crisis is address the steel import crisis in a With this legislation we will force far from over. It is very real, and very much timely manner. Japan, Brazil, and Russia to play fair. with us. The motion to proceed isn’t the end I urge my colleagues to join me in sup- The steel industry started some point. It is not final passage. Only if porting this bill and stand up in steel. seven actions for antidumping, and six Mr. SPECTER. Mr. President, I have the motion to proceed is adopted can of those were subjected to suspension sought recognition to speak relatively we debate how to act effectively and le- agreements by the Department of Com- briefly on the steel import limitation gally to avoid the kind of surges in merce, to the detriment of the steel bill. steel imports which have illegally im- companies. pacted our steel industry. Similar legislation passed the House Ms. MUKULSKI. Mr. President, I am of Representatives by a vote of 289–141. I ask unanimous consent that this proud to cosponsor the Stop Illegal While this quota legislation is a very chart on steel imports and suspension Steel Trade Act. This legislation will strong measure, it reflects the neces- agreement be printed in the RECORD at enable us to stand up for steel. It will sity that strong action be taken to en- the conclusion of my statement. create a level playing field for the force U.S. trade laws to stop an ava- The PRESIDENT OFFICER. Without American steel industry and our steel lanche of dumping by foreign coun- objection, it is so ordered. workers. tries. We must stand up for steel. We have seen the decimation and dis- (See Exhibit 1.) Today, our steel industry and steel integration of the American steel in- Mr. SPECTER. Steel import limita- workers are under attack by illegal and dustry by unfair foreign imports. tions, or quotas, provide for a drastic unfair trading practices. Brazil, Russia, Twenty years ago, in 1979, approxi- remedy. Along with the steel industry, and Japan have dumped cheap steel on mately 453,000 steelworkers were em- other industries in the United States the American market that has dras- ployed. Today that figure is about have been victimized by the failure to tically impacted the price of steel. 160,000. Some $50 billion has been in- enforce U.S. trade laws. Over the last year and a half steel im- vested by the American steel industry I have, for the past 15 years, proposed ports have increased by 47 percent. The to modernize, but there is no way that legislation which would authorize equi- producer price index for all steel mill the American steel industry can com- table relief to provide for enforcement products is down 9 percent. This is the pete with dumped goods, the sale of of the U.S. trade laws. At the present largest decline in nearly 20 years. If goods in the United States at prices time, if complaints are filed with the this continues, American steel mills lower than the price at which such International Trade Commission, it will simply not survive. goods are being sold by the producing takes up to a year—or more—to have I have always been for free trade as companies in their own country or in those matters resolved. An equitable long as it’s fair trade. There has to be some other country. These goods come action, a court of equity, would result equal access and opportunity and a into the United States from a number in having these matters resolved in the level playing field for American indus- of countries—from Russia, from Brazil, course of a few weeks. try. But I cannot sit by and allow an from Ukraine, from South Africa and Until that is done, it appears to be industry that is fundamental to the from China—at prices less than the necessary for some very decisive ac- American economy to be destroyed by cost of production. This is the antith- tion. This is why I cosponsored the what amounts to predatory trade prac- esis of fair trade. tices. Our steel industry is ready and This situation requires a change. steel import limitation bill. willing to compete—but they can’t Twelve executives from American steel EXHIBIT NO. 1

VerDate jul 14 2003 14:17 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00022 Fmt 0686 Sfmt 0634 E:\BR99\S22JN9.000 S22JN9 13730 CONGRESSIONAL RECORD—SENATE June 22, 1999 STEEL IMPORTS AND SUSPENSION AGREEMENTS: SUMMARY OF FLAT-ROLLED SUSPENSION AGREEMENTS

Suspension Final ad agreement vol- Estimated vol- Agreement Estimated Current im- Year of filing Product Country margins umes umes w/orders minimum price fair price port value (percent) (metric tons) (metric tons) ($/MT) ($/MT) ($/MT)

1996 ...... Plate CTL ...... China ...... 17–129 141,000 0 308 505 397 1996 ...... Plate CTL ...... Russia ...... 54–185 94,000 6,466 275–330 505 352 1996 ...... Plate CTL ...... S. Africa ...... 26–51 NA 3,150 NA 505 331 1996 ...... Plate CTL ...... Ukraine ...... 81–238 148,520 32,151 314–466 505 516 1998 ...... Hot-Rolled ...... Russia ...... 71–218 750,000 28,933 255 397 236 1998 ...... Hot-Rolled ...... Brazil ...... 51–71 295,000 310 NA 397 227

Mrs. FEINSTEIN. Mr. President, I those included in this bill are not per- national economy, and with it the base rise today in opposition to the cloture mitted. And if a nation takes such a for much of America’s current eco- motion to proceed to H.R. 975, the unilateral measure, the countries af- nomic prosperity. Free trade has been Steel Import bill. I do so for three rea- fected are allowed to take retaliatory a prime ingredient in the eight year sons. First, I think that this legisla- measures. U.S. economic boom. tion is protectionist and invites retal- Thus, if this legislation is enacted, Moreover, in the past year we have iation under the World Trade Organiza- the United States would face the real begun to turn the corner on a global tion; second, I believe that it may en- possibility of retaliation by the world’s economic crisis. Maintaining open danger the health and stability of the steel exporting countries. Under the world markets is vital to global recov- international economy; and, third, I WTO rules, other countries will have ery in Asia, Russia, Brazil, and else- believe that it may endanger the the right to retaliate against our ex- where. These countries have not closed health and stability of the U.S. econ- ports. They could put at risk our most their markets to U.S. products despite omy, including the steel industry it is competitive sectors—such as agri- the economic pressures they have faced intended to protect. culture, high-tech, or pharmaceuticals. in the past several years. If the U.S. I understand the appeal of this legis- In fact, a June 18 letter signed by the takes a significant step towards protec- lation for those who support it, and be- American Farm Bureau Federation, tionism, it will set off a global chain- lieve that they are well intentioned in the International Dairy Foods Associa- reaction. wishing to see legislation passed which tion, and the National Cattlemen’s Indeed, according to a May 25 letter I protects the U.S. steel industry. Beef Association, among others, states received from Raymond Chretien, the As supporters of this legislation have that: Canadian Ambassador to the United pointed out, there was an undeniable At a time when U.S. farmers are facing se- States, passage of this legislation: vere financial hardships, continued access to surge in steel imports into the United . . . would set a protectionist precedent global markets Is critical to preserve farm States last year. Over the past three that would encourage other industries, in income . . . since growth for the U.S. agri- years, economic instability in East the U.S. and other countries, to seek unilat- cultural sector hinges on access to world Asia, Russia, and Latin America have eral relief outside of legitimate, established, markets, passing legislation that violates trade remedies. The world economy, and resulted in a weakening of the world the WTO threatens economic growth in the workers in affected countries, can ill afford steel market. According to the Con- farm sector. the turmoil that could ensure in inter- gressional Research Service, between In addition, there could also be retal- August 1997 and August 1998, imports national commerce. iation against U.S. products that use According to Brookings Analyst Rob- surged almost 80%. steel, such as automobiles, heavy ma- But today, it is important to note, ert Crandall, HR 975 is ‘‘one of the chinery, or construction. For example, steel imports have returned to their most blatantly projectionist pieces of according to a letter I received from pre-crisis levels, down roughly 44% in legislation since the 1930s’’. I do not be- Boeing: April 1999 since last August’s peak, ac- lieve that a single member of this body In 1999 we expect to deliver approximately wants the United States, or the inter- cording to the office of the United $18 billion in airplanes to international cus- States Trade Representative. national economy, to risk a return to tomers, many of whom are struggling to pur- those days of global depression. Where I disagree with supporters of chase these planes as a result of the Asian fi- this legislation, then, is that although nancial crisis. A number of these airplane de- Finally, although the quotas might I too believe that some complaints liveries could be at risk if new limits on im- have some marginal palliative effect about unfair competition and unfair ported steel are imposed. for some of the old-line steel factories, trade practices are, of course, war- The unilateral protectionism em- they would have a far larger effect on ranted, the solution to those com- bodied in this bill would undermine the the overall health and well-being of the plaints found in this bill—the imposi- international trading system and the U.S. economy, and threaten to harm tion of unyielding import quotas—is an institutions, rules, and regulations to countless other U.S. workers and con- approach which I believe to be counter- safeguard the international economy sumers. productive and even potentially harm- that the United States has worked so This is the third reason I oppose this ful to the health of the U.S. economy. hard to put into place over the past bill: I believe that it is bad for the U.S. First, the protectionism sought by fifty years. As we have seen in numer- economy, including the steel industry. this bill would put the United States in ous cases, these institutions and rules To take one example, steel import violation of world trade rules, and have helped the U.S. gain market ac- quotas would increase the price of steel would invite retaliation against U.S. cess when other nations sought to pre- used by the automobile industry, producers of a range of goods in over- vent it, and have helped the U.S. econ- harming the auto industry and auto seas markets, jeopardizing jobs at omy to grow and created numerous workers, and would in turn show up in home. jobs here in the United States. higher auto sticker prices, harming The World Trade Organization per- As the world’s largest trading nation, U.S. consumers hoping to be able to mits the application of ‘‘safeguard U.S. interests are best served by sup- purchase reasonably priced cars. measures’’ such as quotas only in very porting—not undermining—the rules- In short, steel import quotas will un- specific circumstances, and never uni- based international economic and trad- dermine U.S. manufacturing competi- laterally. In the absence of a deter- ing system. tiveness in a range of industries and mination that the product in question This leads me to my second point, business that rely on steel, from metal is being imported in such increased and the second reason I am opposed to fabrication to transport to industrial quantities as to cause or threaten to this legislation: I believe that this leg- machinery to construction; industries cause serious injury to the domestic in- islation threatens to undermine the that in toto employ over 8 million dustry, unilateral measures such as health and stability of the inter- workers.

VerDate jul 14 2003 14:17 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00023 Fmt 0686 Sfmt 0634 E:\BR99\S22JN9.000 S22JN9 June 22, 1999 CONGRESSIONAL RECORD—SENATE 13731 For example, I received a letter from By all accounts the steel import crisis Lorain, Ohio—a $100 million invest- the Aggressive Engineering Corpora- is over, with imports having receded ment with 2,800 jobs that almost didn’t tion, a small California company that back to pre-crisis levels. happen. The EPA was going to halt the serves military and commercial indus- Under these circumstances—passing project, but I went straight to the try in their metal stamping needs. Ac- potentially harmful quota legislation White House and let them know that cording to this letter: after the crisis has passed—is the what the EPA was proposing in Ohio Our company relies on steel from domestic wrong way to approach this issue, and was ridiculous. producers. However, U.S. steel producers are I hope my colleagues will join me in Ohio is now the largest steel-pro- able to supply only about 75% of the demand opposing the cloture motion to proceed ducing state in the country, a develop- for steel, leaving a yearly shortfall of 30 mil- to this bill. ment I’m proud to say occurred during lion tons. In order to maintain our oper- Mr. VOINOVICH. Mr. President, my tenure as Governor. ations in the United States, we depend on today, the Senate will cast a very im- Last year, a building where state foreign steel. . .While we all agree that it is important to maintain U.S. jobs and job portant vote on whether we will stand agencies were going to be located was growth, steel is no less important than other up and honor our commitments to built, and foreign steel was used in sectors. Please remember that steel-using in- United States trade policies, or enact place of domestic steel in violation of dustries employ more than 40 American protectionist trade measures on steel state law. State law called for a fine of workers for every worker in the steel indus- imports that will have little or no fa- $3,000, but I insisted that the entity re- try. Quotas do not work. They will harm vorable effect on the steel industry, yet sponsible for building this facility pay consumers and steel-consuming industries to will ultimately harm many segments $50,000. I doubt there are very few other a much greater extent than they could ever of our nation’s economy. public officials in the country who help steel producers or steelworkers. Let me first stipulate one point—I would enforce an existing law so vigor- It is also important to keep in mind am now, and I always have been, a ously. that although many of the old-line strong supporter of Ohio’s steel indus- When imports of steel shot up last steel mills face serious difficulties, try. In fact, I believe my actions prove year, and Ohio steel producers started that is not the same as saying that that I have been ‘‘standing up for to suffer, I was one of the first elected overall the U.S. steel industry is in steel’’ for two decades. officials to speak out. I wrote the trouble. In fact, many of the problems My support for Ohio’s steel industry President several times, twice on my faced by old-line steel mills stem less goes back to the days when I was own and once with other governors, from import problems than from dec- Mayor of Cleveland. urging him to take all appropriate ac- ades-old mills that are unable to com- In the early 1980s, when steel imports tion under our trade laws to combat pete with the efficient new mini-mills peaked at nearly 27% and U.S. steel dumping. I also supported a reso- located right here in the United States. steelmakers were losing billions of dol- lution in the Ohio legislature urging Even as the U.S. faced the ‘‘import lars in revenue, I lobbied President the President to take action. surge’’ last year, U.S. mills rolled out Reagan for Voluntary Restraint Agree- My support for the steel industry has 102 million tons of steel in 1998, the sec- ments (VRAs) in order to give the do- been long-standing, and I dare say it is ond highest total in the past two dec- mestic industry five years of breathing matched by few individuals. That’s ades. room to modernize and restructure. I why I look seriously upon any proposal In addition, The Wall Street Journal rallied with the steelworkers in Cleve- that purports to help this important has reported that 25% of the steel en- land’s Public Square to tell America industry. tering the United States last year was about how our steel industry was being The bill that is before the Senate bought by American steelmakers, who dumped on. today would impose a monthly limit on otherwise could not have met the de- A year before the VRA program was steel imports for the next 3 years. The mands of their customers. set to expire, I began lobbying then- quotas would apply to all steel mill In other words, while seeking to pro- Vice President Bush for a temporary products from all countries, regardless tect the steel industry, this legislation extension, to give the steel industry of whether they have engaged in dump- could in fact harm the industry by pro- some protection while the Administra- ing or not. tecting the least efficient producers at tion attempted to negotiate a multilat- I have given this legislation much the expense of the more efficient, and eral steel agreement aimed at elimi- thought and careful consideration, and by preventing American steelmakers nating unfair foreign practices. on its merits, I cannot vote in favor of from getting access to the steel they All throughout 1988, I fought for the this bill. need to meet customer demand. VRA extension. My efforts were suc- Mr. President, I have dedicated my In response to this surge in imports cessful, because in 1989, President Bush entire 33-year public career to serving last year, earlier this year the Admin- agreed to extend the VRAs two and a the people of Ohio. I am the last person istration put in place an aggressive half years. who would want to see the Ohio steel Steel Action Plan to strictly enforce And two years later, after I was industry and good-paying jobs dry up the trade laws already on the books; elected Governor, I was back to lobby and go away. I would not vote against enter into new bilateral agreements the Bush Administration to ensure this Quota Bill if I believed it was a with Japan, Russia, and Korea regard- that all of our trade laws would be vig- productive solution that would save ing their steel imports to the United orously enforced after the extended jobs in my state. States; create new sources of early im- VRAs finally expired in 1992. It is because I care about Ohio’s port data and an active monitoring of In 1991, I was the first Governor in workers that I must oppose the Quota safeguards; and lend support for the the United States to set up a Steel In- Bill today. I wish I could tell Ohio’s Section 201 safeguard law. dustry Advisory Commission—a public- and our nation’s steelworkers that the In addition, the Department of Com- private partnership designed to Quota Bill would save steel jobs. I can- merce determination on the import strengthen ties among the steel indus- not. I wish I could tell them that the surge this February, recently sup- try, the state of Ohio, and its citizens. Quota Bill would give the industry a ported by a finding of the International I also worked to bring steel compa- quick fix. It will not. Trade Commission, has paved the way nies, such as North Star Steel, to Ohio Not only is the Quota Bill bad policy, for the Administration to slap duties in order to create more, good-paying but voting for it today would be an ex- on Japanese and Brazilian steel and jobs. I have been there to lead the ercise in futility, because we already forced Russia to restrict its imports. fight—to make sure that the federal know that the President will veto it. I believe that the Administration’s government did not run roughshod over In addition, I am concerned that too response has been tough but fair. And I our steel industry. much emphasis has been placed on this believe that the proof of the effective- In May 1992, I attended the opening legislation as being some sort of pan- ness of this response is in the pudding: of the U.S. Steel/Kobe Blast Furnace in acea that will help address all of the

VerDate jul 14 2003 14:17 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00024 Fmt 0686 Sfmt 0634 E:\BR99\S22JN9.000 S22JN9 13732 CONGRESSIONAL RECORD—SENATE June 22, 1999 steel industry’s problems. The fact of rely heavily on exports, such as agri- In fact, there are steel products that the matter is, if this legislation be- culture, technology and telecommuni- many Ohio manufacturers need that comes law, it will only serve to com- cations and a host of others. aren’t even made in the United States. pound the industry’s problems. One industry that would be particu- In short, regardless of what is said, Passage of this bill will provide a larly hard-hit by a trade war is agri- the United States must import steel false sense of relief, when what we culture. America’s farmers grow and right now in order to meet domestic should really be doing is concentrating export more food than any other farm- demand. our efforts on a long-term solution— ers in the world. They would be dealt a So, what happens under the Quota one that will make a difference in ad- devastating blow by retaliatory action Bill, when there are steel shortages in dressing the viability of our nation’s taken against them—probably the the United States, while an oversupply steel industry within the framework of most affected segment regarding Amer- of cheap steel remains in the rest of existing law. ican jobs. In my state of Ohio that’s the world? It means that America’s I have often said that in Ohio, we are crucial because we have some 80,000 manufacturers will have to pay a com- no longer the ‘‘Rust Belt’’ we are the farmers. paratively higher price for the steel ‘‘Jobs and Productivity Belt.’’ We It’s also important to farmers across they need to make their finished prod- made this transition thanks in part to the rest of the country. In fact, just ucts, such as cars, machine tools and the efforts of the steel industry to yesterday, I received a letter from 20 dish washers. modernize and become more efficient major agriculture associations, includ- As a result, the cost of American- and competitive. ing American Farm Bureau, outlining made finished products will be higher, And, it’s easy to do when you have their opposition to the Quota Bill. while the prices for the same goods good labor-management relations Moreover, for nearly 60 years the made overseas will remain low. which promotes empowerment, when United States has been the primary ad- So what will consumers in the United you have businesses willing to invest in vocate of a free—and, rules-based—sys- States and around the world do? They training and advanced manufacturing tem of international trade. The United will do the logical thing: buy cheap, technology, and when you have part- States is constantly urging other coun- foreign-made goods, and at the end of nerships with government and edu- tries to respect international trade the day, America’s manufacturers and cation. It’s amazing what you can get. agreements and to comply with WTO workers will lose out, and we will be It’s what has helped contribute to the decisions. right back at square one. Except this The United States has set the exam- importance and significance of steel in time, even more American jobs in a va- ple of being the one nation that con- Ohio. riety of other job sectors will be on the sistently complies with the WTO. In- Overall, the American steel industry line, especially in Ohio. deed, the United States has won 19 of is succeeding. It produced record levels According to the Bureau of Labor the 21 trade cases it has brought to the of steel in 1997 and 1998, and is now Statistics, there are 465,000 Ohio work- WTO for dispute resolution, such as the ers in downstream industries that use more efficient than it ever has been. It recently settled banana case the U.S. steel. This means that for every Ohioan is strong. Its workers are strong. And brought against the European Union. it can compete in the world market- How can we expect other countries to employed in the steel industry, there place, if the playing field is level. abide by international trade rules if are 12 other Ohioans who work in steel- That is why it is so important that the United States, the main advocate using industries and whose jobs would we continue to work to get other coun- of those rules, flagrantly disregards be directly jeopardized by the Quota tries to follow the American example: them itself? If we want a rules-based Bill. to open their markets to American system of international trade to work, I cannot, in good conscience, vote in goods, to stop subsidizing their na- so that we can have a level playing favor of a piece of legislation that tional steel industries and to stop field across the board on all goods, would have the effect of jeopardizing dumping steel on our market at unfair America must continue to lead by ex- the jobs of more than half-a-million prices. ample. Ohioans—including 80,000 farmers I pre- We need all of Ohio’s 35,400 steel- Proponents have argued that even if viously mentioned—for a Quota bill workers fighting for this approach, and the Quota Bill violates WTO rules, it that will have no long-term positive applying the appropriate pressure to would take years for any cases filed benefits. get other nations to change their pro- against us at the WTO to run their full All in all, this bill could have ex- tectionist ways. course. In the meantime, quotas on tremely serious consequences for jobs However, the minute we succumb to steel products would give the domestic in Ohio. the sort of trade practices that we so steel industry some temporary relief When I was Governor of Ohio, one of vehemently oppose, we lose all credi- from imports in order to recover from my four economic development initia- bility in the international community. last year’s import surge. tives was exports. Because of our ac- Most every trade expert will attest There are two flaws in that logic. tions in the state, Ohio’s exports in- that this Quota Bill violates World First, imports have dropped off dra- creased by more than 62% during the Trade Organization (WTO) rules—rules matically, and are now below the levels time that I was Governor. And as most that are treaty-based and to which the that the proponents of the Quota Bill Americans know, as exports increase, United States is bound. Even sup- seek to establish. so do jobs. porters of this legislation must ac- Second, analysts are predicting that Our economy is intertwined with the knowledge that fact. the U.S. will actually have steel short- international marketplace, and it be- Since the bill does violate inter- ages this summer. This means that the comes even more so on a daily basis. national trade rules, it would invite industries that need steel to make As one who has argued vigorously to our largest trading partners to launch their products—like the automakers— have others take down their trade bar- major trade cases against us, cases will not have enough steel to build new riers so we could get our goods into that, based on our treaty obligations, cars in order to meet consumer their countries, how can I talk about we would most surely lose. demand. closing down our borders and keeping This would give our trading partners At the moment, the domestic steel other products out? the right to take retaliatory trade ac- industry can only make enough steel We have also increased investment in tions against us. They could slap high to meet 75% of the domestic demand. Ohio by foreign companies. According tariffs on all manner of American- Not too many people realize that the to Site Selection magazine, from 1991– made products in order to limit our ac- remaining 25% must now be imported 1997, Ohio had more growth in non-U.S. cess to their markets or kick us out al- from overseas, and of that amount, the owned firms than any other state— together. Such actions would result in steel industry imports 25% for its own some 300 new manufacturing facilities job losses in American industries that capacity. and plant expansions.

VerDate jul 14 2003 14:17 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00025 Fmt 0686 Sfmt 0634 E:\BR99\S22JN9.000 S22JN9 June 22, 1999 CONGRESSIONAL RECORD—SENATE 13733 For me to come out in favor of sions have made Ohio the number one the recent suspension agreements that quotas and trade barriers in today’s steel state in the nation. the Administration has negotiated marketplace would be detrimental to What we need to do now is level the with Brazil and Russia on hot-rolled the economic well-being and growth of playing field by going after the unfair, steel imports. The industry would have Ohio as well as jeopardize jobs in my market-distorting practices that have much preferred that the pending anti- state. insulated foreign steel producers from dumping cases be taken to their full What we ought to do is improve the the same market pressures our Amer- conclusion so that the full anti- situation that we already have within ican steel producers face. We need to dumping duties could be imposed. the framework of current law and WTO win our fights in the proper venues and The suspension agreement provision rules. with the facts on our side. would require that the Administration I don’t think anyone will deny the If it is our intention to pass legisla- get the support of at least 50% of the fact that the steel industry was af- tion in the Senate, we should look at industry before finalizing any future fected by last year’s surge in imports, solutions that will truly address prob- suspension agreements. I am particu- and this surge was partly the result of lems that exist and that will not pro- larly pleased that this provision was a series of financial crises in Asia and voke an all-out ‘‘trade war.’’ added to the bill. Russia that precipitated a collapse in To that end, I have been working Mr. President, I believe that Senator global demand for steel. with the Chairman of the Finance ROTH’s legislation is a rational ap- Naturally, imports were drawn to the Committee, Senator ROTH, to develop a proach to the dumping that the United United States, where the economy and legislative solution to deal with the States has been subjected to over the demand for steel remained strong in global overcapacity of steel that we be- years and is our best bet to effectively comparison to the rest of the world. lieve will more reasonably address the deal with those nations that subsidize Unfortunately, the collapse in global concerns of America’s steel industry. their steel industries. demand was exacerbated last summer I believe the legislation will get to However, passage of this quota bill by the 54-day strike at General Motors, the root of the steel import problem, before us today will do nothing to as- the largest consumer of American- and is the type of solution we should be sist our domestic steel industry—it made steel. pursuing, not this Quota Bill. will be ruled GATT illegal, which will However, the oversupply of steel on The Roth bill, the Steel Trade En- draw retaliatory actions from other na- world markets is not a new problem forcement Act, would direct the U.S. tions. In addition, it will not prevent facing the U.S. steel industry. It has Trade Representative to start an inves- future job losses in the steel industry been a persistent problem that has tigation of the unfair practices that and, in fact, could cause job losses in plagued American steel producers for have protected foreign steel manufac- other employment sectors—some with decades, and it is the legacy of 60 years turers from the capital market pres- no ties to steel whatsoever such as ag- of foreign government intervention in sures that the American steel industry riculture. domestic steel industries. faces and have protected them from We must do all that we can to ensure Since the 1930s, other countries have true competition. continued economic growth in our na- undertaken policies to expand their do- Once we identify those countries and tion. This legislation does not. There- mestic steel-making capacity and em- practices, the proposal would then re- fore, I cannot support this bill. ployment, regardless of market condi- quire the Administration to develop a Mr. BIDEN. Mr. President, in the tions. These policies have included tar- comprehensive, government-wide strat- midst of the best economy our country iffs, quotas, heavy government sub- egy to eliminate those practices. There has ever seen, while we have under- sidies, state ownership, and govern- is a follow-up mechanism to make sure standably focused on the good news, ment toleration of cartel-like behavior. that action is taken. there has been another story that has The end result has been that foreign The Roth bill would also establish a only recently begun to get the atten- steel manufacturers are able to monitoring program to facilitate the tion it deserves. produce and sell steel under cir- timely release of data on steel imports. Thanks to the leadership of Senator cumstances that would drive a U.S. This monitoring program could serve ROCKEFELLER, Senator BYRD, and many steel manufacturer out of business. as an early warning system for future of our other colleagues from our coun- Quotas will do nothing to address steel import surges, giving industry try’s leading steel producing states, this fundamental problem. We learned and the Administration more time to the story of American steel workers from our experience with voluntary re- respond. It will also put our competi- has been heard. Like so many other straint agreements (VRAs) in the 1980s tors on notice that the United States is workers in America’s core manufac- that restricting steel imports—be it watching. turing industries, steel workers have through VRAs or quotas—will do little The Roth bill also would require the been struggling with restructuring and to discourage other countries from sub- U.S. representatives to the inter- modernization that has made them sidizing their industries or engaging in national financial institutions—such as among the most productive in the other market-distorting practices. the World Bank and the International world. But on top of the sacrifices—in That’s why we ended the VRA’s. Monetary Fund—to oppose any financ- jobs and job security, in pay, in bene- After trying to match our competitors ing to steel industries abroad. It’s not fits—they have been hit by the one-two step for step, the United States deter- fair to use U.S. taxpayer dollars to sub- punch of the international financial mined that only through sound eco- sidize the steel industries of our for- crisis over the last couple of years. nomic and trade policies would we ever eign competitors. On top of the lost sales overseas, overcome the protectionist tendencies Finally, the Roth bill has a provision where once booming developing na- of other steel producing nations. That’s dealing with so-called ‘‘suspension tions are no longer able to purchase why we continue to press for fair com- agreements.’’ steel from the U.S., our steel workers petition before the WTO and why we Under current law, when an anti- have watched as those same developing continue to win our cases. dumping or countervailing duty case is countries have dumped their own steel A good majority of our American under way, the Administration has the products here, often below the cost of steel industry has modernized, restruc- authority to go out and negotiate a production, literally stealing American tured, and become more efficient in ‘‘suspension agreement’’ with the of- markets out from under them. So, with order to compete in the global market- fending country. If the Administration lost sales at home and abroad, steel place. They are to be commended for is able to reach such an agreement, the workers are losing their jobs as our making the decisions that make them pending antidumping or countervailing mills cut production and even shut the best steel industry and the most duty case is suspended. down. productive workers in the world. As I Many steel companies and workers For the tens of thousands of Amer- have said earlier, smart business deci- feel like they have been undercut by ican workers whose jobs have been lost,

VerDate jul 14 2003 14:17 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00026 Fmt 0686 Sfmt 0634 E:\BR99\S22JN9.000 S22JN9 13734 CONGRESSIONAL RECORD—SENATE June 22, 1999 whose families have been strained to key part of our current economic suc- called steel quota bill. I think it would the breaking point, whose communities cess. be a mistake. I think the bill would do have crumbled, this is not some ab- If we impose unilateral quotas on more harm than good; I mean more stract economic question about free other countries’ steel exports—without harm than good to our entire economy, trade and open markets. The question showing any specific illegal practices and I believe also to the steel industry is what shall we do to help the people or any direct economic damages—we and to the steelworkers. I think it who, despite their hard work and sac- will seriously weaken our leadership in would be a serious mistake. rifice, are paying the ultimate price as international trade when we are fight- One would have to figure what hap- the rest of us enjoy the many benefits ing so hard to open other markets to pens if we enacted these arbitrary of the new economy. our products. Chief among those prod- quota restraints. Senator MOYNIHAN The question before us today, is how ucts are our agricultural products, Mr. just mentioned it would be a violation to deal with the kind of economic dis- President, but virtually all of our ex- of our trading laws. If we do that, that ruption that has come from a global ports are exposed to a trade war with will hurt the steel industry indirectly, economy with wide-open capital mar- other countries if we respond to the because we export a lot of steel prod- kets and instantaneous communica- very real problems of our domestic ucts. We export a lot of tractors, we ex- tion. The current crisis in our domestic steel industry by unilaterally imposing port a lot of heavy equipment, and we steel industry is, at its roots, a crisis of quotas. export a lot of cars, all of which use overcapacity in the steel industry on a That does not mean we cannot and steel. global scale. Too many developing should not do more to protect Amer- If we establish arbitrary quotas on countries built too many new steel ican steel mills and steel workers from what we are going to import, many mills, with less concern about the long the unfair and illegal trade practices of other countries are going to retaliate, term economic sense and more interest other countries. But I hope if we can and they have the right to do so under in the kickbacks and quick bucks to be proceed to a real debate on this issue the WTO. We are going to be violating made in the short run. that we can formulate a more effective the trade laws that we have agreed to, I believe that we have been right to way to right the wrong that has been and there is going to be a response. respond to the recent international fi- done to them. Senator GRASSLEY just mentioned nancial crisis by providing the IMF and The PRESIDING OFFICER. The time that the biggest response is going to be the World Bank and other entities with has expired. Who yield’s time? against agriculture. It is kind of the Mr. NICKLES. Mr. President, I ask the funds they need to put the inter- easiest thing to hit. Agriculture is very unanimous consent to speak on leader national financial system back on its competitive in the export market. time. feet. But one unfortunate aspect of Farmers all across the country are The PRESIDING OFFICER. Without going to be faced with a loss of exports, that process, in my mind, is that too objection, it is so ordered. many investors who were throwing and they are going to say: Wait a ORDER OF PROCEDURE minute. Congress just imposed a re- money at ill-prepared and even corrupt Mr. NICKLES. Mr. President, I ask developing economies will benefit from striction on steel imports, and, there- unanimous consent, notwithstanding fore, they are going to put restrictions our attempts to prevent a collapse in rule XXII, that immediately following the world economy. on the amount of wheat, or the amount the 12:15 vote, Senator DODD be recog- Today, instead of high-rolling inter- of grain they will import. It would be a nized to speak relative to the State De- serious mistake. national investors, we are asked to partment authorization for up to 15 consider help for those American work- Mr. President, I ask unanimous con- minutes. I further ask unanimous consent to have printed in the RECORD an ers and their families who are victims sent that following his remarks the of that international economic crisis, article in today’s Washington Times by Senate stand in recess until 2:15 for the William Daley, Secretary of Com- for which they are completely blame- policy conferences. I also ask unani- less. We will be adding insult to that merce. mous consent that at 2:15 today there There being no objection, the mate- injury if we fail to act to help them. be 5 minutes equally divided for debate But while I will vote for the motion rial was ordered to be printed in the on the Feingold amendment, and fol- RECORD, as follows: to proceed to this bill, Mr. President, I lowing that debate, the Senate proceed [From the Washington Times, June 22, 1999] could not vote for passage in its cur- to a vote on the Feingold amendment, WHY TRADE QUOTAS DON’T WORK rent form. No. 692. I ask unanimous consent that We already have many anti-dumping (By William M. Daley) following that vote, Senator HELMS be actions underway, a time-consuming recognized in order to offer the man- The steel quota legislation now being considered in Congress is a misguided attempt and sometimes frustrating process to agers’ amendment and it be considered be sure, but a process designed to guar- to deal with a problem that is already begin- and agreed to. ning to go away. Last year, when steel im- antee that we hit what we are shooting Finally, I ask unanimous consent at—it requires evidence of who is ports, particularly from Japan, Russia, and that there be 5 minutes equally divided Brazil, surged by 33 percent over 1997, layoffs dumping what kind of steel, and what between the chairman and the ranking mounted and plant closings loomed, the de- the real economic damage is. We member for closing remarks, the bill be mand for quota legislation to protect busi- should continue to pursue those ac- read a third time, the Senate proceed nesses and workers was understandable. tions as quickly and as relentlessly as to vote on passage of the bill, with no Today, however, we are beginning to turn the law allows. intervening action or debate; further, the corner on steel imports. And while calls Just last week, the Senate passed for quota legislation continue, it is clear that Senator HARKIN be recognized legislation, brought before us by Sen- that this bill is not in the nation’s economic after the vote to speak for 20 minutes interest—nor in the long-term interest of the ator BYRD, that provides $1 billion for regarding the State Department reau- U.S. steel industry or American steel- the steel industry in loan guarantees thorization bill. workers. to help them deal with the current cri- The PRESIDING OFFICER. Is there Make no mistake about it: last year’s steel sis. objection? Without objection, it is so crisis was real and demanded a strong re- These actions are significant steps in ordered.. sponse. The administration acted, adopting a the right direction, and they don’t Mr. NICKLES. Mr. President, I now two-prong strategy combining swift and vig- have the unintended consequences that orous enforcement of our trade laws with bi- ask the manager of the bill for 3 min- lateral pressure on our trading partners to the bill before us brings with it. Quotas utes to speak on the steel quota bill. on imported steel violate one of our reduce their steel exports to the United Mr. ROTH. I yield 3 minutes. States. Forty-two antidumping and counter- oldest and most basic commitments to The PRESIDING OFFICER. The Sen- vailing duty steel investigations are cur- the international trading system we ator from Oklahoma. rently being conducted or have been com- have worked so long to create. That Mr. NICKLES. Mr. President, I urge pleted since January. These include inves- system, for the most part, has been a my colleagues to vote no on the so- tigations on hot-rolled steel, carbon steel

VerDate jul 14 2003 14:17 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00027 Fmt 0686 Sfmt 0634 E:\BR99\S22JN9.000 S22JN9 June 22, 1999 CONGRESSIONAL RECORD—SENATE 13735 plate, and three types of stainless steel. In a not consider trading all that for an approach heard from and I have talked directly number of these cases, the Commerce De- that will hurt us in so many different ways. to steelworkers and their families partment provided swifter relief by making Mr. NICKLES. Mr. President, I will about this issue. It is estimated that early determinations or conducting the case read a couple of lines from his article. 10,000 steelworkers have already lost on an expedited schedule. At the same time, senior government officials, including the He says: their jobs. The Independent Steel- president himself, have exerted strong bilat- No one has more to lose from quotas than workers predict job losses of as many eral pressure on our trading partners to re- America’s farmers who grow more and ex- as 165,000 if steel dumping is not duce their steel exports to the United States. port more than any farmers in the world. stopped. This strategy is working. Since it was put He also says: It is time for the Senate to take ac- in place last November, steel imports have The quota bill is not in our Nation’s eco- tion. All eyes are on us. fallen dramatically. Total steel imports in nomic interest, and it is not even in the in- The question is, Will we respond to April were down 39 percent from last year, terest of our steel industry and its workers. this crisis? with imports of hot-rolled steel, the product Adopting this bill tells our steel in- covered by cases brought against Japan, He is exactly right. This bill would be Russia and Brazil, down 73 percent. Imports a serious mistake. dustry, our steelworkers, and the world overall are returning to pre-crisis levels. The Commerce Department has al- that we support our industry, we sup- April 1999 imports of all steel were 22 percent ready taken action against Russia, port trade laws, and we will simply not below April 1998 levels, and six percent below against Brazil, and against Japan. tolerate dumping or subsidization. April 1997. They can impose tariffs up to 28 per- The bill is tough. It directs the Presi- Steel imports during the first four months cent on Japan for dumping, up to 86 dent to impose quotas, tariff sur- of 1999 were down 5 percent compared to the percent on Brazil for dumping, and up charges, or negotiate enforceable vol- first four months of 1998 and 4 percent com- untary export restraint agreements in pared to the first four months of 1997. De- to 200 percent on Russia for dumping. spite this significant progress, there is a Already there are remedies. order to ensure that the volume of im- strong effort under way that ignores the suc- Incidentally, I might mention that ported steel products during any cess we’ve seen to date and seeks to impose the problem is not near as grave as month does not exceed the average vol- across-the-board quotas on steel imports. some people have indicated. Steel im- ume imported from the 3-month period Steel quotas, however, will backfire; in the ports have gone down 72 percent from preceding July 1997. end they will not ensure long-term job secu- last November, which was an all-time I am a free trader. I believe free rity for American steel workers. As a nation, high. trade, though, does not exist without we have a great deal to lose from quotas. The fair trade. Free trade does not mean United States is the world’s largest ex- Again, I don’t think the facts war- porter—and steel is a significant part of rant passage of this bill. I clearly think free to dump, free to subsidize, free to many of these exports. Approximately 20 per- if people look at the long-term rami- distort the market. However, that is cent of the steel consumed in the United fications of passing it, agriculture will exactly what is happening today. States last year went into products that lose, the American economy will lose, A strong and healthy domestic steel were later exported, such as heavy machin- and I really think, frankly, the steel industry is vital to our Nation and ery, trucks, food processing equipment and industry will lose as well. vital to our national defense. Let us reso on. The quota bill, however, would violate The PRESIDING OFFICER. Who solve today to debate and then pass our international obligations under the yields time? H.R. 975. The House has already done World Trade Organization (WTO) and give other steel exporting countries the right to The Senator from Pennsylvania. so. I believe it is in our interest and retaliate, perhaps by barring those U.S. ex- Mr. SANTORUM. Mr. President, I the interest of the country to do so. ports that use American steel as a way of yield to the Senator from Ohio, a great I thank my colleague from Pennsyl- striking back. champion of this legislation, 31⁄2 min- vania, Senator SANTORUM, for his lead- That would put our domestic steel indus- utes. ership, as well as Senator ROCKEFELLER try in the middle of a trade war. Many indus- The PRESIDING OFFICER. The Sen- and the other Members who have tries depend on both domestic steel and steel ator from Ohio. worked so hard on this bill. imports to stay competitive. In fact, a num- Mr. DEWINE. Mr. President, this bill The PRESIDING OFFICER. The Sen- ber of U.S. steel producers themselves im- has great significance to my home ator from Delaware. port substantial quantities of semifinished steel products. Imposing quotas at legisla- State of Ohio. Ohio produces and proc- Mr. ROTH. I yield 2 minutes to the tively mandated levels could cause layoffs esses more steel than any other State Senator from Florida. and idled production in a number of steel in the Nation. Ohio steel companies— Mr. GRAHAM. Mr. President, over consuming industries due to shortages of 115 of them at last count—produced the past 18 months there has been a specific steel inputs. Other U.S. industries and processed steel valued at $5.3 bil- surge of steel imports. That surge has may also pay a price from a steel quota bill, lion in 1996. Ohio is second only to severely and adversely impacted the especially sectors that depend on exports, Pennsylvania in the number of em- U.S. steel industry. such as technology, pharmaceuticals and ployed steelworkers. At last count we This crisis needs to be addressed and above all, agriculture. No one has more to lose from quotas than had 35,400 steelworkers in the State of the effects of illegal dumping dealt America’s farmers, who grow more and ex- Ohio. with in a fair and equitable way. port more than any farmers in the world. We are here today because foreign I think the administration deserves More broadly, the repercussions could be se- steel producers have illegally dumped credit for the series of steps, including rious, for both our economy as a whole and millions and millions of tons of steel bilateral agreements and vigorous en- the economies of other countries just now into the United States. In 1998, 41 mil- forcement of existing trade laws, that beginning to recover from last year’s finan- lion tons were dumped. That represents have greatly improved the steel situa- cial crisis. In fact, by weakening rather than on average an 83-percent increase. tion in this country. Imports, as a re- strengthening the international economy, the quota bill will make future import Ohio steel production from the first sult, are now down to below precrisis surges, in steel and other industry, more, not quarter of 1999 was down significantly. levels. less, likely. An international economic re- Ohio steel shipments during the first I support strong action to enforce our covery, on the other hand, will not only help quarter of 1999 were also down nearly 16 trade laws. I believe that trade policy avoid import surges in other industries, it percent from the same period in the should be by rule of law, not by anar- will also help revive worldwide demand for previous year. chy, and that with such strong rule of steel. Members of the Senate, all of this is law enforcement we will be able to as- The quota bill is not in our nation’s eco- no accident. All of this was the result sure U.S. workers that they are not nomic interest, and it is not even in the in- of illegal dumping of steel into the hurt by illegal import surges. terest of our steel industry and its workers. We have laws that permit us to protect our- United States. However, I oppose this legislation be- selves from unfair competition. We have the Our steel industry, despite being a cause it has the potential of doing will to use them. And we have a strong and highly efficient and globally competi- great damage to our economy and to effective policy that is working. We should tive industry, is in trouble. I have the international trading system. It

VerDate jul 14 2003 14:17 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00028 Fmt 0686 Sfmt 0634 E:\BR99\S22JN9.000 S22JN9 13736 CONGRESSIONAL RECORD—SENATE June 22, 1999 would violate our WTO commitments, The PRESIDING OFFICER. The Sen- When you talk about illegal dump- thereby putting at risk many of the ator has 57 seconds remaining. ing, there are laws against illegal gains we have made in our economy in Mr. MOYNIHAN. I ask unanimous dumping. They are being enforced and recent years. It would focus on a spe- consent 3 minutes be added to each they are being enforced effectively. cific problem of the past but do noth- side. What we are being asked to do in this ing to deal with the next challenge to The PRESIDING OFFICER. Without bill is to put at risk the 20 production the rule of law in our trade policy. objection, it is so ordered. jobs for every one steel job; 20 produc- I believe that the most at-risk sector Mr. ROTH. I yield 2 minutes to the tion jobs depending on using steel for of our economy would be agriculture. distinguished senior Senator from the one job in the steel industry. Agriculture today enjoys the biggest Texas. That could be a disaster for our econ- trade surplus of any sector of our econ- Mr. GRAMM. Mr. President, in the omy. omy. Other countries will see this as last 12 months, America has created The chairman has already pointed an opportunity to retaliate against 1,950,000 new permanent, productive, out the cost to the taxpayers, to the U.S. industry, wiping out export mar- tax-paying jobs for the future. We have consumers. In my State of Missouri, kets that our agriculture producers created 7,500 jobs in every working day workers in agriculture, in the airplane have achieved. for the last 12 months. industry, and small businesses would We must address the problems of the If we want to continue to benefit suffer a loss of jobs and a loss of oppor- steel industry in a way that does not from being the world’s greatest trading tunity if we adopted this measure. violate our international agreements. I nation, we have to have politicians I join with the chairman and the believe this can best be accomplished that are willing to stand up and fight ranking member in urging we oppose by making adjustments to section 201 for those principles by saying no on this measure. of the Trade Act of 1974, which is de- bills such as the bill before the Senate. Mr. President, I offer a few other signed to deal with import surges. Though the bill before the Senate points on top of the excellent argu- Last week, the Senate Finance Com- may be well intended, the bill before ments laid out by my colleagues as to mittee passed out legislation which the Senate is a job killer, a trade war why this bill is a bad idea. modifies section 201 so that it is more starter, and it is a bill that will de- The reasons for the surge in steel im- responsive to import surges. This legis- stroy 40 jobs in steel-using industries ports and the decrease in employment lation is a good first step, but more can for every one job it saves in steel pro- in the steel industry are the result of be done. ducing. numerous factors and complex condi- The specific problems of perishable Last year, we exported $222 billion tions. There are a number of forces at agriculture should be addressed so that worth of products that used steel; 40 work, but the difficult times faced by seasonality can be taken into account jobs were created in those industries the steel industry are largely due to when determining injury to a domestic for every one job in steel. It is esti- economic cycles and conditions. I be- industry. mated that the passage of this bill lieve that the industry is asking Con- We must ensure that U.S. industry would save about 1,700 steel jobs at a gress to take action on its behalf to has recourse to affective and timely re- cost of about $800,000 a job for the rectify a status caused by unfavorable lief when they are injured due to illegal American consumer. But that is not conditions. We have a large and diverse import surges. If we cannot do this, our counting the jobs we would lose in economy, with many factors dependent entire system of international trade, steel-using industries. It is not count- on one another. Taking legislative ac- and the health of our domestic econ- ing the jobs we would lose because of tion on behalf of one industry could omy will be at risk. retaliation from our unfair trade prac- have wide and profound ripple affects For this reason, I will oppose cloture on may industries that are not for the at this time and ask my colleagues to tice. If we want to create 7,500 jobs a day, better and would be a very unwise do the same. precedent. The reaction to this legisla- I urge we deal with this problem by we have to have the courage to stand tion could destroy jobs in Missouri in- making our trade enforcement laws up and defend the system that creates dustries from agriculture to airplanes more effective, more able to respond to those jobs. and many others. the challenges of the future, and not I urge my colleagues to resist the These conditions have not been re- succumb to a violation of our trade siren song of well-organized groups ceiving the level of attention that they agreements. that have their special interests and Mr. ROTH. I yield 1 minute to the look at the general interest of Amer- deserve in the discussion as to whether distinguished Senator from Texas. ica. When we are creating more jobs erecting trade barriers is the proper ap- Mrs. HUTCHISON. Mr. President, I than the rest of the world combined, proach, if there is an approach, to re- want to vote for this bill but I can’t. I more jobs than in all of Europe, Japan, ducing the increase in steel imports. want to because I think part of the China, and every developing country in The largest consumers of steel are steel industry has a legitimate case. the world combined, why should we be automobile manufacturers and con- But I can’t because voting for this bill attacking the very system that created struction—two industries whose health would make it worse than the relief those jobs? is directly related to the health of the they seek. I urge my colleagues to reject this economy. We all are aware of the eco- We have GATT. We have WTO. We bill. nomic conditions facing the Asian na- have NAFTA. We have access to ac- Mr. ROTH. How much time remains? tions, particularly facing Japan and countability. However, the administra- The PRESIDING OFFICER. The Sen- the Southeast Asian Nations. This was tion is not allowing that to go forward. ator has 1 minute 46 seconds. a very sudden and dramtatic turn of We have to stay within the system. We Mr. ROTH. Mr. President, I yield the economic fortunes. Previously, those have to play by the rules. remaining time to Senator BOND. economies had a voracious appetite for The reason we are debating this is be- Mr. BOND. Mr. President, I point out steel in the years proceeding their eco- cause we haven’t had the administra- that over the last 6 years prior to 1998, nomic problems. The skylines of the tion firmly coming forward and saying the steel industry experienced 6 Asian business capitals have been the steel industry has a legitimate straight years of growth in domestic transformed from those of small towns gripe. They do. steel shipments. into cosmopolitan metropolises rival- I support the Finance Committee ap- In 1998, there is a downturn. There is ing many American cities. But today, proach to it which says we are going to a downturn because of the collapse in the streets of Bangkok are littered stick by the rules, and we need to en- the Asian economy, because of the with dozens of highrise construction force them vigorously. General Motors strike. That is unfortu- projects that have ground to a halt. Mr. ROTH. Mr. President, my under- nate. We don’t want to see those jobs Demand for steel overseas has col- standing is we have 3 minutes. lost. lapsed.

VerDate jul 14 2003 14:17 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00029 Fmt 0686 Sfmt 0634 E:\BR99\S22JN9.000 S22JN9 June 22, 1999 CONGRESSIONAL RECORD—SENATE 13737 Prior to that collapse, U.S. steel Several Senators addressed the from West Virginia left off, and that is manufactures were enjoying good Chair. to make very clear what we are voting times. Indeed, a decline in domestic Mr. BIDEN. Will the Senator yield on today. We are not voting on a steel steel shipments was witnesses in 1998, me 15 seconds? quota bill. We are voting simply to but the decline, which was slight, came The PRESIDING OFFICER. The Sen- bring the issue to the floor of the Sen- on the heels of six straight years of ator from Delaware. ate for open debate and discussion and growth. The industry enjoyed good Mr. BIDEN. The pain is real, the need amendment. I do not think anyone in times, they benefited from the growth is real, but the answer is wrong. We are this Chamber can say what has gone on in demand, from the construction boom not voting up and down on this bill. We in the steel industry has been good for here and abroad. But economic up- are voting to proceed. I am going to America. I have heard from some of the heaval abroad has had a major affect vote to proceed in the hope that be- speakers—incredibly so—that somehow on demand, prices, productivity and tween now and the time we vote on or another this was good for American profit. Capacity was moving along only this bill, the administration and others jobs; we create American jobs when to face an almost instanteous drop in understand there is a need for an an- people illegally, against our trade laws, demand. Those factors as having con- swer. This is not the answer. I would being subsidized by foreign govern- tributed to the drop in demand have vote against the bill, but I will vote to ments, dump product into this coun- been minimized. Another factor, the proceed. try—that somehow that is good for labor stoppage at General Motors last The PRESIDING OFFICER. Who America. summer, has barely been mentioned. yields time? I do not think it is good for America. Businesses endure business cycles. I The Chair recognizes the majority We have laws that are in place to stop have all the confidence that the indus- leader. that because we think it is unfair. We try will take the steps necessary to re- Mr. LOTT. Mr. President, has all think that is illegal. So when I hear main competitive, but taking this leg- time been consumed? these arguments that we have to let islative action to address the condi- The PRESIDING OFFICER. No; 4 the marketplace work, the fact is the tions of one industry is unwise. Those minutes 25 seconds remain. marketplace is not working. The ad- factors have been minimized as con- Mr. LOTT. At the appropriate time, I ministration is not working in enforc- tributing to the decline in demand will use leader time to wrap up debate ing our laws. So what we are saying is, around the world. Another factor, the on this issue. the Congress needs to get to work. Con- labor stoppage at General Motors last The PRESIDING OFFICER. The Sen- gress needs to get to work, to talk summer, cannot be underestimated for ator from Pennsylvania. about how we can put this together. its impact on demand and prices. Mr. SANTORUM. Mr. President, I We are being asked to take legisla- yield 2 minutes to the junior Senator The Senator from Michigan talked tive action to protect a single industry from West Virginia for his remarks. about the bill that came out of the Fi- from conditions that are largely the re- The PRESIDING OFFICER. The Sen- nance Committee. That could be an sult of the economy and their business ator from West Virginia. amendment to this bill. It could be a decisions and planning. An act such as Mr. ROCKEFELLER. Mr. President, I substitute to this bill. If you want a ve- this cannot be taken without having will not even take that amount of hicle to have a fair and honest debate severe and far reaching consequences time. Senator GRAMM and Senator about what our steel policy should be, for many other industries. As we have NICKLES and others, have said vote what our trade policy should be, this is heard on the floor of the Senate, and against this bill. You will have a the vehicle to do it. Let’s vote on the their own business decisions taking chance to vote against this bill. That is motion to proceed. Let’s bring up this legislative action that will benefit a not what we are about today. We are matter. It is an important matter, as single industry is a purely protec- voting on the motion to proceed to dis- the Senator from West Virginia said, to tionist act. cuss an extraordinarily complex issue, at least 16 States. It has impacted tens Mr. President, we have made a com- the ramifications of which a lot of peo- of thousands of workers across this mitment in this country to advancing ple do not know. It has been pointed country. It is a very serious, desperate freer trade and open borders. I believe out we are in violation of WTO. It has situation for many major companies in it is in the best interest of our country not been pointed out we are trying to the United States. All we are asking and in the best interests of future gen- follow our Trade Act, which we our- for out of this vote is to let us be heard erations. Trade has many benefits. The selves passed in the Congress and on the floor of the Senate. If you do competition has led to dramatic im- which was signed by a previous Presi- not like the solution, as the Senator provement in the efficiency and the dent. from Delaware said—the junior Sen- profitability of the domestic auto in- Please, this is the motion to proceed. ator from Delaware said he does not dustry. It has led to improvements in We traditionally are fair about these like the solution—fine. Bring up an- the efficient and profitability of the things. This is a complex subject. Steel other measure. Bring up an alter- domestic steel industry. Prior to the is only produced in 16 States in a major native. We will have a debate on that. year 1998, shipments of steel increased way. A lot of people have a lot to learn. We will have a vote on that, and we for six straight years. I believe that We are not voting on the quota bill. will work our will in the Senate to ad- growth will return. The benefits are We are voting on the motion to proceed dress an issue that needs to be ad- seen all around us in the form of more to simply talk about it. We have had a dressed. That is all we are saying. efficient industries, cheaper products very high barrier to reach. Please, let the folks back in Akron, and better made products. Finally, I say the crisis is not over. I OH, in Pittsburgh, PA, and Weirton, Trade also advances our standard of repeat that. The first 4 months of this WV, the people in the Senate care living. As we enjoy the benefits of this year compared to the first 4 months of about what is going on in their lives. communications revolution, open mar- last year—last year being the worst Let them know we are not deaf to the kets will permit it to be prolonged. If year in history in terms of imports— pain they are going through in losing other countries close down their mar- steel imports were only down by 5 per- their jobs. Let them know by just giv- kets, the avenues to continue to sell cent. The crisis lives. The time to vote ing us a chance to debate this bill and these products will begin to evaporate. for an honest discussion of the issue is do something about the crisis in the There is no dispute the types of jobs now. We can do that by voting yes on steel industry in this country. that have been created because of this the motion to proceed. I yield the floor. revolutions—they are high paying and The PRESIDING OFFICER. Who The PRESIDING OFFICER. The highly skilled jobs, the type of jobs yields time? Chair recognizes the majority leader. that have contributed to the con- The Senator from Pennsylvania. Mr. LOTT. Mr. President, I would tinuing escalating standard of living in Mr. SANTORUM. Mr. President, I like to use some of my leader time now the United States. want to pick up where the Senator to close debate on this issue. First, I

VerDate jul 14 2003 14:17 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00030 Fmt 0686 Sfmt 0634 E:\BR99\S22JN9.000 S22JN9 13738 CONGRESSIONAL RECORD—SENATE June 22, 1999 yield a minute to the Senator from one we should be considering. But do The legislative clerk called the roll. Idaho to comment. not fool yourselves; this is not an in- Mr. NICKLES. I announce that the The PRESIDING OFFICER. The Sen- consequential vote. Don’t be saying we Senator from Arizona (Mr. MCCAIN) is ator from Idaho is recognized for 1 can vote for this on the motion to pro- necessarily absent. minute. ceed and then we can vote against it The result was announced—yeas 42, Mr. CRAIG. Mr. President, I thank later on. In order to go forward, the nays 57, as follows: the leader for yielding. proponents have to get 60 votes today [Rollcall Vote No. 178 Leg.] This is not an issue about steel. This but only 51 tomorrow. YEAS—42 is an issue about trade. The United So I urge my colleagues, do not say, Bayh Feingold Robb States will be hosting the World Trade I’ll give them a procedural vote. What Bennett Harkin Rockefeller Organization’s ministerial meeting in you may be giving them is something Biden Hatch Santorum Boxer Helms Sarbanes Seattle later this year. If this Senate that would be very dangerous, because Burns Hollings Schumer voted out a quota bill at a time when we then could be voting on the sub- Byrd Inhofe Sessions we were expecting to engage the rest of stance itself. I think the consequences Campbell Johnson Shelby of such a vote that would befall Amer- Conrad Leahy Smith (NH) the world in further discussion about Daschle Levin Snowe knocking down trade barriers to give ica’s economy and our trade policy DeWine Lincoln Specter agriculture and other trade entities would be dire, indeed. Not only would Dodd Mikulski Stevens greater opportunity in the world mar- it increase the burden on our con- Dorgan Murray Thurmond sumers, it would also run counter to Durbin Reed Torricelli ket, this Senate and this Government Edwards Reid Wellstone would be sending the wrong message. our international trade agreements, NAYS—57 I am not going to argue with the Sen- and it would adversely affect our businesses and farmers that depend upon Abraham Enzi Kyl ator from Pennsylvania. There is no Akaka Feinstein Landrieu question the steel industry has been access to these international markets. Allard Fitzgerald Lautenberg hurt. Agriculture is being hurt as we There is no question this bill would un- Ashcroft Frist Lieberman speak, but we do not close our borders dercut the economic growth we enjoy Baucus Gorton Lott today. It would be starting down an ex- Bingaman Graham Lugar and turn our lights out. We work to Bond Gramm Mack build a stronger and more fair trade or- tremely dangerous path. Breaux Grams McConnell ganization around the world. We all struggle with similar issues in Brownback Grassley Moynihan Furthermore, this act would violate our own States in one area or an- Bryan Gregg Murkowski other—perhaps agriculture here, tex- Bunning Hagel Nickles our international obligations under the Chafee Hutchinson Roberts World Trade Organization and General tiles there, something else elsewhere. Cleland Hutchison Roth Agreement on Trade and Tariffs. By But free trade has been proven, time Cochran Inouye Smith (OR) closing the U.S. Steel market, we and time again, to benefit America, to Collins Jeffords Thomas benefit American consumers. It is the Coverdell Kennedy Thompson would encourage other countries to fol- Craig Kerrey Voinovich low our lead and undermine the system right thing to do, and we should not Crapo Kerry Warner that the United States has worked so start down the trail of passing quotas Domenici Kohl Wyden hard to establish. If we are to expect here, there, or somewhere else. NOT VOTING—1 I urge my colleagues, vote against other countries to honor their obliga- McCain cloture. tions under these agreements, we must I yield the floor. The PRESIDING OFFICER. On this do the same. CLOTURE MOTION vote, the yeas are 42, the nays are 57. Mr. President, raising barriers The PRESIDING OFFICER. Under Three-fifths of the Senators duly cho- against steel imports will only provide the previous order, the cloture motion sen and sworn not having voted in the the steel industry temporary benefits having been presented under rule XXII, affirmative, the motion is rejected. while the American consumers suffer the Chair directs the clerk to read the Mr. ROTH. Mr. President, I move to long-term consequences. Products that motion. reconsider the vote. are made from steel, such as cars, The legislative clerk read as follows: Mr. MOYNIHAN. I move to lay that homes, and appliances, will cost more motion on the table. CLOTURE MOTION to produce and will become more ex- The motion to lay on the table was We the undersigned Senators, in accord- pensive to consumers. For example, agreed to. ance with the provisions of rule XXII of the The PRESIDING OFFICER. Under large U.S. companies, such as Cargill Standing Rules of the Senate, do hereby and Hewlett Packard, that have sub- move to bring to a close debate on the mo- the previous order, the Senator from stantial business in Idaho would be ad- tion to proceed to Calendar No. 66, H.R. 975, Connecticut is recognized. versely affected. This situation will The Steel Import Limitation Bill. Mr. DODD. Mr. President, I suggest cause American consumers to purchase Trent Lott, Rick Santorum, Mike the absence of a quorum. The PRESIDING OFFICER. The less and put millions of American jobs DeWine, Jesse Helms, Ted Stevens, Harry Reid, Byron Dorgan, Orin Hatch, clerk will call the roll. at risk. These consequences far exceed Jay Rockefeller, Robert C. Byrd, Rob- The assistant legislative clerk pro- the risks the steel industry is facing. ert Torricelli, Fritz Hollings, Pat Rob- ceeded to call the roll. I yield the time. erts, Arlen Specter, Richard Shelby, Mr. MOYNIHAN. Mr. President, I ask Mr. LOTT. Mr. President, at the re- and Craig Thomas. unanimous consent that the order for quest of the Senator from Pennsyl- CALL OF THE ROLL the quorum call be rescinded. vania, Mr. SANTORUM, and others, we The PRESIDING OFFICER. By unan- The PRESIDING OFFICER. Without are going to have this vote today. They imous consent, the mandatory quorum objection, it is so ordered. made the point this was an important call has been waived. Mr. MOYNIHAN. Mr. President, I ask issue to them. They thought there VOTE unanimous consent to speak for 1 should be some discussion about it and The PRESIDING OFFICER. The minute. asked for an opportunity to have some question is, Is it the sense of the Sen- The PRESIDING OFFICER. Without debate and a vote. Little did I know at ate that debate on the motion to pro- objection, it is so ordered. the time it was going to be a weekly ceed to the consideration of H.R. 975, Mr. MOYNIHAN. Mr. President, the event. an act to provide for a reduction of the distinguished chairman of the Finance Last week it was the revolving fund volume of steel imports, and to estab- Committee just made this remark to loan for steel. This week it is the quota lish a steel import notification and me. He is too modest, perhaps, to say it bill. Next week it will be something monitoring program, shall be brought himself. He suggested that we have just else. In fact, the Finance Committee to a close? taken what will likely be the most im- has reported out something, and it is The yeas and nays are required under portant vote of this session of the Con- probably, of the three options, the only the rule. The clerk will call the roll. gress. It was the first such vote we

VerDate jul 14 2003 14:17 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00031 Fmt 0686 Sfmt 0634 E:\BR99\S22JN9.000 S22JN9 June 22, 1999 CONGRESSIONAL RECORD—SENATE 13739 have had, I know, in my 23 years on the In the interest of accuracy and thor- even though there is a grievance proc- Committee on Finance—a solid affir- oughness, the amendment would also ess, there is a tendency in the Congress mation of a half century, and more, of require the inspector general to include to assume that the inspector general American trade policy. exculpatory information about an indi- has accurately stated the case and the I thank the Chair and yield the floor. vidual that is discovered in the course individual’s promotion prospects are Mr. ROTH. Mr. President, first of all, of the investigation to be included in put into jeopardy. I want to just thank my distinguished the final report produced by the inspec- The chairman and ranking member colleague, Senator MOYNIHAN, for his tor general. know that I propose this amendment in invaluable assistance on this most im- I am not going to take a great deal of part because I know firsthand that had portant matter. I think the two of us the Senate’s time on the specific de- the inspector general checked out some believe very strongly that there will be tails of this amendment because I of the information her investigators er- no more important a vote than the one know the managers very much wish to roneously included in one of their re- we just took. It is important from the complete action on this bill. But it ports related to this Senator, that in- standpoint of our national economy; it seems what I have said about this formation would never have been part is important from the point of view of amendment is common sense. One of the report. our steel industry; it is important from would assume that what I have said In fact, I ask unanimous consent at the standpoint of our workers. I know would be the case already. If allega- this point to have printed in the RECORD some correspondence between it was a very difficult vote for many tions involving a criminal matter myself and the inspector general. people, but I want to express my public would be raised about any citizen of appreciation for their assistance. There being no objection, the mate- this country, under due process that rial was ordered to be printed in the I yield the floor. citizen would have the right to know Mr. DODD. Mr. President, I voted to RECORD, as follows: about those allegations and an oppor- invoke cloture. It was a difficult vote. U.S. SENATE, tunity to respond to those allegations, The chairman of the Finance Com- Washington, DC, March 6, 1996. and any exculpatory information would mittee and the Senator from New York Hon. JACQUELYN L. WILLIAMS-BRIDGERS, be included in the determination of deserve a great deal of credit for bring- Inspector General, Department of State, Wash- whether or not to go forward. We would ing this up the way they did. I regret ington, DC. assume that to be the case. DEAR MS. WILLIAMS-BRIDGERS: I am writ- we didn’t get cloture. I think the bill Candidly, I must tell you, when in- ing to you with respect to a report produced would have needed work, I must say, vestigations are done by the inspector by your office late last year concerning an before it reached final passage, had clo- investigation conducted about matters re- general at the State Department—and, ture been invoked. lated to the U.S. Embassy in Dublin and the regrettably, other agencies—that is not U.S. Ambassador Jean Kennedy Smith— f the case. So this amendment on this ‘‘Special Inquiry, Embassy Dublin, Republic FOREIGN RELATIONS AUTHORIZA- bill is designed to correct the problem of Ireland, Jean Kennedy Smith, Ambas- TION ACT, FISCAL YEARS 2000 at the State Department. It doesn’t go sador, Dennis A. Sandberg, Deputy Chief of AND 2001 any further than that. Mission, December 29, 1995.’’ I am shocked and angered by the cavalier I want to thank Senator HELMS and Mr. DODD. Mr. President, if I may, I manner in which your office saw fit to in- ask what the pending business is in the Senator BIDEN for their assistance with clude my name in this report eight times, Senate? this amendment and mention, in par- purporting to represent my conversations, The PRESIDING OFFICER. Under ticular, that Senator HELMS and I will comments or intentions with respect to indi- the previous order, up to 15 minutes is be including a colloquy for the RECORD viduals employed at the U.S. Embassy in allotted to the Senator from Con- that clarifies technical matters with Dublin, without ever making any effort to contact me or my office for comment. Had necticut. respect to the intent and scope of this amendment. I have proposed this you done so, I would have told you in the Mr. DODD. Mr. President, I thank strongest terms that there was absolutely no the Chair. amendment because I truly believe truth to the suggestion made in the report Mr. President, it is my understanding that it will improve the functioning that I took or sought to take retribution that the managers of the pending bill and work product of the Office of the against individuals in the Embassy because graciously agreed to include one of two Inspector General in carrying out her of some policy or personality differences of the amendments I had proposed to investigations. that they may have with Ambassador Smith. offer in the managers’ package that I also have another motive as well. It I am certain anyone who reads this report is a matter of fundamental fairness, in will be shocked to discover that never once will be adopted later today. I extend was I contacted by your ‘‘investigators.’’ It my thanks to Senator BIDEN and Sen- my view. would seem to me that a very basic element ator HELMS. Many of the investigations that the of any credible and professional investiga- Mr. BIDEN. Mr. President, if the Sen- IG deals with in the course of her du- tion is that anyone who might be able to be ator will yield, it is true; we have ac- ties would be improved, in my view, shed light on the matter under investigation cepted it. It is a very good amendment were the individuals involved given an be contacted, particularly when you intend and we are delighted to do that. opportunity to comment about the in- to include that individual’s name in the final Mr. DODD. I thank the Senator from formation developed in the course of report. I wonder how many other individuals Delaware. Let me briefly describe what whose names are mentioned in this report the investigation as it relates to those were never contacted or interviewed by your that amendment is, and then I am also individuals. Sadly, this is not the gen- office? Frankly, the clear misrepresentations going to propose a second amendment, eral practice of the inspector general, contained in the report as it relates to me which, again, the chairman of the com- although it does happen in some cases seriously call into question the quality and mittee and the ranking member are fa- at the discretion of the inspector gen- integrity of the report in its entirety. miliar with. My intent is not to force a eral. In most cases, a report gets final- I believe that simple fairness and profes- vote on that amendment but to raise ized from the inspector general, and sionalism dictate that I receive an apology from your office for such unprofessional be- the issue included in the amendment. the individual never gets a chance to havior. The amendment that will be adopted correct what may be factual inaccura- Sincerely yours, later today would direct the Office of cies before a decision is taken to refer CHRISTOPHER J. DODD, the Inspector General of the Depart- the matter to the Justice Department, U.S. Senator. ment of State ‘‘to make every reason- or to the Director General of the State able effort to ensure that each person Department for possible criminal pros- DEPARTMENT OF STATE, named in a report of investigation by ecution or for disciplinary action. THE INSPECTOR GENERAL, that office be afforded an opportunity I think it is only fair to allow an in- Washington, DC, March 8, 1996. Hon. CHRISTOPHER J. DODD, to refute allegations or assertions that dividual to be provided that informa- U.S. Senate, Washington, DC. may be contained in such report about tion prior to some disciplinary action DEAR SENATOR DODD: I am writing in re- him or her.’’ being recommended, because, frankly, sponse to your letter of March 6, 1996, and as

VerDate jul 14 2003 14:17 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00032 Fmt 0686 Sfmt 0634 E:\BR99\S22JN9.000 S22JN9 13740 CONGRESSIONAL RECORD—SENATE June 22, 1999 a followup to our telephone conversation last Mr. DODD. Mr. President, I was never as we have, for example, the Attorney night concerning our December 29, 1995, Spe- asked about the allegations, nor appar- General’s office, or the overall func- cial Inquiry of Embassy Dublin. ently was anyone else in this report tioning of the State Department. Let me begin by stating emphatically that this office is in possession of no information conducted by the inspector general. I hope this is the beginning of not whatever which would suggest that you The report alleged that I had tried to any kind of witch hunt but just a seri- ‘‘took or sought to take retribution against punish or to harm in some way two ous, thoughtful oversight about wheth- individuals in the Embassy because of some State Department employees for using er or not the inspector general’s au- policy or personality differences they may the dissent channel by blocking their thority puts it in a position where it have had with Ambassador Smith.’’ Our in- promotions internally. When I ques- has sort of incrementally involved tention in the Dublin report was merely to itself in a way that the rights of indi- convey the fear that was engendered in the tioned the IG about the matter, she ad- minds of career employees by the clear mis- mitted that her investigators had not viduals who are being looked at or who use of your name and position by an indi- done a very professional job. There was are caught up in a net are, quite frank- vidual who purported to speak for the Am- not a shred of evidence within the De- ly, not treated the way we would ex- bassador. Indeed, while Ambassador Smith partment to indicate that I had done pect, for example, the U.S. Attorney’s confirmed that she told you about the dis- anything with regard to this matter. I Office to proceed. sent cable, she emphatically denied that she didn’t even know who these people I thank the Senator. As I said, I like provided you or anyone else with the names the second amendment which he is of the dissenters. We have no reason to be- were, nor did anyone on my staff. lieve that she did. Moreover, Ambassador Had I been given access to those por- going to be withdrawing. Hopefully, we Smith herself never suggested to us that you tions of the report as they related to will have an opportunity, with his lead- made the critical comments attributed to me, I think this mistake would have ership, to revisit that on another piece you by her assistant and, again, we have no been caught and it would never have of legislation, or on the floor independ- reason to believe that you did. Because we been included in the final report. The ently. believed that your name and title was ban- inspector general did subsequently Mr. DODD. I thank my colleague died about without your knowledge or au- from Delaware. thorization in what amounted to a brazen apologize to me both personally and in fear campaign, we never attempted to inter- writing. I am grateful to her for that; AMENDMENT NO. 690 view you concerning the matter. That was a however, I am not sure that ordinary Mr. DODD. Mr. President, I call up clear mistake on our part. Foreign Service officers or political ap- amendment No. 690. In retrospect, at a minimum, we should pointees would have been given similar The PRESIDING OFFICER. The have made it absolutely clear in our report treatment, and the damage to their ca- clerk will report. that we had no reason to believe the asser- The legislative clerk read as follows: tions made about you, either with respect to reers and reputations would have al- The Senator from Connecticut (Mr. DODD) your purported reaction upon being told of ready occurred in any event. proposes an amendment numbered 690. the conduct of the Dublin dissenter or with That is why I believe this amend- regard to your alleged intention to person- ment is very important. I thank again Mr. DODD. Mr. President, I ask unan- ally discuss the matter with the affected em- Senator HELMS and Senator BIDEN and imous consent that reading of the ployees. While we repeatedly used modifiers their staffs for helping put this matter amendment be dispensed with. such as ‘‘reportedly’’ when discussing any- together. This way it would at least The PRESIDING OFFICER. Without thing relating to what you were alleged to objection, it is so ordered. have said, I now realize that we should have allow for people who are charged with provided you with an opportunity to com- these matters to have an opportunity The amendment is as follows: ment. The Boston Herald article of March 5, to respond, to know what they are At the appropriate place in the bill, insert 1996, clearly demonstrated how mischief being charged with so that corrections the following new section— could be made of your name in this matter. can be made. SEC. . TRANSFER OF AUTHORITY FOR CRIMINAL I apologize for not being more sensitive to INVESTIGATIONS FROM STATE DE- Again, I emphasize that if you are PARTMENT INSPECTOR GENERAL TO how our language could be misconstrued. I not a well-known individual, you might intend to use this error constructively to en- DIPLOMATIC SECURITY SERVICE. sure that such a problem does not recur. not get the kind of apology and the (a) Section 37(a)(1) of the State Depart- The Privacy Act compels us in the normal corrections that I think ought to be ment Basic Authorities Act of 1956 (22 U.S.C. circumstances to redact names, titles, and made. That is why I believe this 2709(a)(1)) is amended to read as follows: identifying information from sensitive re- amendment is important. ‘‘(1) conduct investigations— ‘‘(A) concerning illegal passport or visa ports prior to their public release. Had this Let me turn, if I can, to a second report been requested through the Freedom issuance or use; and amendment. ‘‘(B) concerning potential violations of of Information Act or the Privacy Act, we Mr. BIDEN. Mr. President, if the Sen- most certainly would have redacted your Federal criminal law by employees of the name and title from the report. We are re- ator will yield for a moment before he Department of State or the Broadcasting quired, however, to provide, unredacted re- turns to the second amendment, I can’t Board of Governors.’’ (b) Section 209(c)(3) of the Foreign Service ports to relevant oversight committees at emphasize how important I think the Act of 1980 (22 U.S.C. 3929(c)(3) is amended by the Chairman’s request. change is that the Senator suggests In accordance with the mandate of the In- adding the following— and the enthusiasm with which we ac- ‘‘In such cases, the Inspector General shall spector General Act to keep the Congress cept the amendment. immediately notify the Director of the Dip- fully informed of matters within its jurisdic- I happen to like the Senator’s second tion, I provided, upon request, copies of the lomatic Security Service, who, unless other- unredacted Dublin Special Inquiry to the amendment that he is going to with- wise directed by the Attorney General, shall Senate Foreign Relations Committee on draw. I hope that will happen in the re- assume the responsibility for the investiga- Wednesday, February 28, 1996. My trans- mainder of this year. If we can’t get it tion.’’ (b) The amendment made by this section mittal letter reiterated that this report had done this year, I hope we can next shall take effect October 1, 2000. not been reviewed in accordance with the year. I hope the committee will take a (c) Not later than February 1, 2000, the Sec- Freedom of Information Act or the Privacy look at the entire functioning of the retary of State and the State Department In- Act for release to the public and that any inspector general’s office. Quite frank- spector General shall report to the appro- improper release of information from this rely, a similar thing came up in my other priate congressional committees on— port would seriously undermine my statu- (1) the budget transfer required from the tory responsibilities in the Department. committee, the Judiciary Committee. Inspector General to the Diplomatic Secu- While I am certain that this is of little Quite frankly, I think we initiated rity Service to carry out the provisions of consolation to you, I firmly believe that the reforms that were needed a decade or reason we did not attempt to interview you this section; more ago to provide for these inspector (2) other budgetary resources necessary to is that we felt that you had done nothing generals, and they are throughout the carry out the provisions of this section; wrong. I recognize that our subjective judg- Government, which is a good thing. It (3) any other matters relevant to the im- ment in that regard is not necessarily clear plementation of this section. from an objective reading of the report. is not a bad thing. But what we haven’t Again, for that I apologize. done, in my opinion, is we haven’t Mr. DODD. Mr. President, this Sincerely, given the same kind of scrutiny and amendment would transfer the author- JACQUELYN L. WILLIAMS-BRIDGERS. oversight into how the offices function ity for criminal investigations from

VerDate jul 14 2003 14:17 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00033 Fmt 0686 Sfmt 0634 E:\BR99\S22JN9.001 S22JN9 June 22, 1999 CONGRESSIONAL RECORD—SENATE 13741 the State Department Office of Inspec- State Department Office of the Inspec- Thereupon, the Senate, at 1:11 p.m., tor General to the Office of Diplomatic tor General to task for the sloppiness recessed until 2:16 p.m.; whereupon, the Security in cases of passport fraud and and lack of professionalism with which Senate reassembled when called to to the Attorney General in cases of it conducted the initial investigation order by the Presiding Officer [Mr. other potential criminal offenses. of this matter. He concluded by saying INHOFE]. Let me say at the very outset that I that this matter should never have f realize this is a very controversial been referred for criminal prosecution, amendment. But I would like to take nor should an independent counsel FOREIGN RELATIONS AUTHORIZA- this opportunity to explain to my col- have been appointed. TION ACT, FISCAL YEARS 2000 leagues why I have decided to discuss It is not my intention to push this AND 2001—Continued this matter today. amendment to a final vote. I know the AMENDMENT NO. 692 Based upon a number of inspector managers of the bill and the members The PRESIDING OFFICER. The Sen- general investigations I have reviewed, of the Governmental Affairs Com- ator from North Carolina. I question whether the inspector gen- mittee have some questions about this Mr. HELMS. Mr. President, how eral, who is not a lawyer, should be su- amendment as it is currently drafted. I many minutes are assigned to the dis- pervising criminal investigations at respect their judgment tremendously. tinguished Senator? all. The original mission of the inspec- At the very least, however, I believe The PRESIDING OFFICER. On the tor general was to perform routine au- there is a need for an independent Feingold amendment, 5 minutes equal- dits both to examine financial records agency, the General Accounting Office, ly divided—amendment No. 692. and to review the operations of various to take a long and hard and serious Mr. HELMS. And Senator LUGAR has programs. look at the practices of the inspector some time? The inspector general also is charged general’s office with respect to crimi- The PRESIDING OFFICER. It is 5 with inspecting overseas diplomatic nal investigations and assess whether minutes equally divided. Senator missions and domestic bureaus to en- these offices are the appropriate places LUGAR would have 21⁄2 minutes. sure that the State Department is per- for criminal matters to be looked at. Mr. HELMS. I thank the Chair. forming with maximum efficiency and These offices were set up to conduct I see both Senators on the floor. using resources appropriately. Cer- and perform certain valuable and im- The PRESIDING OFFICER. The Sen- tainly the inspector general can, and portant functions. In my view, as with ator from Wisconsin. should, continue to concentrate in so many other offices, once they get PRIVILEGE OF THE FLOOR these areas. But criminal investiga- started they go off into areas they lack Mr. FEINGOLD. Mr. President, I ask tions are far more complex and sen- expertise in and conduct investigations unanimous consent that Anne Alex- sitive than routine audits and inspec- which are questionable, at best. This ander, a fellow in my office, be actions. has happened, with little or no checks corded the privilege of the floor during I think many of my colleagues would and balances. the remainder of the debate on the Even under the independent counsel be surprised at the type and scope of State Department authorization bill. law, I point out, a person is entitled to investigations that the State Depart- The PRESIDING OFFICER. Without know what they are charged with and ment inspector general undertakes, objection, it is so ordered. given a chance to respond to the alle- and, frankly, at the number of matters Mr. FEINGOLD. Mr. President, be- gations raised. Under the Inspector that get referred to the Justice Depart- fore my time begins, I ask unanimous General’s investigations, a person is ment for further action which the Jus- consent to add the Senator from North not given those rights. Dakota, Mr. DORGAN, as a cosponsor of tice Department declines to take up. Fundamental due process would seem my amendment. The inspector general currently de- to insist everyone be given the oppor- The PRESIDING OFFICER. Without cides when and who to investigate. tunity to respond to charges leveled objection, it is so ordered. There are virtually no checks—none— against them. on the office once it has commenced a I think this is a serious matter. I am Mr. FEINGOLD. Mr. President, my criminal investigation. hopeful the matter can be corrected amendment does not kill the National While the State Department inspec- without having to go through a legisla- Endowment for Democracy, nor does it tor general’s office is supposed to be a tive route. I think it can be done ad- cut off one penny from its budget. neutral finder of fact, experience shows ministratively. I urge the State De- Rather, this amendment reforms the that historically that office has acted partment, the Secretary of State, and grant-making process of the NED. The NED seeks to promote democ- in a highly adversarial manner trying others to make these corrections. If racy around the world. I believe it is to establish cases that can be referred not, I will come back with this amend- only just and fair that its grant-mak- to the Justice Department. ment next year. I will offer it in coming process be open and competitive on I happen to believe, as an aside, that mittee and I will offer it on the floor to a level playing field for all applicants. the inspector general’s handling of legislatively deal with this issue. matters relating to Ambassador Rich- I am anxious to hear other thoughts Mr. President, 65 percent of NED’s ard Holbrooke unnecessarily delayed and ideas on how to correct this prob- grant money is automatically allo- the consideration of his nomination to lem. I take it seriously when the ca- cated to four so-called ‘‘core grantees,’’ the Senate and at additional taxpayer reers of individuals can be ruined and while everyone else has to compete for cost. destroyed by opening up one of these the remaining 35 percent of the budget. Let me, however, commend the chair- investigations without providing that I really do not think this is fair. man of the Foreign Relations Com- individual with an opportunity to re- The core grantees have done good mittee for the very thorough but expe- spond to those charges. work in promoting democracy abroad, ditious manner in which he has guided I ask unanimous consent to withdraw but are the programs sponsored by the the Foreign Relations Committee de- the amendment I offered a few mo- core grantees so superior to all the liberations of that particular nomina- ments ago. other programs we have that we must tion. The PRESIDING OFFICER. Without assume they should automatically get I would also like to call to the atten- objection, it is so ordered. the full 65 percent while everyone else tion of the Members the final report of has to compete for a much smaller f the independent counsel appointed to piece of the pie? investigate the so-called ‘‘Clinton pass- RECESS My amendment does not cut funding port matter,’’ which arose in the The PRESIDING OFFICER. Under for the NED or even necessarily for course of the 1992 Presidential elec- the previous order, the Senate will now these four grantee groups. It just tions. Joseph diGenova, the inde- stand in recess until the hour of 2:15 phases out, over a 5-year period, the pendent counsel in that case, took the p.m. automatic bonanza these groups get

VerDate jul 14 2003 14:17 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00034 Fmt 0686 Sfmt 0634 E:\BR99\S22JN9.001 S22JN9 13742 CONGRESSIONAL RECORD—SENATE June 22, 1999 every year. This amendment will sim- Mr. LUGAR. Yes. a centralized, bureaucratic structure ply level the playing field so these Mr. BIDEN. I agree with the Senator that would severely weaken the NED, groups have to compete for funding from Indiana and suggest it has the and slow the responsiveness of the core like everybody else. added benefit of taking four groups on grantees. It would also oblige the Re- So I urge my colleagues to under- different ideological ends of the spec- publican and Democratic institutes to stand this does not cut a penny. It does trum and having them cooperate, work compete with one another for the same not change the basic mission. It just together. It has a salutary impact on funding, so instead of working in tan- says we have reached the point, with how they function relative to one an- dem to promote American ideals these taxpayers’ dollars, where it real- other overall. abroad, they would be set at odds with ly should be phased down to the point The PRESIDING OFFICER. The Sen- each other. The same would happen where everything is done on a competi- ator’s time has expired. with the institutes for business and tive basis. Mr. HELMS. Mr. President, I ask for labor: conflict, rather then comity. The I urge my colleagues to support the the yeas and nays. harmonious package of programs would amendment. The PRESIDING OFFICER. Is there a be dissolved—for no apparent reason. The PRESIDING OFFICER. The Sen- sufficient second? The Endowment is a cost effective ator from Indiana. There appears to be a sufficient sec- initiative that works. Anyone who has Mr. LUGAR. Mr. President, I rise to ond. taken the time to examine the activi- oppose the amendment of the distin- The yeas and nays were ordered. ties of the Endowment’s core grantees guished Senator from Wisconsin. Mr. MOYNIHAN. Mr. President, the or talked with the beneficiaries of The National Endowment for Democ- Feingold amendment to the State De- their work in places like Northern Ire- racy for the last 18 years has made partment authorization bill would have land, Nigeria, Indonesia, Cuba and Bos- grants to organizations all over the the effect of diminishing the standing nia, would agree. world to boost democracy in the most enjoyed by the four principal grant- The NED should be encouraged to critical areas. It came about during the ees—and partners—of the National En- continue this mission, which reflects Reagan administration, in which the dowment for Democracy. the noblest American political tradi- genius of the plan, of pulling together When the Endowment was estab- tion and serves the strategic interests representatives of the Republican lished in 1983, the Congress envisioned of the United States. It should not be Party, the Democratic Party, the Na- that four core grantees would be estab- hamstrung by the new and unwar- tional Chamber of Commerce, and lished along with the NED to carry out ranted restrictions that are proposed in AFL–CIO, brought checks and balances its mission—the National Democratic this amendment. within our own political spectrum but Institute (NDI), the International Re- outside the State Department, outside publican Institute (IRI), the Center for It was the decision by the Congress the Government. For the last 18 years, International Private Enterprise that there should be four principal these grants have not been politicized. (CIPE) affiliated with the U.S. Cham- grantees of the Endowment because As a matter of fact, as there are areas ber of Commerce and the AFL-CIO’s they each have a unique contribution of concern that come to the board of Solidarity Center. The reason for this to make in promoting democracy. This the National Endowment, each of the decentralized approach was a belief— was a correct decision, and the core four groups is asked to meet the chal- shared by leading Democrats and Re- grantees should continue to be seen as lenge, to offer alternatives competi- publicans alike—that the promotion of different from other grantees and an tively for peer review, and then review democracy is an enduring American in- integral part of the Endowment. If we by staff, and finally votes by members. terest and that representatives of should now change the Endowment’s I have been privileged to serve for the American civil society would be better fundamental premise, the ability of last 8 years on the board of the Na- able than government officials to help these core grantees to respond quickly tional Endowment for Democracy. At their counterparts—political parties, to democratic openings will be under- each meeting I have examined over 100 labor movements, business associations mined. of these grants. They come, each time, and civic groups—that are struggling It has been suggested that under the with really superior effort by four enti- to build democratic systems in their current arrangement the work of the ties we can count on, the two party in- own countries. Private organizations core grantees is not subject to ade- stitutes in the Chamber and the labor doing private work in the public inter- quate scrutiny because the Endowment people of this country. est ought to be supported and expanded each year sets aside a modest alloca- I see no need to amend that process. by federal funding. tion of funding for each of their pro- It is a process that has worked well. It The National Endowment for Democ- grams. This allocation—of 4.1 million is a process that has not been politi- racy has been debated on this floor on for each institute’s global array of pro- cized. It has a good track record. If the numerous occasions, most recently at grams—does not mean that they get a Senator’s amendment is adopted, we some length in 1997, after which the free ride or a blank check. It is impor- will inevitably have a fairly large bu- Senate voted 72 to 27 to reaffirm its tant to note that every single one of reaucracy of people sifting through support for the Endowment and its pro- the over 200 grants awarded annually grants from all sources. grams. Along with successive Adminis- by the Endowment is strictly reviewed Grants do come from some 250 dif- trations—including those of Presidents by program and financial staff and by a ferent entities and formulate at least a Reagan, Bush and Clinton alike—this distinguished bipartisan Board of Di- third of the grants that are awarded by body has consistently voiced its sup- rectors currently chaired by the distin- the board. Some of these are worthy port for the mission and unique con- guished former congressman from Indi- and some are not so worthy, but we can tribution to the spread of democracy ana, Dr. John Brademas. This is true count upon quality of response, and I by this organization. regardless of whether the grantee is think that is important. It is a situa- The Feingold amendment would one of the four core grantees or not. tion of trying to fix something that is eliminate the concept of the ‘‘core The core grantees are covered by the not broke, and I hope Senators will re- grantees’’ of the Endowment which is same reporting and evaluation require- sist that impulse. There is not a com- the heart of the operational premise ments that effect all grantees. Let us pelling need for change. The amend- that the NED embodies. While the leave the decision-making for the allo- ment did not have any type of airing in amendment purports to make the En- cation of funding in the very able a hearing for examination and for tes- dowment more efficient and effective hands of the Endowment’s Board of Di- timony by witnesses on either or all by making all NED grants competitive, rectors, which includes some of the sides. it would actually have the opposite ef- most accomplished international af- Mr. BIDEN. Will the Senator yield fect. If passed, the amendment’s unin- fairs strategists and democrats in the for 5 seconds? tended consequence would be to create United States.

VerDate jul 14 2003 14:17 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00035 Fmt 0686 Sfmt 0634 E:\BR99\S22JN9.001 S22JN9 June 22, 1999 CONGRESSIONAL RECORD—SENATE 13743 This body frequently earmarks orga- Mr. BIDEN. I move to lay that mo- (c) EFFECTIVE DATE.—The amendments nizations that it believes should re- tion on the table. made by subsections (a) and (b) shall apply ceive public support. There is nothing The motion to lay on the table was to individuals appointed on or after the date wrong nor nefarious in this approach. I agreed to. of enactment of this Act. hope the Senate will take this oppor- AMENDMENT NOS. 705 THROUGH 731 EN BLOC AMENDMENT NO. 708 tunity to reaffirm its strong support Mr. HELMS. Mr. President, we have for the work of the four institutes asso- an agreement on both sides for a man- (Purpose: To provide a clarification of an exception to national security controls on ciated with the Endowment—the re- agers’ package of amendments, which I satellite export licensing) publican and democratic party insti- send to the desk, including amend- On page 96, after line 21, add the following tutes, and those associated with the ments by Senator BIDEN and myself new section: labor movement and the business com- and Senators ABRAHAM and GRAMS, SEC. ll. CLARIFICATION OF EXCEPTION TO NA- munity—by voting No on the Feingold KENNEDY, DURBIN, LEAHY, MOYNIHAN, TIONAL SECURITY CONTROLS ON amendment. REID, BINGAMAN, THOMAS, BIDEN and SATELLITE EXPORT LICENSING. This amendment seeks to fix some- ROTH, two amendments by Senator Section 1514(b) of Public Law 105–261 is thing that is not broken. The amend- LUGAR, Senators MCCAIN, SCHUMER and amended by striking all that follows after ment will not improve the Endowment, BROWNBACK, MACK and LIEBERMAN, ‘‘EXCEPTION.—’’ and inserting the following: but to weaken its unique capacity to be GRAMS and WELLSTONE, DODD, ‘‘Subsections (a)(2), (a)(4), and (a)(8) shall not apply to the export of a satellite or satellite- flexible, responsive and effective. The ASHCROFT, HARKIN, FEINGOLD, and related items for launch in, or by nationals last thing we should do is to hastily FEINSTEIN. of, a country that is a member of the North tinker with the internal workings of This package of amendments has Atlantic Treaty Organization (NATO) or this important institution without any been agreed to under a previous order. that is a major non-NATO ally (as defined in serious examination of the supposed The PRESIDING OFFICER (Mr. section 644(q) of the Foreign Assistance Act problems this amendment is meant to CRAPO). The clerk will report. of 1961 (22 U.S.C. 2403(q)) of the United States address. The assistant legislative clerk read unless, in each instance of a proposed export The PRESIDING OFFICER. The as follows: of such item, the Secretary of State, in con- question is on agreeing to amendment The Senator from North Carolina (Mr. sultation with the Secretary of Defense, first No. 692. The yeas and nays have been HELMS), for himself and Mr. BIDEN, Mr. provides a written determination to the ABRAHAM and Mr. GRAMS, Mr. KENNEDY, Mr. Committee on Foreign Relations of the Sen- ordered. The clerk will call the roll. ate and the Committee on International Re- The assistant legislative clerk called DURBIN, Mr. LEAHY, Mr. MOYNIHAN, Mr. REID, Mr. BINGAMAN, Mr. THOMAS, Mr. BIDEN and lations of the House of Representatives that the roll. Mr. ROTH, Mr. LUGAR, Mr. MCCAIN, Mr. SCHU- it is in the national security or foreign pol- Mr. NICKLES. I announce that the MER and Mr. BROWNBACK, Mr. MACK and Mr. icy interests of the United States to apply Senator from Arizona (Mr. MCCAIN) is LIEBERMAN, Mr. GRAMS and Mr. WELLSTONE, the export controls required under such sub- necessarily absent. Mr. DODD, Mr. ASHCROFT, Mr. HARKIN, Mr. sections.’’. The PRESIDING OFFICER. Are there FEINGOLD, and Mrs. FEINSTEIN, proposes any other Senators in the Chamber de- amendments numbered 705 through 731 en AMENDMENT NO. 709 siring to vote? bloc. (Purpose: To extend the use of the Foreign The result was announced—yeas 23, The amendments (Nos. 705 through Service personnel system) nays 76, as follows: 731) en bloc are as follows: On page 43, between lines 8 and 9, insert [Rollcall Vote No. 179 Leg.] (The text of amendment No. 705 is the following new section: YEAS—23 printed in today’s RECORD under SEC. 323. EXTENSION OF USE OF FOREIGN SERV- ICE PERSONNEL SYSTEM. Baucus Fitzgerald Nickles ‘‘Amendments Submitted.’’) Bingaman Grams Reid AMENDMENT NO. 706 Section 202(a) of the Foreign Service Act of Boxer Gregg Smith (NH) (Purpose: To amend the short title of the 1980 (22 U.S.C. 3922(a)) is amended by adding Bryan Helms Specter bill) at the end the following new paragraph: Dorgan Hollings ‘‘(4)(A) Whenever (and to the extent) the Thurmond On page 2, strike lines 3 and 4 and insert Durbin Johnson Wellstone Secretary of State considers it in the best in- ‘‘Admiral James W. Nance Foreign Relations Edwards Kohl Wyden terests of the United States Government, the Feingold Lincoln Authorization Act, Fiscal Years 2000 and Secretary of State may authorize the head of 2001’’. NAYS—76 any agency or other Government establishment (including any establishment in the Abraham Enzi Mack AMENDMENT NO. 707 Akaka Feinstein legislative or judicial branch) to appoint McConnell (Purpose: To require that the representative Allard Frist Mikulski under section 303 individuals described in of the United States to the Vienna office of Ashcroft Gorton Moynihan subparagraph (B) as members of the Service Bayh Graham Murkowski the United Nations also serve as represent- and to utilize the Foreign Service personnel Bennett Gramm Murray ative of the United States to the Inter- system with respect to such individuals Biden Grassley Reed national Atomic Energy Agency) under such regulations as the Secretary of Bond Hagel Robb On page 141, between lines 4 and 5, insert Breaux Harkin State may prescribe. Roberts Brownback Hatch the following new section: ‘‘(B) The individuals referred to in subpara- Rockefeller Bunning Hutchinson SEC. 825. UNITED STATES REPRESENTATION AT graph (A) are individuals hired for employ- Roth Burns Hutchison THE INTERNATIONAL ATOMIC EN- ment abroad under section 311(a).’’. Byrd Inhofe Santorum ERGY AGENCY. Campbell Inouye Sarbanes (a) AMENDMENT TO THE UNITED NATIONS Schumer AMENDMENT NO. 710 Chafee Jeffords PARTICIPATION ACT OF 1945.—Section 2(h) of Cleland Kennedy Sessions the United Nations Participation Act of 1945 (Purpose: To require an annual financial Shelby Cochran Kerrey (22 U.S.C. 287(h)) is amended by adding at the audit of the United States section of the Collins Kerry Smith (OR) end the following new sentence: ″The rep- International Boundary and Water Com- Conrad Kyl Snowe mission) Coverdell Landrieu Stevens resentative of the United States to the Vi- Craig Lautenberg Thomas enna office of the United Nations shall also On page 141, between lines 4 and 5, insert Crapo Leahy Thompson serve as representative of the United States the following new section: Daschle Levin Torricelli to the International Atomic Energy Agen- SEC. 825. ANNUAL FINANCIAL AUDITS OF UNITED DeWine Lieberman Voinovich cy.’’. STATES SECTION OF THE INTER- Dodd Lott Warner (b) AMENDMENT TO THE IAEA PARTICIPA- NATIONAL BOUNDARY AND WATER Domenici Lugar TION ACT OF 1957.—Section 2(a) of the Inter- COMMISSION. NOT VOTING—1 national Atomic Energy Agency Participa- (a) IN GENERAL.—An independent auditor McCain tion Act of 1957 (22 U.S.C. 2021(a)) is amended shall annually conduct an audit of the finan- by adding at the end the following new sen- cial statements and accompanying notes to The amendment (No. 692) was re- tence: ‘‘The Representative of the United the financial statements of the United jected. States to the Vienna office of the United Na- States Section of the International Bound- Mr. HELMS. Mr. President, I move to tions shall also serve as representative of the ary and Water Commission, United States reconsider the vote. United States to the Agency.’’. and Mexico (in this section referred to as the

VerDate jul 14 2003 14:17 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00036 Fmt 0686 Sfmt 0634 E:\BR99\S22JN9.001 S22JN9 13744 CONGRESSIONAL RECORD—SENATE June 22, 1999 ‘‘Commission’’), in accordance with gen- sponsibility Act of 1996 (8 U.S.C. 1221 note) is SEC. 734. ANNUAL REPORTS ON ENTRY-EXIT CON- erally accepted Government auditing stand- amended to read as follows: TROL AND USE OF ENTRY-EXIT CON- ards and such other procedures as may be es- TROL DATA. ‘‘(a) SYSTEM.— tablished by the Office of the Inspector Gen- (a) ANNUAL REPORTS ON IMPLEMENTATION ‘‘(1) IN GENERAL.—Subject to paragraph (2), eral of the Department of State. OF ENTRY-EXIT CONTROL AT AIRPORTS.—Not not later than 2 years after the date of enact- later than 30 days after the end of each fiscal (b) REPORTS.—The independent auditor ment of this Act, the Attorney General shall shall report the results of such audit, includ- year until the fiscal year in which the Attor- develop an automated entry and exit control ney General certifies to Congress that the ing a description of the scope of the audit system that will— and an expression of opinion as to the overall entry-exit control system required by sec- ‘‘(A) collect a record of departure for every tion 110(a) of the Illegal Immigration Reform fairness of the financial statements, to the alien departing the United States and match International Boundary and Water Commis- and Immigrant Responsibility Act of 1996, as the record of departure with the record of amended by section 732 of this Act, has been sion, United States and Mexico. The finan- the alien’s arrival in the United States; and cial statements of the Commission shall be developed, the Attorney General shall sub- ‘‘(B) enable the Attorney General to iden- mit to the Committees on the Judiciary of presented in accordance with generally ac- tify, through online searching procedures, the Senate and the House of Representatives cepted accounting principles. These financial lawfully admitted nonimmigrants who re- a report that— statements and the report of the independent main in the United States beyond the period (1) provides an accurate assessment of the auditor shall be included in a report which authorized by the Attorney General. status of the development of the entry-exit the Commission shall submit to the Congress ‘‘(2) EXCEPTION.—The system under para- control system; not later than 90 days after the end of the graph (1) shall not collect a record of arrival (2) includes a specific schedule for the de- last fiscal year covered by the audit. or departure— velopment of the entry-exit control system (c) REVIEW BY THE COMPTROLLER GEN- ‘‘(A) at a land border or seaport of the that the Attorney General anticipates will ERAL.—The Comptroller General of the United States for any alien; or United States (in this section referred to as be met; and ‘‘(B) for any alien for whom the documen- the ‘‘Comptroller General’’) may review the (3) includes a detailed estimate of the fund- tary requirements in section 212(a)(7)(B) of audit conducted by the auditor and the re- ing, if any, needed for the development of the the Immigration and Nationality Act have port to the Congress in the manner and at entry-exit control system. been waived by the Attorney General and the (b) ANNUAL REPORTS ON VISA OVERSTAYS such times as the Comptroller General con- Secretary of State under section 212(d)(4)(B) IDENTIFIED THROUGH THE ENTRY-EXIT CON- siders necessary. In lieu of the audit required of the Immigration and Nationality Act.’’. TROL SYSTEM.—Not later than June 30 of by subsection (b), the Comptroller General each year, the Attorney General shall sub- (b) EFFECTIVE DATE.—The amendment shall, if the Comptroller General considers it mit to the Committees on the Judiciary of necessary or, upon the request of the Con- made by subsection (a) shall take effect as if included in the enactment of the Illegal Im- the Senate and the House of Representatives gress, audit the financial statements of the a report that sets forth— Commission in the manner provided in sub- migration Reform and Immigrant Responsi- bility Act of 1996 (division C of Public Law (1) the number of arrival records of aliens section (b). and the number of departure records of VAILABILITY OF INFORMATION.—In the 104–208; 110 Stat. 3009–546). (d) A aliens that were collected during the pre- event of a review by the Comptroller General SEC. 733. REPORT ON AUTOMATED ENTRY-EXIT ceding fiscal year under the entry-exit con- under subsection (c), all books, accounts, fi- CONTROL SYSTEM. trol system under section 110(a) of the Illegal nancial records, reports, files, workpapers, Immigration Reform and Immigrant Respon- and property belonging to or in use by the (a) REQUIREMENT.—Not later than 1 year sibility Act of 1996, as so amended, with a Commission and the auditor who conducts after the date of enactment of this Act, the separate accounting of such numbers by the audit under subsection (b), which are Attorney General shall submit a report to country of nationality; necessary for purposes of this subsection, the Committees on the Judiciary of the Sen- (2) the number of departure records of shall be made available to the representa- ate and the House of Representatives on the aliens that were successfully matched to tives of the General Accounting Office des- feasibility of developing and implementing records of such aliens’ prior arrival in the ignated by the Comptroller General. an automated entry-exit control system that would collect a record of departure for every United States, with a separate accounting of such numbers by country of nationality and AMENDMENT NO. 711 alien departing the United States and match the record of departure with the record of by classification as immigrant or non- (Purpose: To require an examination of the the alien’s arrival in the United States, in- immigrant; and feasibility of duplicating the Embassy cluding departures and arrivals at the land (3) the number of aliens who arrived as Paris Regional Outreach Centers) borders and seaports of the United States. nonimmigrants, or as visitors under the visa On page 66, line 12, strike ‘‘and’’. waiver program under section 217 of the Im- On page 66, line 17, strike the period and (b) CONTENTS OF REPORT.—Such report migration and Nationality Act, for whom no insert ‘‘; and’’. shall— matching departure record has been obtained On page 66, between lines 17 and 18, insert (1) assess the costs and feasibility of var- through the system, or through other means, the following new subparagraph: ious means of operating such an automated as of the end of such aliens’ authorized pe- (F) examine the feasibility of opening new entry-exit control system, including explor- riod of stay, with an accounting by country regional outreach centers, modeled on the ing— of nationality and approximate date of ar- system used by the United States Embassy (A) how, if the automated entry-exit con- rival in the United States. in Paris, France, with each center designed trol system were limited to certain aliens ar- (c) INCORPORATION INTO OTHER DATA- to operate— riving at airports, departure records of those BASES.—Information regarding aliens who (i) at no additional cost to the United aliens could be collected when they depart have remained in the United States beyond States Government; through a land border or seaport; and their authorized period of stay that is identi- (ii) with staff consisting of one or two For- (B) the feasibility of the Attorney General, fied through the system referred to in sub- eign Service officers currently assigned to in consultation with the Secretary of State, section (a) shall be integrated into appro- the United States diplomatic mission in the negotiating reciprocal agreements with the priate databases of the Immigration and country in which the center is located; and governments of contiguous countries to col- Naturalization Service and the Department (iii) in a region of the country with high lect such information on behalf of the United of State, including those used at ports-of- gross domestic product (GDP), a high density States and share it in an acceptable auto- entry and at consular offices. population, and a media market that not mated format; Mr. ABRAHAM. Mr. President, I rise (2) consider the various means of devel- only includes but extends beyond the region. to thank Senator HELMS and Senator oping such a system, including the use of BIDEN for accepting as part of S. 886, AMENDMENT NO. 712 pilot projects if appropriate, and assess which means would be most appropriate in the Foreign Relations Authorization (Purpose: Relating to the development of an which geographical regions; Act, my amendment to remove the re- automated entry-exit control system for (3) evaluate how such a system could be quirement that an automated entry- the United States) implemented without increasing border traf- exit program be established at land and At the end of title VII of the bill, insert fic congestion and border crossing delays the following: sea ports and replace that with a re- and, if any such system would increase bor- quired feasibility study to be com- Subtitle C—United States Entry-Exit Controls der crossing delays, evaluate to what extent pleted within 1 year. This amendment such congestion or delays would increase; SEC. 732. AMENDMENT OF THE ILLEGAL IMMI- would correct a significant error made GRATION REFORM AND IMMIGRANT and RESPONSIBILITY ACT OF 1996. (4) estimate the length of time that would in the 1996 Immigration Act that if left (a) IN GENERAL.—Section 110(a) of the Ille- be required for any such system to be devel- uncorrected will cause a significant gal Immigration Reform and Immigrant Re- oped and implemented. loss of U.S. jobs in export and tourist

VerDate jul 14 2003 14:17 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00037 Fmt 0686 Sfmt 0634 E:\BR99\S22JN9.001 S22JN9 June 22, 1999 CONGRESSIONAL RECORD—SENATE 13745 industries, and would also significantly The Congress itself never considered ment includes the provision Senator harm our relations with Canada and such a system. That the legislative GORDON SMITH, Senator LEAHY, and I Mexico. proposal was changed fundamentally in sponsored to require the State Depart- This amendment is the same as legis- conference is clear. As Judiciary Com- ment to report on progress on the July lation that passed the Senate in two mittee Chair ORRIN HATCH has stated, 2000 referendum in the Western Sahara, forms last year, with the sole exception ‘‘I think that we have all come to real- and I commend Senators HELMS and of provisions related to the U.S. Cus- ize that section 110 of the 1996 Act BIDEN for including this provision in toms Service, which were removed at [was] inserted in conference with little the managers’ amendment. the request of the Finance Committee or no record, [and] no consideration or Since 1988, the United Nations has because it has scheduled a series of debate. It was well intended, there is sought to organize a free, fair, and oversight hearings on the Customs no question, but I think poorly con- open referendum on self-determination Service, which is also up for reauthor- structed.’’ for the people of the Western Sahara, ization this year, and the removal of I would like to thank Senators KEN- the former Spanish colony that Mo- authorizations for the INS. Last year, NEDY, GRAMS, LEAHY, BURNS, MCCAIN, rocco has illegally occupied since 1975. the legislation passed the Senate first GORTON, CRAIG, MURKOWSKI, MURRAY, The International Court of Justice, by unanimous consent as a stand alone JEFFORDS, SNOWE, SMITH of Oregon, the Organization of African Unity, the bill (S. 1360) and second, as part of the DORGAN, LEVIN, MOYNIHAN, SCHUMER, United States, and many other nations Commerce, Justice, State appropria- MACK, DURBIN, and HAGEL for cospon- throughout the world have not recog- tions bill. soring this amendment and for their nized Morocco’s claim to the area. Section 110 of the 1996 Immigration support along the way on this battle to However, Morocco’s occupation con- Act mandated that an automated sys- prevent the major disruptions that tinues. Tens of thousands of the tem be established to record the entry Section 110 would cause to our econ- Sahrawi people languish in refugee and exit of all aliens as a means to pro- omy and our international relations. I camps in southern Algeria and have vide more information on individuals would particularly like to express my been denied the opportunity to deter- who ‘‘over stay’’ their visas. However, appreciation for the leadership on this mine their own future. this well-intentioned government pro- amendment displayed by Senator A U.N. referendum was originally gram, if implemented, would be quite GRAMS and his staff, who are trying to scheduled for 1992. It has since been de- disastrous. Today, when INS or Cus- save jobs for the people of Minnesota layed many times, primarily due to the toms officials inspect people at land that would be lost if this automated resistance of the Government of Mo- borders, they examine papers as nec- entry-exit system came into effect at rocco. essary and make quick determinations, the northern border. Mr. President, I In the 1997 Houston Accords, using their discretion on when to in- yield the floor. achieved under the leadership of spect further or solicit more informa- AMENDMENT NO. 713 former Secretary of State James tion. If every single passenger of every (Purpose: To require reports with respect to Baker, and in a U.N. plan last Decem- single vehicle was required to provide the holding of a referendum on Western Sa- ber, the international community potentially voluminous information hara) called for the conclusion of the voter and be entered into a computer—even On page 115, after line 18, add the following registration process and a referendum. assuming an incredibly quick 30 sec- new section: Morocco subsequently agreed to allow onds per individual—the traffic delays SEC. . REPORTS WITH RESPECT TO A REF- the referendum to occur by July 2000. ERENDUM ON WESTERN SAHARA. would exceed 20 hours in numerous ju- (a) REPORTS REQUIRED.— I know the Administration shares risdictions at both the northern and (1) IN GENERAL.—Not later than each of the our interest in resolving this long- southern borders. This would create a dates specified in paragraph (2), the Sec- standing dispute. The State Depart- human, economic, and even environ- retary of State shall submit a report to the ment should make it clear to both par- mental nightmare in both directions. appropriate congressional committees de- ties to this dispute that our govern- Last year, Congress delayed implemen- scribing specific steps being taken by the ment expects the people of the Western tation of this program until March 30, Government of Morocco and by the Popular Sahara to be allowed to exercise their Front for the Liberation of Saguia el-Hamra 2001. But after that date, the crisis will and Rio de Oro (POLISARIO) to ensure that right to self-determination in a free, begin. a free, fair, and transparent referendum in fair, and open referendum by July 2000. In 1996, the House version of the om- which the people of the Western Sahara will Morocco has been a faithful ally of nibus immigration bill contained a choose between independence and integra- the United States for more than 200 measure simply to establish pilot tion with Morocco will be held by July 2000. years, but its refusal to allow the peo- projects to collect entry and departure (2) DEADLINES FOR SUBMISSION OF RE- ple of the Western Sahara to determine records at fewer than a handful of air- PORTS.—The dates referred to in paragraph their own political future undercuts (1) are January 1, 2000, and June 1, 2000. ports. The Senate bill contained a gen- (b) REPORT ELEMENTS.—The report shall America’s efforts to promote demo- eral provision to require an automated include— cratic principles worldwide. entry-exit system—but also only at (1) a description of preparations for the ref- The United States can play a con- airports. Then, in conference, without erendum; including the extent to which free structive role in promoting a resolu- any debate, a mandatory entry-exit access to the territory for independent inter- tion of this dispute. To promote that system to capture the records of national organizations, including election objective, the provision included in the ‘‘every alien’’ was added. servers and international media, will be managers’ amendment would require guaranteed. Representative SMITH and Senator (2) a description of current efforts by the the State Department to report on Simpson, to their credit, conceded in a Department of State to ensure that a ref- January 1, 2000 and again on June 1, letter to the Canadian Ambassador erendum will be held by July 2000; 2000 on specific steps being taken by that it was not the intent of the 1996 (3) an assessment of the likelihood that the the Government of Morocco and by the Act to cover, for example, Canadians at July 2000 date will be met; Popular Front for the Liberation of the northern border. However, because (4) a description of obstacles, if any, to the Saguia el-Hamra and Rio de Oro voter-registration process and other prepara- of the term ‘‘every alien,’’ the INS has tions for the referendum, and efforts being (POLISARIO) to ensure that a free, interpreted the law to require this pro- made by the parties and the United States fair, and open referendum in which the gram to be implemented at all land Government to overcome those obstacles; people of the Western Sahara will borders, in addition to air and sea ports and choose between independence and inte- of entry. To the credit of the INS, it (5) an assessment of progress being made in gration with Morocco will be held by concedes that it cannot implement the repatriation process. July 2000. such a system and the agency ques- WESTERN SAHARA The reports will include a description tions what it will do if it is forced to do Mr. KENNEDY. Mr. President, I’m of preparations for the referendum, in- so. delighted that the managers’ amend- cluding the extent to which free access

VerDate jul 14 2003 14:17 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00038 Fmt 0686 Sfmt 0634 E:\BR99\S22JN9.001 S22JN9 13746 CONGRESSIONAL RECORD—SENATE June 22, 1999 to the territory for independent and cementing the Baltic nations as part of the conditions necessary for a free and fair international organizations, including Europe. vote could not be established prior to August election observers and international It is mutually beneficial for the all 8; media, will be guaranteed. Human the Northeastern European countries (3) On January 27, 1999, President Habibie to address regional problems, such as expressed a willingness to consider independ- rights organizations and other inter- ence for East Timor if a majority of the East national organizations must be allowed environmental problems caused by the Timorese reject autonomy in the August bal- to observe the referendum. former Soviet Union, or burgeoning lot; The reports will also include a de- crime and drug smuggling from the (4) Under the May 5th agreement the Gov- scription of current efforts by the De- Russian mafia. ernment of Indonesia is responsible for en- partment of State to ensure that a ref- The Northern European Initiative an- suring that the August ballot is carried out erendum will be held by July 2000 and nounced in 1997 is just one example of in a fair and peaceful way in an atmosphere an assessment of the likelihood that this policy. It fosters regional coopera- free of intimidation, violence or inter- the July 2000 date will be met. tion and cross-border ties, relying on ference; (5) The inclusion of anti-independence mi- They will also include a description the private sector and nongovern- litia members in Indonesian forces respon- of obstacles, if any, to the voter reg- mental organizations, as well as gov- sible for establishing security in East Timor istration process and other prepara- ernments, in the areas of trade and in- violates the May 5th agreement which states tions for the referendum, and efforts vestment, institution building, law en- that the absolute neutrality of the military being made by the parties and the forcement, nuclear waste control, and and police is essential for holding a free and United States Government to overcome the development of civil society, fair ballot; those obstacles. Finally, the reports among others. Another positive step (6) The arming of anti-independence mili- will include an assessment of progress was the signing of the Baltic Charter in tias by members of the Indonesian military for the purpose of sabotaging the August bal- being made in the repatriation process. 1998 that strengthens Baltic bilateral lot has resulted in hundreds of civilians A solution to the conflict over the ties and ties with the United States killed, injured or disappeared in separate at- Western Sahara will enhance security and addresses Baltic security concerns. tacks by these militias who continue to act and stability in Northern Africa. After Regional organizations have been set without restraint; more than ten years of delay, the peo- up, including BALTSEA, to coordinate (7) The United Nations Secretary General ple of the Western Sahara should be military assistance, as well as several has received credible reports of political vio- permitted to determine for themselves joint Baltic efforts at defense coopera- lence, including intimidation and killings, who will govern them. I look forward tion. by armed anti-independence militias against to that day, and I commend my col- The State Department has set out on unarmed pro-independence civilians; (8) There have been killings of opponents of leagues for including this provision in an ambitious agenda that I think is independence, including civilians and militia the bill. going in a very positive direction. How- members; AMENDMENT NO. 714 ever, I am afraid other crises and prob- (9) The killings in East Timor should be (Purpose: To require the designation of a lems, for instance the many issues that fully investigated and the individuals re- senior-level State Department official for will come up in Southeastern Europe sponsible brought to justice; Northeastern Europe) following the crisis in Kosovo, will di- (10) Access to East Timor by international On page 35, between lines 7 and 8, insert vert the Department’s attention from human rights monitors and humanitarian or- the following new section: this policy and cause it to lose steam. ganizations is limited, and members of the press have been threatened; SEC. 302. STATE DEPARTMENT OFFICIAL FOR Therefore, I am offering this amend- NORTHEASTERN EUROPE. (11) The presence of members of the United The Secretary of State shall designate an ment to direct the Secretary to des- Nations Assistance Mission in East Timor existing senior-level official of the Depart- ignate an existing senior-level State has already resulted in an improved security ment of State with responsibility for pro- Department official with responsibility environment in the East Timorese capital of moting regional cooperation in and coordi- for coordinating policy toward North- Dili; nating United States policy toward North- eastern Europe. The way this assign- (12) A robust international observer mis- eastern Europe. ment of responsibility would fit in the sion and police force throughout East Timor is critical to creating a stable and secure en- POLICY COORDINATOR FOR NORTHEASTERN State Department’s structure is up to vironment necessary for a free and fair bal- EUROPE the Secretary. lot; Mr. DURBIN. Mr. President, the I also want to make clear that I (13) The Administration should be com- State Department has been working to mean no criticism of the Assistant Sec- mended for its support for the United Na- promote regional cooperation in North- retary for European Affairs by pro- tions Assistance Mission in East Timor eastern Europe. The idea behind this posing this amendment. On the con- which will provide monitoring and support policy is more fully to integrate the trary, I think he has done an extraor- for the ballot and include international civil- Baltic countries into Europe and over- dinarily good job in pursuing the inte- ian police, military liaison officers and elec- come cold war divisions to promote gration of Northeastern Europe. But tion monitors; with all of Europe on his mind, I think (b) POLICY.—(1) The President, Secretary of stability in the region. I support this State, Secretary of Defense, and the Sec- approach, and I want to see it institu- it would only further the aims of the retary of the Treasury (acting through the tionalized at the State Department by bureau to be sure that a senior-level of- United States executive directors to inter- designating a senior-level official with ficial is designated to coordinate and national financial institutions) should im- responsibility for coordinating policy promote this policy. mediately intensify their efforts to prevail toward Northeastern Europe. I appreciate the support of Senator upon the Indonesian Government and mili- This policy of integration also re- HELMS and Senator BIDEN, and under- tary to— duces tensions, since regional coopera- stand that this amendment has been (A) disarm and disband anti-independence tion that includes Russia’s north- added to the manager’s package. militias; (B) grant full access to East Timor by western regions gives Russia a stake in AMENDMENT NO. 715 international human rights monitors, hu- regional stability. The policy will also At the appropriate place in the bill, insert manitarian organizations, and the press; show Russia that it need not feel the following: (C) allow Timorese who have been living in threatened by the integration of the SELF-DETERMINATION IN EAST TIMOR exile to return to East Timor to participate Baltic States into European institu- SEC. . (a) FINDINGS.—The Congress finds in the ballot; and tions. The Baltic countries have in- as follows: (2) the President should submit a report to creased their ties with the north- (1) On May 5, 1999 the Governments of Indo- the Congress not later than 21 days after pas- western Russian regions, much the way nesia and Portugal signed an agreement that sage of this Act, containing a description of provides for an August 8, 1999 ballot orga- the Administration’s efforts and his assess- Canada has ties with the border states nized by the United Nations on East Timor’s ment of steps taken by the Indonesian Gov- of the United States. The Baltic States political status; ernment and military to ensure a stable and benefit as well from regional coopera- (2) On June 22, 1999 the ballot was resched- secure environment in East Timor, including tion with the Nordic countries, further uled for August 21 or 22 due to concerns that those steps described in paragraph (1).

VerDate jul 14 2003 14:17 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00039 Fmt 0686 Sfmt 0634 E:\BR99\S22JN9.001 S22JN9 June 22, 1999 CONGRESSIONAL RECORD—SENATE 13747 SELF-DETERMINATION IN EAST TIMOR We should be prepared to use all the be in jeopardy. Jakarta must be convinced of Mr. LEAHY. Mr. President, today I resources at our disposal, including our what is at stake. If it fails to act decisively am offering an amendment in support voice and vote at the World Bank, the to permit a free and fair vote, it will risk be- of a peaceful process of self-determina- Asian Development Bank and other coming a pariah state. The government and tion in East Timor. I am pleased that army must abide by the May 5th UN-spon- international financial institutions, to sored tripartite accord, most specifically by Senators FEINGOLD, REED, MCCONNELL, convince the Indonesians to stop the stopping and disarming the anti-independ- HARKIN, MOYNIHAN, CHAFEE, KOHL, JEF- violence. This is not only their respon- ence militias that are using the weapons sup- FORDS, KENNEDY, KERRY, FEINSTEIN, sibility, it is in their best interests. If plied to them by the Indonesian military to MURRAY, SCHUMER, BOXER, DURBIN, the Indonesian military succeeds in intimidate and attack East Timorese civil- WELLSTONE, and WYDEN are cospon- sabotaging the vote, Indonesia will face ians. soring this amendment. Many of them international condemnation. We appeal to you to personally press the Indonesian Government to create a secure have worked hard on this issue for as On June 11th, I and other Members of long as they have been in the United environment for the August vote and to pre- Congress sent a letter to World Bank vent any efforts to restrict aid to East States Senate. President James Wolfensohn about the Timorese who have been displaced by the mi- I understand the amendment will be need for the World Bank to use its le- litia violence. accepted. verage with the Indonesian Govern- Thank you for your consideration. Mr. President, today, the Indonesian ment. I ask unanimous consent that Sincerely, Government has an historic oppor- the test of that letter be printed in the Patrick Leahy, U.S. Senator. tunity to resolve a conflict that has Russell D. Feingold, U.S. Senator. RECORD at the end of my remarks. been the cause of suffering and insta- Daniel Patrick Moynihan, U.S. Senator. The PRESIDING OFFICER. Without bility for 23 years. It has made a com- Tom Harkin, U.S. Senator. objection, it is so ordered. (See exhibit mitment to vote on August 21 or 22, on Richard J. Durbin, U.S. Senator. 1.) Luis V. Gutierrez, Member of Congress. East Timor’s future, and recognized its Mr. LEAHY. Mr. President, the inter- Patrick J. Kennedy, Member of Congress. responsibility to ensure that the vote national community has recognized the Frank R. Wolf, Member of Congress. is free and fair. Edward M. Kennedy, U.S. Senator. On May 5th, when I introduced a urgency of this situation. An inter- Rod R. Blagojevich, Member of Congress. similar resolution, I remarked on Indo- national monitoring and police pres- Nita M. Lowey, Member of Congress. nesia’s accomplishments in the past ence throughout East Timor is critical Peter A. DeFazio, Member of Congress. to creating a secure environment. Jack Reed, U.S. Senator. year: President Suharto relinquished Albert Wynn, Member of Congress. power; the Indonesian Government en- The Administration is shouldering its share of the costs of the UN mon- Cynthia McKinney, Member of Congress. dorsed a ballot on autonomy; and the John Conyers, Member of Congress. United Nations, Portugal and Indo- itors and police, and its members who Lane Evans, Member of Congress. nesia signed an agreement on the pro- arrived in East Timor several weeks Dennis Kucinich, Member of Congress. cedures for that vote. ago already report some progress in James McGovern, Member of Congress. There has been more progress in the stemming the violence. Barney Frank, Member of Congress. past month. Democratic elections have But far more needs to be done. It is Henry Waxman, Member of Congress. Mr. TORRICELLI. Mr. President, I been held and the first members of an time for the Indonesian Government rise today to express my support for a international observer mission and po- and military to do their part—to act peaceful process of self-determination lice force arrived in East Timor. decisively to ensure that a free and fair The amendment that we are offering vote can occur. in East Timor. These are both exciting today recognizes many of the positive This amendment reinforces what oth- and troubling times in Indonesia as a steps that have been taken. A year ago ers have said and what the Indonesian whole, and the future of East Timor few people would have predicted that a Government has already committed to may be resolved in the coming months. settlement of East Timor’s future do. I thank the managers of the bill for President Habibie himself indicated would be in sight. accepting the amendment. that he would work toward resolution of East Timor’s status by the end of But it also expresses our deep con- EXHIBIT 1 cern that August 21st is quickly ap- the year. WASHINGTON, DC, The recent Parliamentary elections proaching, and current conditions in June 11, 1999. East Timor are far from conducive to Hon. JAMES WOLFENSOHN, in Indonesia proceeded peacefully, and holding a free and fair ballot. President, The World Bank, virtually without incident. It appears Hundreds of civilians have been Washington, DC. as if a democratic transition will be killed, injured or disappeared in ongo- DEAR JIM: For many years, we have con- forthcoming, and I am hopeful that the ing violence by anti-independence mili- sistently raised concerns about the failure of people of Indonesia remain committed the Indonesian Government to respect the to free and fair elections. While we tias armed by members of the Indo- human rights of the people of East Timor nesian military for the purpose of sabo- have supported these elections, and en- and to allow them an opportunity to express couraged a fair process, we simulta- taging the vote. their right of self-determination. We are The inclusion of anti-independence writing to convey our deep concern about neously receive reports of increased so- members in Indonesian forces respon- the escalating violence in East Timor, which cial unrest. Clashes between Muslims sible for establishing security in East has put in doubt the August 8th ballot on and Christians in Ambon are only one Timor threatens the neutrality of the East Timor’s political future. indication of the tensions which under- military and police, and violates the We have called on the Indonesian Govern- lie relations between different ethnic terms of the May 5th agreement. ment to stop military and paramilitary vio- groups. International human rights monitors lence which threatens to undermine the The situation in East Timor has his- vote, yet the threats and killings continue torically divided sympathies over an and humanitarian organizations con- unabated. United Nations officials, East tinue to face problems gaining access Timorese leaders, and members of the Catho- acceptable solution, and violent at- to the island, and members of the press lic Church, including Bishop Belo, blame the tacks in the region have become more have been threatened. Indonesian military for intentionally seek- prevalent since the beginning of the This amendment calls on the Sec- ing to sabotage the vote. We have called on year. Evidence has indicated that anti- retary of State, the Secretary of De- our own Administration to work urgently to independence militias have been sup- fense and the Secretary of the Treas- pressure Jakarta to take the steps necessary ported and armed by some members of ury—acting through U.S. executive di- for a free and fair vote. the Indonesian military. The end result rectors to international financial insti- We believe it is now imperative that the of such support can only be an increase international financial institutions (IFIs), tutions—to immediately intensify most importantly the World Bank, make in the political tensions and violence their efforts to prevail upon the Indo- clear to the Indonesian Government that if in East Timor. The militias have com- nesian Government to disarm and dis- the August ballot is not free and fair, contin- mitted scores of human rights abuses band the anti-independence militias. ued large scale investment by the IFIs will against the ethnic East Timorese in an

VerDate jul 14 2003 14:17 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00040 Fmt 0686 Sfmt 0634 E:\BR99\S22JN9.001 S22JN9 13748 CONGRESSIONAL RECORD—SENATE June 22, 1999 effort to suppress any movement to- human rights abuses in recent months. under which the individual agrees that after wards full independence in East Timor. Although it has already buried 200,000 completing all degree requirements, or ter- It is as yet unclear how East Timor’s people who have died violently since minating his or her studies, whichever oc- status will ultimately be resolved. So- the 1975 Indonesian invasion, East curs first, the individual will return to the country of the individual’s nationality, or lutions from greater autonomy within Timor continues to be riven by con- country of last habitual residence, within Indonesia to full independence are only flict. Organized campaigns of terror the independent states of the former Soviet two of the proposals that have been and intimidation have been aimed at Union (as defined in section 3 of the FREE- brought forward. The international East Timorese leaders and journalists DOM Support Act (22 U.S.C. 5801)), to reside community has sought to encourage an who favor autonomy. Some inter- and remain physically present there for an open decision process by the people of national observers have reported that aggregate of at least one year for each year East Timor as to what their future sta- East Timorese have been systemati- of study supported under paragraph (1). tus should hold, but the increased cally herded into camps in efforts to (ii) DENIAL OF ENTRY INTO THE UNITED provide large blocs of pro-Indonesian STATES FOR NONCOMPLIANCE.—Any individual strength of the anti-independence mili- who has entered into an agreement under tias threatens to undermine the proc- votes in the August consultation. Mili- clause (i) and who has not completed the pe- ess. In order for a free ballot to be held tia activity, violence, and destruction riod of home country residence and presence in the coming months, the United continue unabated. required by that agreement shall be ineli- States must make an effort to ensure If the violence in East Timor is to gible for a visa and inadmissible to the that the process is fair. cease, the militias must be stripped of United States. I co-sponsored a resolution offered by their weapons and disbanded. Inter- On page 12, line 20, strike ‘‘(c)’’ and insert ‘‘(d)’’. Senator LEAHY to encourage an open national observers will play a critical ballot on the question of East Timor, role, both in the course of the consulta- AMENDMENT NO. 717 but this resolution also urges full action and in the implementation of the At the appropriate place in the bill, insert cess by international human rights results that follow. Only subjecting the following new section: monitors and the disbanding of the mi- this process to the harsh light of inter- SEC. . MIKEY KALE PASSPORT NOTIFICATION litias. Such steps are critical to the national scrutiny can we hope to pre- ACT OF 1999. fair determination of East Timor’s fu- vent East Timor’s violent past from (a) Not later than 180 days after the enact- ture, and I hope that this Congress will serving as prologue to an equally vio- ment of this Act, the Secretary of State shall issue regulations that— continue to show its support for the lent future. Without our active partici- (1) provide that, in the issuance of a pass- ballot process. pation and support, the hope of a last- port to minors under the age of 18 years, Mr. REED. Mr. President, I rise ing peace in East Timor is in danger of both parents, a guardian, or a person in loco today to express my support for Sen- being lost. parentis have— ator LEAHY’s amendment promoting Mr. President, this historic oppor- (A) executed the application; and peaceful self determination for the peo- tunity for peace must not be allowed to (B) provided documentary evidence dem- slip away. The United States has a onstrating that they are the parents, guard- ples of East Timor and bringing the at- ian, or person in loco parentis; and tention of the United States to the proud tradition of championing those (2) provide that, in the issuance of a pass- long and difficult climb of the East who seek freedom and democracy port to minors under the age of 18 years, in Timorese towards democracy. I am across the world. It is my hope that those cases where both parents have not exe- pleased to join Senator FEINGOLD as a this amendment will encourage the cuted the passport application, the person cosponsor of this amendment which un- United States to intensify efforts to executing the application has provided docu- ensure that the people of East Timor mentary evidence that such person— derscores the importance of the his- (A) has sole custody of the child; or toric opportunity which the East find peace at last. (B) the other parent has provided consent Timorese face, and our duty to support AMENDMENT NO. 716 to the issuance of the passport. The require- them in their struggle for peace and (Purpose: To allocate funds for scholarships ment of this paragraph shall not apply to self determination. The upcoming Au- for doctoral graduate study in the social guardians or persons in loco parentis. gust vote, or consultation, on East sciences to nationals of the independent (b) The regulations required to be issued by Timorese autonomy is crucial, not only states of the former Soviet Union) this section may provide for exceptions in exigent circumstances involving the health for the East Timorese people, but for On page 12, line 6, strike ‘‘$7,000,000’’ and insert ‘‘$5,000,000’’. or welfare of the child. America and for every nation that sup- On page 12, between lines 19 and 20, insert ports democracy and stands against the following: AMENDMENT NO. 718 the rule of terror and violence which (c) MUSKIE FELLOWSHIP DOCTORAL GRAD- (Purpose: To establish within the Depart- has shaped twenty years of East UATE STUDIES FOR NATIONALS OF THE INDE- ment of State the position of Science and Timorese history. PENDENT STATES OF THE FORMER SOVIET Technology Adviser, and for other pur- The past year has witnessed extraor- UNION.— poses) dinary progress. The efforts of Por- (1) ALLOCATION OF FUNDS.—Of the amounts On page 35, between lines 7 and 8, insert authorized to be appropriated under sub- the following new section: tugal, the United Nations, the global section (a)(1)(B), not less than $2,000,000 for community and the East Timorese SEC. 302. SCIENCE AND TECHNOLOGY ADVISER fiscal year 2000, and not less than $2,000,000 TO SECRETARY OF STATE. leaders have been impressive. Com- for fiscal year 2001, shall be made available (a) ESTABLISHMENT OF POSITION.—Section 1 bined with the willingness of the Indo- to provide scholarships for doctoral graduate of the State Department Basic Authorities nesian government, these efforts have study in the social sciences to nationals of Act of 1956 (22 U.S.C. 2651a) is amended by at last resulted in a plan for the peace- the independent states of the former Soviet adding at the end the following new sub- ful and democratic determination of Union under the Edmund S. Muskie Fellow- section: East Timor’s political destiny. I would ship Program authorized by section 227 of ‘‘(g) SCIENCE AND TECHNOLOGY ADVISER.— the Foreign Relations Authorization Act, ‘‘(1) IN GENERAL.—There shall be within the like to recognize all those whose cour- Fiscal Years 1992 and 1993 (22 U.S.C. 2452 Department of State a Science and Tech- age and commitment have led us to- note). nology Adviser (in this paragraph referred to wards the August consultation, a con- (2) REQUIREMENTS.— as the ‘Adviser’). The Adviser shall report to sultation which will allow the East (A) NON-FEDERAL SUPPORT.—Not less than the Secretary of State through the Under Timorese, at long last, to decide for 20 percent of the costs of each student’s doc- Secretary of State for Global Affairs. themselves how they are to be gov- toral study supported under paragraph (1) ‘‘(2) DUTIES.—The Adviser shall— erned. shall be provided from non-Federal sources. ‘‘(A) advise the Secretary of State, through Nevertheless, much remains to be (B) HOME COUNTRY RESIDENCE REQUIRE- the Under Secretary of State for Global Af- done. As great an achievement as the MENT.— fairs, on international science and tech- (i) AGREEMENT FOR SERVICE IN HOME COUN- nology matters affecting the foreign policy promised consultation may be, the fu- TRY.—Before an individual may receive of the United States; and ture is far from certain. East Timor, scholarship assistance under paragraph (1), ‘‘(B) perform such duties, exercise such already troubled by years of bloodshed, the individual shall enter into a written powers, and have such rank and status as the has seen even greater escalations in agreement with the Department of State Secretary of State shall prescribe.’’.

VerDate jul 14 2003 14:17 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00041 Fmt 0686 Sfmt 0634 E:\BR99\S22JN9.001 S22JN9 June 22, 1999 CONGRESSIONAL RECORD—SENATE 13749

(b) REPORT.—Not later than six months a negotiated settlement of hostilities and process, including the cost for such improve- after receipt by the Secretary of State of the the establishment of a lasting peace in ments. report by the National Research Council of Sudan. (3) An analysis of the work load and salary the National Academy of Sciences with re- (b) SENSE OF CONGRESS.—(1) Congress— structure for export licensing officers of the spect to the contributions that science, tech- (A) acknowledges the renewed vigor in fa- Office of Defense Trade Control of the De- nology, and health matters can make to the cilitating and assisting the Inter-Govern- partment of State as compared to com- foreign policy of the United States, the Sec- mental Authority for Development (IGAD) parable jobs at the Department of Commerce retary of State, acting through the Under peace process in Sudan; and and the Department of Defense. Secretary of State for Global Affairs, shall (B) urges continued and sustained engage- (4) Any suggestions of the Department of submit a report to Congress setting forth the ment by the Department of State in the State relating to resources and regulations, Secretary of State’s plans for implementa- IGAD peace process and the IGAD Partners’ and any relevant statutory changes that tion, as appropriate, of the recommendations Forum. might expedite the licensing process while of the report. (2) It is the sense of Congress that the furthering the objectives of the Arms Export President should— Control Act. AMENDMENT NO. 719 (A) appoint a special envoy— (Purpose: To prohibit the return of veterans (i) to serve as a point of contact for the AMENDMENT NO. 722 memorial objects to foreign nations with Inter-Governmental Authority for Develop- At the appropriate place, insert: specific authorization in law) ment peace process; (ii) to coordinate with the Inter-Govern- RUSSIAN BUSINESS MANAGEMENT EDUCATION At the appropriate place in the bill, insert mental Authority for Development Partners SEC. 1. PURPOSE. the following new section and renumber the Forum as the Forum works to support the The purpose of this section is to establish remaining sections accordingly: peace process in Sudan; and a training program in Russia for nationals of ‘‘SEC. . PROHIBITION ON THE RETURN OF VET- (iii) to coordinate United States humani- Russia to obtain skills in business adminis- ERANS MEMORIAL OBJECTS TO FOR- tration, accounting, and marketing, with EIGN NATIONS WITHOUT SPECIFIC tarian assistance to southern Sudan. AUTHORIZATION IN LAW. (B) provide increased financial and tech- special emphasis on instruction in business (a) PROHIBITION.—Notwithstanding section nical support for the IGAD Peace Process ethics and in the basic terminology, tech- 2572 of title 10, United States Code, or any and especially the IGAD Secretariat in niques, and practices of those disciplines, to other provision of law, the President may Nairobi, Kenya; and achieve international standards of quality, not transfer a veterans memorial object to a (C) instruct the United States Permanent transparency, and competitiveness. foreign country or entity controlled by a for- Representative to the United Nations to call SEC. 2. DEFINITIONS. eign government, or otherwise transfer or on the United Nations Secretary General to (1) BOARD.—The term ‘‘Board’’ means the convey such object to any person or entity consider the appointment of a special envoy United States-Russia Business Management for purposes of the ultimate transfer of con- for Sudan. Training Board established under section veyance of such object to a foreign country 5(a). or entity controlled by a foreign govern- AMENDMENT NO. 721 (2) DISTANCE LEARNING.—The term ‘‘dis- ment, unless specifically authorized by law. (Purpose: To require a study on licensing tance learning’’ means training through (b) DEFINITIONS.—In this section: process under the Arms Export Control Act) computers, interactive videos, teleconfer- (1) ENTITY CONTROLLED BY A FOREIGN GOV- On page 96, after line 21, add the following encing, and videoconferencing between and ERNMENT.—The term ‘‘entity controlled by a new section: among students and teachers. foreign government’’ has the meaning given SEC. 645. STUDY ON LICENSING PROCESS UNDER (3) ELIGIBLE ENTERPRISE.—The term ‘‘eligi- that term in section 2536(c)(1) of title 10, THE ARMS EXPORT CONTROL ACT. ble enterprise’’ means— United States Code. Not later than 120 days after the date of (A) a business concern operating in Russia (2) VETERANS MEMORIAL OBJECT.—The term enactment of this Act, the Secretary of that employs Russian nationals; and ‘‘veterans memorial object’’ means any ob- State shall submit to the chairman of the (B) a private enterprise that is being ject, including a physical structure or por- Committee on Foreign Relations of the Sen- formed or operated by former officers of the tion therefo, that— ate and the chairman of the Committee on Russian armed forces in Russia. (A) is located at a cemetery of the Na- International Relations of the House of Rep- (4) SECRETARY.—The term ‘‘Secretary’’ tional Cemetery System, war memorial, or resentatives a study on the performance of means the Secretary of State. military installation in the United States; the licensing process pursuant to the Arms SEC. 3. AUTHORIZATION FOR TRAINING PRO- (B) is dedicated to, or otherwise memorial- Export Control Act, with recommendations GRAM AND INTERNSHIPS. izes, the death in combat or combat-related on how to improve that performance. The (a) TRAINING PROGRAM.— duties of members of the United States study shall include: (1) IN GENERAL.—The Secretary of State, Armed Forces; and (1) An analysis of the typology of licenses acting through the Under Secretary of State (C) was brought to the United States from on which action was completed in 1999. The for Public Diplomacy, and taking into ac- abroad as a memorial of combat abroad.’’ analysis should provide information on count the general policies recommended by major categories of license requests, includ- the United States-Russia Business Manage- AMENDMENT NO. 720 ing— ment Training Board established under sec- (Purpose: To express the sense of Congress (A) the number for nonautomatic small tion 5(a), is authorized to establish a pro- with respect to the Inter-Governmental arms, automatic small arms, technical data, gram of technical assistance (in this Act re- Authority for Development (IGAD) peace parts and components, and other weapons; ferred to as the ‘‘program’’) to provide the process in Sudan) (B) the percentage of each category staffed training described in section 1 to eligible en- On page 115, after line 18, insert the fol- to other agencies; terprises. lowing new section: (C) the average and median time taken for (2) IMPLEMENTATION.—Training shall be SEC. ll. SUPPORT FOR THE PEACE PROCESS IN the processing cycle for each category when carried out by United States nationals hav- SUDAN. staffed and not staffed; ing expertise in business administration, ac- (a) FINDINGS.—Congress finds that— (D) the average time taken by White House counting, and marketing or by Russian na- (1) the civil war in Sudan has continued or National Security Council review or scru- tionals who have been trained under the pro- unabated for 16 years and raged intermit- tiny; and gram or by those who meet criteria estab- tently for 40 years; (E) the average time each spent at the De- lished by the Board. Such training may be (2) an estimated 1,900,000 Sudanese people partment of State after a decision had been carried out— have died as a result of war-related causes taken on the license but before a contractor (A) in the offices of eligible enterprises, at and famine; was notified of the decision. For each cat- business schools or institutes, or at other lo- (3) an estimated 4,000,000 people are cur- egory the study should provide a breakdown cations in Russia, including facilities of the rently in need of emergency food assistance of licenses by country. The analysis also armed forces of Russia, educational institu- in different areas of Sudan; should identify each country that has been tions, or in the offices of trade or industry (4) approximately 4,000,000 people are inter- identified in the past three years pursuant to associations, with special consideration nally displaced in Sudan; section 3(e) of the Arms Export Control Act given to locations where similar training op- (5) the continuation of war has led to (22 U.S.C. 2753(e)). portunities are limited or nonexistent; or human rights abuses by all parties to the (2) A review of the current computer capa- (B) by ‘‘distance learning’’ programs origi- conflict, including the killing of civilians, bilities of the Department of State relevant nating in the United States or in European slavery, rape, and torture on the part of gov- to the processing of licenses and its ability branches of United States institutions. ernment forces and paramilitary forces; and to communicate electronically with other (b) INTERNSHIPS WITH UNITED STATES DO- (6) it is in the interest of all the people of agencies and contractors, and what improve- MESTIC BUSINESS CONCERNS.—The Secretary, Sudan for the parties to the conflict to seek ments could be made that would speed the acting through the Under Secretary of State

VerDate jul 14 2003 14:17 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00042 Fmt 0686 Sfmt 0634 E:\BR99\S22JN9.001 S22JN9 13750 CONGRESSIONAL RECORD—SENATE June 22, 1999 for Public Diplomacy, is authorized to pay Secretary of State upon the recommendation Ten percent of the citizens of the Islamic the travel expenses and appropriate in-coun- of the Government of Russia, and who shall Republic of Iran are members of religious try business English language training, if serve as nonvoting members. minority groups; needed, of certain Russian nationals who (c) GENERAL POLICIES.—The Board shall According to the State Department and have completed training under the program make recommendations to the Secretary internationally recognized human rights or- to undertake short-term internships with with respect to general policies for the ad- ganizations, such as Human Rights Watch business concerns in the United States upon ministration of this Act, including— and Amnesty International, religious mi- the recommendation of the Board. (1) guidelines for the administration of the norities in the Islamic Republic of Iran—in- SEC. 4. APPLICATIONS FOR TECHNICAL ASSIST- program under this Act; cluding Sunni Muslims, Baha’is, Christians, ANCE. (2) criteria for determining the qualifica- and Jews—have been the victims of human (a) PROCEDURES.— tions of applicants under the program; rights violations solely because of their sta- (1) IN GENERAL.—Each eligible enterprise (3) the appointment of panels of business tus as religious minorities; that desires to receive training for its em- leaders in the United States and Russia for The 55th session of the United Nations ployees and managers under this Act shall the purpose of nominating trainees; and Commission on Human Rights passed Reso- submit an application to the clearinghouse (4) such other matters with respect to lution 1999/13, which expresses the concern of established by subsection (d), at such time, which the Secretary may request rec- the international community over continued in such manner, and accompanied by such ommendations. discrimination against the religious minori- additional information as the Secretary may (d) CHAIRPERSON.—The Chairperson of the ties’ in the Islamic Republic of Iran, and reasonably require. Board shall be designated by the President calls on that country to moderate its policy (2) JOINT APPLICATIONS.—A consortium of from among the voting members of the on religious minorities until they are com- eligible enterprises may file a joint applica- Board. Except as provided in subsection pletely emancipated; tion under the provisions of paragraph (1). (e)(2), a majority of the voting members of More than half the Jews in Iran have been (b) CONTENTS.—The Secretary shall ap- the Board shall constitute a quorum. forced to flee that country since the Islamic prove an application under subsection (a) (e) MEETINGS.—The Board shall meet at the Revolution of 1979 because of relgious perse- only if the application— call of the Chairperson, except that— cution, and many of them now reside in the (1) is for an individual or individuals em- (1) the Board shall meet not less than 4 United States; ployed in an eligible enterprise or enter- times each year; and The Iranian Jewish community, with a prises applying under the program; (2) the Board shall meet whenever one- 2,500-year history and currently numbering (2) describes the level of training for which third of the voting members request a meet- some 30,000 people, is the oldest Jewish com- assistance under this Act is sought; ing in writing, in which event 7 of the voting munity living in the Diaspora; (3) provides evidence that the eligible en- members shall constitute a quorum. Five Jews have been executed by the Ira- terprise meets the general policies adopted (f) COMPENSATION.—Members of the Board nian government in the past five years with- by the Secretary for the administration of who are not in the regular full-time employ out having been tried; this Act; of the United States shall receive, while en- There has been a noticeable increase re- (4) provides assurances that the eligible engaged in the business of the Board, com- cently in anti-Semitic propaganda in the terprise will pay a share of the costs of the pensation for service at a rate to be fixed by government-controlled Iranian press; training, which share may include in-kind the President, except that such rate shall On the eve of the Jewish holiday of Pass- contributions; and not exceed the rate specified at the time of over 1999, thirteen or more Jews, including (5) provides such additional assurances as such service for level V of the Executive community and religious leaders in the city the Secretary determines to be essential to Schedule under section 5316 of title 5, United of Shiraz, were arrested by the authorities of ensure compliance with the requirements of States Code, including traveltime, and, while the Islamic Republic of Iran; and this Act. so serving away from their homes or regular In keeping with its dismal record on pro- (c) COMPLIANCE WITH BOARD POLICIES.—The places of business, they may be allowed trav- viding accused prisoners with due process Secretary shall approve applications for el expenses, including per diem in lieu of and fair treatment, the Islamic Republic of technical assistance under the program after subsistence, as authorized by section 5703 of Iran failed to charge the detained Jews with taking into account the recommendations of title 5, United States Code, for persons em- any specific crime or allow visitation by rel- the Board. ployed intermittently in Government servatives of the detained for more than months: (d) CLEARINGHOUSE.—There is established a ice. Now, therefore, it the sense of the Congress clearinghouse in Russia to manage and exe- SEC. 6. RESTRICTIONS NOT APPLICABLE. that the United States should— cute the program. The clearinghouse shall Prohibitions on the use of foreign assist- Continue to work through the United Na- screen applications, provide information re- ance funds for assistance for the Russian tions to assure that the Islamic Republic of garding training and teachers, monitor per- Federation shall not apply with respect to Iran implements the recommendations of formance of the program, and coordinate ap- the funds made available to carry out this Resolution 1999/13. (2) Condemn, in the strongest possible propriate post-program follow-on activities. Act. terms, the recent arrest of members of Iran’s SEC. 5. UNITED STATES-RUSSIAN BUSINESS MAN- SEC. 7. AUTHORIZATION OF APPROPRIATIONS. AGEMENT TRAINING BOARD. Jewish minority and urge their immediate (a) IN GENERAL.—There is authorized to be release; (a) ESTABLISHMENT.—There is established appropriated $10,000,000 for each of fiscal within the Department of State a United (3) Urge all nations having relations with years 2000 and 2001 to carry out this Act. the Islamic Republic of Iran to condemn the States-Russian Business Management Train- (b) AVAILABILITY OF FUNDS.—Amounts ap- ing Board. treatment of religious minorities in Iran and propriated under subsection (a) are author- call for the release of all prisoners held on (b) COMPOSITION.—The Board established ized to remain available until expended. pursuant to subsection (a) shall be composed the basis of their religious beliefs; and SEC. 8. EFFECTIVE DATE. of 12 members as follows: (4) Maintain the current United States pol- This Act shall take effect on October 1, (1) The Under Secretary of State for Public icy toward the Islamic Republic of Iran un- 1999. Diplomacy. less and until that country moderates its (2) The Administrator of the Agency for treatment of religious minorities. AMENDMENT NO. 723 International Development. (3) The Secretary of Commerce. At the appropriate place in the bill, insert AMENDMENT NO. 725 (4) The Secretary of Education. the following: (Purpose: To amend the reporting require- (5) Six individuals from the private sector Notwithstanding any other provision of ments of the PLO Commitments Compli- having expertise in business administration, law, the Inspector General of the Agency for ance Act of 1989) accounting, and marketing, who shall be ap- International Development shall serve as the On page 115, after line 18, insert the fol- pointed by the Secretary of State, as follows: Inspector General of the Inter-American lowing new section: Foundation and the African Development (A) Two individuals employed by graduate SEC. 730. REPORTING REQUIREMENTS UNDER schools of management offering accredited Foundation and shall have all the authori- PLO COMMITMENTS COMPLIANCE degrees. ties and responsibilities with respect to the ACT OF 1989. (B) Two individuals employed by eligible Inter-American Foundation and the African (a) FINDINGS.—Congress makes the fol- enterprises. Development Foundation as the Inspector lowing findings: (C) Two individuals from nongovernmental General has with respect to the Agency for (1) The PLO Commitments Compliance Act organizations involved in promoting free International Development. of 1989 (title VIII of Public Law 101–246) re- market economy practices in Russia. quires the President to submit reports to the (6) Two nationals of Russia having experi- AMENDMENT NO. 724 Speaker of the House of Representatives and ence in business administration, accounting, At the appropriate place, insert: the chairman of the Committee on Foreign or marketing, who shall be appointed by the The Senate finds that: Relations of the Senate every 180 days, on

VerDate jul 14 2003 14:17 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00043 Fmt 0686 Sfmt 0634 E:\BR99\S22JN9.001 S22JN9 June 22, 1999 CONGRESSIONAL RECORD—SENATE 13751 Palestinian compliance with the Geneva SEC. 337. STATE DEPARTMENT INSPECTOR GEN- activities. While I understand the Sen- commitments of 1988, the commitments con- ERAL AND PERSONNEL INVESTIGA- ator from Connecticut’s concerns, I tained in the letter of September 9, 1993 to TIONS. (a) AMENDMENT OF THE FOREIGN SERVICE fear that the amendment as written the Prime Minister of Israel, and the letter could have serious repercussions for of September 9, 1993 to the Foreign Minister ACT OF 1980.—Section 209(c) of the Foreign of Norway. Service Act of 1980 (22 U.S.C. 3929(c)) is law enforcement. For example, pro- (2) The reporting requirements of the PLO amended by adding at the end the following: viding allegations and assertions to Commitments Compliance Act of 1989 have ‘‘(5) INVESTIGATIONS.— each individual mentioned in a crimi- remained in force from enactment until the ‘‘(A) CONDUCT OF INVESTIGATIONS.—In con- nal investigation prior to a referral, no present. ducting investigations of potential viola- matter how tangentially involved, (3) Modification and amendment to the tions of Federal criminal law or Federal reg- could compromise a subsequent inves- PLO Commitments Compliance Act of 1989, ulations, the Inspector General shall— ‘‘(i) abide by professional standards appli- tigation by the Department of Justice. and the expiration of the Middle East Peace In addition, it could reveal sources of Facilitation Act (Public Law 104–107) did not cable to Federal law enforcement agencies; alter the reporting requirements. and information and subject those sources (4) According to the official records of the ‘‘(ii) permit each subject of an investiga- to reprisals and chill future coopera- Committee on Foreign Relations of the Sen- tion an opportunity to provide exculpatory tion from potential witnesses. Second, ate, the last report under the PLO Commit- information. the amendment could create rights ments Compliance Act of 1989 was submitted ‘‘(B) REPORTS OF INVESTIGATIONS.—In order that witnesses and targets of other in- and received on December 27, 1997. to ensure that reports of investigations are vestigations do not have. It is unclear (b) REPORTING REQUIREMENTS.—The PLO thorough and accurate, the Inspector Gen- eral shall— what litigation or grievances could re- Commitments Compliance Act of 1989 is sult from a failure to follow the amend- amended — ‘‘(i) make every reasonable effort to ensure (1) in section 804(b), by striking ‘‘In con- that any person named in a report of inves- ment. Third, there are a number of un- junction with each written policy justifica- tigation has been afforded an opportunity to settled issues in the amendment such tion required under section 604(b)(1) of the refute any allegation or assertion made re- as what constitutes ‘‘exculpatory ma- Middle East Peace Facilitation Act of 1995 or garding that person’s actions; terial’’ and whether a subject, witness, every’’ and inserting ‘‘Every’’; ‘‘(ii) include in every report of investiga- or an individual with only marginal (2) in section 804(b)— tion any exculpatory information, as well as relevance to the investigation is enti- (A) by striking ‘‘and’’ at the end of para- any inculpatory information, that has been discovered in the course of the investiga- tled to review the actual report. graph (9); Fourth, I understand the State Depart- (B) by striking the period at the end of tion.’’. paragraph (10); and (b) ANNUAL REPORT.—Section 209(d)(2) of ment Inspector General is concerned (C) by adding at the end the following new the Foreign Service Act of 1980 (22 U.S.C. that the reporting requirement could paragraphs: 3929(d)(2)) is amended— be used to second-guess discretion that ‘‘(11) a statement on the effectiveness of (1) by striking ‘‘and’’ at the end of subpara- she uses in her investigations. Finally, end-use monitoring of international or graph (D); by using the ambiguous term ‘‘asser- United States aid being provided to the Pal- (2) by striking the period at the end of sub- tions,’’ the amendment puts an unnec- estinian Authority, Palestinian Liberation paragraph (E) and inserting ‘‘; and’’; and (3) by inserting after subparagraph (E) the essary burden on the Inspector General Organization, or the Palestinian Legislative after the report is complete to seek out Council, or to any other agent or instrumen- following new subparagraph: tality of the Palestinian Authority, on Pal- ‘‘(F) a description, which may be included, each person named and allow them to estinian efforts to comply with international if necessary, in the classified portion of the comment on even the most innocuous accounting standards and on enforcement of report, of any instance in a case that was assertions relating to them. This will anti-corruption measures; and closed during the period covered by the re- unduly delay the investigative process ‘‘(12) a statement on compliance by the port when the Inspector General decided not and put a strain on the office’s re- Palestian Authority with the democratic re- to afford an individual the opportunity de- sources. forms with specific details regarding the sep- scribed in subsection (c)(5)(B)(i) to refute In addition to these concerns about aration of powers called for between the ex- any allegation or assertion, and the rationale for denying such individual that oppor- the amendment itself, I am also con- ecutive and Legislative Council, the status cerned that it is being offered without of legislation passed by the Legislative tunity.’’. Council and sent to the executive, the sup- (c) STATUTORY CONSTRUCTION.—Nothing in any hearings at all or consideration by port of the executive for local and municipal the amendments made by this section may the Governmental Affairs Committee. elections, the status of freedom of the press, be construed to modify— As the Chairman is aware, the Govern- and of the ability of the press to broadcast (1) section 209(d)(4) of the Foreign Service mental Affairs Committee has jurisdic- debate from within the Legislative Council Act of 1980 (22 U.S.C. 3929(d)(4)); tion over the Inspector General Act. If and about the activities of the Legislative (2) section 7(b) of the Inspector General there are in fact legitimate concerns Council.’’. Act of 1978 (5 U.S.C. app.); (3) the Privacy Act of 1974 (5 U.S.C. 552a); that the amendment is intended to address, then perhaps it should apply to AMENDMENT NO. 726 or (4) the provisions of section 2302(b)(8) of all inspectors general rather than sin- (Purpose: To authorize appropriations for title 5 (relating to whistleblower protection). gling out this particular one. contributions to the United Nations Vol- (d) EFFECTIVE DATE.—The amendments Despite these reservations, I under- untary Fund for Victims of Torture) made by this section shall apply to cases stand the Foreign Relations Com- On page 129, between lines 5 and 6, insert opened on or after the date of enactment of mittee has worked hard to craft this the following new section: this Act. amendment. Therefore, I will not ob- SEC. ll. AUTHORIZATION OF APPROPRIATIONS Mr. THOMPSON. Mr. President, I FOR CONTRIBUTIONS TO THE ject to its consideration at this time if UNITED NATIONS VOLUNTARY FUND rise to express serious concerns which I the Chairman of the Foreign Relations FOR VICTIMS OF TORTURE. have about the amendment offered by Committee will agree to work with me There are authorized to be appropriated to the Senator from Connecticut regard- in conference to address the concerns the President $5,000,000 for each of the fiscal ing investigation procedures at the Of- that I have raised. years 2000 and 2001 for payment of contribu- fice of Inspector General for the De- Mr. HELMS. I thank the Chairman of tions to the United Nations Voluntary Fund partment of State. These concerns are the Governmental Affairs Committee for Victims of Torture. not mine alone, but have been brought for his comments. I know that he has a AMENDMENT NO. 727 to the attention of the Governmental strong interest in the inspectors gen- Affairs Committee by a number of in- (Purpose: To ensure that investigations, and eral as well as in properly conducted reports of investigations, of the Inspector spectors general. The amendment re- investigations. I appreciate his willing- General of the Department of State and quires the Inspector General for the ness to work with me in conference to the Foreign Service are thorough and accu- Department of State to provide each address the issues he has raised and I rate) individual mentioned in a report an op- look forward to doing so. On page 52, between lines 19 and 20, insert portunity to refute any allegation or Mr. THOMPSON. I thank the Chair- the following new section: assertion made regarding that person’s man for his work on this bill and I look

VerDate jul 14 2003 14:17 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00044 Fmt 0686 Sfmt 0634 E:\BR99\S22JN9.001 S22JN9 13752 CONGRESSIONAL RECORD—SENATE June 22, 1999 forward to working with him in con- Office of the Inspector General need (3) Of the suspects implicated in the at- ference. not go through the process of providing tacks described in paragraph (2) and detained by Palestinian or Israeli authorities; infor- OFFICE OF THE INSPECTOR GENERAL information to any individual who might have been named in the course mation on— Mr. DODD. Mr. President, I want to (A) the date each suspect was incarcerated; thank the Chairman of the Committee, of an investigation. (B) whether any suspects have been re- Senator HELMS, for accepting my Finally I recognize that there may be leased, the date of such release, and whether amendment as it relates to individuals certain instances where an ongoing any released suspect was implicated in sub- named in reports of investigations pre- criminal investigation would be com- sequent acts of terrorism; and pared by the Office of the Inspector promised if information were made (C) the status of each case pending against General at the State Department. This available to an individual. That is why a suspect, including information on whether amendment would provide these indi- I chose the words ‘‘shall make every the suspect has been indicted, prosecuted, or convicted by the Palestinian Authority or viduals with an opportunity to com- reasonable effort’’ to provide a measure of flexibility to the Inspector General. Israel. ment on information contained in the (4) The policy of the Department of State report as it relates to them and to pro- She may determine under certain cir- with respect to offering rewards for informa- vide explanatory or exculpatory infor- cumstances that it is inadvisable to tion on terrorist suspects, including any in- mation that may be relevant to the in- make information available. If she does formation on whether a reward has been vestigation. so, she must simply inform the Com- posted for suspects involved in terrorist at- Mr. HELMS. It is my understanding mittees of jurisdiction of the instances tacks listed in the report. that it is not the intention of the Sen- in which she has not made information (5) A list of each request by the United ator from Connecticut to override key available to an individual, as part of States for assistance in investigating ter- her reports to Congress, including the rorist attacks listed in the report, a list of provisions of the Foreign Service Act, each request by the United States for the the Inspector General Act of 1978, the rationale for doing so. This informa- transfer of terrorist suspects from the Pales- Privacy Act of 1974 or whistleblower tion may be provided on a classified tinian Authority and Israel since September protections with this amendment. basis if necessary. 13, 1993 and the response to each request Mr. DODD. That is correct, Mr. Presi- Mr. HELMS. Mr. President, I believe from the Palestinian Authority and Israel. dent. As you will note from the way this clarifies any questions with re- (6) A description of efforts made by United the amendment has been drafted, I in spect to this amendment and I believe States officials since September 13, 1993 to no way intend to undermine the ability that the managers are prepared to ac- bring to justice perpetrators of terrorist acts cept this amendment. against U.S. citizens as listed in the report. of the Inspector General to carry out (7) A list of any terrorist suspects in these Mr. DODD. I thank the managers for her duties. Subsection (c) of my cases who are members of Palestinian police amendment makes it clear that I do their assistance with this matter. or security forces, the Palestine Liberation not seek to override or call into ques- AMENDMENT NO. 728 Organization, or any Palestinian governing tion existing provisions of law that (Purpose: To require the Secretary of State body. govern the investigative practices of to report on United States citizens injured (8) A list of all United States citizens the Inspector General or statutory pro- or killed by certain terrorist groups) killed or injured in terrorist attacks in tections of individuals such as those On page 115, after line 18, insert the fol- Israel or in territory administered by Israel between 1950 and September 13, 1993, to in- contained in the Privacy Act of 1974 or lowing new section: SEC. 730. REPORT ON TERRORIST ACTIVITY IN clude in each case, where such information is provisions of section 2303(b)(8) of title 5 WHICH UNITED STATES CITIZENS available, any stated claim of responsibility (relating to whistleblower protection.) WERE KILLED AND RELATED MAT- and the resolution or disposition of each I have offered this amendment be- TERS case, including information as to the where- cause I believe that both fundamental (a) IN GENERAL.—Not later than six months abouts of the perpetrators of the acts, fur- fairness and good government dictate after the date of enactment of this legisla- ther provided that this list shall be sub- that an individual mentioned in a re- tion and every 6 months thereafter, the Sec- mitted only once with the initial report re- retary of State shall prepare and submit a quired under this section, unless additional port of investigation be given an oppor- report, with a classified annex as necessary, tunity to provide information as it re- relevant information on these cases becomes to the appropriate congressional committees available. lates to him, so that the fullest picture regarding terrorist attacks in Israel, in terri- (9) The amount of compensation the United is set forth in the final report of inves- tory administered by Israel, and in territory States has required for United States citi- tigation of the Office of the Inspector administered by the Palestinian Authority. zens, or their families, injured or killed in General. The report shall contain the following infor- attacks by terrorists in Israel, in territory Mr. HELMS. Am I correct in saying mation: administered by Israel, or in territory ad- that it is not the intention of the Sen- (1) A list of formal commitments the Pal- ministered by the Palestinian Authority estinian Authority has made to combat ter- since September 13, 1993, and, if no com- ator from Connecticut that the full re- rorism. port of investigation be turned over to pensation has been requested, an explanation (2) A list of terrorist attacks, occurring be- of why such requests have not been made. each and every person named in a re- tween September 13, 1993 and the date of the (b) CONSULTATION WITH OTHER DEPART- report, against United States citizens in port, but rather that an individual be MENTS.—The Secretary of State shall, in pre- advised of allegations regarding him? Israel, in territory administered by Israel, or paring the report required by this section, Mr. DODD. The Senator is correct. I in territory administered by the Palestinian consult and coordinate with all other Gov- do not seek to have the report made Authority, including— ernment officials who have information nec- (A) a list of all citizens of the United essary to complete the report. Nothing con- available to every named individual, States killed or injured in such attacks; tained in this section shall require the dis- simply be shown or briefed orally on (B) the date of each attack, the total num- closure, on a classified or unclassified basis, the substance of those portions, that ber of people killed or injured in each at- of information that would jeopardize sen- bear directly on that individual, con- tack; (C) the person or group claiming responsi- sitive sources and methods or other vital na- sistent with appropriate privacy and tional security interests or jeopardize ongo- whistleblower protections. bility for the attack and where such person or group has found refuge or support; ing criminal investigations or proceedings. Nor do I seek with this amendment (D) a list of suspects implicated in each at- (c) INITIAL REPORT.—Except as provided in to grant individuals access to the in- tack and the nationality of each suspect, in- subsection (a)(8), the initial report filed vestigative files, notes, or interim cluding information on— under this section shall cover the period be- memos that may have been developed (i) which suspects are in the custody of the tween September 13, 1993 and the date of the during the course of the investigation Palestinian Authority and which suspects report. by the Office of the Inspector General. are in the custody of Israel; (d) APPROPRIATE CONGRESSIONAL COMMIT- I also do not want to overburden the (ii) which suspects are still at large in TEES.—For purposes of this section, the term ‘‘appropriate congressional Committee’’ Inspector General in cases where an in- areas controlled by the Palestinian Author- ity or Israel; and means the Committees on Foreign Relations vestigation results in nothing of any (iii) the whereabouts (or suspected where- of the Senate and the Committee on Inter- significance and the case is simply abouts) of suspects implicated in each at- national Relations of the House of Rep- closed. Certainly in such instances the tack. resentatives.

VerDate jul 14 2003 14:17 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00045 Fmt 0686 Sfmt 0634 E:\BR99\S22JN9.001 S22JN9 June 22, 1999 CONGRESSIONAL RECORD—SENATE 13753 AMENDMENT NO. 729 AMENDMENT NO. 730 closely mirrors what he and I and sev- (Purpose: To express the sense of the Senate At the appropriate place in the bill, insert eral other Senators express in S. Res. the following: that the United States should ratify the 96, introduced last month. We are offer- SEC. . (a) FINDINGS.—The Congress finds ILO Convention on the Worst Forms of ing this as an amendment to highlight as follows: Child Labor, and for other purposes) the significance of the process under- (1) The International Criminal Tribunal for way in East Timor that will once and Rwanda (ICTR) was established to prosecute On page 115, after line 18, insert the fol- for all determine its political status. lowing new section: individuals responsible for genocide and other serious violations of international hu- As we all know, Indonesian President SEC. 730. SENSE OF SENATE REGARDING CHILD manitarian law committed in the territory Habibie announced on January 27 that LABOR. of Rwanda; the government of Indonesia was fi- (a) FINDINGS.—The Senate makes the fol- (2) A separate tribunal, the International nally willing to seek to learn and re- lowing findings: Criminal Tribunal for the Former Yugo- spect the wishes of the people in that (1) The International Labor Organization slavia (ICTY), was created with a similar territory. On May 5, the Governments (in this resolution referred to as the ‘‘ILO’’) purpose for crimes committed in the terri- of Indonesia and Portugal signed an estimates that at least 250,000,000 children tory of the former Yugoslavia; agreement to hold a United Nations-su- under the age of 15 are working around the (3) The acts of genocide and crimes against pervised ‘‘consultation’’ on August 8 to world, many of them in dangerous jobs that humanity that have been perpetrated determine East Timor’s future polit- prevent them from pursuing an education against civilians in the Great Lakes region of Africa equal in horror the acts committed ical status. and damage their physical and moral well- Despite this positive development, being. in the territory of the former Yugoslavia; (4) The ICTR has succeeded in issuing at excitement and tension over the possi- (2) Children are the most vulnerable ele- bility of gaining independence have in ment of society and are often abused phys- least 28 indictments against 48 individuals, ically and mentally in the work place. and currently has in custody 38 individuals recent months led to a gross deteriora- (3) Making children work endangers their presumed to have led and directed the 1994 tion of the security situation. Militias, education, health, and normal development. genocide; comprised of individuals determined to (4) UNICEF estimates that by the year (5) The ICTR issued the first conviction intimidate the East Timorese people 2000, over 1,000,000,000 adults will be unable ever by an international court for the crime into support for continued integration of genocide against Jean-Paul Akayesu, the to read or write on even a basic level because with Indonesia and widely believed to they had to work as children and were not former mayor of Taba, who was sentenced to life in prison; be supported by the Indonesian mili- educated. tary, are responsible for a sharp in- (5) Nearly 41 percent of the children in Af- (6) The mandate of the ICTR is limited to acts committed only during calendar year crease in violence. rica, 22 percent in Asia, and 17 percent in Let me recount some of the horror Latin America go to work without ever hav- 1994, yet the mandate of the ICTY covers se- ing seen the inside of a classroom. rious violations of international humani- stories I have heard coming out of East (6) The President, in his State of the Union tarian law since 1991 through the present; Timor recently. To cite just a few ex- address, called abusive child labor ‘‘the most (7) There has been well substantiated alle- amples, pro-government militias, intolerable labor practice of all,’’ and called gations of major crimes against humanity backed by Indonesian troops, report- upon other countries to join in the fight and war crimes that have taken place in the edly shot and killed 17 supporters of against abusive and exploitative child labor. Great Lakes region of Africa that fall outside of the current mandate of the Tribunal independence on April 5. Shortly there- (7) The Department of Labor has conducted after, pro-independence groups re- 5 detailed studies that document the growing in terms of either the dates when, or geographical areas where, such crimes took ported clashes, arrests and deaths, as trend of child labor in the global economy, well as civilians fleeing violence in six including a study that shows children as place; young as 4 are making assorted products (8) The attention accorded the ICTY and cities. One of those cities was Liquica that are traded in the global marketplace. the indictments that have been made as a re- where at least 25 people were brutally (8) The prevalence of child labor in many sult of the ICTY’s broad mandate continue murdered by pro-government militias developing countries is rooted in widespread to play an important role in current U.S. when up to 2000 civilians sought shelter poverty that is attributable to unemploy- policy in the Balkans; (9) The international community must in the local Catholic church. Later, on ment and underemployment among adults, send an unmistakable signal that genocide April 17, hundreds of East Timorese low living standards, and insufficient edu- and other crimes against humanity cannot fled the capital of Dili as knife-wield- cation and training opportunities among be committed with impunity; ing militias attacked anyone suspected adult workers and children. (b) It is the sense of the Congress that,— (9) The ILO has unanimously reported a of supporting independence. At least 30 The President should instruct the United new Convention on the Worst Forms of Child were killed in this incident as Indo- States U.N. Representative to advocate to Labor. nesian troops made little effort to stop the Security Council to direct the Office for (10) The United States negotiators played a the violence. The perpetrators have not Internal Oversight Services (OIOS) to re- leading role in the negotiations leading up to all been on the government side. Over evaluate the conduct and operation of the the successful conclusion of the new ILO ICTR. Particularly, the OIOS should assess the years there have been atrocities on Convention on the Worst Forms of Child the progress made by the Tribunal in imple- the pro-independence side as well. In Labor. menting the recommendations of the Report recent months, however, the over- (11) On September 23, 1993, the United of the U.N. Secretary-General on the Activi- whelming majority of the violence has States Senate unanimously adopted a resolu- ties of the Office of Internal Oversight Serv- tion stating its opposition to the importa- come from army elements and militias ices, A/52/784, of 6 February, 1998. The OIOS tion of products made by abusive and ex- under their effective control. Overall, should also include an evaluation of the po- ploitative child labor and the exploitation of hundreds of civilians have been killed, tential impact of expanding the original children for commercial gain. wounded or ‘‘disappeared’’ in separate mandate of the ICTR. (b) SENSE OF THE SENATE.—It is the sense militia attacks. (c) REPORT.—90 days after enactment of Unfortunately, the possibility exists of the Senate that— this Act, the Secretary of State shall report (1) abusive and exploitative child labor to Congress on the effectiveness and progress that tension and violence could still should not be tolerated anywhere it occurs; of the ICTR. The report shall include an as- terrorize the island between now and (2) ILO member States should be com- sessment of the ICTR’s ability to meet its the ballot, although I hope that is not mended for their efforts in negotiating this current mandate and an evaluation of the the case. Pro-integration militia lead- historic convention; potential impact of expanding that mandate ers announced on April 29 that they re- (3) it should be the policy of the United to include crimes committed after calendar ject the concept of the upcoming bal- States to continue to work with all foreign year 1994. lot, or anything that could be consid- nations and international organizations to Mr. FEINGOLD. Mr President, I rise ered a referendum. They have further promote an end to abusive and exploitative today to join my distinguished col- child labor; and stated that if a ballot leads to inde- (4) the Senate looks forward to the prompt league from Vermont, Senator LEAHY, pendence, they are prepared to fight a submission by the President of the new ILO in offering an amendment to encourage guerrilla war for decades if necessary Convention on the Worst Forms of Child a peaceful process of self-determina- to defend Indonesian rule of the terri- Labor. tion in East Timor. This amendment tory. Independent observers fear that

VerDate jul 14 2003 14:17 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00046 Fmt 0686 Sfmt 0634 E:\BR99\S22JN9.001 S22JN9 13754 CONGRESSIONAL RECORD—SENATE June 22, 1999 neither side will accept a loss in the return to East Timor to participate in posed, if any, by these weapons to United ballot, thus setting the stage for a pro- this important ballot. States interests, including national security longed conflict in East Timor. This It is not in our power to guarantee interests; type of rhetoric does not reassure us the free, fair exercise of the rights of (2) an assessment of whether the export of the people of East Timor to determine small arms of the type sold commercially in about the prospects for a successful the United States should be considered a for- transition for the people of East Timor, their future. It is, however, in our in- eign policy or proliferation issue; regardless of which form of government terest to do all that we can to work (3) a description of current Department of they choose. The climate in East with the United Nations, other con- State activities to monitor and, to the ex- Timor today, sadly, may have become cerned countries, the government of In- tent possible ensure adequate control of, too violent for a legitimate poll to donesia and the people of East Timor both the licit and illicit manufacture, trans- take place. Worse yet, the agreement to create an opportunity for a success- fer, and proliferation of small arms and light on the ballot process will be rendered ful ballot process. We cannot forget weapons, including efforts to survey and as- that the Timorese have been living sess this matter with respect to Africa and meaningless if people must fear for to survey and assess the scope and scale of their lives when they dare to partici- with violence and oppression for more the issue, including stockpile security and pate in the process. than 23 years. These many years have destruction of excess inventory, in NATO In the May 5 agreement, the Govern- not dulled the desire of the East and Partnership for Peace countries; ment of Indonesia agreed to take re- Timorese for freedom, or quieted their (4) a description of the impact of the reor- sponsibility for ensuring that the bal- demands to have a role in the deter- ganization of the Department of State made lot is carried out in a fair and peaceful mination of East Timor’s status. by the Foreign Affairs Reform and Restruc- way. Unfortunately, it is unclear that We have to do all we can to support turing Act of 1998 on the transfer of func- they are implementing this aspect of an environment that can produce a fair tions relating to monitoring, licensing, analysis, and policy on small arms and light the agreement. Quite the opposite. ballot in East Timor now and through- weapons, including— Whether Indonesian troops have actu- out the rest of this process. (A) the integration of and the functions really participated in some of these inci- AMENDMENT NO. 731 lating to small arms and light weapons of dents or not, the authorities certainly (Purpose: To require a report on the world- the United States Arms Control and Disar- must accept the blame for allowing, wide circulation of small arms and light mament Agency with those of the Depart- and in some cases encouraging, the weapons) ment of State; bloody tactics of the pro-integration On page 115, after line 18, add the following (B) the functions of the Bureau of Arms militias. The continuation of this vio- new section: Control, the Bureau of Nonproliferation, the Bureau of Political-Military Affairs, the Bu- lence is a threat to the very sanctity SEC. ll. REPORTING REQUIREMENT ON WORLD- WIDE CIRCULATION OF SMALL ARMS reau of International Narcotics and Law En- and legitimacy of the process that is AND LIGHT WEAPONS. forcement, regional bureaus, and any other underway. Thus, the Leahy-Feingold (a) FINDINGS.—Congress makes the fol- relevant bureau or office of the Department amendment specifically calls on Ja- lowing findings: of State, including the allocation of per- karta to do all it can to seek a peaceful (1) In numerous regional conflicts, the sonnel and funds, as they pertain to small process and a fair resolution to the sit- presence of vast numbers of small arms and arms and light weapons; uation in East Timor. light weapons has prolonged and exacerbated (C) the functions of the regional bureaus of I am encouraged by the calm manner conflict and frustrated attempts by the the Department of State in providing information and policy coordination in bilateral in which the people of Indonesia went international community to secure lasting peace. The sheer volume of available weap- and multilateral settings on small arms and to the polls earlier this month to elect onry has been a major factor in the devasta- light weapons; a new government. While the election tion witnessed in recent conflicts in Angola, (D) the functions of the Under Secretary of was not perfect, it is a step in the right Cambodia, Liberia, Mozambique, Rwanda, State for Arms Control and International Se- direction for the people of that nation, Sierra Leone, Somalia, Sri Lanka, and Af- curity pertaining to small arms and light and demonstrates an openness not seen ghanistan, among others, and has contrib- weapons; and in decades there. uted to the violence endemic to (E) the functions of the scientific and pol- I believe the United States has a re- narcotrafficking in Colombia and Mexico. icy advisory board on arms control, non- sponsibility—an obligation—to put as (2) Increased access by terrorists, guerrilla proliferation, and disarmament pertaining to small arms and light weapons; and much pressure as possible on the Indo- groups, criminals, and others to small arms and light weapons poses a real threat to (5) an assessment of whether foreign gov- nesian government to help encourage United States participants in peacekeeping ernments are enforcing their own laws con- an environment conducive to a free, operations and United States forces based cerning small arms and light weapons import fair, peaceful ballot process for the overseas, as well as to United States citizens and sale, including commitments under the people of East Timor. I am pleased that traveling overseas. Inter-American Convention Against the Il- we have taken a leadership role in of- (3) In accordance with the reorganization licit Manufacturing of and Trafficking in fering technical, financial, and diplo- of the Department of State made by the For- Firearms, Ammunition, Explosives, and matic support to the recently author- eign Affairs Reform and Restructuring Act Other Related Materials or other relevant international agreements. ized U.N. Assistance Mission in East of 1998, effective March 28, 1999, all functions and authorities of the Arms Control and Dis- GLOBAL PROLIFERATION OF SMALL ARMS AND Timor, known as UNAMET. armament Agency were transferred to the LIGHT WEAPONS Our amendment recognizes the very Secretary of State. One of the stated goals of significant progress that has been that Act is to integrate the Arms Control Mrs. FEINSTEIN. Mr. President, my made so far, in particular the calming and Disarmament Agency into the Depart- amendment calls upon the Department impact the very presence of U.N. offi- ment of State ‘‘to give new emphasis to a of State to provide Congress with a re- cials has appeared to have on the secu- broad range of efforts to curb proliferation of port on the global proliferation of rity situation in the capital, Dili. Nev- dangerous weapons and delivery systems’’. small arms and light weapons, and ertheless, problems still remain, so the (b) REPORT.—Not later than 180 days after State Department activities to address the date of enactment of this Act, the Sec- amendment also highlights the in- retary of State shall submit to the appro- this issue. crease in violence and human rights priate congressional committees a report For fifty years we have been used to abuses by anti-independence militias containing— thinking about arms control in terms and urges the Habibie government to (1) an assessment of whether the export of of nuclear weapons and ballistic mis- curtail Indonesian military support to small arms poses any proliferation problems siles. But, to my mind, the widespread the militias. The amendment also en- including— proliferation of small arms and light courages the Government of Indonesia (A) estimates of the numbers and sources weapons has now emerged as an equal- to grant full access to all areas of East of licit and illicit small arms and light arms ly pressing issue on the international in circulation and their origins; Timor by international human rights (B) the challenges associated with moni- arms control agenda. monitors, humanitarian organizations toring small arms; and Let me try to sketch out the scope and the press, and to allow all Timor- (C) the political, economic, and security and dimension of this problem, and ese who now live in exile the ability to dimensions of this issue, and the threats why I think it is critical that this issue

VerDate jul 14 2003 14:17 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00047 Fmt 0686 Sfmt 0634 E:\BR99\S22JN9.001 S22JN9 June 22, 1999 CONGRESSIONAL RECORD—SENATE 13755 be included in the first-rank of U.S. government depots in Albania in the sources will need to be directed to- arms control and security policy: three years leading up to the outbreak wards this issue in the future. An estimated 500 million illicit small of violence in the Balkans, including I understand that the Managers have arms and light weapons are in circula- 20,000 tons of explosives. The NATO cleared and will accept this Amend- tion around the globe. peacekeepers who are now moving into ment for inclusion in the State Depart- In the past decade, an estimated 4 Kosovo may be under threat and dan- ment Authorization bill. As a former million people have been killed in civil ger from these weapons. member of the Foreign Relations Com- war and bloody fighting. Nine out of In fact, the increased access by ter- mittee it was a pleasure to be able to ten of these deaths are attributed to rorists, guerilla groups, criminals, and work again with my former Chairman small arms and light weapons, and, ac- others to small arms and light weapons and Ranking Member, and I would like cording to the International Com- poses a real threat to U.S. participants to thank them for working with me on mittee of the Red Cross, more than 50% in peacekeeping operations and U.S. this Amendment. I look forward to the of those killed are believed to be civil- forces based overseas. opportunity to continue to work with ians. Although it is my belief that the them on this important issue. The sheer volume of available weap- United States is not the biggest con- Mr. MOYNIHAN. Mr. President, I rise onry has been a major factor in the tributor to the problem of the global today to discuss an amendment to the devastation witnessed in recent con- proliferation of small arms and light State Department authorization bill. flicts in Angola, Cambodia, Liberia, weapons—the United Nations has found For 75 years academic freedom was Mozambique, Rwanda, Sierra Leone, that almost 300 companies in 50 coun- squelched in the Soviet Union and the Somalia, Sri Lanka, and Afghanistan, tries now manufacture small arms and tools to build a democratic society among others, as well as the sort of vi- related equipment, a 25% increase in were lost to its successor states. olence endemic to narco-trafficking in production since 1984—in 1996 the U.S. Thankfully, that is now passed. The Colombia and Mexico. licensed for export more than $527 mil- Russians have the right to claim that According to a report last year by lion in light military weapons. With they freed their own country from the ABC News, at least seven million illicit the average price of $100–300 per weap- horrors of a decayed Marxist-Leninist small arms and light weapons are in on, this represents a huge volume of dictatorship. The Russian people and circulation in West Africa. weapons. their leaders have something about According to Human Rights Watch, a Most troubling, there is increased in- which to be proud. variety of small arms and light weap- cidence of U.S. manufactured weapons I rise in that spirit to discuss an ons were readily available on the black flowing in the international black mar- amendment that is simple in both market in Rwanda prior to the civil ket. In 1998, at the request of foreign premise and purpose: build democratic war and genocide in that country: governments, the U.S. Bureau of Alco- leaders of the NIS for the future In 1994 an AK–47 could be purchased hol, Tobacco, and Firearms conducted through education. This modest in Rwanda for $250; amendment will partially fund doc- a grenade for $20; and, 15,199 traces of weapons used in crimes. a 60mm Mortar Bomb for $85. In 1994, Mexico reported 3,376 ille- toral graduate study in the social More than 50 million AK–47s have gally acquired U.S.-origin firearms. sciences for students from the NIS dur- been manufactured in the last 40 years, Many of these weapons were originally ing the next two years. The benefits of far more than are accounted for in gov- sold legally to legitimate buyers but education and exposure to the United ernment stockpiles or registries. Dur- then transferred illegally, many to the States will be long lasting. ing the past decade it is estimated that Mexican drug cartels, once they left We want to give these students from more than 1 million Uzis and 10 million the United States: Between 1989 and the NIS a chance to see American de- Uzi copies have gone into circulation. 1993, the State Department approved mocracy and learn the tools to improve According to the South African Insti- 108 licenses for the export of $34 million their own society. Indeed, for many it tute for Security Studies, an estimated in small arms to Mexico, but it per- will be their first chance to visit the 30,000 stolen firearms enter the illegal formed only three follow-up inspec- world’s oldest democracy; to see the marketplace annually in South Africa. tions to ensure that the weapons were promise that democracy offers; and to Mozambique, a country whose total delivered to and stayed in the hands of judge its fruits for themselves. As one population is 15 million, has more than the intended users. of our most famous visitors, Alexis de 10 million small arms in circulation. Other countries have equally porous Tocqueville, wrote: Although there are no reliable statis- arms sales and licensing regulations: In Let us look to America, not in order to tics available, numerous analysts and the United Kingdom, only 24 of 2,181 make a servile copy of the institutions that press reports have noted that in recent arms export licenses to 35 countries she has established, but to gain a clearer view of the polity that will be the best for years various actors in the Russian were refused last year. Clearly this is a huge problem, with us; let us look there less to find examples military, government, and mafia have than instruction; let us borrow from her the been active in selling large quantities profound implications for U.S. security principles, rather than the details, of her of Russian military equipment on the interests. As Secretary Albright noted laws . . . the principles on which the Amer- black market. in her speech to the International Res- ican constitutions rest, those principles of The United Nations and the Red cue Committee last year: ‘‘The world is order, of the balance of powers, of true lib- Cross estimate that there are that awash in small arms and light weap- erty, of deep and sincere respect for right, more than 10 million small arms are in ons.’’ are indispensable to all republics . . . circulation in Afghanistan, where the The purpose of this amendment is In 1948 the United States instituted terrorist organization of Osama Bin very simple. It calls for a Report by the the now famous Marshall Plan which Laden is based. Department of State to provide Con- included among its many provisions a Over 1 million small arms—ranging gress with an assessment of the dimen- fund for technical assistance. Part of from pistols to AK–47s to hand gre- sion of the problem, the threats posed this fund included the ‘‘productivity nades—are readily available in arms by these weapons to U.S. interests, and campaign’’ which was designed to bring bazaars on the Pakistani side of the Af- the activities of the Department re- European businessmen and labor rep- ghan border. Many of these weapons garding the proliferation of small arms resentatives here to learn American are believed to flow to the Kashmir, and light weapons. methods of production. During the where they contribute to the insta- It is my hope that this information Plan’s three years, over 6,000 Euro- bility and tension between India and will provide policymakers with a bet- peans came to the United States to Pakistan, who both now posses nuclear ter understanding of this issue, wheth- study U.S. production. Though the weapons. er sufficient resources are being de- funding for this part of the plan was The United Nations estimated that voted to addressing the threats posed less than one-half of one percent of all over 650,000 weapons disappeared from to U.S. interests, and if additional re- the Marshall Plan aid, its impact was

VerDate jul 14 2003 14:17 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00048 Fmt 0686 Sfmt 0634 E:\BR99\S22JN9.001 S22JN9 13756 CONGRESSIONAL RECORD—SENATE June 22, 1999 far greater. The impact of this amend- bill together—particularly Steve There is a sufficient second. ment may also be great. Biegun who assumed the role of staff The yeas and nays were ordered. We must note here the current state director after our friend Bud Nance The PRESIDING OFFICER. The bill of Russia’s affairs: it is deplorable. De- passed away. having been read the third time, the spite this situation, last spring the Patti McNerney has been tireless as question is, Shall it pass? On this ques- United States Senate voted to expand majority counsel in leading the com- tion, the yeas and nays have been or- the North Atlantic Treaty Organiza- plex staff negotiations that helped dered, and the clerk will call the roll. tion. Throughout the elements of the make this bill possible. The assistant legislative clerk called Russian political system NATO expan- I would also like to thank Brian the roll. sion was viewed as a hostile act they McKeon, our minority counsel for his Mr. NICKLES. I announce that the will have to defend against; and they hard work and the rest of the minority Senator from Arizona (Mr. MCCAIN) is have said if they have to defend their staff, including Jennifer Park and our necessarily absent. territory, they will do so with nuclear Pearson Fellow, Joan Wadelton who The PRESIDING OFFICER. Are there weapons; that is all they have left. put many long hours in with the rest of any other Senators in the Chamber The distrust born from NATO expan- the majority and minority staff. We who desire to vote? The result was announced—yeas 98, sion will not fade quickly. Let us hope would not be looking at final passage nays 1, as follows: that this amendment will provide indi- today without all their dedicated ef- viduals from Russia and the other NIS forts. [Rollcall Vote No. 180 Leg.] the opportunity to see that we Ameri- The PRESIDING OFFICER. Under YEAS—98 cans do not hope for Russia’s demise the previous order, the amendments Abraham Enzi Lott and isolation. Perhaps we can dispel are agreed to. Akaka Feingold Lugar Allard Feinstein Mack the betrayal they may feel as a result The amendments (Nos. 705 through Ashcroft Fitzgerald McConnell of NATO enlargement, and give them 731), en bloc, were agreed to. Baucus Frist Mikulski the tools to further develop their own The PRESIDING OFFICER. Under Bayh Gorton Moynihan democracies. the previous order, there are five min- Bennett Graham Murkowski Biden Gramm Beyond that, the importance of utes equally divided. Murray Bingaman Grams Nickles training the next generation of social Mr. BIDEN. Mr. President, I want to, Bond Grassley Reed scientists in the NIS is immeasurable. in the minute or so I have left, con- Boxer Gregg Reid Breaux Hagel It is this generation that will revitalize gratulate the chairman of the com- Robb Brownback Harkin Roberts the universities, teaching the next gen- mittee for a job very well done. The Bryan Hatch Rockefeller eration economics, political science, Bunning Helms managers’ amendment, which he sent Roth Burns Hollings sociology and other disciplines. It is to the desk, I might point out, amends Santorum Byrd Hutchinson this generation of social scientists who the legislation to name this legislation Campbell Hutchison Schumer will be prepared to enter their Govern- the Admiral James W. Nance Foreign Chafee Inhofe Sessions ments armed with new ideas and new Cleland Inouye Shelby Relations Act, Fiscal Years 2000 and Smith (NH) ways of thinking different from the 2001. Cochran Jeffords Collins Johnson Smith (OR) status quo; they will bring their new Bud Nance was a man who was a Conrad Kennedy Snowe knowledge and standards, their link- dear, close friend to the chairman, and Coverdell Kerrey Specter ages to the United States back to their a close friend of many of us in the Sen- Craig Kerry Stevens Thomas own countries, and they will have the Crapo Kohl ate. He served this country with ex- Daschle Kyl Thompson best opportunity to influence change traordinary distinction in the final DeWine Landrieu Thurmond there. years of his life. He served as staff di- Dodd Lautenberg Torricelli Mr. BIDEN. The managers amend- rector of the Foreign Relations Com- Domenici Leahy Voinovich ment which I am pleased to cosponsor Dorgan Levin Warner mittee. Durbin Lieberman Wellstone with the chairman amends this legisla- One of Bud Nance’s objectives, which Edwards Lincoln Wyden tion to name it the ‘‘Admiral James W. he shared with the chairman, was that NAYS—1 Nance Foreign Relations Act, Fiscal this particular legislation become law, Sarbanes years 2000 and 2001.’’ and he began to reestablish the rel- Admiral ‘‘Bud’’ Nance was a dear evance of and the bipartisan nature of NOT VOTING—1 friend of the chairman and a close the committee. He deserves great cred- McCain friend of many of us in the Senate. it for that. I think the idea of naming The bill (S. 886), as amended, was He served his country with extraor- this legislation after him is very fit- passed, as follows: dinary distinction, and in the final ting and appropriate. [The bill was not available for print- years of his life served as Staff Direc- I thank the chairman again for his ing. It will appear in a future issue of tor to the Senate Foreign Relations cooperation, for his willingness to lis- the RECORD.] Committee. One of Bud Nance’s objec- ten, and for his help. He is a lucky man Mr. LAUTENBERG. Mr. President, I tives, which he shared with the chair- to have had such a close friend. move to reconsider the vote, and I man, was to see this particular legisla- I yield the floor. move to lay that motion on the table. tion become law. Mr. HELMS. Mr. President, in behalf The motion to lay on the table was The Senate’s approval today will be a of the Nance family, I express my ap- agreed to. major step to that end. When this leg- preciation not only to Senator BIDEN The PRESIDING OFFICER. The Sen- islation becomes law we will have au- but to all of the other Senators who ator from Iowa is recognized under the thorized the payment of most of the signed the statement of authenticity order. United States arrearages to the United with reference to that. And personally, PRIVILEGE OF THE FLOOR Nations and encouraged significant re- ladies and gentlemen, I am grateful to Mr. HARKIN. Mr. President, I ask forms in that body. them. Thank you so much. unanimous consent Claire Bowman and In addition, the Congress will have The PRESIDING OFFICER. The Sarah Wilhelm, interns in my office, be authorized the funding of our activities question is on the engrossment and granted the privilege of the floor. overseas for the years 2000 and 2001. third reading of the bill. The PRESIDING OFFICER. Without I look at those dates and can’t help The bill was ordered to be engrossed objection, it is so ordered. but think that in many ways, this for a third reading, and was read the f being but just one, your friend, our third time. friend, Bud Nance, will indeed be with Mr. BIDEN. Mr. President, I ask for THE PATIENTS’ BILL OF RIGHTS us as we enter the new millennium. the yeas and nays. Mr. HARKIN. Mr. President, I will I would like to thank the majority The PRESIDING OFFICER. Is there a make a few comments about the impor- staff for their work in helping put this sufficient second? tance of managed care reform and the

VerDate jul 14 2003 14:17 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00049 Fmt 0686 Sfmt 0634 E:\BR99\S22JN9.001 S22JN9 June 22, 1999 CONGRESSIONAL RECORD—SENATE 13757 importance of passing a strong Pa- ance plan has sufficient providers in its Similarly, we must prohibit health tients’ Bill of Rights in this Congress. network to deliver the care that is insurance companies from disclosing The bill that my colleagues on the promised. Again, this is an area where genetic discrimination to other insur- other side of the aisle want us to con- the Republican bill is, I think, very in- ance companies, to industry-wide data sider, I believe, is fundamentally adequate. There is no provision in the banks, and employers. If we really flawed. First, it fails to cover two- Republican bill to ensure network ade- want to prevent discrimination, we thirds of privately insured Americans. quacy. This is a very important issue should not let genetic information get Secondly, it fails to prevent insurers in my State of Iowa. into the wrong hands in the first place. from arbitrarily interfering with the My amendment ensures that every Finally, if we really want a prohibi- decisions of a patient’s treating physi- network plan has a sufficient number tion of genetic discrimination to have cian. And, third, it is weak in giving and mix of providers to deliver the cov- teeth, we have to have strong remedies consumers the right to sue their insur- ered services. and penalties. The $100-a-day fine ance companies for faulty decisions to It also requires plans to incorporate against health insurers that my col- withhold care. a primary care physician in their net- leagues across the aisle have proposed Today, I want to focus on a few issues work who is within 30 minutes or 30 will do little to prevent health insurers that have critical importance to me: driving miles of a patient’s home. If from discriminating, and it does noth- access to specialty care, network ade- the plan cannot include patients within ing to compensate a victim of such dis- quacy, and genetic discrimination. that distance, patients need to be al- crimination. We must do better than When we marked up the bill in the lowed to go ‘‘out-of-network’’ to obtain this. Health, Education, Labor and Pensions the care they need. In other words, no Mr. President, let me say that we Committee, I offered an amendment to one should have to drive more than 30 must not pass up this chance to make ensure that patients have access to the miles or 30 minutes to see a primary true and significant reforms to man- specialty care they need. I intend to care physician. aged care programs. This is the issue offer it again if we are ever allowed a It is important to understand what is that the American people have said full and fair debate on this bill. happening now. Many managed care they most want the Congress to ad- This is a critical issue for people with companies now contract only with dress. And they are watching us care- disabilities, women with breast cancer, urban-based providers. Not only does fully to see if we will enact real reform and others with chronic health condi- this require patients to travel consider- or a series of meaningless sound bites. tions. But it is important for all Amer- able distances to receive basic health If we take strong action that allows icans. The inability to access special- care, but these urban-based networks ists is the number-one reason people also weaken the rural health infra- clear-cut access to specialty care, en- give when they leave a health plan, and structure by shutting local doctors and sures network adequacy, and prohibits it is a top issue they want Congress to local clinics out of the network. This is genetic discrimination, we will have address. wrong and must be stopped. gone a long way to providing real re- The Republican bill is deficient in I have been working also on the ge- form and providing for a meaningful this area. Aside from two minor provi- netic issues of this since the early 1990s Patients’ Bill of Rights. sions regarding access to OB/GYNs and when I introduced an amendment to I yield the floor. pediatricians—access that almost all the HIPAA that prohibited genetic dis- Mr. LEAHY addressed the Chair. health plans already provide—there is crimination by group health plans. As The PRESIDING OFFICER. The Sen- nothing in the Republican bill that ranking member of the Labor-HHS ap- ator from Vermont is recognized. guarantees access to specialty care propriations subcommittee, I have also Mr. LEAHY. Mr. President, I ask such as that provided by neurologists, been and continue to be a strong sup- unanimous consent that I be allowed to pediatric oncologists, rehabilitation porter of the Human Genome Project. speak for up to 10 minutes on a subject physicians, and others. In the HELP Committee, the author- involving landmines. We need to ensure that people can see izing committee, I worked with Sen- The PRESIDING OFFICER. Without specialists outside of their HMO’s net- ators DODD and KENNEDY on a genetic objection, it is so ordered. work at no additional cost if specialists discrimination amendment. I intend to f in the plan’s network cannot meet continue working on this issue when their needs. We need to allow a spe- and if we get a Patients’ Bill of Rights KOSOVO’S MINEFIELDS cialist to be the primary care coordi- on the floor. nator for patients with disabilities or We have all discussed at length the Mr. LEAHY. Mr. President, as thou- life-threatening or degenerative condi- importance of prohibiting discrimina- sands of Kosovar Albanians flood tions. And we need to provide for tion on the basis of all predictive ge- across the Macedonian and Albanian standing referrals for people who need netic information in all health insur- borders, we are getting the first reports ongoing specialty care, which enables ance markets. I am pleased that the of refugee landmine victims. Last them to go straight to the specialist Republican bill recognized that we week, two refugees were killed and an- instead of jumping through hoops with need to prohibit discrimination in the other seriously injured as they hurried primary care doctors or insurance com- group and in the individual markets, to return to their homes in Kosovo. panies. and that we need to prohibit discrimi- Just put this in perspective. Some 25 These provisions would not create nation not only on the basis of genetic people have been injured or killed by onerous new burdens on plans. In fact, tests but on the basis of a person’s fam- mines in Kosovo since the refugees many plans already allow specialists to ily history. began returning. It is a senseless loss be primary care coordinators, and they Still, the Republican bill failed to ad- of life and it is tragic, but it is predict- let people have standing referrals. Most dress several other equally critical able. It is predictable because tens of importantly, they address the tragic issues in this area. The bottom line is thousands of landmines were left be- cases we have heard about that stem that we must prohibit discrimination hind by Serb forces. Others were put from delay or denial of access to spe- by insurers and employers. there by the KLA. They litter fields, cialists. To prohibit discrimination in one roads, and bridges, and they have even Finally, helping people get timely ac- context only invites discrimination in been left in houses. They have been left cess to specialty care is not just smart the other. For example, if we only pro- in booby traps. As sad as anything, and compassionate policy; it will also hibit discrimination in the insurance there are mass graves marking the help minimize the need for litigation context, employers who are worried atrocities that have occurred there. that results from a failure to have ac- about future increased medical costs And as family members go back to try cess. will simply not hire individuals who to find out if their loved ones are in Another amendment I have been have a genetic predisposition to a par- those graves, even some of the graves working on ensures that each insur- ticular disease. have been booby-trapped by landmines.

VerDate jul 14 2003 14:17 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00050 Fmt 0686 Sfmt 0634 E:\BR99\S22JN9.001 S22JN9 13758 CONGRESSIONAL RECORD—SENATE June 22, 1999 These landmines are the greatest We can give millions of dollars in aid Not only do they compete for funding, they threat to people on the ground, includ- to mine victims. The Leahy War Vic- influence priorities as well. This is not a ing NATO forces, and the number of in- tims Fund does that every year in the comprehensive master plan. All five components of mine action— nocent victims—children playing, sum of many millions of dollars. We awareness; surveying, mapping and marking; farmers plowing their fields, women can sit down with other nations to re- removal; destruction; and victim assist- walking along the roads—will continue build as many countries as there are ance—should be an integral part of any com- to rise. conflicts. But the truth is, the only ef- prehensive international operation. First, all It is one thing to conduct an air war fective strategy to stop the carnage minefield information must be given imme- with the latest laser-guided technology caused by landmines has three parts: diately to allied leaders. Should any of the and, thankfully, there were no NATO Demining, victims assistance, and combatants have only incomplete or inaccurate mine records, their soldiers should casualties, but it is another thing to most importantly, banning their use show the entering forces just where the face an invisible enemy on the ground. today, tomorrow, and forever. That is mines have been placed. This will save lives. In Bosnia, most U.S. casualties were what the Ottawa Convention does. Un- It was not done in Bosnia, and it exacted a from landmines. In Kosovo, too, mines less countries such as the United high price. Human suffering remains, and are the invisible enemy. They can’t dis- States, Russia, Pakistan, India, and economic output is still less than half of tinguish between friend or foe, soldier China join, they invite others to keep what it was in 1990. or civilian, adult or child. using mines. It is in Kosovo today but In the initial phase of the Kosovo peace, international military forces will clear A June 15 article in the Los Angeles somewhere else tomorrow. mines to protect themselves and allow for Times entitled, ‘‘A Strategy on Land The United States is not causing the the necessary freedom of movement to ac- Mines is Needed Now,’’ described the landmine problem, but the United complish their mission. This mine-clearing problems mines pose in Kosovo, and States is blocking a total solution be- effort should also support the rapid return of they called on the international com- cause, without us, there is no solution. refugees and the swift resumption of local munity to develop a comprehensive I ask unanimous consent that the commerce. Military mine-clearing and mine- strategy for clearing the mines and text of the Los Angeles Times article awareness training should be supplemented by mine-awareness education for refugees aiding the victims. be printed in the RECORD. and internally displaced persons. Assuring Such a strategy is critical to pro- There being no objection, the article adequate medical supplies and attention for moting peace and moving forward with was ordered to be printed in the mine casualties should be a high priority. reconstruction and economic develop- RECORD, as follows: Once the initial phase of a Kosovo deploy- ment. The United States, as the leader [From the Los Angeles Times, June 15, 1999] ment is completed, the international protection force is likely to limit and then stop its of NATO, will play a key role in design- A STRATEGY ON LAND MINES IS NEEDED NOW mine-clearance work. Civilian groups must ing and financing that strategy. (By Robert Oakley, Lori Helene Gronich, Ted But the article neglects to address then take over. International experts often Sahlin) are brought in to help training local resi- another key part of the problem—the Tens of thousands of land mines will be left dents in mine safety and removal. Local se- continued use of mines. It is a bit behind as Serb forces withdraw from Kosovo, curity forces can also be trained and similiar to trying to keep garbage out and nobody has a long-term plan for remov- equipped to participate. Despite the wide- of a river. You can clean up the gar- ing them. The international community spread belief that mine clearance is an inte- bage, but if people keep dumping it must begin work together now to develop an gral part of post-conflict peace-building, eco- into the river, you haven’t solved the integrated approach or prospects for peace nomic revitalization and sustainable devel- problem. You need to stop garbage and economic recovery in Kosovo will be opment, there is no agreed model for ad- thwarted. from being dumped. We need to stig- dressing or even coordinating these different Knowledge about the relationship between needs and roles. matize antipersonnel mines so they are land mine problems, peace settlements and If the work in Kosovo is to be effective, not put into the ground in the first rebuilding shattered communities is scarce. international planners must develop a com- place by anybody, by any country, by Operation Provide Comfort in Iraq and the prehensive strategy now. Otherwise, the any combatant, by anyone anywhere. stabilization of affairs in Bosnia are experi- fighting may cease, but the casualties will That is what most countries are try- ences that can help shape effective planning go on. ing to do. Now, 135 countries have for Kosovo. In northern Iraq, there were rec- Mr. LEAHY. Mr. President, I will signed the Ottawa Convention that ognizable phases to the refugee operation. close with this, as I have many other First, the military entered and secured the bans the use of antipersonnel mines, area. Mines were removed from refugee re- times. In the use of any weapons, there and 81 countries have ratified it. That ception zones and core transportation always will be questions as to who is convention sets a new international routes. Then, international relief organiza- right and who is wrong. But I have to norm outlawing a weapon that has tions came forward and restarted their local think the use of landmines raises be- caused enormous suffering of innocent operations. yond a strategic question, raises the people in some 70 countries. But the next step—taking these mines out real moral question, and because the Like booby traps, which are also out- of the ground—did not take place. Despite victims of landmines are so dispropor- lawed, mines are triggered by the vic- the valuable mine location information pro- tionately civilian, we do get into moral vided by area residents and some inter- tim. They are inherently indiscrimi- national relief workers, land mines were questions. As the most powerful Nation nate and the casualties are usually treated as an acceptable, if pernicious, dan- on earth, and also the Nation most noncombatants. ger to the population. Wise planners will in- blessed with resources and advantages Unfortunately, the most powerful clude the accounts of local residents and of any nation in history, I think we fail Nation on earth, the United States, has international aid workers in Kosovo. a moral duty if we don’t do more to not joined the convention. So despite Large-scale mine removal normally occurs ban the use of antipersonnel land- the leading role the United States has when the threat of violence has receded, mines. taken in demining and helping victims, armed forces have departed, and local gov- It is a child walking to school. It is a ernance has been restored. National and we, like Russia, China, and some other international organizations then work with mother going to a stream to get water. countries that manufacture mines, are local leaders to develop long-term aid plans It is a parent tilling what little fields standing in the way of the effort to and mine-removal programs. they have. It is somebody trying to outlaw this weapon. In Bosnia, soldiers and civilians alike were help out with medical care. It is a mis- Ironically, every member of NATO, aware of the land mine threat. Allied mili- sionary. It is so many others—all on except the United States and Turkey, tary forces, after several fatalities and trau- peaceful, proper pursuits of their lives. has signed the Ottawa Convention. We matic injuries, made land mine awareness They are the ones who step on these not only weaken the convention by our among the troops a high priority. These landmines and are killed or maimed. troops, however, primarily removed mines absence, we also complicate joint mili- when it was necessary for force protection. The child who sees a shiny toy in the tary operations with our NATO allies. International companies, local contractors field and loses his arm and his face. It Now, the United States can send and local forces tackled the larger mine is the person who tries to save the deminers, those who remove the mines. problem, and they are still at work today. child who steps on the mine itself. It is

VerDate jul 14 2003 14:17 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00051 Fmt 0686 Sfmt 0634 E:\BR99\S22JN9.001 S22JN9 June 22, 1999 CONGRESSIONAL RECORD—SENATE 13759 the refugee family trying to go back to medical personnel—and the patients. I see our leader on the floor at this the country that they were expelled They ought to be the ones that make time. I think all of us are looking for- from who are dying from them. We the decisions that are going to affect ward to listening to his presentation. have to do more. our lives and the lives of our families, I yield the floor at this time and will I wish there would be a day when our grandparents, and our children. come back and address the Senate. there would never be another war. Those decisions should not be made by Mr. DASCHLE. Mr. President, if the There will not be. We can’t stop that. an insurance agent, or by an HMO offi- Senator will yield, he was talking ear- But we can take steps to stop the day cial. lier about the amazing array of groups that landmines will ever be used again. This is a very basic and fundamental in support of our bill. I think I heard I yield the floor. concept, and all of the basic meas- the Senator say it really represents f ures—the proposals—that are advanced virtually the entire universe of health care provider organizations that we AGRICULTURE, RURAL DEVELOP- in our Patients’ Bill of Rights, which was introduced by Senator DASCHLE, know in this country. Certainly they MENT, FOOD AND DRUG ADMIN- are not all necessarily Democratic ISTRATION, AND RELATED reflect this concept. The Republican proposal does not address this criti- groups or progressive groups. AGENCIES APPROPRIATIONS Would the Senator comment on the ACT, 2000 cally important concept. I call the Re- publican proposal the ‘‘patients’ bill of diversity of the groups supporting our The PRESIDING OFFICER. The Sen- wrongs.’’ They use the right words in proposal? I think this is a point that is ate will now resume consideration of their title, but that’s it. Their bill sometimes lost—the breadth of organi- the agriculture appropriations bill, S. doesn’t guarantee that these decisions zations that say this is a top priority 1233, which the clerk will report. are going to be made by the doctors as a legislative issue. The legislative clerk read as follows: and nurses and by the trained medical Mr. KENNEDY. As the Senator A bill (S. 1233) making appropriations for professionals. knows full well, we can take one exam- Agriculture, Rural Development, Food and ple. There are many, and we will come The Members of this body do not Drug Administration, and Related Agencies back to those later in the afternoon. have to take what I say on this inter- programs for the fiscal year ending Sep- But the Senator has been a strong sup- tember 30, 2000, and for other purposes. pretation of the Republican proposal. porter in terms of increasing the NIH The fact remains that we have been Pending: research budget and has followed the waiting and waiting and waiting for Dorgan (for Daschle) amendment No. 702, various recommendations so that hope- well over a year, or for close to 2 years, to amend the Public Health Services Act, the fully we are going to double the NIH to hear from our Republican friends Employee Retirement Income Security Act research budget. Our Republican col- of 1974, and the Internal Revenue Code of 1986 about the medical associations or the leagues have supported this proposal. to protect consumers in managed care plans medical professionals that support Senator MACK and Senator SPECTER and other health coverage. their proposal. Let’s be clear, we don’t have been leaders. Senator HARKIN has Lott amendment No. 703 (to amendment advance this proposal because we are No. 702), to improve the access and choice of been one of the important leaders. Democrats. We advance it because it patients to quality, affordable health care. Many other Members have supported will protect consumers and families in The PRESIDING OFFICER. The Sen- that proposal. Why? Because it is uni- this country. ator from Massachusetts. versally accepted that we are in the Mr. KENNEDY. Mr. President, what It isn’t that I say it, or that Senator early morning sunrise period of major is the business before the Senate at DASCHLE says it, or that any of our col- scientific breakthroughs on many of this time? leagues say it. It is because the doctors the kinds of diseases that affect mil- The PRESIDING OFFICER. The Sen- in this country say it. The American lions of our fellow citizens. ate is currently considering S. 1233, the Medical Association says it. The Amer- This year, more than 563,000 will die agriculture appropriations bill and the ican Nurses Associations says it. The from cancer, and 1.2 million will be di- pending amendment is amendment No. consumer organizations that have been agnosed. We have these enormous po- 703. dedicated to protecting patients have tential breakthroughs that can mean Mr. KENNEDY. Mr. President, now said it. the difference between life and death. we are back to where we were yester- If you look over the list of those var- These breakthrough treatments allow day just about 24 hours ago. At the re- ious groups that are supporting our individuals some degree of hope of quest of the Democratic leader, the particular proposal, you will find that being freed from Alzheimer’s or Par- amendment on the Patients’ Bill of virtually every organization that rep- kinson’s disease or cancer. Every med- Rights was submitted to the Senate as resents women’s health care support ical researcher understands that. That an amendment on the appropriations our legislation, and for very good rea- is why they support the access to clin- bill yesterday afternoon. The majority sons, which we will outline today. Vir- ical trials piece in our proposal. When leader then offered an amendment to tually every leading group that has they have the breakthrough in the lab- that amendment, which was effectively dedicated itself to protecting the well- oratory, they want to get it to the bed- the legislation that was passed out of being of children in our society and the side. The way that is done is through the Health and Education committee health care of children are supporting clinical trials. some 3 months ago and the tax provi- our proposal. Why? For very good rea- Under the Daschle proposal, we sions from the Senate Republican lead- sons, which have been outlined before would continue the traditional support ership proposal. That is an amendment by Senator DASCHLE, Senator REED and for clinical trials so that we can move to Senator DASCHLE’s proposal. those of us who support helping chil- these breakthroughs that are coming We have this measure now before the dren. You will find that virtually every in the laboratory to the patients, to Senate. Many of us over the last 2 organization in this country that is the mothers, and to the daughters, and years have tried to gain the oppor- concerned about the needs of the dis- to others. tunity to debate what we call the Pa- abled in our society is supporting our Mr. DASCHLE. Will the Senator ex- tients’ Bill of Rights. The underlying program. Virtually every group that is plain the term ‘‘clinical trials?’’ The concept of the Patients’ Bill of Rights concerned about cancer and cancer re- Senator has made such an important is very simple and very straight- search is supporting our particular pro- point about this issue. There are so forward. Our legislation has the strong posal. And virtually none are sup- many differences between the Repub- and compelling support of over 200 or- porting the opposition’s proposal. lican and Democratic bills. One of the ganizations all across this country. This is something that the American myriad of differences has to do with Medical decisions that affect the mem- consumers ought to understand. This is the so-called ‘‘clinical trial’’ provision. bers of our families ought to be made something the American consumers The Senator has spoken on the floor so by doctors—by professional, trained ought to realize. patiently and eloquently about the

VerDate jul 14 2003 14:17 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00052 Fmt 0686 Sfmt 0634 E:\BR99\S22JN9.001 S22JN9 13760 CONGRESSIONAL RECORD—SENATE June 22, 1999 concept of clinical trials and access to ington, DC, one of the major centers in require not only the ‘‘prudent’’ them. When we talk about clinical the country in cancer research pro- layperson standard in emergency care trials, are we talking about innovative grams and clinical trials, is saying that and emergency room, but we require techniques to respond to health prob- as well. The director says they employ also the poststability care that is nec- lems that take full advantage of re- eight professionals who work 18 hours a essary after you have been to an emer- search and the opportunities of medi- day combating health maintenance or- gency room, and their bill does not do cine that this country provides? Are we ganizations to help enroll women in it. talking about giving people access to breast cancer clinical trials. Doctors Mr. KENNEDY. The Senator is abso- that medicine and cutting-edge tech- have recommended patients for clinical lutely correct. We have had constant nology just as soon as it is available? trials, with treatment that can prob- examples of abuses that have taken Isn’t that really what we are talking ably save their lives, but due to resist- place. Senators have printed in the about? ance and denials by the health mainte- RECORD these human tragedies. Mr. KENNEDY. The Senator is abso- nance organizations, those women are The Senator understands fully that lutely correct. effectively denied treatment that may this is not only something from last If I could add to what the Senator save their lives. That is happening year or something from last month. has said, we have made great progress today. The situation the Senator has outlined in dealing with cancer, especially chil- As the Senator knows, all we are try- is happening today. It has happened dren’s cancers, over the last 10 years. ing to do with this particular proposal this morning; it has happened this The principal reason for this progress is follow sound medical guidelines, the afternoon; it will happen tomorrow. It is the large number of clinical trials. medical guidelines that your doctor— will continue to happen unless and We should take the time to spell out who may be an oncologist acting on be- until we pass this legislation. what has actually happened in the clin- half of a victim of breast cancer—be- Mr. DORGAN. I just described a case ical trials and why that is an impor- lieves, given the clinical trials taking of a woman being hauled into the hos- tant provision of the leader’s Patients’ place, providing you a real chance of pital unconscious and being told: We Bill of Rights. surviving if we enlist you in the clin- can’t pay your bill because you didn’t Mr. DASCHLE. We should talk about ical trial; this is in your medical best get prior approval for emergency room clinical trials and how critical they interest. treatment. are. Your bill says your physician’s med- That is absurd. That is the kind of I ask the Senator if he could inform ical determination is going to be the horror story that requires all Ameri- Members what impact it would have on controlling judgment. It isn’t going to cans to believe we must pass a Pa- an individual were he or she able to be an accountant in the HMO who says: tients’ Bill of Rights that has teeth have access to clinical trials today We don’t believe that treatment is jus- and works to solve real problems. under this bill? tified and we are not prepared to pay Isn’t it the case, with respect to Mr. KENNEDY. Senator, I will speak for it; I am making the medical judg- emergency room care, that we in this from a personal point of view. My son ment—even though I am trained as an Congress have already given all senior was 12 years old when he was diagnosed accountant. citizens in the Medicare program ex- with osteosarcoma, bone cancer. Mr. DORGAN. Will the Senator actly what is proposed in our bill with Chances of survival were 15 percent; yield? respect to emergency room treatment the mortality rate was 85 percent. We Mr. KENNEDY. I am happy to yield and poststability care? Isn’t it the case were able to enroll my son in a Na- to the Senator. that every Member of the Senate has tional Institutes of Health clinical Mr. DORGAN. The Senator is talking already voted for that in Medicare, trial, which only 22 children had gone now about specifics, and Senator saying yes, that is the right thing to through successfully. He was in that DASCHLE was asking about clinical do; but when it comes to the Patients’ program for 2 years. By the time he trials. Bill of Rights they say: We want to finished, they had more than 400 chil- Let me ask another specific. Regard- have a Patients’ Bill of Rights, but on dren taking part in that program who ing emergency room treatment. Sen- our emergency room care, we don’t in- survived osteosarcoma, with a break- ator KENNEDY makes the point there is tend to offer that protection on not through new treatment for the Patients’ Bill of Rights on this side only emergency room care but also osteosarcoma. Seven thousand children and the Patients’ Bill of Rights on that poststability care in a hospital after are affected every single year. At that side. But they are not the same. There you get out of the emergency room; we time, the loss of a leg was a matter of is a big difference. don’t intend to offer that, even though course; it is not at the present time. Let me give an example regarding we have already done that and voted There is no question that not only emergency room care. I told the story for it for Medicare patients. my son but many of the other children of a case of a woman named Jacqueline I don’t understand the contradiction; would not likely have survived had the other day. Jacqueline is a real per- does the Senator from Massachusetts? they not participated in the clinical son. She was hiking in the Shen- Mr. KENNEDY. The Senator has cor- trial. That treatment for osteosarcoma andoah. While hiking in the Shen- rectly stated the current situation. It is now the standard treatment and is andoah, she slipped and fell down a 40- isn’t only Medicare. It is also in Med- saving countless children’s lives. foot cliff. She fractured three bones in icaid, as well as the Federal Employees There are many other examples. Our her body, including her pelvis. She was Health Benefits Program. Every Sen- greatest progress in cancer research unconscious. She was medivac’ed by ator has these protections. and in treating cancer has been a di- helicopter, taken to a hospital emer- The interesting question I ask the rect result of clinical trials. gency room, and treated. She survived. Senator, if these protections were such Mr. DASCHLE. If the Senator would The HMO said: We don’t intend to burdens on the delivery system, doesn’t yield for a clarification, is the Senator pay for your emergency room treat- the Senator think he would have saying that in many cases today insur- ment because you didn’t have prior ap- heard? These protections are available ance companies and managed care or- proval to go to the emergency room. today, for those who are covered with ganizations are refusing to allow a pa- This is a woman who was uncon- Medicaid or Medicare. The other side tient access to the very kind of treat- scious. in opposition to the Daschle proposal is ment that you say your son received? The Patients’ Bill of Rights that the always saying these protections are Is that what is going on? AMA and so many other groups have burdening the system, and we can’t Mr. KENNEDY. Not only am I saying endorsed—they have written in sup- protect all Americans because it will that, but most important is that the port—is different from the bill the ma- burden the system? directors of the Lombardi Cancer Re- jority party offers in the emergency The Senator has made the correct search Center, located here in Wash- room treatment in the sense that we point. We do it today in Medicaid. We

VerDate jul 14 2003 14:17 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00053 Fmt 0686 Sfmt 0634 E:\BR99\S22JN9.001 S22JN9 June 22, 1999 CONGRESSIONAL RECORD—SENATE 13761 do it in Medicare. We do it for Federal group, the majority of Insurance Com- of America, in a completely non- employees. Most of the good HMOs do missioners are probably Republicans— partisan way. I am not interested in it. It is the bad apples that are threat- has recommended it for the States. engaging in partisan politics between ening the well-being and the health of They say, in the States, as a matter of Democrats and Republicans. What I am many of the citizens in our States good quality health care, they ought to interested in is a real discussion about whose procedures we need to address. have the provisions which are in our an issue that is absolutely critically Mr. DORGAN. I will respond, if the Patients’ Bill of Rights. As the Sen- important to the people of this country Senator will yield to me further, with ators have pointed out, it has been in- and the people of North Carolina. Let the story I told on the floor of the Sen- cluded in Medicare. me talk briefly about one aspect of the ate, about the woman who was also in- So this proposal, which was offered Patients’ Bill of Rights that I think is jured, whose brain was swelling and and defeated in the Health, Education, so important. who was in an ambulance being taken Labor and Pensions Committee, should Imagine there is a 29-year-old woman to a hospital and who said to the ambu- be a matter where we have an oppor- who lives in the Research Triangle of lance driver, I do not want to go to X tunity to present it and let the Senate North Carolina which is between Ra- hospital. She named the hospital. I make a judgment. As I mentioned, it leigh-Durham and Chapel Hill, between want to go to Y hospital farther down has been recommended by the non- Duke University Medical School and the road. This woman lying in the back partisan commission. It has been rec- the University of North Carolina Med- of an ambulance with a brain injury ommended by the independent insur- ical School. Let’s assume she is the said: I want to go to the hospital far- ance commissioners. It is in Medicare. mother of two children, having re- ther away. Why did she say that? Be- We would like to hear on the floor of cently had a young child, born 6 cause she read that the hospital that the Senate those individuals who are months ago. She goes in for a was closest had made decisions about opposed, those individuals who say no postpartum checkup after the birth of patients’ care that were more a func- to this particular protection. That is her child, and the doctor looks at a tion of corporate profit and loss than the kind of protection that is included mole on her back that seems sus- they were about health care, and she in the Daschle proposal, which is of picious. After some further testing, it did not want, with a brain injury, to be such importance. is confirmed that her and her family’s wheeled into the emergency room with Mr. President, I see others want to worst nightmare is true; she has a the notion somebody was going to look speak on this proposal. melanoma. at her and make a dollar-and-cents de- In looking down this list of protec- After they do further investigation, cision about her health care. tions, you can ask yourselves: Where they determine there are clinical trials Mr. DASCHLE. If the Senator will do these protections really come from? going on at Duke University Medical yield on that point, I would like to As I mentioned, the protections we Center, just down the road from where comment. I think what he has noted is have put into the Daschle proposal are she and her family live, which could exactly another reason why it is so im- effectively the ones supported by the provide lifesaving treatment for her portant for us to have a debate about President’s commission, the American condition. So she goes to her HMO and access to emergency rooms and other Association for Health Plans, and the says: I want to be part of this; I want necessary care. Insurance Commissioners. It is in to make sure I have access to the best I would note that just the opposite of Medicare. It is working, and it is work- health care available. Literally, her what the Senator describes oftentimes ing effectively. We do not have exam- life is as stake. She finds out from her occurs. A managed care company, or an ples that protecting those under Medi- HMO, unfortunately, that Duke is not HMO, actually will make you drive part of the network of her HMO. So, as past the nearest hospital to go to a care is a burden, and I do not think hospital farther away, where they have those who are opposed to that par- a result, treatment for her melanoma, a contract. ticular proposal can make an effective which is so critically needed, is not Sometimes a patient will choose not case in opposition to this provision. available. to use the nearest hospital, for a lot of I will take the time later to mention Here we have a situation where a reasons—better care, preferred special- two or three more protections. Vir- simple thing is true. An HMO system, a ists, different services. A patient may tually every one of these protections is health insurance system, a health in- want to go farther away. But, in many either part of a recommendation from surance company, should not be able to cases, maybe a preponderance of cases, the President’s commission, part of the stand between this woman and the life- they actually have to drive past hos- recommendations of the American As- saving medical treatment she so badly pitals to go to the hospital the HMO sociation of Health Plans, rec- needs and her family so badly needs for has chosen, rather than the one they ommended by the state Insurance Com- her. A real Patients’ Bill of Rights would choose for themselves. missioners, or is being implemented would ensure that someone in her con- Again, I think the Senator makes a and protecting persons covered under dition would have access to the best very good point. Medicare. specialty care available, whether or Mr. KENNEDY. May I just make this These are commonsense proposals. not that care is within or without her point? Access to emergency care, which They are not protections we have sud- HMO network. It would ensure, in my is carefully protected in the leader’s denly grabbed from some way-out orga- example, that she could, in fact, go 15 legislation, does the leader know that nization or group. They are fundamen- miles down the road to Duke Univer- the provisions in his legislation were tally rooted in sound health care prac- sity Medical Center and get the treat- almost unanimously supported in the tices. That is the case we want to bring ment that may well save her life—the President’s Commission on Quality to the floor of the Senate. life of a mother and a wife. Care? The one exception is the Presi- I see my colleague and friend on the This is the kind of thing we need to dent’s Commission did not make the floor now, wishing to speak. I will be be doing something about in the Pa- recommendation that it be put in law, back to address the Senate shortly. tients’ Bill of Rights. She should not be although they said every quality The PRESIDING OFFICER (Mr. BEN- confronted with an obstacle course in health maintenance organization ought NETT). The Senator from North Caro- order to get the treatment she needs to have it. lina. and deserves. She needs to have ready, Second, the American Association of Mr. EDWARDS. Mr. President, I direct access to the care she obviously Health Plans has recommended it. thank my colleague from Massachu- needs under these circumstances. That They do not mandate it, but they rec- setts. First, on this issue of the Pa- was an illustration. ommend it, saying it is essential in tients’ Bill of Rights, I ran for the Sen- I want to talk, secondly, about a providing care. ate in part so I could address this issue, real-life example. We received a phone The National Association of Insur- which is of critical importance to the call in my office from a young man ance Commissioners—not a Democratic people of North Carolina and the people who lives in Cary, NC, which is just

VerDate jul 14 2003 14:17 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00054 Fmt 0686 Sfmt 0634 E:\BR99\S22JN9.001 S22JN9 13762 CONGRESSIONAL RECORD—SENATE June 22, 1999 outside of Raleigh. His name is Steve He has called my office and said: I Regardless of his individual situation, Grissom. Fifteen years ago, Steve want to come to Washington. I want to regardless of the fact that the doctors Grissom was diagnosed with leukemia. testify. I want to talk to Members of who were responsible for treating him, The truth is, for most people, that the Senate, Members of the Congress. I who are highly trained, highly special- would be an extraordinary life-altering want to tell them about the problem I ized experts at Duke University Med- and devastating thing to have occur. am having getting any continuity of ical Center, had said he needs this Unfortunately, that is not the end of care which I so desperately need. treatment, they rejected it. They made the problem for Steve Grissom. The truth of the matter is, what the decision that no longer would he In 1985, because of his leukemia, he Steve Grissom is doing is he is fighting receive this oxygen, and they would was required to have a blood trans- in every way he knows how to cease not pay for it anymore. fusion. Most folks who are listening to being a statistic, to stop being a name I cannot help but believe the major- this story probably know where it is and a number on a piece of paper on ity of Americans think that what has headed. As a result of this blood trans- somebody’s desk sitting in an insur- been done to Steve Grissom is wrong; fusion, which he had to get because of ance company office. that the courage he has shown in the his leukemia, he now has AIDS. He got He is an extraordinary example of face of extraordinary adversity is AIDS as a result of the blood trans- heroism. He is the kind of person whom something that should be admired and fusion. I think most of us would hold up to our looked up to. He is absolutely entitled With the onset of AIDS, he had mul- children and members of our family as to the benefit of the doubt, to the ex- tiple medical problems. Included what we hope they will be when content there is any doubt, that a spe- among those medical problems was the fronted with extraordinary, difficult cialist at Duke University has deter- development of something called pul- setbacks. mined that he is entitled to this treat- monary hypertension which made it He fought back. He got the blood ment that he so desperately needs. very difficult for him to breathe. The transfusion he needed in 1985. When he Mr. KENNEDY. Will the Senator doctors who treated him prescribed ox- was then confronted with something yield for a question? ygen 24 hours a day, 7 days a week to that would absolutely overcome most Mr. EDWARDS. Yes. help him maintain his oxygen level. people, which is AIDS as a result of the Mr. KENNEDY. Given that this pa- This prescription was made by a pul- blood transfusion, he continued to do tient is denied the treatment that can monary specialist at Duke University, everything in his power to get the make all the difference in restoring his something that was clearly needed to treatment he needed and go forward health or well-being, and given that we save his life. with his life. have heard examples where, as a result He was doing fine. Then his employer When he was on oxygen 24 hours a of denying that treatment, a decision changed health care companies, unbe- day, 7 days a week just to stay alive made by the health maintenance orga- knownst to him. When the new HMO and his employer changed HMOs and nization despite the recommendations took over, they cut off payment for the they cut off payment for the treatment of the medical professional—can the oxygen that Steve had been dependent that kept him alive, he continued to Senator tell me the remedies avail- on for a long time now—24 hours a day, fight. Here is the most extraordinary able? What remedies are available to a 7 days a week. thing about it. Not only has he contin- Let me tell you how that decision family whose loved one dies or whose ued to fight, not only has he expressed was made. It was not made by some loved one sustains a permanent injury medical doctor who examined Steve a willingness to come and talk to Mem- because a judgment was made by the and decided he did not need this treat- bers of the Senate, to testify before insurance company or the HMO, in con- ment. It was not made by a specialist this Congress about what he has been flict with the recommendation by the who had a different opinion than the confronted with, there is absolutely no treating doctor. What remedy is avail- pulmonary specialist at Duke Univer- bitterness in this man. He has been able to that family that loses its bread- sity. Instead it was made by a clerical/ kind and gracious. He has said: I want winner or has to care for an individual bureaucratic person at the HMO sitting to do everything I can to ensure that who is permanently injured for the rest behind a desk looking at papers. The what has happened to me does not hap- of their life? What remedy is available conclusion that person came to was pen to other Americans, does not hap- for the family who loses a loved one that his oxygen saturation levels were pen to other North Carolinians. I want due to the negligence or the clear mal- not sufficiently low under their cri- to explain to Members of Congress why feasance of the insurance company or teria to justify him receiving oxygen 24 it is so critically important that we the HMO? hours a day, 7 days a week, even pass a meaningful Patients’ Bill of Mr. EDWARDS. The Senator’s ques- though the most highly trained med- Rights, one that will protect people tion highlights an enormous problem ical specialist in the area at Duke Uni- who are confronted with the kind of in existing law and a problem that we versity Hospital had prescribed this ox- situation with which I am confronted. are trying to desperately cure in this ygen for him. He said it was lifesaving, The truth of the matter is, it is ex- Patients’ Bill of Rights. absolutely critical. traordinary that he is still alive. He Under the circumstance I have just The result of all this was basically an continues to be a huge part of his fam- described, if something happens to insurance company bureaucrat sitting ily’s life. He is, by any measure, a hero. Steve Grissom, i.e., he suffers more se- behind a desk overrode a doctor who But to the insurance company, Steve rious injury or dies as a result of an ar- has spent his life in this area, who had Grissom is a liability. He is somebody bitrary decision made by an insurance become one of the best known pul- who costs $515 a month to pay for the company bureaucrat, if that occurs, monary specialists in the country at oxygen that is needed to keep him first of all, under the existing law, that Duke University, who had prescribed alive. HMO and that bureaucrat cannot in this oxygen therapy for Steve. Here is The reality is that they made the de- any way be held responsible. They are a man who has been confronted with cision about Steve Grissom for the totally immune to responsibility, un- extraordinary setbacks in his life, the same reason that HMOs and health in- like every other American—you, I, any kinds of things that would put most of surance companies make these deci- other American—who could be held ac- us under the ground. sions all across the country, affecting countable in court for that decision. Here is the extraordinary thing about children and adults and families all They are totally immune from respon- Steve Grissom. He has continued to over this country every day. They did sibility. They are protected. fight. Even though his health insur- it based on the bottom line—profits. As a result, they only have one in- ance company now says they will not They had established an arbitrary cri- centive for what they do, and that in- pay for the care he needs, he has man- teria for what was necessary for some- centive is the green dollar bill, the aged to pay out of his own pocket for body in Steve’s situation to get oxygen profit, the bottom line. It is the only as much of this care as he can get. therapy and treatment that he needed. thing that matters to them. That is the

VerDate jul 14 2003 14:17 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00055 Fmt 0686 Sfmt 0634 E:\BR99\S22JN9.001 S22JN9 June 22, 1999 CONGRESSIONAL RECORD—SENATE 13763 basis on which these decisions are Senator would agree with Justice Wil- of that program with the kind of pro- made. liam Young, a Federal judge on the tections that are supported by the Sen- Not only that, not only can they not Federal bench in Massachusetts, who ator. be held accountable in court, I say to was appointed by President Ronald What they have found out—we will the Senator, there is not even an inde- Reagan, who said, after a very tragic have a chance to get into this, hope- pendent review board that can look at case—and I will not review all of the fully, at the time we get a debate on this decision that has been made and facts here, but it was quite clear that it—is that the cost of that whole pro- determine whether it is unfair, whether there was responsibility by the insur- gram has not increased as much as the it is unjust, and whether it is medi- ance companies; and it will be self-evi- increase in health insurance nation- cally unsound. dent in his quote; and there was a real wide, or even in the programs in Cali- So basically, Steve Grissom and his injustice done—this is what Judge Wil- fornia that do not have that protec- family, in this life-threatening situa- liam Young, appointed by President tion. tion, are confronted with a cir- Reagan, who prior to the time he Do you want to know why, Senator, I cumstance where they have no remedy served on the bench was a Republican, believe that is so? For the same reason at all. They can do absolutely nothing. said: we had the expert witnesses who ap- Does that answer the Senator’s ques- Disturbing to this Court is the failure of peared before Senator SPECTER’s Ap- tion? Congress to amend a statute that, due to the propriations Committee; and that is, Mr. KENNEDY. Further, is the Sen- changing realities of the modern health care because the HMOs take more time and ator suggesting that this is the only system, has gone conspicuously awry from attention to make sure the patients area in civil law that a remedy is real- its original intent. This Court has no choice are going to get better kinds of health ly being denied on the basis of real neg- but to pluck the case out of State court . . . care and health care coverage. That ba- ligence, malfeasance? Are these the and then, at the behest of Travelers [Insur- ance Company]— sically means they are able to get a only companies in America that have That is effectively the culprit— better handle on the cost. this sort of privileged position of being So it makes a major difference in free from what I think most Americans slam the courthouse door in [the wife’s] face and leave her without any remedy. ERISA terms of the quality of health care, and would understand as accountability? Is has evolved into a shield of immunity that it makes a major difference in terms of that what the Senator is suggesting? protects health insurers . . . from potential the protections of individuals. Mr. EDWARDS. That is exactly what liability for the consequences of their wrong- I thank the Senator for his response. I am suggesting, I say to the Senator. ful denial of health benefits. Mr. SCHUMER. Would the Senator I add, anecdotally, one of the things That is the statement from the bench from North Carolina yield for a ques- that the Senator knows, I have come of a distinguished Federal judge who tion? from 20 years of having represented came down and eventually effectively Mr. EDWARDS. Yes. folks in court cases. One of the ques- testified about the injustice of this pro- Mr. SCHUMER. I thank the Senator. tions we always ask jurors in the proc- vision. As I understand it, the Daschle I have been very impressed with what ess of jury selection is: Do you believe proposal addresses that inequity and he has said. As the Senator knows, I everyone should be treated exactly the unfairness, which the Senator has out- have been advocating the Patients’ Bill same in this courtroom? Universally, lined. of Rights for quite a while. Just this the answer is yes. Because the Amer- Mr. EDWARDS. May I respond to week I had traveled to different parts ican people are fairminded. They be- that briefly, I say to Senator KENNEDY? of my State—to Long Island, to New lieve everyone should be treated equal- I would ask for a comment from you York City, to Syracuse, to Rochester. ly, everyone should be treated the on this issue. In terms of talking to Everywhere I went, I found an amazing same. They believe in both personal your constituents in Massachusetts, thing: The providers, the doctors, in- and corporate responsibility, that ev- can you tell me what response you cluding the medical society, the AMA, erybody ought to be held accountable have gotten, including from health the nurses, the hospitals are allied for what they do or do not do—the very care providers, on the issue of whether with the patients. Usually they are at same way we teach our children they it is important to them, No. 1, that loggerheads. But they were allied to- should be held accountable for what there be an independent review board gether in asking for a real Patients’ they do or do not do. so when folks’ claims are denied, they Bill of Rights, not a Patients’ Bill of Instead, under existing law in this have some ready process to use to get Rights in name only. country, we have decided HMOs and relief, and, secondly, whether they be- We do not want to go through put- health insurance companies are privi- lieve it is fair for HMOs and health in- ting something on the floor that says: leged characters. They get treated in a surance companies to be treated com- Patients’ Bill of Rights, and does not way that no other American business is pletely differently than every other protect patients. We are worried about treated, that no other American cit- segment of American society? that. izen—the people who are listening to Mr. KENNEDY. As the Senator The reason I think we want an open this debate—is treated. They are held knows, they have independent review. debate and not just: Well, here is your responsible for what they do. We have it under the Medicare pro- version; we will vote for it. Here is our But for some reason, under the law, posal. It works. It works very effec- version; we will vote it down. We are unless and until we are able to change tively. It works pretty well. It is some- finished with the Patients’ Bill of it, HMOs and health insurance compa- what different in scope than was in- Rights—we do not want that because nies are treated in a very privileged cluded in the Daschle proposal. I favor we do not want to be able to just go way. They cannot be held responsible this one here, but there is an inde- home and say we passed something and for what they do. Unfortunately, that pendent review. But not only in that then 3 months from now the very same has enormous consequences for people, measure, we have some 23 million doctors, and others, will say: It doesn’t for families, and for children. The con- Americans who are working for State do any good. You didn’t do anything. sequence is they have no reason to do and local governments that have the We went through this on guns. We anything other than the profit motiva- kind of protection that is favored in were going to pass something in this tion, and the bottom line, which is the the Daschle proposal, and it is working body that did absolutely nothing. Then dollar. That is one of the problems we very effectively. the very same people who say the gun are working desperately to cure in our One of the very important programs laws do not work, or who tried to crip- Patients’ Bill of Rights. that has the kind of protections the ple and emasculate the provisions we Mr. KENNEDY. Finally—because I Senator has favored and that I favor is passed, said the laws do not work. see others on the floor; and this issue is what they call the Calpurse Program in So the question I ask is—here are going to be addressed in the Daschle the State of California, which has well some examples of inequities that I proposal—I am wondering whether the over a million individuals who are part have come across. I just would like to

VerDate jul 14 2003 14:17 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00056 Fmt 0686 Sfmt 0634 E:\BR99\S22JN9.002 S22JN9 13764 CONGRESSIONAL RECORD—SENATE June 22, 1999 ask the Senator from North Carolina if treatment and research in the world in to be voted on immediately. Then we he thinks the Patients’ Bill of Rights this country if folks can’t get to it. worked together on this side of the would help in these instances; and they Folks have to be able to have access to aisle and worked up a bill that we find are just amazing. the high-quality medical care that is is superior to theirs in many respects, One, an HMO denies high-dose chem- constantly advancing on a daily basis which I will talk about later, and all of otherapy for a man with lung and brain in medical centers throughout this a sudden they didn’t want to bring it cancer, stating it is experimental. country, including medical centers in up without 100 amendments. We could What was the HMO’s solution? The my home State, including Duke Uni- not get a time agreement to get to the claim agent told his family to get in versity Medical Center, University of bill. Even though some of the things touch with organizations that have North Carolina, Bowman Grey, and sound quite dramatic and wonderful, fundraisers for patients denied HMO East Carolina University. when we analyze them, we find that in coverage. Can you imagine the gall of We have great medical centers in many respects we believe the major- that? A man is dying of cancer. They North Carolina. But those folks and ity’s bill is superior. find a solution that might work. There the care they can provide do no good First of all, the Patients’ Bill of is finally some hope in the family. Not whatsoever if they can’t provide the Rights Act addresses those areas of only does the HMO say, no, we won’t treatment to the patients. That is health care quality on which there is a pay for it, but at the same time they where health insurance companies, broad consensus. It is solid legislation say go have some fundraisers while the HMOs, stand as a roadblock between that will result in a greatly improved person has cancer. How about this the doctors and the health care pro- health care system for all Americans. one—— viders who are spending their lives de- The Committee on Health, Edu- Mr. DURBIN. I ask, if I might, will veloping these lifesaving treatments cation, Labor, and Pensions has been the Senator from North Carolina yield and the patients who so desperately long dedicated to action in order to im- to me? need them. prove the quality of health care. Our The PRESIDING OFFICER (Mr. GOR- Steve Grissom, the gentlemen I de- commitment to developing appropriate TON). The Senator from North Carolina scribed with leukemia and AIDS, is a managed care standards has been dem- has the floor. perfect example. There are heroes all onstrated by the 17 additional hearings Mr. DURBIN. Will the Senator yield over this country, all over North Caro- related to health care quality. And for the purpose of a unanimous consent lina, who are standing up and fighting Senator FRIST’s Public Health and request? battles against health problems that Safety Subcommittee held three hear- Mr. EDWARDS. Yes. are critical to them and their families. ings on the work of the Agency for UNANIMOUS CONSENT REQUEST We have to give them direct access to Health Care Policy and Research Mr. DURBIN. Mr. President, I ask the treatment and care that can save (AHCPR). unanimous consent that the remaining their lives and change the lives of their Each of these hearings helped us in 65 minutes of debate before the vote at families. developing the separate pieces of legis- 5:45 on the motion to table be divided It is very simple. The bottom line is lation that are reflected in our Pa- as follows: 40 minutes under the con- this: Patients, not profits, should be tients’ Bill of Rights Act. trol of Senator NICKLES on the Repub- the bottom line in health care. That is People need to know what their plan lican side and 25 minutes under the what this Patients’ Bill of Rights is will cover and how they will get their control of Senator KENNEDY on the about. We simply want an opportunity health care. The Patients’ Bill of Democratic side. to talk about it to our colleagues, Rights requires full disclosure by an The PRESIDING OFFICER. Is there whom we respect, on the floor of the employer about the health plans it of- objection? Senate, to talk about it to the Amer- fers to employees. Without objection, it is so ordered. ican people. And I am telling you, the Patients also need to know how ad- Mr. KENNEDY. I yield 5 more min- American people in their gut know verse decisions by a plan can be ap- utes to the Senator from North Caro- that this is something that needs to be pealed, both internally and externally, lina. passed, needs to be done, and that to an independent medical reviewer. Mr. EDWARDS. I thank the Senator. health insurance companies and HMOs That is a critical difference. We empha- I will conclude my remarks. The point absolutely should not stand between size good health care. Under our bill I make is so important, which is that children and families and the health the reviewer’s decision will be binding this is not a partisan debate. This is care that, in many cases, can save on the health plan. However, the pa- not a debate and should not be a debate their lives. tient will maintain his or her current between Democrats and Republicans. I With that, I yield the floor. rights to go to court. Timely utiliza- didn’t come to the Senate to fight with Mr. NICKLES addressed the Chair. tion decisions and a defined process for my Republican colleagues. I came to The PRESIDING OFFICER. The Sen- appealing such decisions are the keys the Senate to represent the people of ator from Oklahoma is recognized. to restoring trust in the health care North Carolina—Republicans, Demo- Mr. NICKLES. Mr. President, I appre- system. crats, Independents, whatever their ciate the accommodation and coopera- Our legislation also provides Ameri- politics. We desperately need to talk tion by my friend and colleague, Sen- cans covered by health insurance with about the specific provisions of a real, ator DURBIN from Illinois. There are new rights to prevent discrimination substantive, meaningful Patients’ Bill several on this side who wish to speak based on predictive genetic informa- of Rights. That is what needs to hap- on this issue as well. We have been tion. pen. That is the reason we are on the wanting to speak for about the last It ensures that medical decisions are floor today talking about this amend- hour. made by physicians in consultation ment. It is the reason this amendment I yield to the Senator from Vermont with their patients and are based on has been attached to the agriculture for 10 minutes. the best scientific evidence. And it pro- appropriations bill. The PRESIDING OFFICER. The Sen- vides a stronger emphasis on quality We need desperately to talk about ator from Vermont is recognized. improvement in our health care system these issues because they are so criti- Mr. JEFFORDS. Mr. President, this with a refocused role for AHCPR. cally important to the people of my is an important time for America to The other bill uses the generally ac- State—all of the people of my State— listen to this debate because the lives cepted practice in the area which can and they are important to all Ameri- and health of individuals throughout deviate very strongly from best medi- cans. We have to make sure that folks this Nation are at stake. It is inter- cine. We give you best medicine. have direct access to specialty care. It esting to note, looking back to last Some believe that the answer to im- does absolutely no good for us to have year when the Democratic proposal proving our nation’s health care qual- the most advanced medical care and came forward, at first they wanted it ity is to allow greater access to the

VerDate jul 14 2003 14:17 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00057 Fmt 0686 Sfmt 0634 E:\BR99\S22JN9.002 S22JN9 June 22, 1999 CONGRESSIONAL RECORD—SENATE 13765 tort system. However, you simply can- coverage because of the increased cost, they are prescribed health plans, the not sue your way to better health. We that is not the way we ought to go. doctors are liable. believe that patients must get the care The Congressional Budget Office Our goal is to give Americans the they need when they need it, not just (CBO) pegged the cost of the Demo- protections they want and need in a after they go to court in a lawsuit to cratic bill at six times higher than S. package that they can afford and that repair the damage. 326. Based on our best estimates, pas- we can enact. In the ‘‘Patients’ Bill of Rights,’’ we sage of the Democratic bill would re- This is why I hope the Patients’ Bill make sure each patient is afforded sult in a loss of coverage for over 1.5 of Rights that we are offering today every opportunity to have the right million working Americans and their will be enacted and signed into law by treatment decision made by health families. To put this in perspective, the President. care professionals. In the event that this would mean that would have their I believe very strongly that the ad- does occur, patients have the recourse family’s coverage canceled under the vantages we get, especially that we re- of pursuing an outside appeal. Preven- Democratic bill. quire, the standard of best medicine, tion, not litigation, is the best medi- Mr. KENNEDY. Mr. President, will and not just the medicine that is gen- cine. the Senator yield on that point? erally used in the area is by far a much Our bill creates new, enforceable Mr. JEFFORDS. On the Senator’s better protection for the people we are Federal health care standards to cover time? trying to protect—the patients—than those 48 million of the 124 million Mr. KENNEDY. On my time. the Democrat’s Patient’s Bill of Americans covered by employer-spon- Mr. JEFFORDS. Yes. Rights. Mr. President, I yield the floor. sored plans. These are the very same Mr. KENNEDY. The Senator has re- people that the States, through their ferred to the loss in terms of coverage EXHIBIT 1 regulation of private health insurance by the General Accounting Office. Will GENERAL ACCOUNTING OFFICE, companies, cannot protect. the Senator share that letter which al- HEALTH, EDUCATION AND HUMAN legedly reached that conclusion? Will SERVICES DIVISION, What are these standards? They in- Washington, DC, July 7, 1998. clude: a prudent layperson standard for the Senator put that in the RECORD at this time so we have a full statement Subject: Private Health Insurance: Impact of emergency care; a mandatory point of Premium Increases on the Number of service option; direct access to OB/ of the General Accounting Office rath- Covered Individuals Is Uncertain GYNs and pediatricians; continuity of er than just using the figure that the Hon. JAMES M. JEFFORDS, care; a prohibition on gag rules; access Senator used? Will the Senator make Chairman, Committee on Labor and Human Re- to Medication; access to Specialists; that whole letter a part of the RECORD? sources, U.S. Senate. and self-pay for behavioral health. Mr. JEFFORDS. I would be happy to DEAR MR. CHAIRMAN: Almost 150 million It would be inappropriate to set Fed- make that a part of the RECORD, yes. individuals obtained health insurance I ask unanimous consent that the through the workplace in 1996, either eral health insurance standards that through their own employment or the em- duplicate the responsibility of the 50 letter be printed in the RECORD at the ployment of a family member. During the State insurance departments. As the conclusion of my remarks. last several years, an increasing number of National Association of Insurance The PRESIDING OFFICER. Without individuals with employer-sponsored insur- Commissioners, put it: ‘‘(w)e do not objection, it is so ordered. ance have enrolled in some form of managed want States to be preempted by Con- (See Exhibit 1.) care rather than in fee-for-service plans. Re- gressional or administrative ac Mr. JEFFORDS. Let me repeat that. cently, concerns have grown regarding the tions. . . . Congress should focus atten- Adoption of the Democratic approach ways in which some managed care plans op- would cancel the insurance policies of erate and the adequacy of information tion on those consumers who have no shared between each plan, its providers, and protections in self-funded ERISA almost a million and half Americans. I its members. plans.’’ cannot support legislation that would In response to these concerns, several leg- Senator KENNEDY’s approach would result in the loss of health insurance islative proposals have been made to require set health insurance standards that du- coverage for a population the size cov- health insurance plans to adopt specified plicate the responsibility of the 50 ered in the combined states of operational practices. The proposals apply to Vermont, Delaware, South Dakota, and all types of plans, but would likely have State insurance departments. Worse their greatest impact on health maintenance yet, it would mandate that the Health Wyoming. organizations (HMO). Other types of plans, Care Financing Administration (HCFA) Fortunately, we can provide the key such as preferred provider organizations enforce them if a State decides not to protections that consumers want at a (PPO) and indemnity, or fee-for-service, adopt them. minimal cost and without disruption of plans, will likely be affected to a lesser de- Those of us who have been involved coverage—if we apply these protections gree. Included in various proposals are re- with this know what happened during responsibly and where they are needed. quirements, for example, to disclose certain 1 the recent past when the HIPAA bill In sharp contrast to the Democratic information, guarantee patient access to alternative, our bill would actually in- emergency and specialty services, implement was passed on to HCFA. It was a mess. internal and external grievance policies, Almost nothing was getting done. crease coverage. With the additional of guarantee freedom of communication be- HCFA cannot even keep up with its the Tax Code provisions to S. 326, the tween providers and patients, and eliminate current responsibilities. This past re- Patients’ Bill of Rights Act, our bill al- the Employee Retirement Income Security cess Senator LEAHY and I held a meet- lows for the full deduction of health in- Act of 1974 (ERISA) restrictions on health ing in Vermont to let New England surance for the self-employed, the full plan liability. home health providers meet with availability of medical savings ac- However, some lawmakers are concerned counts and the carryover of unused that these types of mandates could increase HCFA. It was a packed and angry the cost of health insurance and have the un- house, with providers traveling from benefits from flexible spending ac- intended consequence of reducing the num- New Hampshire, Massachusetts, and counts. With the new Patients’ Bill of ber of individuals covered by private health Connecticut. Rights Plus Act we provide Americans insurance. It is in no one’s best interest to build with greater choice to more affordable This letter responds to your request for in- a dual system of overlapping State and health insurance. formation on the relationship between the Federal health insurance regulation. S. 326, the Patients’ Bill of Rights amount charged for private health insurance Increasing health insurance pre- Act, provides necessary consumer pro- and the number of insured individuals. You also asked us to analyze the basis for a wide- miums causes significant losses in cov- tections without adding significant ly cited statistic from the Lewin Group, a erage. new costs; without increasing litiga- private research and consulting organiza- This is the main difference. You can tion; and without micro-managing tion, that the number of insured individuals promise a lot of things when you try to health plans. do them. But if the result of what you I also point out that under the law a 1 Footnotes at end of Report. (Figure not reproduc- do is that up to 1 million people lose doctor is still open to suit. Although ible in RECORD.)

VerDate jul 14 2003 14:17 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00058 Fmt 0686 Sfmt 0634 E:\BR99\S22JN9.002 S22JN9 13766 CONGRESSIONAL RECORD—SENATE June 22, 1999 would fall by 400,000 for every 1-percent in- contributed to the fall in the acceptance how much employees pay for insurance and crease in health insurance premiums. Spe- rate. the probability that they, their spouses, and cifically, we (1) examined the trends in em- In November, 1997, the Lewin Group used their dependent children have employer- ployers’ decisions to offer insurance and em- published studies to estimate that 400,000 sponsored health insurance. However, it is ployees’ decisions to purchase it, (2) assessed fewer individuals would have health insur- unclear how accurately the Lewin Group was the methodology used by the Lewin Group to ance coverage for every 1 percent increase in able to measure the price paid by the indi- support its 400,000 coverage loss estimate, (3) insurance premiums.6 Several of these stud- viduals in its sample. Moreover, the new es- assessed the methodology used by the Lewin ies had sought to quantify the impact of sub- timate applies to situations in which pre- Group to produce its most recent estimates, sidized insurance premiums on the increase miums for all insurance types increase, on and (4) evaluated conditions or factors that in the number of employers offering insur- average, by 1 percent. If premiums increase could affect the impact of premium increases ance. The Lewin Group concluded from these by 1 percent only for some insurance types on insurance coverage. To conduct our studies that a 1-percent decrease in pre- (for example, HMOs), then the coverage loss study, we reviewed relevant published re- miums would likely induce an additional 0.4 predicted by the Lewin Group would be less search. We also evaluated the applicability percent of employers to offer insurance. It than 300,000. of the Lewin Group’s estimates given the then assumed that an increase in premiums Because many factors can affect the num- data, methods, and assumptions it used to might cause a similar percentage of firms to ber of individuals covered by private insur- produce its estimates. We performed our drop health insurance coverage and cause ance, it is difficult to predict the impact of work between May 1998 and June 1998 in ac- 400,000 individuals to be without coverage. an increase in insurance premiums. For ex- The findings of more recent studies, how- cordance with generally accepted govern- ample, new mandates may increase pre- ever, call into question the basis for the ment auditing standards. miums but may also change individuals’ Lewin Group’s estimate. Although these willingness to purchase insurance. Individ- In summary, during a period of rising studies did not quantify the relationship be- uals may not mind paying higher premiums health insurance premiums, the proportion tween premium increases and changes in the if they like the changes brought about by of employees offered coverage rose, while the number of employees with coverage, they the mandates. The extent to which employ- share that accepted insurance fell. Between clearly show that employers generally con- ers pass on premium increases to employees 1988 and 1996, health insurance premiums in- tinued to offer insurance during a period of also can affect coverage by influencing em- creased, on average, by approximately 8 per- rising premiums but that fewer employees ployees’ purchasing decisions. Another im- cent per year.2 During roughly the same pe- decided to purchase coverage. The estimate portant determinant is the extent to which riod, 1987 to 1996, the proportion of workers also assumes equal premium increases for all employees switch from plans with high pre- who were offered insurance by their employ- types of insurance products. If new federal mium increases to plans with no or low pre- ers rose from 72.4 percent to 75.4 percent, ac- mandates primarily affect HMO premiums, mium increases, or to less expensive plans cording to one recent study.3 The same study some employees may switch to other types with more limited benefits. Finally, changes found that the proportion of workers who ac- of insurance—especially insurance with dif- in other economic factors, such as income, or cepted coverage, however, fell from 88.3 per- ferent benefit packages—instead of dropping changes in public insurance program eligi- cent to 80.1 percent. This may be because coverage entirely. Thus, the Lewin Group’s bility requirements can affect the number of employers required employees to pay a larg- estimate may not be a good predictor of the individuals with private health insurance. er share of the premiums.4 In 1988, employees coverage loss that might be caused by new in small firms (fewer than 200 workers) paid federal mandates. BACKGROUND an average of 12 percent of single-coverage In January 1998, the Lewin Group lowered Between 1995 and 1997, real health insur- premiums. Employees in large firms paid its estimate of potential coverage losses by ance premiums (adjusted for inflation) re- about 13 percent.5 By 1996, the employee about 25 percent.7 It now estimates that a 1- mained nearly constant or fell slightly share had risen to 33 percent in small firms percent premium increase could result in ap- across all plan types. (See table 1.) This rep- and 22 percent in large firms. Other factors, proximately 300,000 fewer individuals being resents a sharp decline from the previous 5 such as decreases in some workers’ real in- covered by private insurance. The new esti- years, in which inflation-adjusted growth comes, Medicaid-eligibility expansions, and mate is based on the Lewin Group’s statis- was as high as 11.6 percent for indemnity changes in benefit generosity, also may have tical analysis of the relationship between plans and 10.6 percent for HMO plans in 1990. TABLE 1.—PERCENTAGE OF REAL ANNUAL GROWTH IN PREMIUMS BY TYPE OF HEALTH PLAN, 1990–97

Plan type 1990 1991 1992 1993 1994 1995 1996 1997

Indemnity ...... 11.6 7.8 8.0 5.5 2.5 ¥0.1 ¥1.8 0.3 PPO ...... 9.6 5.9 7.6 5.2 0.6 0.7 ¥2.4 ¥0.2 HMO ...... 10.6 7.9 6.8 5.3 2.7 ¥2.4 ¥3.4 ¥0.3 Sources: GAO calculations based on data from KPMG Peat Marwick (1991–97); Health Insurance Association of America (1990), and Bureau of Labor Statistics Consumer Price Index. Includes employer and employee shares of premiums for workers in private firms with at least 200 employees.

About 70 percent of the population under study 9 found that the fraction of workers of- greater percentage of employers offered in- age 65 was covered by health insurance pur- fered insurance by their employers grew surance, the acceptance rate fell to such an chased through an employer or union, or slightly, from 72.4 percent to 75.4 percent. extent that a smaller proportion of workers purchased privately as an individual in 1996, The proportion of workers who had access to was covered by employer-sponsored insur- according to Current Population Survey employer-sponsored insurance, either ance in 1996 compared with 1997. (CPS) data. About 12 percent was covered by through their own job or the job of a family The fall in the acceptance rate may be at- Medicare, Medicaid, or the Civilian Health member, remained essentially constant at tributable partly to required increases in and Medical Program of the Uniformed Serv- about 82 percent. Another study10 reported employees’ insurance premium contribu- ices (CHAMPUS), and about 18 percent was that the fraction of small firms (those with tions. One study found that employees in uninsured. From 1989 to 1996, the percentage fewer than 200 employees) offering insurance small firms paid an average of 12 percent of of the population covered by employer-spon- coverage grew from 46 percent in 1989 to 49 single coverage premiums in 1988 and em- 11 sored, union-sponsored, or individual insur- percent in 1996. The study also found that 99 ployees in large firms paid 13 percent. In ance 8 decreased slightly, but these options percent of large firms offered insurance in 1996, the employee share had risen to 33 per- still remained a dominant source of coverage 1996. cent in small firms and 22 percent in large for people under age 65. (See fig. 1.) During Fewer workers, however, are choosing to firms. According to the Lewin Group, the accept employer-sponsored coverage for combined effect of the increase in premiums the same period, the proportion of the popu- themselves or their dependents. In 1987, 88.3 and the increase in the employees’ share of lation covered by Medicaid and the propor- percent of workers accepted coverage when those premiums resulted in workers paying tion without insurance both increased. their employers offered it. In 1996, only 80.1 189 percent more in real terms for single cov- MORE WORKERS WERE OFFERED INSURANCE, BUT percent of workers accepted coverage. The erage and 85 percent more in real terms for FEWER ACCEPTED COVERAGE AS PREMIUMS IN- fall in the acceptance rate was relatively family coverage in 1996 compared with 1988. CREASED large for workers under age 25 (from 86.5 per- Other factors also may have contributed to Recent studies suggest that employers cent to 70.1 percent) and those making $7 per the drop in the acceptance rate. A decline in typically do not stop offering health insur- hour or less (from 79.7 percent to 63.2 per- real wages for some workers may have made ance when premiums increase. Between 1988 cent). The fraction of workers who accepted coverage less affordable. Expansions in Med- and 1996, health insurance premiums— employer-sponsored insurance either icaid eligibility provided a coverage alter- unadjusted for inflation—increased by about through their own job or that of a family native for some families and may have de- 8 percent per year, on average. During ap- member also declined, from 93.2 percent to creased workers’ willingness to accept em- proximately the same time period, one 89.1 percent. Consequently, even though a ployer-sponsored insurance. Furthermore,

VerDate jul 14 2003 14:17 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00059 Fmt 0686 Sfmt 0634 E:\BR99\S22JN9.002 S22JN9 June 22, 1999 CONGRESSIONAL RECORD—SENATE 13767

possible changes in benefit packages may CURRENT LEWIN GROUP COVERAGE LOSS nally, changes in many economic and other have made coverage less desirable. ESTIMATE LOWER BY 25 PERCENT factors can cause coverage changes that LEWIN ESTIMATE OF 400,000 COVERAGE LOSS Recent data analysis by the Lewin Group mask or exaggerate the impact of premium BASED ON OUTDATED STUDIES led it to revise its estimate of potential cov- increases. The following list describes sev- In November 1997,12 the Lewin Group esti- erage loss. The Lewin Group now projects a eral conditions that could affect observed mated that 400,000 fewer people might be cov- loss of employer-sponsored coverage of ap- changes in health insurance coverage if new ered by health insurance if new legislation proximately 300,000 people for every one per- federal mandates increase insurance costs. 1. The percentage of premiums paid by em- caused premiums to rise by 1 percent. Its es- cent increase in premiums. This estimate, ployees and the amount of any premium in- timate was largely based on studies of the ef- reported in January 1998, is approximately 25 crease the employers pass on to employees. fects of insurance premium subsidies on em- percent lower than its November 1997 esti- If, as recent evidence suggests, employees’ ployers’ decisions to offer insurance. How- mate. The new estimate is based on the decisions largely affect the extent of cov- ever, recent research casts doubt on the ap- Lewin Group’s statistical analysis of the re- erage, then the relevant price increase is the plicability of these findings to other situa- lationship between what employees pay for percentage increase in their contribution. tions. Furthermore, according to the Barents insurance and the probability that they, For example, about two-thirds of employees Group, a research and consulting firm, the their spouses, and their dependent children 17 in small firms had to contribute toward pre- Lewin Group’s coverage loss estimate may have employer-sponsored health insurance. A key variable in the January 1998 Lewin mium costs in 1996. Those employees paid be too high because some individuals may about 50 percent of the total premium. If switch to other types of health plans if new Group study is the price of insurance, but because of data limitations, this was measured total premiums rise by 1 percent and em- legislation causes HMO premiums to rise. ployers pass on the full increase to employ- Few studies have analyzed the relationship imperfectly. The study primarily used CPS ees, then the employees’ contribution would between the cost of insurance and the num- data from 1989 to 1996. CPS data, however, do not contain information on health insurance rise by 2 percent. ber of individuals covered. The studies avail- 2. The extent to which additional benefits able to Lewin in November 1997 primarily fo- premium amounts. Lewin, therefore, used three data sources to impute the amount em- are valued by consumers. If higher insurance cused on employers’ decisions to offer insur- premiums are the result of additional bene- ance. These studies varied widely both in ployees paid for insurance:18 the 1987 Na- tional Medical Expenditure Surveys (NMES), fits that consumers value, then any coverage their research questions and their findings. loss will be less than the coverage loss that Several studies 13 examined the effects of the KPMG Peat Merwick employer surveys for 1991 through 1996, and the Health Insur- might occur if premiums increased but bene- programs designed to increase coverage by fits stayed the same (or the additional bene- subsidizing the premiums paid by employ- ance Association of America (HIAA) employer surveys for 1988 through 1990. The au- fits had little consumer value). In its Novem- ers—particularly small ones. The estimates ber 1997 letter, the Lewin Group notes that thors of the Lewis report acknowledged that from this group of studies varied, with one its ‘‘estimates of the number of persons los- these surveys were not strictly comparable, suggesting that between 0.07 percent and 0.33 ing coverage will differ depending upon the and that the information used to measure percent of small firms might begin to offer health policy being analyzed.’’ The Lewin the employee share of health insurance may insurance if premiums were reduced by about Group goes on to suggest that ‘‘some pro- have been different for 1988 through 1990 than 1 percent. Some older studies, using data posals that increase premium costs are often for 1991 throgh 1996. Another potential short- from 1971 and before, found that between 0.6 associated with other provisions that may coming related to premium amounts is that percent and 2 percent of firms might stop of- either lessen or intensify incentives for indi- the analysis did not allow for the possibility fering health insurance coverage if pre- viduals to drop coverage.’’ miums increased by 1 percent. that some workers may decline coverage 3. The extent to which some types of plans The Lewin Group selected a range of esti- from their own employers when they can ob- have no or low premium increases and em- mates, from what it judged to be the best tain it through a family members’ employer- ployees can switch to them. Proposed new available, to predict that between 0.2 percent based coverage. federal mandates are expected primarily to and 0.6 percent of firms would stop offering The Lewin Group’s estimate is of the cov- increase costs of HMOs. Faced with a rise in coverage if insurance premiums increased by erage decline that would result from an over- HMO premiums, some employees may switch 1 percent. It then selected the midpoint of all average premium increase of 1 percent. to PPOs or indemnity insurance rather than this range (0.4 percent) as its best estimate. Yet, the proposed federal mandates are ex- drop coverage entirely. The Barents Group To calculate the potential impact on cov- pected primarily to affect HMOs. If HMOs’ assumed this switching behavior might lower erage, the Lewin Group multiplied 150 mil- premiums rise by 1 percent, then premiums the Lewin Group’s coverage loss estimate by lion—the number of workers and their de- for other types of insurance would probably 25 percent. pendents covered by employer-sponsored not increase as much. HMO enrollees, there- 4. Changes in other insurance benefits. In- health plans in 1996—by 0.004—the percent- fore, would be affected most by the premium stead of raising premiums in response to new age of firms expected to drop coverage.14 increases. Under these circumstances, the mandated benefits, insurance companies and This calculation suggested that 600,000 indi- Lewin Group’s estimate could overstate the employers may find ways to reduce other viduals would lose employer-sponsored coverage decline. parts of the insurance package to keep pre- health insurance if premiums increased by 1 The Lewin Group explicitly assumed that miums constant. It is unknown how employ- percent. However, on the basis of its analysis all observed coverage changes were due to ees might respond to such changes in their 19 of CPS data, the Lewin Group assumed that employees’ decisions. Consequently, it used insurance plans. about one-third (or 200,000) of these 600,000 the imputed employee contribution as the 5. Changes in real wages and other factors. workers would obtain insurance either relevant cost of insurance. This assumption Changes in economic conditions or eligi- through the policies of working family mem- is broadly supported by the recent literature. bility for public insurance programs can also bers, the individual insurance market, or However, if some employees lost access to affect private insurance coverage. For exam- public insurance programs.15 Consequently, insurance because of their employers’ deci- ple, the Lewin Group estimated that a 1-per- it estimated that a 1-percent premium in- sions to no longer offer it, the Lewin Group’s cent rise in real incomes could increase pri- crease might result in a drop in coverage of estimate may incorrectly predict employees’ vate insurance coverage by nearly 0.37 per- about 400,000 individuals. reactions to changes in premiums. cent (about 550,000 workers and dependents). The Lewin Group’s estimated potential POTENTIAL COVERAGE LOSS UNCERTAIN, Likewise, expansions in Medicaid eligibility coverage loss does not consider the possi- DEPENDS ON MANY FACTORS could cause some workers to substitute pub- bility that employers or employees might Insufficient information is currently avail- lic insurance for employer-sponsored family switch to different types of insurance prod- able to predict accurately the coverage loss coverage. ucts if one type becomes relatively more ex- that may result from health insurance pre- COMMENTS FROM THE LEWIN GROUP pensive. This is important in the current mium increases associated with new federal In commenting on a draft of this cor- context because many of the proposed fed- mandates. One problem is that the potential respondence, a representative of the Lewin eral mandates are expected primarily to af- cost of the mandates and their impact on Group said that we had accurately charac- fect HMOs and have little or no impact on premiums is not yet known. However, even if terized its analysis and findings. The rep- PPOs and indemnity plans. The Barents the premium increase was known with cer- resentative suggested one technical clari- Group, a private research and consulting or- tainty, previous research and economic the- fication in our report’s characterization of ganization, recently reported on the poten- ory suggest that the impact on coverage de- the Lewin Group study that we adopted. tial coverage loss that proposed mandates pends on a number of conditions. Coverage As agreed with your office, unless you pub- could cause.16 The Barents Group used the changes will depend on the extent to which licly announce its contents earlier, we plan Lewin coverage loss estimate but reduced it premiums rise for employees and whether no further distribution until 30 days from by 25 percent to allow for the possibility that they can switch to insurance plans less af- the date of this letter. We will then make some employees might switch from HMOs to fected by the mandates. The specific policy copies available to others who are interested. other types of insurance plans instead of adopted also can affect how employees re- Please call me or James Cosgrove, Assist- dropping coverage altogether. spond to resulting premium increases. Fi- ant Director, if you or your staff have any

VerDate jul 14 2003 14:17 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00060 Fmt 0686 Sfmt 0634 E:\BR99\S22JN9.002 S22JN9 13768 CONGRESSIONAL RECORD—SENATE June 22, 1999 questions. Susanne Seagrave also contrib- 18 Lewin focused on the employee share of the ination of the bill to be introduced by the ma- uted to this letter. surance premium as the most appropriate cost af- jority leader . . . Sincerely yours, fecting the employee decision to participate in employer-sponsored health plans. It doesn’t tell us what that is going WILLIAM J. SCANLON, 19 The data used in the Lewin study do not indicate to be. Director, Health whether observed coverage losses are the result of . . . or his designee regarding health care. Financing and Systems Issues. employers’ decisions not to offer insurance or employees’ decisions not to accept it. I further ask that the Senate proceed to its FOOTNOTES immediate consideration. Mr. JEFFORDS. Mr. President, the 1 Legislative proposals would require each plan to And following the report by the clerk disclose, for example, information on appeal proce- GAO report examines two reports done that Senator DASCHLE be recognized to dures, restrictions on reimbursement for care re- by the Lewin Group on the impact of ceived outside of the plan’s network of providers, premium increases on coverage. offer as a substitute the text of S. 1891, and the location of plan providers and facilities. A 1997 report by Lewin indicates that which really wasn’t the all-inclusive 2 J. Gabel, P. Ginsburg, and K. Hunt, ‘‘Small Em- legislation, the majority leader is try- ployers and Their Health Benefits, 1988–1996: An a 1% increase will result in 400,000 los- Awkward Adolescence,’’ Health Affairs, 16(5) (Sept./ ing coverage. ing to tell the Democratic leader which Oct. 1997). J. Sheils, P. Hogan, and N. Manolov, ‘‘Ex- A 1998 report by Lewin for the AFL/ bill he ought to put in. ploring the Determinants of Employer Health Insur- CIO indicates that a 1% increase will I further ask that during the consideration ance Coverage,’’ report to the AFL–CIO (Fairfax, of the health care legislation it be in order Va.: The Lewin Group, Inc., Jan. 20, 1998). result in 300,000 Americans losing cov- for Members to offer health care amend- 3 P. Cooper and B. Schone, ‘‘More Offers, Fewer erage. It is this lower number that I Takers for Employment-Based Health Insurance: used. ments in the first and second degree. I further ask consent that the Chair not enter a 1987 and 1996,’’ Health Affairs, 16(6) (Nov./Dec. 1997), The PRESIDING OFFICER. Who pp. 142–49. motion to adjourn or recess for the August 4 Private Health Insurance: Continued Erosion of Cov- yields time? recess prior to a vote or in relation to the erage Linked to Cost Pressures (GAO/HEHS–97–122, Mr. KENNEDY. Mr. President, I will majority leader’s bill and the minority lead- July 24, 1997). just take a moment. er’s amendment, and following those votes it 5 J. Gabel, P. Ginsburg, and K. Hunt, ‘‘Small Em- The PRESIDING OFFICER. The Sen- ployers and Their Health Benefits, 1988–1996: An be in order for the majority leader return to Awkward Adolescence,’’ Health Affairs, 16(5) (Sept./ ator from Massachusetts. the legislation to the calendar. Oct. 1997), pp. 103–10. Mr. KENNEDY. Mr. President, with To the calendar—not send it over to 6 John F. Sheils, Vice President, The Lewin Group, regard to just one fact that the Sen- the House of Representatives—to the letter to Richard Smith, American Association of ator has mentioned, I have the GAO re- Health Plans, Nov. 17, 1997. calendar. 7 J. Sheils, P. Hogan, and N. Manolov, Exploring the port to which the Senator refers. The Let’s be clear about who is serious Determinants of Employer Health Insurance Coverage, fact that the Senator refers and is about bringing this up. Here is their report to the AFL–CIO (Fairfax, Va: The Lewin talking about is on page 4 of the re- Group, Inc., Jan. 20, 1998). consent request. They are going to re- 8 Individual insurance is coverage that an indi- port. It says: turn it to the calendar. Even if we win vidual purchases directly from an insurer or through If premiums increase by 1 percent only for the vote, under their proposal, that a broker. some insurance types (for example, HMOs), could be the end of it. 9 See P. Cooper and B. Schone, ‘‘More Offers, then the coverage loss predicted by the Then it says: Fewer Takers for Employment-Based Health Insur- Lewin Group to . . . ance: 1987 and 1996,’’ p. 144. Finally, I ask consent that it not be in 10 See P. Ginsburg, J. Gabel, and K. Hunt, ‘‘Track- Not the GAO, it is the Lewin Group order to offer any legislation, motion, or ing Small-Firm Coverage, 1989–1996,’’ p. 168. that makes the estimate referred to in amendment relative to health care prior to 11 J. Gabel, P. Ginsburg, and K. Hunt, ‘‘Small Em- the GAO letter. ployers and Their Health Benefits, 1988–1996: An the initiation of this agreement and fol- Awkward Adolescence,’’ p. 107. To the contrary, if you read on, GAO lowing the execution of the agreement. 12 John F. Sheils letter to Richard Smith, Nov. 17, says: Therefore, you can’t offer a health 1997. Because many factors can affect the num- care measure for the rest of the Con- 13 See K. Thorpe, and others, ‘‘Reducing the Num- ber of individuals covered by private insur- gress. ber of Uninsured by Subsidizing Employment-Based ance, it is difficult to predict the impact of Health Insurance: Results From a Pilot Study,’’ The If the Senator from Vermont can say an increase in insurance premiums. For ex- Journal of the American Medical Association, 267(7) with a straight face that it is the (1992), pp. 945–48; Statement of Nancy L. Barrand and ample, new mandates may increase pre- W. David Helms for the Robert Wood Johnson Foun- miums but may also change individuals’ Democrats who are trying to lock this dation, before the Subcommittee on Health, Com- willingness to purchase insurance. thing up when the Senator has his own mittee on Ways and Means, House of Representa- Therefore, there might be more peo- leader making a proposal like this, he tives, Health Insurance Options: Reform of Private is defying any kind of rational under- Health Insurance (Washington, DC: May 23, 1991), pp. ple covered. 125–61. W. Helms, A. Gauthier, and D. Campion, This is the kind of thing we ought to standing of what a unanimous consent ‘‘Mending the Flaws in the Small-Group Market,’’ be debating out here. This is just the rule is. Health Affairs (Summer 1992), pp. 7–27; C. McLaughlin type of thing we ought to be debating. Mr. DURBIN. Will the Senator yield and W. Zellers, ‘‘The Shortcomings of Voluntarism in the Small-Group Insurance Market,’’ Health Af- We have a lot of distortions and mis- for a question? fairs (Summer 1992), pp. 28–40; J. Gruber and J. representations. The insurance compa- Mr. KENNEDY. I would be glad to Poterba, ‘‘Tax Subsidies to Employer-Provided nies themselves have spent $100 million yield for a question. Health Insurance,’’ Working Paper No. 5147, Cam- Mr. DURBIN. I am going to ask a bridge, Mass.: National Bureau of Economic Re- in distorting our proposal. What we search, June 1995. want to do is to try to clarify the very brief question. Is it not true that 14 The studies’ findings applied to the percentage RECORD on this. at 5:45—in 45 minutes—there will be a of firms that might change their behavior. The Mr. DURBIN. Will the Senator yield? motion by the Republicans to table the Lewin Group, however, applied this percentage to Democratic version of the Patients’ individuals. This implicitly assumes that all sizes of Mr. KENNEDY. If I could just men- firms would react similarly. If large firms are less tion one other point, the Senator Bill of Rights without further debate, responsive to premium increases than small firms, talked about what we wanted to do last without further amendment, and to then the percentage of workers affected by a 1-per- year with regard to the Patients’ Bill bring to an end this debate about cent increase in premiums could be less than 0.4 percent. of Rights. whether families across America will 15 Lewin’s November 1997 letter did not discuss how I have in my hand the majority lead- have the stronger voice in terms of many of the 200,000 individuals might enroll in pub- er’s unanimous consent request. Here their health insurance protection? lic insurance programs and how many might obtain it is. This is an offer from last June 18, I ask the Senator from Massachu- other private coverage. 16 Impact of Legislation Affecting Managed Care Con- a little over a year ago, when we were setts, who has been here for a few sumers: 1999–2003, report for the American Associa- trying to bring this legislation up. months, to respond, if he will. Why is it tion of Health Plans (Washington, DC: The Barents I ask unanimous consent that prior to the that the Republican majority is so con- Group, LLC, Apr. 21, 1998). August recess . . . 17 Lewin used complex statistical models to esti- cerned about or afraid of the idea of ac- mate the proportion of the population covered by Isn’t that interesting? June of last tually debating or deliberating some- employer-sponsored insurance grouped by a number year; they are saying ‘‘prior to the Au- thing which is so important to Amer- of demographic characteristics, including race, age, ican families, their health care? income, full-time/part-time status, occupation, in- gust recess.’’ dustry, firm size, and the imputed employee share of . . . the majority leader after notifying the Mr. KENNEDY. We will have to lis- the premium costs, among others. minority leader shall turn to the consider- ten to the explanation coming from the

VerDate jul 14 2003 14:17 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00061 Fmt 0686 Sfmt 0634 E:\BR99\S22JN9.002 S22JN9 June 22, 1999 CONGRESSIONAL RECORD—SENATE 13769 other side. We know what the spokes- Clearly and unequivocally, there is The Kennedy bill increased health man for the health insurance industry language in the Democratic legislation care costs a lot. It is estimated that has said. We know what their answer that guarantees children access to pro- health care costs will increase 4.8 per- has been, and that is to virtually in- viders who are trained to take care of cent in addition to whatever health struct the Republican leadership just them, access to pediatric specialists, care increases are already scheduled. to say no. We know what the leader- expedited review procedures in the case Increases are scheduled to be 7 to 9 per- ship on the other side has said about of developmental difficulties for chil- cent. Take the average of that, 8 per- this: We are not going to get a chance dren, and also outcome measures that cent, and add 4.8 percent. That is a 13- to debate this issue. actually take children into consider- percent increase in health care costs. People can draw their own conclu- ation. These are critical issues that That will increase the number of unin- sions. They have indicated this will not have to be included in any managed sured by at least 1.5 million. be permitted to come up, even though care legislation we pass on the floor of I am going to work energetically to it is the people’s business. the Senate. see we don’t pass any bill that in- I see the Senator from Rhode Island What did the American people think creases people’s health care costs by 13 on the floor. I yield 5 minutes. about that? I have listed August orga- percent in 1 year. Certainly, I will The PRESIDING OFFICER (Mr. nizations like the American Academy work energetically to see we don’t pass SMITH of Oregon). The Senator from of Pediatrics in support of this meas- a health care bill that increases the Rhode Island. ure. Let me tell Members what the number of uninsured by 1.5 million. Mr. REED. Mr. President, as I look American people think. That would be a serious mistake. at the Republican proposals, they are In February of 1999, a survey by Lake Whatever the Senate does, it should deficient in many ways. Of particular Sosin Snell Perry and Associates and do no harm. If we increase health care concern to me is the way this proposal the Tarrance Group—one a Democratic costs in double digits and increase the mistreats children. polling firm, the other a Republican number of uninsured by over a million, The Democratic proposal, the pro- polling firm—revealed 86 percent of we have done a lot of harm. Some posal we would like to not only debate voters surveyed favored having Con- Members will not do that. but also to vote on, emphasizes the gress require health plans to provide We should make some needed re- need to protect the children of Amer- children with access to pediatric spe- forms. One of my colleagues worked en- ica. I hope we all can agree that at the cialists and hospitals that specialize in ergetically to put together a good end of this Congress at least we can treating children. package that makes needed reforms. provide adequate protections in man- That is an overwhelming example of I yield 7 minutes to our colleague what the American people are asking: aged care for children. from Maine, Senator COLLINS. Don’t just take my word for it. Take Protect their children, and give them Ms. COLLINS. Mr. President, there is the word of organizations including the access to pediatric specialists. Let growing unease across this Nation American Academy of Pediatrics, the them choose, as mothers and fathers, about the changes in how we receive American Association of Children’s pediatricians to be primary care pro- our health care, which has prompted Residential Centers, the American viders for their sons and daughters. the current debate on managed care. Not only do the American people de- Academy of Child and Adolescent Psy- People worry, if they or their loved mand these provisions, they will also chiatry, the Children’s Defense Fund, ones become ill, that their HMO may pay for them. Seventy-six percent of the Child Welfare League of America. deny them coverage and force them to the voters surveyed said they would All of these organizations support un- pay for these protections, ‘‘even if it accept either inadequate care or finan- equivocally the Democratic Patients’ increased health insurance costs for cial ruin—or perhaps even both. They Bill of Rights. This is the legislation families with children by $100 a year.’’ believe vital decisions affecting their we know and they know will protect They want these protections. Only lives will be made not by a supportive the children of America. the Democratic version gives them family doctor but by an unfeeling bu- There are three key points that are these protections. reaucracy. terribly important with respect to the Mr. NICKLES. I yield myself a couple All Members agree that medically differences between the Republican of minutes, and then I will yield to my necessary patient care should never be proposal and the Democratic proposal. colleague from Maine. sacrificed to the bottom line and that First, our legislation will assure ac- Our colleague from Massachusetts health care decisions should be in the cess to pediatric specialists. In the said there was a unanimous consent re- hands of medical professionals, not in world of medicine today, it is not just quest last year; we were talking about the hands of insurance accountants. sufficient to visit an oncologist if you doing this last June and July. That is We do, however, face an extremely have cancer and you are a child, be- correct. We offered several unanimous delicate balancing act as we attempt to cause pediatric oncology is a particular consent requests, from June 18, July 15, respond to concerns without resorting specialty that is necessary for children and July 25, to bring this bill up to to unduly burdensome Federal controls who have serious cancers. allow both sides to have a chance to and mandates that will further drive Second, our legislation provides vote on their proposals. We offered a up the costs of health insurance and clearly expedited review procedures if number of amendments before the Au- cause some people to lose their cov- child development is threatened—not gust break. Those were not agreed erage altogether. That is the crux of just their life but their development. upon. this entire debate. This is a critical issue that is virtually Everyone has had a chance to offer I am very alarmed by recent reports unique to children. This is something their bill and to have it voted on. We that American employers everywhere, we have to protect and ensure. would have a package, we would have a from giant multinational corporations Third, we also have provisions within bill, before the Senate that possibly to the small corner store, are facing our legislation that will measure out- could pass. That was not agreed upon huge hikes in their medical insurance comes in terms of children, so that last year. I don’t know if it will be coverage for their employees, aver- when parents are trying to determine agreed upon this year. I told the Demo- aging over 8 percent, and sometimes what plan is best for their child, they cratic sponsors we are willing to come soaring to 20 percent or more. This is a can actually look at measured results: to some time agreement, some limit on remarkable contrast to the past few How well this particular plan did—not amendments, but we are not just going years when premiums rose less than 3 with a large population of adults, but to have the bill on the floor for an un- percent, if at all. particularly with respect to children. limited number of amendments with We know for a fact that increasing The Republican plan has some fuzzy unlimited debate. health insurance premiums cause sig- language regarding pediatricians and Somebody asked, Why haven’t we nificant losses in coverage. That is the specialists. done this? primary reason why I am so opposed to

VerDate jul 14 2003 14:17 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00062 Fmt 0686 Sfmt 0634 E:\BR99\S22JN9.002 S22JN9 13770 CONGRESSIONAL RECORD—SENATE June 22, 1999 the approach offered by the Senator It is our belief that states should and will fits-all model would be a clear pre- from Massachusetts. Even if we discard continue the efforts to develop creative, emption of State authority. CBO’s previous estimate that the Ken- flexible, market-sensitive protections for Other provisions of our bill provide nedy bill would increase premiums by health consumers in fully insured plans, and new protections for millions more Congress should focus attention on those Americans. A key provision of our bill 6.1 percent and accept the newly re- consumers who have no protections in self- vised estimate of 4.8 percent, the fact is funded ERISA plans. builds upon the existing regulatory framework under ERISA to give all 124 the CBO score for the Democratic bill That is exactly the approach we have million Americans in employer-spon- is six times higher than the cost for taken. Currently, Federal law prohibits sored plans assurance that they will the bill we are proposing. States from regulating the self-funded, Moreover, the Lewin Associates, in a get the care that they need when they employer-sponsored health plans that study for the AFL–CIO, has estimated need it. The legislation will enhance cover 48 million Americans. Our legis- that for every 1-percent increase in current ERISA information disclosure lation is intended to protect the unpro- premiums, we are jeopardizing the in- requirements and penalties and tected. We would extend many of the surance coverage of as many as 300,000 strengthen existing requirements for same rights and protections to these Americans. Based on these projections, coverage determinations, grievances consumers and their families that the passage of the Kennedy legislation and appeals, including the addition of a those in State-regulated plans already could result in the loss of coverage for new requirement for independent, ex- enjoy. more than 1.4 million Americans. That For the first time they will be guar- ternal review. All 124 million Americans in emis more than the population of the en- anteed the right to talk freely and ployer-sponsored plans will be entitled tire State of Maine. This is a signifi- openly with their doctors about their to clear and complete information cant cost. treatment options. We would ban the If you look at the CBO estimate of about their health plan—about what it gag clauses. They will be guaranteed the revised Kennedy bill, CBO esti- covers and does not cover, about any coverage for emergency room care that mates it will impose additional costs cost-sharing requirements, and about a ‘‘prudent layperson’’ would deem to the private sector of nearly $41 bil- the plan’s providers. Helping patients medically necessary without prior au- lion over the next 5 years. That is a understand their coverage before they thorization. They will be able to see a cost that is going to cause employers need to use it will help to avoid cov- pediatrician or an OB/GYN without a to drop insurance altogether or em- erage disputes later. referral from their plan’s ‘‘gate- ployees to be unable to pay their share The goal of any patients’ rights legis- keeper.’’ They will have the option of of the premium. At a time when the lation should be to resolve disputes seeing a doctor who is not part of the number of uninsured Americans, unfor- about coverage up front, when the care HMO’s network. They will be guaran- tunately, is increasing with every year, is needed, not months or even years teed access to nonformulary drugs we should be acting to decrease the later in a court room. when it is medically necessary. They number of uninsured Americans, not Our bill would accomplish this goal will have an assurance of continuity of impose costly new burdens that are by creating a strong internal and an care if their health plan terminates its going to cause some of the most vul- independent external review process. contract with their doctor or hospital. First, patients or doctors who are un- nerable working Americans to lose The opponents of our legislation con- happy with an HMO’s decision could their coverage altogether. tend that the Federal Government Our approach, on the other hand, pro- appeal it internally through a review should simply preempt the States’ pa- vides the key protections that con- conducted by individuals with ‘‘appro- tient protection laws unless they are sumers need and want without causing priate expertise’’ who were not in- virtually identical to what the Federal costs to soar. It applies these protec- volved in the initial decision. More- Government would require. But the tions responsibly, where they are need- over, this review would have to be con- States’ approaches to these patient ed. Our legislation does not preempt, ducted by a physician if the denial is protections vary widely. For example, but rather builds upon the good work based on a determination that the serv- States may have emergency require- the States have done in the area of pa- ice is not medically necessary or is an ments, but not exactly the same stand- tients’ rights and protections. States experimental treatment. Patients ard that the Democrats in Senator have had the primary responsibility for could expect results from this review KENNEDY’s bill would impose on every- the regulation of health insurance within 30 days, or 72 hours in cases since the 1940s. As someone who has one. States that have already acted in when delay poses a serious risk to the worked in State government for 5 years this area would have to make extensive patient’s life or health. overseeing a Bureau of Insurance, I changes to their laws, if they are Patients turned down by this inter- know State regulators and State legis- forced to comply with the one-size-fits- nal review would then have the right to lators have done an excellent job of re- all model. a free, external review by medical ex- Moreover, what if the State has made sponding to the needs and concerns of perts who are completely independent an affirmative decision not to act in their citizens. of the health plan. This review must be Let me give you just a few examples. one of these areas? What if the bill completed within 30 days—and even Mr. President, 47 States have already failed in the legislature or was vetoed faster in a medical emergency or when passed laws prohibiting gag clauses by the Governor? Let me give you a re- the delay would be detrimental to the that restrict communications between cent example from my State. Maine patient’s health. Moreover, the deci- patients and their doctors; 40 States law requires plans to allow direct ac- sion of these outside reviewers is bind- have requirements for emergency care; cess to ob/gyn care—without a referral ing on the health plan, but not on the all 50 States have requirements for from the primary care physician—but patient. If the patient is not satisfied, grievance procedures; 36 require direct only for an annual visit. Maine also re- he or she retains the right to sue in access to an obstetrician or a gyne- quires plans to allow ob/gyns to serve federal or state court for attorneys’ cologist. as the primary care provider. Our State fees, court costs, the value of the ben- The States have acted, without any Legislature recently decided that the efit and injunctive relief. prod or mandate from Washington, to current provisions provide sufficient Our bill places treatment decisions in protect health care consumers. That is protection and rejected a bill that the hands of doctors, not lawyers. If why the National Association of Insur- would have expanded the direct access your HMO denies you treatment that ance Commissioners supports the ap- provision, primarily out of concern your doctor believes is medically nec- proach we have taken in our bill. that it would drive up premium costs. essary, you should not have to resort In a March letter to the chairman of I would note that this decision was to a costly and lengthy court battle to the Committee on Health, Education, made by a legislature controlled by the get the care you need. You should not Labor, and Pensions, the NAIC pointed Democratic Party. In cases like these, have to hire a lawyer and file an expen- out: the Kennedy proposal for a one-size- sive lawsuit to get the treatment.

VerDate jul 14 2003 14:17 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00063 Fmt 0686 Sfmt 0634 E:\BR99\S22JN9.002 S22JN9 June 22, 1999 CONGRESSIONAL RECORD—SENATE 13771 Our approach contrasts with the ap- Mr. NICKLES. Mr. President, how You are not going to find this Senator proach taken in the measure offered by much time remains to both sides? voting for a bill that drives people to Senators DASCHLE and KENNEDY that The PRESIDING OFFICER. The Sen- the ranks of the uninsured and expands would encourage patients to sue health ator from Oklahoma has 19 minutes that 41 million to 42 million. plans. I do not support Senator KEN- and the Senator from Massachusetts As my colleague from Maine just NEDY’s approach. You just can’t sue has 9. pointed out, every 1-percent increase in your way to quality health care. Mr. NICKLES. I yield my colleague premiums drives about 300,000 people to We would solve problems up front, from Tennessee 8 minutes. the ranks of the uninsured. I doubt one when the care is needed, not months or Mr. FRIST. Mr. President, there has will find very many Senators on our even years later after the harm has oc- been a lot of misinformation and I am side in favor of increasing that number curred. According to the GAO, it takes sure a lot of confusion on the part of of uninsured. an average of 33 months to resolve mal- many because of allegations that have We addressed the issue of access practice cases. This does nothing to en- gone back and forth because of the through two means: No. 1 is medical sure a patient’s right to timely and ap- rhetoric, so I think I will use my few savings accounts expansion, and No. 2 propriate care. Moreover, patients only minutes to outline what is in the Pa- is to have availability of a full deduc- receive 43 cents out of every dollar tients’ Bill of Rights Plus Act; that is, tion for health insurance benefits for awarded in malpractice cases. The rest the Republican leadership bill we have the self-employed. winds up in the pockets of trial lawyers been discussing for the last several As the Senator from Maine pointed and administrators of the court and in- days. out, States already regulate insured surance systems. I am very proud of the bill we have health plans. Thus, our bill addresses I met with a group of Maine employ- put forward. I am proud of it as a phy- the unprotected with the protections. ers who expressed their serious con- sician, as a member of the task force We do it through emergency care. A cerns about the Kennedy proposal to that helped put this bill together, and prudent layperson, somebody in a res- expand liability for health plans and as a Senator, because I believe with taurant has some chest pain—is it indi- employers. The Assistant Director for passage of this bill we can do what I gestion or a heart attack? You go to Human Resources at Bowdoin College think everybody in the body wants to the emergency room and are reim- talked about how moving to a self- do, and that is to improve the quality bursed, because a prudent layperson funded, ERISA plan enabled them to of care for individuals across this coun- standard is used and, therefore, that continue to offer affordable coverage to try, their children, and on into the service is covered. Choice of plans: In our bill, we make Bowdoin employees when premiums for next generation. sure those plans that offer network- their fully-insured plan skyrocketed in The bill we put forward has really six only plans are required to offer what is the late 1980s. Since they self-funded, major components with three objec- called point-of-service options. they have actually been able to lower tives. The three objectives are to en- Consumer protections: Obstetricians, premiums for their employees, while, hance health care quality, to enhance gynecologists, pediatricians—we have at the same time, enhance their benefit access, and to provide consumer pro- heard these words used a lot. Who are package with such features as well- tections. We do that through six com- these physicians? Do you have access? baby care, free annual physicals, and ponents. Under our bill, health plans would be prescription drug cards with low copay- First, as the Senator from Maine has required to allow direct access to ob- ments. They told me that the Demo- just gone through, strong consumer stetricians, to gynecologists, and to pe- crats’ proposal to expand liability seri- protection standards. The second way diatricians for routine care without re- ously jeopardizes their ability to offer of achieving that is that we offer good, ferrals, without gatekeepers. affordable coverage for their employ- comparative information among plans, Continuity of care: Under our bill, ees. Similar concerns were expressed at a time when it is very confusing to plans that terminate or nonrenew doc- by the Maine Municipal Association, the beneficiary, to the individual pa- tors or providers from their networks L.L. Bean, Bath Iron Works, and other tient, what plan offers what, and what would allow continued use of the pro- responsible Maine employers. benefits are covered. vider for up to 90 days or, if someone is And finally, our amendment will Third—and I am proud of this—we pregnant, up through the postpartum make health insurance more affordable have a strong internal, and even more period. by allowing self-employed individuals important, I believe, external appeals Access to medication: We all know to deduct the full amount of their process establishing these rights for 124 that formularies are used increasingly health care premiums. Establishing million people. We are talking about by people broadly because of the cost of parity in the tax treatment of health scope in a lot of these discussions, but prescription drugs. In our plan, we insurance costs between the self-em- let’s remember this applies to 124 mil- make sure physicians and providers ployed and those working for large lion Americans who are covered both and people with clinical experience are businesses is a matter of basic equity, by the self-insured and fully insured on those boards that put together these and it will also help to reduce the num- group health plans. formularies. In our bill, we make sure ber of uninsured, but working, Ameri- Fourth, we have in our bill a ban on that nonformulary alternatives are cans. It will make health insurance the use of genetic information by in- available when medically necessary more affordable for the 82,000 people in surance companies for underwriting and when appropriate. Physicians, Maine who are self-employed. They in- purposes. It is very important, as we pharmacists, not just bureaucrats, will clude our lobstermen, our hairdressers, look at the human genome project, be putting these formularies together. our electricians, our plumbers, and the which is producing 2 billion bits of in- Access to specialists: I am a heart many owners of mom-and-pop stores formation, all of which can be to the and lung transplant surgeon. I have that dot communities throughout my benefit of mankind if it is used appro- had the opportunity to transplant hun- state. priately. dreds of hearts and lungs and do hun- Mr. President, I believe that this Fifth, we have a quality focus in our dreds of heart operations, and I know amendments strikes the right balance bill which is lacking in other bills and the importance of access to a spe- as we effectively address concerns other proposals. We have expanded cialist. Under our bill, health plans about quality and choice without re- quality research activities through the would be required to ensure that pa- sorting to unduly burdensome federal Agency for Health Care Policy and Re- tients have access to covered speciality controls and mandates that will fur- search. We address issues of access. care within the network or, if nec- ther drive up costs and cause some This is in contrast to the bill on the essary, provide that access through Americans to lose their health insur- other side, because we have a major contractual relationships if heart surance altogether, and I urge all of my problem in this country today of about geon BILL FRIST happens not to be in- colleagues to join me in supporting it. 41 million people who are uninsured. side that network.

VerDate jul 14 2003 14:17 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00064 Fmt 0686 Sfmt 0634 E:\BR99\S22JN9.002 S22JN9 13772 CONGRESSIONAL RECORD—SENATE June 22, 1999 Gag rules: We all know that physi- Mr. SCHUMER. I have been yielded 4 come out similar to the last debate we cians should not have gags placed on minutes by the Senator from Massa- had where a number of people, in a bi- them when they talk to patients. We chusetts. partisan way, come together for a have a strong gag rule prohibition in The PRESIDING OFFICER. The Sen- stronger bill. But that may not happen. our bill. No more gag rules. ator from New York is recognized. But at the very least, in conclusion, A second approach is that we require Mr. SCHUMER. I thank the Chair, we should have a full and open debate. comparative information be given to and I thank the Senator from Massa- And a motion to table and a vote on individuals so they can compare one chusetts not only for yielding but for one bill and then the other to get rid of plan to another so they will know what his leadership over many years on this this is not fair to the American people. services are covered and what services issue. Let me make a couple of points. Thank you. are not. First of all, the Senator from Ten- The PRESIDING OFFICER. The Sen- I mentioned grievance and appeals. nessee has outlined his bill, and it is a ator’s time has expired. All group health plans would be re- different approach. I ask Americans to Mr. NICKLES. Mr. President, how quired to have written grievance proce- ask: Why do all of the leading doctors’ much time remains? dures and have both an internal ap- groups, including the American Med- The PRESIDING OFFICER. Eleven peals process as well as an external ap- ical Association, why do the leading minutes for the Senator from Okla- peals process if there is some disagree- consumer groups up and down the line, homa. ment as to what is covered and what is support our approach? If the bill on the Mr. NICKLES. On the other side? not covered. other side is so good for consumers and The PRESIDING OFFICER. Four Timeframes—we address it in our so good for physicians and providers, minutes 46 seconds. bill. Expedited requests for care, if then why are they all supporting this Mr. NICKLES. I yield the Senator there is any question of jeopardizing bill? And if, as the Senator from Ten- from Pennsylvania 5 minutes. the patient’s health, is allowed. nessee believes, all of these are worthy Ms. SANTORUM. Thank you, Mr. Qualification of reviewers: This is a goals—specialists, appeals processes, et President. significant improvement in our bill cetera—then why not go all the way? I thank the Senator from Oklahoma compared to last year. We make abso- Why not do it right? Why not do it in for yielding me time. I congratulate lutely sure that an appropriately quali- a way that the AMA and all the con- him and the entire working group on fied external reviewer; that is, a pro- sumer groups and all of those that both the Republican side of the aisle—Sen- vider who has expertise in the field sides are talking about protecting ators JEFFORDS, COLLINS, FRIST, and where there is some question. If it is a choose? The bill they choose is our bill. GRAMM for putting together what I be- question about heart surgery, you have Second, on cost, because I know the lieve is a bill that this Senate should a heart surgeon, somebody familiar to Senator from Maine mentioned cost, embrace. I think America, if they were heart surgery as the reviewer. The ex- the most recent estimates by CBO said given the choice between what is being ternal appeals process is, I believe, that the Daschle-Kennedy bill, at the offered on the Democratic side and greatly strengthened by having this end of 5 years, would cost $2 extra a what is being offered on the Republican independent—and those are the words month a person. Ask Americans: Would side, would quickly embrace this plan we use—‘‘external medical reviewer they pay that to have access to special- for many reasons. where necessary.’’ ists, to have emergency room treat- No. 1, it is a much more comprehen- We allow in those cases where a ment, to have the kinds of things we sive plan. This is the Patients’ Bill of treatment is considered experimental have been talking about? You bet. Rights Plus. It is not just some con- that that also can be handled in this They would pay it in a New York sumer protection measures which external review process. We require minute. So if cost is the concern, it is Democrats have put forward—and we that external reviewer to have ‘‘rel- not much, and you get a lot. If helping have, to some degree, done the same— evant expertise.’’ providers and consumers is the con- but it goes much farther. By looking at My time is just about out. There are cern, our bill prevails. the health care picture in America, on three other issues. What we are going to do tonight is a comprehensive basis, we took a step Genetic information: Our bill recog- table any proposal. That is not ade- back and said, what can we do to im- nizes that ‘‘predictive genetic informa- quate, nor is it even adequate, at least prove quality, to improve access, to re- tion’’ can be used against you by an in- from my point of view as a freshman duce costs—not responding to hot but- surance company, either raising pre- Senator, to try to deal with this issue ton poll issues? miums or denying coverage. We pro- and just push it away. We believe pas- It seems to be the popular move hibit it. sionately that patients need help, that around here—when something polls Our bill focuses on quality improve- consumers need help, that physicians well, we rush out here and try, with ment by taking the Agency for Health and nurses and hospitals need help. legislative fixes, to pass something Care Research and Quality and focus- We believe the HMOs have swung too that sounds good to the American pub- ing on health service delivery and far in their ability to police the basic lic. training scientists, providing informa- patient-doctor relationship. We do not We did not take that approach. We tion systems to improve quality, and, think that a quick ‘‘let’s get rid of took the approach of how, from a pub- lastly, our bill invests in the infra- this, let’s have a quick vote and say it lic policy point of view, we are going to structure necessary to measure qual- is over’’ serves the American people. solve real problems in America—not ity. What we will be doing on this side is real problems that maybe poll well but Medical savings accounts and full continuing to fight until we can get a real problems that solve structural health insurance deduction for the self- full and open debate. I want to debate problems, structural problems in the employed are a part of our bill. the Senator from Tennessee on wheth- health care system, which will end up That is our bill in a nutshell. It looks er the Daschle bill or his bill really benefiting millions of people. at consumer standards. It looks at im- gives access to specialists. I want to One such area is that of access. Much proved quality, it looks at improved debate the Senator from Tennessee on has been talked about in relation to pa- access. It is a bill of which I am proud. whether the appeals process in our bill tients’ rights. We have not heard a lot It is a bill I know all of us can support. or in his bill is the most open. of talk on the other side about access It is a bill that will improve health I want to debate the Senator from to insurance. There are a couple of care in the United States of America. Tennessee on every one of the issues components to that. Mr. President, I yield back my time. that has been mentioned. The process No. 1, keep the costs down. We have Mr. SCHUMER addressed the Chair. that we are going through now does not heard a lot of talk about how the other The PRESIDING OFFICER. The Sen- allow that debate. I do not know where bill, the Kennedy bill, dramatically in- ator from New York. it will come out. My guess is it may creases costs. Our bill does not do that.

VerDate jul 14 2003 14:17 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00065 Fmt 0686 Sfmt 0634 E:\BR99\S22JN9.002 S22JN9 June 22, 1999 CONGRESSIONAL RECORD—SENATE 13773 So in that respect, we already, by vir- So it has the dual components of at- deliberation on an issue that counts. I tue of not driving up health care costs, tracting those very desirable people hope the motion to table is defeated. improve access. But we do more than into the insurance pool—younger work- Let’s have the real debate on this that. ers who have, in fact, less health care issue. We do two specific things in the tax costs—and at the same time provides I yield back my time. portion of this bill. First, we increase the kinds of choices and quality and Mr. BINGAMAN. Mr. President, I rise the deductibility of insurance for the the proper incentives to the rest of the to today to ask my colleagues to con- self-employed up to 100 percent. So we population in the health care system sider several intriguing questions. put them on an even playing field with through these medical savings ac- What would we do if I told you that those who have employer-provided counts. Americans were deliberately being de- health care. We give 100 percent de- So I am very excited that what we nied access to our country’s greatest ductibility, thereby increasing the de- have been able to accomplish in this technologies and developments? What sirability of owning health care insur- bill is not just to provide some hot but- if I told you that there is a business in ance, of buying that insurance for ton issues with regard to HMOs which this country that is permitted to make yourself as a self-employed individual, poll well—and I understand that—— any kind of business decision they thereby getting more people into the The PRESIDING OFFICER. The Sen- want and potentially adversely effect health care system, which is something ator’s time has expired. millions of consumers’ lives and not be everybody believes is necessary and de- Mr. SANTORUM. We have provided a held accountable? What if I told you sirable. comprehensive approach to health care that Congress has had the answer to Second, we provide for medical sav- reform and one that I think we can all these questions and, most importantly, ings accounts. Medical savings ac- be very proud of. the solutions to these problems but be- counts have gotten, from a public pol- I thank the Senator from Oklahoma cause of a few people and a great deal icy perspective, a little bit of a bad rap for yielding me time. of money from one special interest based on what was passed here a few Mr. KENNEDY. I yield 2 minutes to group, the American people have been years ago. What was passed here a few the Senator from Illinois. denied a substantially better quality of years ago was a program that was de- Mr. DURBIN. I thank the Senate for life? Well, unfortunately, all this is signed to fail. Those who designed it yielding. true. got exactly what was predicted—fail- You know what this reminds me of? Over 200 organizations representing ure. This reminds me of the Senate. Imag- doctors, nurses, patients’ right advo- It is a program that is very limited. ine, both sides of the aisle—Republican cates, consumer organizations and Very few taxpayers can participate in and Democrat—on the floor discussing labor groups and American people ev- it. It is time limited. It does not allow and debating an issue which counts erywhere have all spoken loud and you to carry contributions from year with American families—health insur- to year. It is a program that has very long: The time is now to pass a mean- ance. little in the way of a design that would ingful patient’s bill of rights. My Is it going to be there when we need be attractive. In fact, what would at- Democratic colleagues stand ready, it? Will it be affordable? Can we trust tract people to MSAs is the ability to once again, to engage in a discussion our doctors not to be overruled by in- control their own health care costs, with our Republican colleagues so that surance company bureaucrats? which is the ability to profit person- we can finally put the American peo- I like this debate. That is why I ran ally—instead of the insurance compa- ple’s interest before health insurance for the Senate. But in 10 minutes there nies managing your health care, doing company profits. things that keep you healthy. Those will be a vote on a Republican motion Over 100 million workers who labor are some of the attractions of MSAs to table to end this debate, to stop it, hard and pay health insurance are that are the control element, all of to say that there is going to be no fur- being denied critical medical services. which are forfeited under the existing ther debate, no future amendments—it We are led to believe by some that the MSA proposal. is over. health care system under managed care The bill that we are offering removes I do not think that makes sense. is working just fine. In our own circles all these restrictions—artificial—to Weren’t we sent here to enter into this of friends and family, we know that dampen the enthusiasm for the pro- debate? To face these issues on an up- this is simply not true. The numbers gram, to make it less attractive and or-down vote? I am prepared to do that. are staggering. I have a chart here that less workable, and allows a full-blown I know that some of the votes on will not surprise anyone. medical savings account proposal to go these amendments will not be easy, but In 1998, 115 million Americans either forward and to put it into the mix of I think we have an excellent bill in the had a problem or knew someone who health care delivery options, insurance Democratic Patients’ Bill of Rights, a had a problem with managed care and options, again, creating more choices, bill that has been endorsed by every that number is dramatically on the creating, in this case, a high deductible major health organization, children’s rise. Let me say that again. At least, insurance option that is very attrac- advocacy groups, and labor-business 115 million people in this country are tive to people who we have a very dif- across the board. experiencing difficulties obtaining ficult time bringing into the insurance I am prepared to stand and defend medical services for which they pay for system but are very important to get this bill, offer amendments that give to every month. The issue is clear. Man- in there, and those are younger work- families the assurance they are going aged health care reform is long over- ers, in particular. to get quality health care. But the Re- due. We have a very difficult time con- publican side does not want this de- First and foremost, we need a man- vincing younger uninsured people that bate. They do not want to vote on aged health care system that is inclu- it is maybe worthwhile to go out and these amendments. They called it sive, providing the best health care for buy insurance coverage. Most young ‘‘health care-plus.’’ It is ‘‘health care- everyone that spends their hard earned people think they are infallible, that minus.’’ Every day they are taking dollars on health insurance. The Re- they cannot be hurt, that they do not away from American families their publican managed care bill leaves out need insurance. What we do is create a power to choose a doctor, their power over 100 million Americans: two-thirds savings component to health insurance to have the right specialist, their will- of those that have private health insur- which is a very attractive thing, par- ingness, I guess, to sit down with their ance. Let me be even more specific ticularly for younger people and yet, at doctor and realize they are getting an using my own State, New Mexico, as a the same time, very useful for every- honest answer. example of what I am referring to. one—once people understand how the It is a shame that in 10 minutes this There are approximately 900,000 pri- dynamics of medical savings accounts motion to table is going to come before vately insured patients in the State of work. us. This really resembles the Senate— New Mexico. Without passage of the

VerDate jul 14 2003 14:17 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00066 Fmt 0686 Sfmt 0634 E:\BR99\S22JN9.002 S22JN9 13774 CONGRESSIONAL RECORD—SENATE June 22, 1999 Democratic Patients’ Bill of Rights, In a recent study by the Small Busi- in federal court. Here the Democratic look at the list of major patient pro- ness Alliance and the Kaiser Family bill goes too far in exposing health tections that over 900,000 New Mexi- Foundation, the overwhelming major- plans to state tort liability, while the cans will not have. ity of small businesses would continue strengthened ERISA remedy contained Under the Republican bill, almost to provide health insurance after man- in the Republican bill does not go far 700,000 New Mexicans will not have sub- aged care reform and the majority of enough. stantive protections and 350,000 will these business endorsed key elements Our bipartisan bill also contains very not be covered at all if the Republicans of the Democratic Patient’s Bill of strong internal and external appeals pass their bill. The Democratic Pa- Rights including real independent ap- provisions to ensure that patients get tients’ Bill of Rights will assure that peals, access to speciality care, and di- their appeals heard in an expeditious 900,000 New Mexicans will receive all rect access to OB/GYN services, as well and equitable manner. I am not con- these protections that I have listed on as the patient’s right to hold insurance vinced the Republican bill does enough this chart. companies accountable for their deci- in this area. These numbers represent real people sions. Regardless of our legitimate dif- with real health concerns. These num- I began my comments asking several ferences, I am not in favor of trying to bers represent people who expect Con- fundamental questions about consumer force the debate on managed care in gress to put the health interests of rights. I would like to conclude by en- this manner. I respectfully urge both Americans first. couraging all of my colleagues to con- sides to work in good faith to arrive at Let me address just a few of the basic sider the issues which I have raised and a reasonable time agreement to facili- protections that I believe a managed I look forward to substantive debate on tate an orderly debate as soon as prac- care system should provide and that, in these critical matters that have such a ticable on this very important legisla- fact, the Democratic Patient’s Bill of profound effect on the health of this tion. Rights includes. Nation. In that regard, I do not think 40 We need a managed care health sys- We have an opportunity to stand up amendments on either side is realistic tem that does not financially penalize for American families, protect Amer- given all of the other matters com- health care professionals who try to ican children and respond to the needs peting for the Senate’s attention; nor, provide the best care for their patients. of American workers. I urge all of my for that matter, do I think 3 amend- We can no longer permit managed care colleagues to stand together with the ments would give the Senate the oppor- companies to fire providers who report overwhelming majority of the Amer- tunity to fully debate these issues. quality concerns or who speak up on ican people and begin a discussion that If we are serious about Senate con- behalf of their patients and assist their will ultimately lead to the passage of a sideration of managed care legisla- patients when their HMO denies care. meaningful patient’s bill of rights for tion—as I believe both sides are—I see We need a managed care health sys- all Americans. The American people no reason why we cannot come to an tem that does not allow HMO’s to oper- have waited long enough. agreement on a date certain for taking ate with few providers and long waiting Mr. CHAFEE. Mr. President. I would up this legislation, and a date certain periods for appointments, and that like to clarify my position on these for completing it. I believe the Senate force patients to drive long hours to procedural votes regarding managed could complete consideration of this get needed care, even if there are quali- care reform legislation. legislation within a period of five or six fied providers nearby. Where you live I think Senators on both sides of the days. in our country should not be reason aisle are familiar with my position on So, let us proceed in a timely manner enough to exclude you from the best the need for managed care reform leg- to debate these differences and to vote medical care available. In a state such islation to ensure that health care con- to resolve them. That is our task, and as New Mexico this is a critical consumers are treated fairly by their I am willing to help in whatever ways cern. HMOs and other managed care plans. I can to ensure a full and meaningful We need a managed care health sys- Indeed, I have authored bipartisan debate. tem that does not prohibit health plans legislation—both in this Congress and Mrs. MURRAY. Mr. President, I rise from excluding non-physician providers the last—to provide a basic floor of fed- today to express my frustration and such as nurse practitioners, psycholo- eral protections for all privately in- outrage with the inability of the Re- gists, and social workers from their sured Americans. And, I am pleased to publican leadership to allow a fair and networks. Under the Republican bill, be joined in that endeavor by Senators open debate on a real Patients’ Bill of patients, especially those in rural and BOB GRAHAM, JOE LIEBERMAN, ARLEN Rights. I do not like the idea of tying other areas without an adequate supply SPECTER, MAX BAUCUS, CHUCK ROBB and up must do appropriations bills to try of physicians, could be left out in the EVAN BAYH. and force a fair and open debate on ac- cold. Once again, in the State of New Though I will vote not to table the cess to health care services. However, Mexico these are critical concerns. Republican bill, I want to make clear, due to the inability to find a reason- Simply put, we need a managed I do not think this bill goes far enough able compromise on the number of health care system that puts patient in protecting consumers. Nor am I en- amendments, we have been forced to protections first before insurance com- tirely comfortable with the Demo- bring this issue to every possible vehi- pany profits. cratic bill. Let me cite just a few ex- cle. Let me also address one other issue. amples. There are many things we do here I have heard concerns from some of my In the Chafee-Graham-Lieberman that simply do not have the impact we Republican colleagues regarding the bill, our patient protections would ex- seem to think they do. We spend more impact that reforming health insur- tend to all privately insured Ameri- time debating a constitutional amend- ance might have on small businesses. I cans—not just to the self-funded comment to balance the budget instead of too have long been concerned with the ponent of the ERISA population, as is simply doing the hard work to balance effect of federal policy on this part of the case with most of the patient pro- the budget. We proved that despite the business sector. New Mexico relies tections in the Republican bill. weeks of debate all we needed to do was significantly on the innovation and A credible enforcement mechanism is make the tough choices and balance hard work of the small businessperson also critical to ensuring that any pa- the budget. Yet when it comes to some- and I have consistently worked to pro- tient protections we adopt here in the thing like access to emergency room tect their interests. But instead of try- Senate are taken seriously by managed treatment or access to experimental ing to scare small businesses with inad- care plans. The Chafee-Graham- life saving treatments, we can’t find equate information that seemingly Lieberman bill contains a strong en- three days on the Senate floor. This is threatens their livelihoods as some forcement mechanism which would the kind of legislation that really does might do, let’s take a look at the facts. permit injured parties to seek redress impact American working families. I

VerDate jul 14 2003 14:17 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00067 Fmt 0686 Sfmt 0634 E:\BR99\S22JN9.002 S22JN9 June 22, 1999 CONGRESSIONAL RECORD—SENATE 13775 would argue that it deserves a full and body part. Neither do I. But I could not subject to the Senate rules which open debate on the Senate floor. sit by and be silent on this issue. De- would permit amendments and debate The pending amendment before us is feating the medically necessary under our rules without a unanimous not, and let me repeat, is not a Patient amendment offered prior to my amend- consent agreement limiting amend- Bill of Rights. Oddly enough it ex- ment, forced me to legislate by body ments or debate. cludes most insured Americans and in part. I would do it again to ensure that My own preference for the Patient’s many cases, simply reiterates current women facing a mastectomy are not Bill of Rights is the bipartisan proposal insurance policy. It does not provide sent home to deal with the physical S. 374 sponsored by Senators CHAFEE, the kind of protections and guarantees and emotional after shocks. GRAHAM, LIEBERMAN, BAUCUS, and my- that will ensure that when you need For many years I have listened to self. your insurance it is there for you and many of my colleagues talk about If any bill is called up subject to reg- your families. Let’s face it, most peo- breast cancer and breast cancer re- ular order, the various provisions could ple do not even think about their search or a breast cancer stamp. When be considered and voted upon and the health insurance until they become it sometimes to really helping breast Senate would work its will on the com- sick. Certainly insurance companies do cancer survivors, some of my Repub- peting provisions. not notify them every week or month lican colleagues vote ‘‘no.’’ I hope we Mr. KENNEDY. How much time do I when collecting their premiums that are able to correct this and give all of have? there are many services and benefits my colleagues, not just those on the The PRESIDING OFFICER. Two that they do not have access to. It is HELP Committee the chance to vote minutes 50 seconds. amazing how accurate insurance com- ‘‘yes.’’ Mr. KENNEDY. Two minutes 50 sec- panies can be in collecting premiums, I also want to remind many of my onds? but when it comes time to access bene- colleagues who support doubling re- The PRESIDING OFFICER. Yes. fits it becomes a huge bureaucracy search at NIH, that we are facing a sit- Mr. KENNEDY. I would like to re- with little or no accountability. uation where we have all this great reserve the last 20 seconds, Mr. Presi- The Republican leadership bill is in- search and yet we allow insurance com- dent. adequate in many areas. Let me point panies to deny access. Today we heard Mr. President, to listen to my friends out one major hole in this legislation. testimony at the Labor, HHS Sub- on the other side, you would think that During markup of this amendment in committee hearing about juvenile dia- you were hearing the talking points the HELP Committee I offered a very betes. It was an inspiring hearing with written by the insurance industry: It short and simple amendment to pro- over 100 children and several celeb- costs too much. hibit so-called ‘‘drive through rities. Yet as I sat there listening to Here is the CBO report: 4.8 percent mastectomies.’’ My amendment would testimony from NIH about the need to for average premiums for employer- have prohibited insurance companies increase funding and how close we are sponsored health insurance over 5 from requiring doctors to perform to finding a cure, I was struck by the years. For the sake of this exercise, major breast cancer surgery in an out fact that the Republican leadership bill call it 5 percent. Say a families’ pre- patient setting and discharging the would allow the continued practice of mium is $5,000. That is $250 over 5 woman within hours. We saw this hap- denying access to clinical trials, access years. Allocate that in terms of em- pen when insurance companies decided to new experimental drugs and treat- ployer-employee, and you will find that that there was no medical necessity for ments, access to specialities and access the cost paid by an employee is around a woman to stay more than 12 hours in to speciality care provided at NIH can- the cost of a Big Mac each month. This a hospital following the birth of a cer centers. is a buy to ensure that you are going to It does little good to increase re- child. They said there was no need for have the protections in our legislation. search or to find a cure for diabetes or follow up for the newborn infant be- We hear about all the things that Parkinsons disease if very few can af- yond 12 hours. There was no under- their program is doing. But the one ford the cure or are denied access to thing that Senator FRIST left out is standing of the effects of child birth on the cure. We need to continue our focus that they are only covering a third of a woman and no role for the woman or on research, but cannot simply ignore all of Americans. They are leaving out physician to determine what is medi- the issue of access. cally necessary for both the new moth- I urge my colleagues to join with me more than 110 million Americans. If er and new born infant. in supporting a real Patient’s Bill of this plan is so good, why not include I offered the drive through mastec- Rights that puts the decision on health everyone? tomy prohibition amendment only be- care back into the hands of the con- For those that are so concerned cause an amendment offered earlier in sumer and the physician. It does not about the cost, I hope they are going to the markup would continue the prac- dismantle managed care. But it ensures explain where they are getting the tice of allowing insurance personnel to that insurance companies managed money that the Joint Tax Committee determine what was medically nec- care, not profits. says their proposal will cost. Their essary. Not doctors or patients, but in- I do not want to increase the cost of medical savings accounts alone—which surance company bean counters. I of- health care costs, I simply want to are little more than a tax shelter for fered my amendment to ensure that no make sure that people get what they the rich—are $4.2 billion over the next insurance company would be allowed to pay for. That they have the same ac- 7 years. But they don’t say how they engage in drive through mastectomies. cess to cure that we as Members of the will pay for it in their proposal. My amendment did not require a man- Senate enjoy as we participate in the They are concerned about cost? Why datory hospital stay. It did not set the Federal Employees Health Benefit are they expanding that tax loophole? number of days or hours. It simply said Plan. The President has made sure that Why aren’t they at least jawboning the that only the doctor and patient would we have patient protections. Our con- insurance companies to hold down the be able to determine if a hospital stay stituents deserve no less. 6 to 10 percent increase that we see in was medically necessary. The woman Mr. SPECTER. Mr. President, I am the insurance premiums every year who suffered the shock of the diagnosis voting against tabling both competing just to increase profits? of breast cancer; the woman who was versions of the Patient’s Bill of Rights Every single provision of the Repub- told a mastectomy was the only choice; because I believe both should be con- lican bill is riddled with loopholes. It is the woman who faced this life altering sidered by the Senate. I oppose any a bill that only an insurance company surgery. She decides. proposal to limit amendments on ei- accountant could like. As this debate Unfortunately, my colleagues on the ther bill and then have just an up or proceeds, we will expose those loop- other side did not feel comfortable giv- down vote on each Bill. holes. ing the decision to the woman and her I believe a bill should be considered Mr. President, one of the ways you doctor. They did not like legislating by in regular order in the usual manner know a person is by who their friends

VerDate jul 14 2003 14:17 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00068 Fmt 0686 Sfmt 0634 E:\BR99\S22JN9.002 S22JN9 13776 CONGRESSIONAL RECORD—SENATE June 22, 1999 are. Our friends in this debate are the ical malpractice cases. This does noth- Mr. KENNEDY addressed the Chair. 200 groups that represent the doctors ing to ensure a patient’s right to time- The PRESIDING OFFICER. The Sen- and nurses—the health delivery profes- ly and appropriate care. Moreover, pa- ator from Massachusetts. sionals—and consumers. Not a single tients only receive 43 cents out of Mr. KENNEDY. Mr. President, the organization supports the opposition. every dollar awarded in malpractice issue that is before us with the pro- If our amendment is tabled, it is a cases. The rest winds up in the pockets posal that Senator DASCHLE has ad- vote against children, a vote against of trial lawyers and the administrators vanced is a very basic and fundamental families, a vote against women; it is a of court and insurance systems. one: Who ought to be making the deci- vote against every individual with a se- Suing is not the answer. The answer sions on your health care? rious health problem, and it is a vote is having a fair, free, and prompt ap- The whole concept behind the in favor of mismanaged care and a vote peals process that gets patients the Daschle proposal is that we should let in favor of placing insurance company care they need, the care they were the medical professional guide that profits ahead of patient care. I hope the promised before harm can be done. judgment—the doctor, nurse and pa- motion to table Senator DASCHLE’s I recently met with a group of Maine tient together. That ought to be the amendment is defeated. employers who expressed their very se- basis of the judgment—not an account- I yield the remainder of my time. rious concerns about the Kennedy pro- ant, not an insurance company official. Mr. NICKLES. Mr. President, how posal to expand liability for health That is really at the heart of this much time remains? plans and employers. One of these em- whole legislation. Our legislation pro- The PRESIDING OFFICER. The ma- ployers was Bowdoin College in Bruns- tects that and preserves it. jority has 5 minutes 4 seconds, and wick, ME. I want to talk briefly about The other legislation that is reported Senator KENNEDY has 20 seconds. Bowdoin’s experience. out of our committee fails to do it. Mr. NICKLES. Mr. President, I yield They moved to a self-funded plan in That is why we have the support of the 3 minutes to the Senator from Maine. order to improve the coverage provided health care professionals and they do Ms. COLLINS. Mr. President, I thank to their employees. They now provide not. I hope we will have the oppor- the assistant majority leader. an annual physical, low-cost prescrip- tunity to at least debate these various The goal of any patients’ rights legis- tion coverage, and well-baby care. But issues in an orderly way. That is what lation should be to resolve disputes they told me that if the Democrats’ this battle is about. I hope that we will about coverage, about access to treat- proposal to expand liability goes be able to continue with a reasonable ment upfront when the care is needed, through, it would seriously jeopardize not months or even years later in a their ability to offer affordable cov- procedure to permit the Senate to courtroom. That is a fundamental dif- erage for their employees. They would make a judgment. ference between the bill supported by return to the insurance market and to Mr. NICKLES addressed the Chair. Senator KENNEDY and the proposal that a plan less favorable to their employ- The PRESIDING OFFICER. The Sen- we have advanced. ees. ator from Oklahoma. Our legislation would accomplish I thank the assistant majority leader Mr. NICKLES. Mr. President, I am this goal by creating a strong internal for yielding the additional minute. I afraid my colleague from Massachu- and external review process. If a pa- yield back my time to the assistant setts didn’t hear my colleague from tient or a physician is unhappy with an majority leader. Tennessee state that we do have inter- HMO’s decision, the patient or the pro- Mr. NICKLES. Mr. President, how nal appeals that are decided by physi- vider can appeal it internally for a re- much time remains? cians. We also have external appeals view. If they are unhappy with the re- The PRESIDING OFFICER. The Sen- that are decided by experts in the med- view decision, the internal review, they ator has 1 minute 12 seconds. ical community. So if his statement is have the right for a free and quick re- Mr. NICKLES. I will reserve 12 sec- correct, he should vote for our pro- view by an external panel. The goal of onds. posal. I encourage him to do so. our legislation is to ensure that people In a moment there will be a motion Mr. LOTT addressed the Chair. get the treatment they have been to table the Republican substitute. I The PRESIDING OFFICER. The ma- promised. hope our colleagues will vote against jority leader is recognized. Moreover, the decision of the outside that motion to table and then, hope- Mr. LOTT. Mr. President, has all reviewers is binding on the health plan fully, after that is not tabled, I will time expired? but not on the patient. If the patient is move to table the Kennedy amend- The PRESIDING OFFICER. Yes. still not satisfied, he or she retains the ment. Mr. LOTT. Mr. President, I move to right to sue in Federal or State court Mr. President, I will do so for a cou- table amendment No. 703 and ask for for attorneys’ fees, court costs, value ple of reasons. One, it doesn’t belong on the yeas and nays. of the benefit, and injunctive relief. the agriculture bill. I told my col- The PRESIDING OFFICER. Is there a Our bill places treatment decisions in leagues we are willing to come up with sufficient second? the hands of physicians, not trial law- a reasonable time agreement and a There is a sufficient second. yers. If your HMO denies you the treat- limited number of amendments to de- The yeas and nays were ordered. ment your doctor believes is medically bate this issue. It doesn’t belong on the The PRESIDING OFFICER. The necessary, you should not have to re- agriculture appropriations bill. question is on agreeing to the motion sort to a costly and lengthy court bat- There are other reasons to table the to table amendment No. 703. The yeas tle to get the care you need. You underlying Kennedy amendment. If you and nays have been ordered. The clerk should not have to hire a lawyer and want to increase health care costs, will call the roll. file an expensive lawsuit to get treat- that is what this bill does. It will in- The legislative assistant called the ment. crease health care costs 5 percent, in roll. Our approach contrasts with the ap- addition to the 6, 7, 8, 9 percent of The PRESIDING OFFICER (Mr. proach taken in the measure offered by health care inflation. You are going to BROWNBACK). Are there any other Sen- Senator KENNEDY. Their approach, have a 13 or 14-percent increase in ators in the Chamber desiring to vote? which I do not support, would encour- health care costs, which is going to in- The result was announced—yeas 45, age patients to sue health care plans. crease the number of uninsured prob- nays 55, as follows: You just can’t sue your way to quality ably by 1.5 million, maybe more. We [Rollcall Vote No. 181 Leg.] health care. We want to solve the prob- should not be passing legislation to put YEAS—45 lems upfront, when the care is needed, 1.5 million people into the uninsured Akaka Boxer Conrad not months or even years later, after category. That would be a serious mis- Baucus Breaux Daschle the harm has occurred. take. Bayh Bryan Dodd According to the GAO, it takes an The PRESIDING OFFICER. The time Biden Byrd Dorgan average of 33 months to resolve med- of the Senator has expired. Bingaman Cleland Durbin

VerDate jul 14 2003 14:17 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00069 Fmt 0686 Sfmt 0634 E:\BR99\S22JN9.002 S22JN9 June 22, 1999 CONGRESSIONAL RECORD—SENATE 13777 Edwards Kerry Murray Cleland Inouye Moynihan will threaten the jobs of Caterpillar’s Feingold Kohl Reed Conrad Johnson Murray 40,261 workers in the U.S. Feinstein Landrieu Reid Daschle Kennedy Reed Graham Lautenberg Robb Dodd Kerrey Reid I also do not think that this quota Harkin Leahy Rockefeller Dorgan Kerry Robb legislation will help the steel industry. Hollings Levin Sarbanes Durbin Kohl Rockefeller According to the Wall Street Journal, Inouye Lieberman Schumer Edwards Landrieu Sarbanes American steelmakers buy up to 25% of Johnson Lincoln Torricelli Feingold Lautenberg Schumer Kennedy Mikulski Wellstone Feinstein Leahy the steel coming into the United Specter Kerrey Moynihan Wyden Fitzgerald Levin States. The steel companies need to Torricelli Graham Lieberman Wellstone buy this steel to reach their highest ca- NAYS—55 Harkin Lincoln Wyden pacity of steel production. Weirton im- Abraham Frist Murkowski Hollings Mikulski ports close to 400,000 tons of slab a Allard Gorton Nickles The motion was agreed to. Ashcroft Gramm Roberts year. Bethlehem Steel imported at Bennett Grams Roth Mr. LOTT. Mr. President, I move to least 416,000 tons of steel last year. If Bond Grassley Santorum reconsider the vote, and I move to lay we shut off the necessary imports of Brownback Gregg Sessions that motion on the table. Bunning Hagel foreign steel to these companies, how Shelby The motion to lay on the table was Burns Hatch Smith (NH) can they keep American steel product Campbell Helms agreed to. Smith (OR) workers employed? Chafee Hutchinson Snowe Mr. LOTT. Mr. President, I suggest While I know that the steel industry Cochran Hutchison Specter Collins Inhofe the absence of a quorum. has been affected by the dumping of Coverdell Jeffords Stevens The PRESIDING OFFICER. The foreign steel in the U.S. market, I be- Craig Kyl Thomas clerk will call the roll. lieve that the proper steps have been Crapo Lott Thompson The legislative clerk proceeded to DeWine Lugar Thurmond taken to deal with this crisis. Since Domenici Mack Voinovich call the roll. January, 1999, 42 antidumping and Enzi McCain Warner Mr. LOTT. Mr. President, I ask unan- countervailing duty steel investiga- Fitzgerald McConnell imous consent that the order for the tions have been initiated or completed. The motion was rejected. quorum call be rescinded. As a result of just one of these anti- The PRESIDING OFFICER. The ma- The PRESIDING OFFICER. Without dumping cases, duties of between jority leader. objection, it is so ordered. 67.14% and 17.86% will be imposed on Mr. LOTT. Mr. President, I notify f select Japanese firms. These duties Senators that this will be the last vote will ensure that U.S. companies will tonight. Tomorrow at 9:30, we will re- STEEL IMPORT LIMITATION ACT have a better chance to compete. sume consideration of the agriculture Mr. MCCAIN. Mr. President, unfortu- That the existing process for han- appropriations bill which will be clean nately I was unable to vote on the clo- dling anti-dumping cases is working is of the Patients’ Bill of Rights. I urge ture petition on the motion to proceed proven by the recent statistics on steel Members to offer amendments to the to H.R. 975, the Steel Import Limita- imports. Total steel imports dropped agriculture appropriations bill as soon tion Act. If I was able, I would have 42% from August, 1998, to April, 1999. In as possible. I yield the floor. voted against cloture. This legislation fact, April, 1999, imports are actually 6% below steel imports in April, 1997. AMENDMENT NO. 702 will not achieve its desired purpose and will only hurt American workers and Imports of hot-rolled steel, which ac- Mr. LOTT. Mr. President, I move to count for 25 percent of all steel im- table amendment No. 702, and I ask for consumers. Some supporters of this legislation ports, fell 72% since the peak levels of the yeas and nays. November, 1998. Hot-rolled steel im- The PRESIDING OFFICER. Is there a have asserted that this bill is necessary to support the steel industry. I am ports from Japan, Russia, and Brazil sufficient second? fell almost 100% from November to There appears to be a sufficient sec- willing to do my part to ensure that America continues to have the most ef- April. It is no wonder that Secretary ond. Daley said in the Friday, June 18, The yeas and nays were ordered. ficient and competitive steel industry in the world. The domestic steel indus- Washington Post that ‘‘the steel crisis The PRESIDING OFFICER. The of ’98, in my opinion, is over.’’ Given try plays an important role in pro- question is on agreeing to the motion the decline in recent imports, there tecting our national security by ensur- to table amendment No. 702. The yeas seems to be no need for this legislation. ing that we will have enough steel to and nays have been ordered. The clerk These results, under existing law, were build ships, tanks, planes, and missiles will call the roll. attained in a manner fully consistent to protect the United States. Addition- The legislative clerk called the roll. with our obligations under the World ally, steel remains an important input The result was announced—yeas 53, Trade Organization. nays 47, as follows: in large sectors of our economy, includ- This leads me to a more important ing transportation equipment, fab- [Rollcall Vote No. 182 Leg.] point. We should not look at this legis- ricated metal products, industrial ma- YEAS—53 lation in only the narrow view of what chinery and construction. it will do for the steel industry. In- Abraham Frist McConnell However, this legislation is not writ- stead, we should see what it will do to Allard Gorton Murkowski ten to save domestic steel jobs, but in- Ashcroft Gramm Nickles the world economy. Bennett Grams Roberts stead will jeopardize American jobs. The past two years have been dev- Bond Grassley Roth For every 1 job that produces steel, 40 astating for many of our trading part- Brownback Gregg Santorum jobs in the downstream industries use Bunning Hagel ners. Most of Asia is slowly turning the Sessions steel. If Congress passes this quota leg- Burns Hatch Shelby corner back from the disaster of the Campbell Helms Smith (NH) islation, it will cause a shortage and Asian economic crisis. Just recently, Chafee Hutchinson Smith (OR) drastic increase in the price of steel Cochran Hutchison Japan announced a positive growth Snowe Collins Inhofe that will threaten the jobs of the 8 mil- rate of 1.9% after six successive quar- Coverdell Jeffords Stevens lion employees in steel-using indus- ters of contraction. Both Brazil and Ar- Craig Kyl Thomas tries. For example, Caterpillar, Inc. Thompson gentina have suffered from economic Crapo Lott uses a heavy special-section steel for DeWine Lugar Thurmond turmoil. In Europe, the Russian econ- Domenici Mack Voinovich bulldozer track-shoes. This steel is not omy remains a basket case. Germany, Enzi McCain Warner produced in the United States, so Cat- the former European economic power- NAYS—47 erpillar imports it from overseas to its house, grew a mere 0.4% in real terms, American plants. If we pass this quota Akaka Biden Breaux and is on the verge of recession. Baucus Bingaman Bryan legislation, Caterpillar will not be able The United States must be careful Bayh Boxer Byrd to import the steel it requires, which not to do anything that will plunge the

VerDate jul 14 2003 14:17 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00070 Fmt 0686 Sfmt 0634 E:\BR99\S22JN9.002 S22JN9 13778 CONGRESSIONAL RECORD—SENATE June 22, 1999 world into recession. If we were to pass interests on both sides of the steel combination of national political will and this non-WTO compliant legislation, quota issue that were only touched assistance from the international donor com- the likely result is that other countries upon earlier. Without question, this munity. We are at a critical juncture in the devel- will respond by limiting our products legislation is critically important to opment of the Dignity Plan. Having gained from their markets. The resulting those men and women involved in the broad based domestic support for our poli- trade wars could affect millions of steel industry who have suffered finan- cies, we now have to show our people that we workers and lead to economic and po- cially due to alleged steel dumping can provide more legitimate commercial litical turmoil. While some view such a practices. At the same time, this bill ventures as alternatives to coca in order to result as extreme, we all should re- could also have a profound effect on keep them from returning to coca planting member that the Smoot-Hawley tariff this country’s trade policy and count- in the future. It would be a profound tragedy for Bolivia and for the consumer nations if, legislation started a similar series of less other American industries’ rela- after scud successful eradication, we were trade wars in the early 1930s that di- tionships with our foreign trading part- unable to hold the progress gained. The Bo- rectly corresponded to the rise of Hit- ners. livian people are willing to leave the illegal ler and the origins of World War II. Understanding that these are cursory narcotics circuit if we can show them that Some would urge us to pass this leg- assessments of the deeper substance of feasible commercial alternatives exist. islation with the hopes that it will this bill, I present them simply to un- Where we have accomplished this, re-plant- emasculate the WTO. I can only tell derscore the need to discuss the bill at ing rates are at historical lows and our sys- you how much I regret this short-sight- greater length, to emphasize the im- tem of community—based compensation (as opposed to individual compensation) pro- ed view. The United States, more than portance of allowing Senators the op- vides the best incentives for keeping our any other country, created today’s portunity to articulate their specific farmers in legitimate agricultural enter- trading system based on the principles concerns and positions on this legisla- prises. of free trade. It was developed after tion. This was not a vote on final pas- Proud as we are of our record, we know witnessing how the trade wars of the sage or a vote to support this bill in its that the most difficult work lies ahead. We 1930s led to the worldwide calamity of current form. Rather, it was a vote to must maintain historic levels of eradication while dramatically enhancing our Alter- World War II. The United States has move forward and fully consider this native Development efforts to ensure that pursued a trade policy based on open legislation and amendments to it. Re- this eradication holds. For these reasons we markets for more than 50 years under gardless of one’s opinion on the impact are turning to the international donor com- both Republican and Democratic lead- of this legislation, it deserved the munity, and especially to the United States. ership. We should not allow misguided chance to be considered and debated I must be candid in stating, however, that politics to destroy all of the gains that completely and fairly. the levels of counter-narcotics and alternative development funding which have re- we fought so hard to achieve, precisely f when we are reaping the benefits of cently been proposed for Bolivia, will fall THE GOVERNMENT OF BOLIVIA’S well short of our needs. these policies. COUNTERNARCOTICS PROGRAM In February of this year I visited Wash- Instead, the United States, which has ington to present a comprehensive budget for the strongest economy in the world, Mr. LOTT. As the Senate moves to- the last years of our Dignity Plan. This fig- should try to use its leverage to con- ward consideration of the Foreign Op- ure of $384 million from the United States tinue to open markets. We should open erations Appropriations Act for Fiscal (coupled with our own contributions and the November WTO Ministerial as the Year 2000, I want to note the signifi- those from Europe) across four years rep- champions of competition and open cant efforts being made by the Govern- resents our best estimates of waht will be re- ment of Bolivia in its counternarcotics quired to move our country out of the inter- markets, not hiding behind a wall of national narcotics circuit. As a former Fi- quotas and tariffs. We in Congress program. Since taking office in August, nance Minister I understand and respect the should do our part to ensure that the 1997, the government of Hugo Banzer need for fiscal discipline and I know that the United States remains in its position of has reduced Bolivia’s cocaine produc- United States Congress is struggling with its world leadership. Instead of debating tion potential by a remarkable 40 per- own budget priorities for the coming years. I this ill-advised quota bill, we should be cent. This is historic progress, which I would point out, however, that we have a passing fast track authority for the hope will be emulated by other nations once-in-a generation opportunity to com- President. The President needs this au- in the region. I ask unanimous consent pletely win a battle, in Bolivia, in the worldwide war against drugs. If we fail to meet to have printed in the RECORD a letter thority to continue to make agree- this challenge it may take us decades to ar- ments to knock down foreign barriers I received from the Vice President of rive at this point again as the credibility of to American goods. Additionally, we Bolivia, Mr. Jorge Quiroga Ramirez, counter narcotics programs will suffer. should pass legislation to grant which discusses the Bolivian Govern- I would like to again ask your help and NAFTA parity to our Caribbean allies ment’s plans and seeks continued support in locating the resources needed for and to give trade incentives to help Af- American assistance in its counter- complete funding of the Dignity Plan re- rica grow and prosper. My hope is that narcotics efforts. quest. With the proper levels of assistance There being no objection, the letter we can soon celebrate with the United States after we reject this current legislation, the day when my country is out of the drug we can start debating real progress in was ordered to be printed in the circuit entirely and Bolivian based cocaine trade policy and how we can eliminate RECORD, as follows: no longer plagues the streets of our coun- barriers to foreign goods to ensure that PRESIDENCIA DEL CONGRESO NA- tries. The war on drugs needs its first vic- our citizens continue to prosper into TIONAL, VICEPRESIDENCIA-DE LA tory. With your help Bolivia can be that vic- the 21st Century. REPUBLICA, tory. In conclusion, I congratulate my col- La Paz, May 24, 1999. Thank you for your support and consider- leagues who voted against cloture on Hon. TRENT LOTT, ation. Majority Leader, U.S. Senate, Washington, DC. Sincerely, the motion to proceed to this legisla- DEAR SIR: I am writing to ask your help in JORGE F. QUIROGA R., tion. We will now begin the next global addressing Bolivia’s counter-narcotics needs Vicepresident of the Republic of Bolivia, century not hiding behind barriers, but in the coming Fiscal Year. As you are aware President of the National Congress. continuing the fight for open markets the government of President Banzer has em- f and prosperity. barked on an ambitious program (the Dig- Mr. DODD. Mr. President, I would nity Plan) to end our country’s involvement RETIREMENT OF GENERAL like to take a few brief moments to in the illegal drug trade by the time we leave CHARLES KRULAK comment on the cloture vote that just office in 2002. To date, the Dignity Plan has Mr. INOUYE. Mr. President, today I produced impressive results. In just twenty— would like to recognize the out- occurred regarding H.R. 975, the Steel one months we have successfully eradicated Import Limitation bill. close to 40% of coca crops that go into mak- standing service to our nation of Gen- As has been noted by several of my ing cocaine, and we are on target to meet eral Charles Krulak, Commandant of colleagues this afternoon, this was a our goal of a drug-free Bolivia by 2002. Our the Marine Corps who is about to re- difficult vote. There exist compelling success thus far has been achieved through a tire. General Krulak is completing 35

VerDate jul 14 2003 14:17 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00071 Fmt 0686 Sfmt 0634 E:\BR99\S22JN9.002 S22JN9 June 22, 1999 CONGRESSIONAL RECORD—SENATE 13779 years of active service in the Marine was promoted to Major General and as- lovely wife, Zandi well in their retire- Corps since he graduated from the U.S. signed to the Marine Corps Combat De- ment. We will sorely miss them. Naval Academy in 1964. During his velopment Command at Quantico, Vir- In addition to expressing our fond service, the General obtained a Masters ginia. One year later, he was promoted farewell to General Krulak, I want to Degree in Labor Relations from George to Lieutenant General. This was fol- take this opportunity to welcome the Washington University. He is also a lowed by a transfer to Hawaii and as- 32nd Commandant of the Marine Corps, graduate of the Amphibious Warfare signment as Commander, Marine General James L. Jones. General Jones School, the Army Command and Gen- Forces Pacific. It was in this role that is no stranger to the U.S. Senate. He eral Staff College, and the prestigious I became personally acquainted with served here in the U.S. Marine Corps National War College. this Marine’s remarkably high degree Liaison office from August 1979 until General Krulak’s illustrious career of professionalism. Four years ago, July 1984. I am confident General Jones included command of a platoon and General Krulak became the 31st Com- will serve our nation as Commandant two rifle companies during two tours of mandant of the Marine Corps, during in a comparable manner as his prede- duty in the Vietnam conflict. He has which he led our Marines admirably cessor. Welcome aboard General Jones. been a battalion commander, Com- and set a high degree of profes- manding General of a Marine Expedi- sionalism not only in basic training, f tionary Brigade, and the Assistant Di- but also throughout the entire Marine CHANGES TO THE BUDGETARY AG- vision Commander of the 2nd Marine Corps. He established, demanded and GREGATES AND APPROPRIA- Division located at Camp Lejeune, obtained a high degree of moral con- TIONS COMMITTEE ALLOCATION North Carolina. He later was assigned duct from his Marines as a direct result duties as the Commanding General of of his exemplary leadership. However, Mr. DOMENICI. Mr. President, sec- the 6th Marine Expeditionary Group the General’s positive attributes do not tion 314(b)(4) of the Congressional and Commanding General of the 2nd stop there. He has demonstrated a re- Budget Act, as amended, requires the Force Service Support Group. He markable ability to visualize and plan chairman of the Senate Budget Com- served as the Commanding General of for the weapons, equipment, doctrine, mittee to adjust the appropriate budg- this Force Service Support Group dur- tactics, and techniques the Marine etary aggregates and the allocation for ing Operation Desert Storm in the Per- Corps will be using for decades ahead. the Appropriations Committee to re- sian Gulf. In addition to these com- It is an honor for me to recognize the flect an amount provided for arrear- mand assignments, General Krulak’s high quality of leadership this General ages for international organizations, professional career has included a wide has given our Marines these past four international peacekeeping, and multi- variety of other command and staff as- years. Our nation has been fortunate in lateral development banks. signments including a tour of duty in having him as Commandant of the Ma- I hereby submit revisions to the 2000 the Office of the Secretary of Defense rine Corps. Senate Appropriations Committee allo- and the White House. I know the members of the Senate cations, pursuant to section 302 of the In June 1989, General Krulak received will join me in paying tribute to Gen- Congressional Budget Act, in the fol- his first star and, three years later, he eral Krulak and wishing him and his lowing amounts:

Budget authority Outlays

Current Allocation: General purpose discretionary ...... 533,652,000,000 543,958,000,000 Violent crime reduction fund ...... 4,500,000,000 5,554,000,000 Highways ...... 24,574,000,000 Mass transit ...... 4,117,000,000 Mandatory ...... 321,502,000,000 304,297,000,000 Total ...... 859,654,000,000 882,500,000,000

Adjustments: General purpose discretionary ...... +319,000,000 +9,000,000 Violent crime reduction fund ...... Highways ...... Mass transit ...... Mandatory ...... Total ...... +319,000,000 +9,000,000

Revised Allocation: General purpose discretionary ...... 533,971,000,000 543,967,000,000 Violent crime reduction fund ...... 4,500,000,000 5,554,000,000 Highways ...... 24,574,000,000 Mass transit ...... 4,117,000,000 Mandatory ...... 321,502,000,000 304,297,000,000 Total ...... 859,973,000,000 882,509,000,000

I hereby submit revisions to the 2000 311 of the Congressional Budget Act, in budget aggregates, pursuant to section the following amounts:

Budget authority Outlays Deficit

Current Allocation: Budget Resolution ...... 1,428,601,000,000 1,415,340,000,000 ¥7,258,000,000 Adjustments: Arrearages ...... +319,000,000 +9,000,000 ¥9,000,000 Revised Allocation: Budget Resolution ...... 1,428,920,000,000 1,415,349,000,000 ¥7,267,000,000

KOSOVO Allied Force. I had reservations in sup- stretch of the truth, at best. This mis- Mr. CRAIG. Mr. President, today I porting this resolution, but ultimately sion represented a complete failure of rise to speak about a resolution related decided to do so because it provided an the Clinton administration’s foreign to Kosovo which was brought before opportunity to honor the men and policy. This resolution also implies the Senate late last Thursday evening women in uniform who put their lives that the book has been closed on and adopted by unanimous consent. on the line for this dangerous cause. Kosovo, and peace will reign in the Bal- This concurrent resolution com- However, to term this operation a kans. I do not think it is necessary to mends the President and the Armed success, either now or in the foresee- remind the Senate of the bloody and Forces for the ‘‘success’’ of Operation able future, is an unconscionable tumultuous history of the region, or

VerDate jul 14 2003 14:17 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00072 Fmt 0686 Sfmt 0634 E:\BR99\S22JN9.002 S22JN9 13780 CONGRESSIONAL RECORD—SENATE June 22, 1999 the uncertainty of the future. And it ble Russian and Korean Peninsula, and ment defines as the Near East. Our certainly is not appropriate to mislabel the growing proliferation threat close ally Israel is often the target of this foreign policy mishap as a success. around the world without the burden of terrorist groups operating in the Mid- The failure of the administration’s regional peace-keeping, or other hu- dle East, and the deaths of Americans policy was apparent from the negotia- manitarian missions which have noth- due to terrorist attacks in Israel has tions at Rambouillet. It was one-sided ing to do with preserving the terri- been of particular concern to me. from the beginning and Secretary torial integrity of members. My amendment to the State Depart- Albright made no secret where the ad- I point out these facts not to lessen ment Authorization bill simply re- ministration’s loyalties lay: ‘‘If the the impact of the human tragedy that quires the State Department to com- Serbs are the cause of the breakdown, occurred in Yugoslavia before the pile a report on U.S. citizens who have we’re going to go forward with the bombing began, or to lessen the respon- been killed in terrorist attacks in NATO decision to carry out air sibility of Milosevic’s role in that trag- Israel or in territory controlled by the strikes,’’ she threatened. It was edy. However, I feel compelled to raise Palestinian Authority. The report will NATO’s way, or no way. It is little this issue in the Senate today because include a list of terrorist attacks in wonder an agreement was not reached. it is premature to hail the Kosovo which U.S. citizens were killed and in- The arrangement provided no preserva- agreement as a success. Today, the formation on the groups of individuals tion of national sovereignty for Yugo- Balkans are far less stable than when responsible for the attack. The where- slavia. NATO troops would have been the operation began on march 24. The abouts of suspects implicated in the at- authorized ‘‘free and unrestricted pas- lesson to be learned from this oper- tacks, whether each suspect has been sage and unimpeded access throughout ation should not be that good inten- incarcerated or incarcerated and re- the FRY [Federal Republic of Yugo- tions are good reasons for foreign pol- leased, the status of each case pending slavia].’’ There was also no guarantee, icy whims, particularly when those against each suspect, whether the and indeed evidence to the contrary, whims risk the lives of our men and State Department has offered any re- that Yugoslavia’s sovereignty and ter- women in uniform. ward for these terrorist suspects, and ritorial integrity would remain intact The brave men and women of the an overview of U.S. efforts to inves- after NATO troops rolled into the Armed Forces deserve the praise and tigate and apprehend these suspects country. The United States took sides thanks of a grateful nation for serving are particular points of concern my in the negotiations, and then wondered with distinction and honor. I whole- amendment addresses. why the Serbs refused to sign the pro- heartedly join the Senate in thanking Since the signing of Oslo in 1993, at posed agreement. the members of the Armed Forces who least 12 American citizens have been Equally harmful to the peace process served in the campaign in the Balkans. killed in terrorist attacks in Israel or was the lack of historical under- However, I am not ready to endorse territory controlled by the Palestinian standing with which the administra- this ill-conceived mission as a victory Authority: Nachson Wachsman, Joan tion engaged in the negotiations. for the United States or NATO. In- Davenny, Leah Stern, Yael Botwin, Kosovo is the site of key historical and stead, this mission ought to go down in Yaron Unger, Sara Duker, Matthew religious monuments for the Serbs. the history books as a lesson in what Eisenfeld, Ira Weinstein, Alisa Flatow, However, the President and Secretary foreign policy blunders should be David Boim, Daniel Frei, and Yitzchak failed to recognize this fundamental avoided in the future. Weinstock. fact. It was both arrogance and short- To recover from this blunder, the Responsibility for almost all of these sightedness which allowed the adminis- President must provide a comprehen- murders has been claimed by Hamas or tration to proceed on this flawed sive post-war plan for the region. Palestinian Islamic Jihad, two ter- course to disaster. I do not claim to be Bringing true peace to Kosovo will de- rorist groups supported by Iran and a scholar of the region myself; how- pend on the development of a stable Syria and dedicated to the destruction ever, I am not arrogant enough to be- balance of power on the ground. What- of Israel. lieve one can solve centuries-old con- ever course of action is pursued by the Terrorism’s toll on Israel has been flicts with three nights of an air cam- administration, it must be one that ul- high as well. Since the beginning of the paign, as the administration originally timately would help the United States Oslo process in 1993, Israel has lost anticipated. and its NATO allies to reduce their more than 280 of its citizens to ter- The administration ‘‘policy’’ was military commitments in the Balkans, rorist violence in over 1,000 terrorist nothing more than a policy du jour. At and avoid entangling the United States attacks (a portion of the Israeli popu- first, the goal of the air strikes was to and the Alliance in another Kosovo in lation comparable to 15,000 Americans). bring Milosevic to the negotiating the future. Jean-Claude Niddam of the Israeli table. Next, the strikes were to harm f Ministry of Justice testified before the Serb military might. Then strikes were Senate Appropriations Foreign Oper- to force a complete Serb withdrawal U.S. CITIZENS KILLED IN ACTS OF ations Subcommittee on March 25, 1999, from Kosovo. Regardless of what the TERRORISM and gave an overview of the difficulties strikes were supposed to do, they were Mr. ASHCROFT. The defense of related to prosecuting suspects impli- never part of a methodical, strategic American citizens is the highest duty cated in the murder of U.S. citizens. plan. Instead, they were a knee-jerk re- of our government. That duty is ful- First, Mr. Niddam notes that terror- action to daily events. filled not only by protecting Americans ists suspected of killing Americans Perhaps most disconcerting is the po- at home, but U.S. citizens when they have found shelter in the Palestinian tential damage the operation may have are abroad. This nation is a city on a Authority. For the last 4 years, Israel inflicted on the NATO alliance. This hill, and our stand against oppression has submitted almost 40 official re- mission marked the first time in the 50 often has made us a target for those quests to the Palestinian Authority to years of the alliance’s history that it dark forces of violence and tyranny in transfer suspects implicated in ter- was involved in an operation that had the world. Terrorism is and will con- rorism against Israelis and Americans, nothing to do with defending the terri- tinue to be a principal weapon of those but has yet to receive a reply. Out of 38 torial integrity of one of its members. who would seek to threaten the United requests to arrest and transfer ter- The operation should be proof positive States and all for which our country rorist suspects, only 12 suspects are about the dangers of a ‘‘new strategic stands. currently under arrest and 7 are serv- concept’’ that would expand NATO’s The Middle East is the region of the ing or served until recently in the Pal- missions beyond territorial self-defense world with the greatest amount of ter- estinian police force. to peacekeeping arenas outside its bor- rorist activity. Five of the seven state Mr. Niddam’s testimony focused on ders. NATO maintains a hefty burden sponsors of terrorism are located in or eight terrorist suspects involved in ter- in protecting members from an unsta- border on the region the State Depart- rorist attacks against Americans.

VerDate jul 14 2003 14:17 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00073 Fmt 0686 Sfmt 0634 E:\BR99\S22JN9.002 S22JN9 June 22, 1999 CONGRESSIONAL RECORD—SENATE 13781 Three of these suspects have been de- know they will suffer for attacking MEASURE PLACED ON THE tained by the Palestinian Authority. Americans, they will be less likely to CALENDAR One of those imprisoned, Imjad Hinawi, engage in such violence. President Rea- The following bill was read the sec- confessed in a Palestinian court to the gan’s response to Libyan terrorism ond time and placed on the calendar: murder of David Boim. The confession quieted that government for over a S. 1256. A bill entitled ‘‘Patients Bill of was witnessed by a U.S. embassy offi- decade. Rights.’’ cial present at the trial. If there is a While we cannot prevent violence f good reason why the Administration against every American abroad, we can has not indicted Mr. Hinawi, it is the ensure that terrorists who attack U.S. EXECUTIVE AND OTHER time for a clear explanation. citizens are pursued relentlessly. I call COMMUNICATIONS Another suspect, Ibrahim Ghanimat, on the administration to wage a more The following communications were linked to the shooting deaths of Yaron aggressive campaign against terrorists laid before the Senate, together with Unger and his wife Efrat, spends his who have killed Americans, and this accompanying papers, reports, and doc- nights in prison but is free to come and report will give Congress the ability to uments, which were referred as indi- go during the day. Adnan al-Ghul, review the administration’s efforts cated: Yusuf Samiri, and Mohammad Dief, more effectively. I thank Senator EC–3852. A communication from the Direc- three other suspects involved in the HELMS and Senator BIDEN for their as- tor, Fish and Wildlife Service, Department of killings of Americans, are all at large. sistance with this amendment. the Interior, transmitting, pursuant to law, Nafez Sabi’h was implicated in a bomb- f the report of a rule entitled ‘‘Final Rule to Delist the Plant ’Echinocerus lloydii’ ing that killed three Americans, but EXPLANATION OF ABSENCE was believed to be serving in the Pales- (Lloyd’s Hedgehog Cactus)’’, received June 18, 1999; to the Committee on Environment tinian police force until several Mr. DODD. Mr. President, on Thurs- day, June 17, 1999 and Friday June 18, and Public Works. months ago. EC–3853. A communication from the Direc- In recent years, other suspects impli- 1999, I was not present during Senate action on rollcall vote No. 174, a motor, Office of Regulatory Management and cated in the murder of American citi- Information, Office of Policy, Planning and zens have served in the Palestinian po- tion to table Senator MCCAIN’s amend- Evaluation, Environmental Protection Agen- lice force. In July 1998, the Israeli Gov- ment No. 685; rollcall vote No. 175, a cy, transmitting, pursuant to law, the report motion to table Senator MURKOWSKI’s ernment released a report stating that of a rule entitled ‘‘Approval and Promulga- amendment No. 686; and rollcall vote four terrorist suspects involved in the tion of Air Quality Implementation Plans; No. 176, H.R. 1664, the Emergency Steel, Revised Format for Materials Being Incor- February 1996 Jerusalem bus bombing, and Oil and Gas Loan Guarantee Act. porated by Reference for Missouri’’ (FRL in which three American citizens were Yesterday, I was not present during #6364–3), received June 18, 1999; to the Com- killed, were serving in Palestinian se- Senate action on rollcall vote No. 177, mittee on Environment and Public Works. curity forces. EC–3854. A communication from the Direc- Senator SARBANE’s amendment to S. A climate conducive to terrorism is tor, Office of Regulatory Management and 886, the State Department reauthoriza- the most serious threat to a lasting Information, Office of Policy, Planning and tion bill. During these times, I was in peace settlement in the Middle East. Evaluation, Environmental Protection Agen- Connecticut attending to matters re- When Abul Abbas, the hijacker of the cy, transmitting, pursuant to law, the report lated to my marriage on June 18, 1999, of a rule entitled ‘‘Technical and Procedural Achille Lauro, lives freely in Gaza and to Jackie M. Clegg. Amendments to TSCA Regulations-Disposal is a close associate of Yasser Arafat; Had I been present for these votes, I of Polychlorinated Biphenyls (PCBs)’’ (FRL when the Palestinian Authority’s offi- would have voted aye in each case. #6072–4), received June 18, 1999; to the Com- cial media arm, the Palestinian Broad- mittee on Environment and Public Works. casting Corporation, airs programming f EC–3855. A communication from the Direc- which teaches Palestinian children to THE VERY BAD DEBT BOXSCORE tor, Defense Procurement, Department of Defense, transmitting, pursuant to law, the hate Israelis; when terrorist suspects Mr. HELMS. Mr. President, at the are given positions in the Palestinian report of a rule entitled ‘‘Contract Actions close of business yesterday, Monday, for Leased Equipment’’ (DFARS Case 99– security forces—genuine peace is un- June 21, 1999, the federal debt stood at D012), received June 16, 1999; to the Com- dermined and U.S. interests endan- $5,589,358,011,973.65 (Five trillion, five mittee on Armed Services. gered in the Middle East. hundred eighty-nine billion, three hun- EC–3856. A communication from the Assist- It is time for the United States to get dred fifty-eight million, eleven thou- ant Attorney General, Office of Justice Pro- serious about defending its own. Presi- sand, nine hundred seventy-three dol- grams, Department of Justice, transmitting, dent Clinton promised that no quarter lars and sixty-five cents). pursuant to law, the report of a rule entitled would be given to terrorists who killed Five years ago, June 21, 1994, the fed- ‘‘Timing of Police Corps Reimbursements of 12 Americans in the Africa embassy Educational Expenses’’ (RIN1121–AA50) eral debt stood at $4,594,505,000,000 (OJP–1205), received June 18, 1999; to the bombings in August 1998. But I fear (Four trillion, five hundred ninety-four Committee on the Judiciary. this administration has not been pur- billion, five hundred five million). EC–3857. A communication from the Acting suing aggressively terrorist suspects Ten years ago, June 21, 1989, the fed- Executive Director, Commodity Futures implicated in the murder of a similar eral debt stood at $2,782,728,000,000 (Two Trading Commission, transmitting pursuant number of Americans in Israel. trillion, seven hundred eighty-two bil- to law, the report of a rule entitled ‘‘Per- Recent testimony by top administra- lion, seven hundred twenty-eight mil- formance of Certain Functions by National tion officials does not indicate that our lion). Futures Association With Respect to Those resolve to prosecute these cases is Fifteen years ago, June 21, 1984, the Foreign Firms Acting in the Capacity of a Futures Commission Merchant,’’ received strengthening. Martin Indyk, Assistant federal debt stood at $1,510,017,000,000 June 16, 1999; to the Committee on Agri- Secretary of State for the Near East, (One trillion, five hundred ten billion, culture, Nutrition, and Forestry. was called to testify before the Senate seventeen million). EC–3858. A communication from the Acting Appropriations Committee last March Twenty-five years ago, June 21, 1974, Executive Director, Commodity Futures on terrorism against U.S. citizens, but the federal debt stood at $470,147,000,000 Trading Commission, transmitting, pursuant his written testimony did not even dis- (Four hundred seventy billion, one to law, the report of a rule entitled ‘‘Fees for cuss these cases or what the State De- hundred forty-seven million) which re- Applications for Contract Market Designa- partment is doing to resolve them. flects a debt increase of more than $5 tions’’, received June 16, 1999; to the Com- George Washington once said that if trillion—$5,119,211,011,973.65 (Five tril- mittee on Agriculture, Nutrition, and For- we desire to avoid insult, we must be lion, one hundred nineteen billion, two estry. EC–3859. A communication from the Ad- able to repel it. A credible defense de- hundred eleven million, eleven thou- ministrator, Agricultural Marketing Serv- ters aggression and war, and a similar sand, nine hundred seventy-three dol- ice, Department of Agriculture, transmit- principle is at work in meeting the lars and sixty-five cents) during the ting, pursuant to law, the report of a rule en- threat of terrorism today. If terrorists past 25 years. titled ‘‘Program to Assess Organic Certifying

VerDate jul 14 2003 14:17 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00074 Fmt 0686 Sfmt 0634 E:\BR99\S22JN9.002 S22JN9 13782 CONGRESSIONAL RECORD—SENATE June 22, 1999 Agencies’’ (LS–99–04), received June 18, 1999; a report entitled ‘‘Federal Sector Report on suant to law, a report relative to head- to the Committee on Agriculture, Nutrition, EEO Complaints and Appeals’’ for fiscal year quarters staffing in the DoD; to the Com- and Forestry. 1997; to the Committee on Health, Education, mittee on Armed Services. EC–3860. A communication from the Legal Labor, and Pensions. EC–3881. A communication from the Sec- Counsel, Office of Engineering and Tech- EC–3871. A communication from the Spe- retary of the Navy, transmitting, pursuant nology, Federal Communications Commis- cial Assistant to the Bureau Chief, Mass to law, a report relative to inventory prac- sion, transmitting, pursuant to law, the re- Media Bureau, Federal Communications tices for the acquisition and distribution of port of a rule entitled ‘‘Reallocation of TV Commission, transmitting, pursuant to law, secondary supply items; to the Committee Channels 60–69, the 746–806 MHz Band’’ (ET the report of a rule entitled ‘‘Amendment of on Armed Services. Docket No. 97–157) (FCC 98–261), received Section 73.202(b) of the Commission’s Rules, EC–3882. A communication from the Spe- June 18, 1999; to the Committee on Com- Table of Allotments, FM Broadcast Stations cial Assistant to the Chief, Mass Media Bu- merce, Science, and Transportation. (Sibley, Iowa and Brandon, South Dakota)’’ reau, Federal Communications Commission, EC–3861. A communication from the Legal (MM Docket No. 96-66), received June 18, transmitting, pursuant to law, the report of Counsel, Office of Engineering and Tech- 1999; to the Committee on Commerce, a rule entitled ‘‘Amendment of Section nology, Federal Communications Commis- Science, and Transportation. 73.202(b), Table of Allotments; FM Broadcast sion, transmitting, pursuant to law, the re- EC–3872. A communication from the Spe- Stations Ironton and Salem, Missouri’’ (MM port of a rule entitled ‘‘Allocation of Spec- cial Assistant to the Bureau Chief, Mass Docket No. 99–71), received June 21, 1999; to trum at 2 GHz for Use by the Mobile-Sat- Media Bureau, Federal Communications the Committee on Commerce, Science, and ellite Service’’ (ET Docket No. 95–18) (FCC Commission, transmitting, pursuant to law, Transportation. 98–309), received June 18, 1999; to the Com- the report of a rule entitled ‘‘Amendment of EC–3883. A communication from the Spe- mittee on Commerce, Science, and Transpor- Section 73.202(b)Table of FM Allotments, FM cial Assistant to the Chief, Mass Media Bu- tation. Broadcast Stations Joliet, Montana, Eden, reau, Federal Communications Commission, EC–3862. A communication from the Ad- Texas, Lockwood, Montana, Florence, Mon- transmitting, pursuant to law, the report of ministrator, Foreign Agricultural Service, tana, Perry, Florida, Ashland, Wisconsin and a rule entitled ‘‘Amendment of Section Department of Agriculture, transmitting, Belt, Montana’’ (MM Docket Nos. 99-12, 99-16, 73.202(b), Table of FM Allotments; FM Broad- pursuant to law, the report of a rule entitled 99-19, 99-20, 99-21, 99-22, and 99-17), received cast Stations Reno, Texas, Fort Benton, ‘‘Adjustment of Appendices to the Dairy Tar- June 21, 1999; to the Committee on Com- Montana and Fairfield, Montana’’ (MM iff-Rate Import Quota Licensing Regulation merce, Science, and Transportation. Docket Nos. 99–62, 99–60, 99–59), received June for the 1999 Tariff-Rate Quota Year’’ (7 CFR EC–3873. A communication from the Spe- 21, 1999; to the Committee on Commerce, Part 6), received June 18, 1999; to the Com- cial Assistant to the Bureau Chief, Mass Science, and Transportation. mittee on Agriculture, Nutrition, and For- Media Bureau, Federal Communications EC–3884. A communication from the Spe- estry. Commission, transmitting, pursuant to law, cial Assistant to the Chief, Mass Media Bu- EC–3863. A communication from the Ad- the report of a rule entitled ‘‘Amendment of reau, Federal Communications Commission, ministrator, Foreign Agricultural Service, Section 73.202(b)Table of FM Allotments; FM transmitting, pursuant to law, the report of Department of Agriculture, transmitting, Broadcast Stations Kerrville, Leakey and a rule entitled ‘‘Review of the Commission’s pursuant to law, the report of a rule entitled Mason, Texas (MM Docket No. 97-244), re- Rules regarding the main studio and public ‘‘Programs to Help Develop Foreign Markets ceived June 21, 1999; to the Committee on file of broadcast television and radio sta- for Agricultural Commodities (Foreign Mar- Commerce, Science, and Transportation. tions’’ (MM Docket No. 97–138), received June ket Development Cooperator Programs)’’ (7 EC–3874. A communication from the Chair- 18, 1999; to the Committee on Commerce, CFR Part 1550), received June 18, 1999; to the man, Federal Election Commission, trans- Science, and Transportation. Committee on Agriculture, Nutrition, and mitting, pursuant to law, a report relative to EC–3885. A communication from the Legal Forestry. the receipt and use of funds by candidates Advisor, Cable Services Bureau, Federal EC–3864. A communication from the Assist- who accepted public financing for the 1996 Communications Commission, transmitting, ant Secretary for Management and Chief Fi- Presidential Primary and General Elections; pursuant to law, the report of a rule entitled nancial Officer, Department of the Treasury, to the Committee on Rules and Administra- ‘‘Report and Order in the Matter of Imple- transmitting, pursuant to law, a report rel- tion. mentation of Section 703(e) of the Tele- ative to a vacancy in the Office of Inspector EC–3875. A communication from the Execu- communications Act of 1996; Amendment of General; to the Committee on Finance. tive Director, Committee for Purchase from the Commission’s Rules and Policies Gov- EC–3865. A communication from the Assist- People who are Blind or Severely Disabled, erning Pole Attachments’’ (CS Docket No. ant Legal Adviser for Treaty Affairs, Depart- transmitting, pursuant to law, the report of 97–151) (FCC 98–20), received June 18, 1999; to ment of State, transmitting, pursuant to a rule entitled ‘‘Additions to and Deletions the Committee on Commerce, Science, and law, the report of the texts and background from the Procurement List’’, received June Transportation. statements of international agreements, 21, 1999; to the Committee on Governmental EC–3886. A communication from the Legal other than treaties; to the Committee on Affairs. Advisor, Cable Services Bureau, Federal Foreign Relations. EC–3876. A communication from the Sec- Communications Commission, transmitting, EC–3866. A communication from the Under retary of Commerce, transmitting, pursuant pursuant to law, the report of a rule entitled Secretary of Defense, transmitting pursuant to law, the report of the Office of Inspector ‘‘Order on Reconsideration and Second Re- to law, the report of a violation of the General for the period October 1, 1998, port and Order in the Matter of Definition on Antideficiency Act, case number 96-04; to the through March 31, 1999 and the report on Markets for Purposes of the Cable Television Committee on Appropriations. final action taken on the Inspector General Broadcast Signal Carriage Rules’’ (CS Dock- EC–3867. A communication from the Under audits; to the Committee on Governmental et No. 95–178) (FCC 99–116), received June 18, Secretary of Defense, transmitting pursuant Affairs. 1999; to the Committee on Commerce, to law, the report of a violation of the EC–3877. A communication from the In- Science, and Transportation. Antideficiency Act, case number 95-10; to the spector General, General Services Adminis- EC–3887. A communication from the Pro- Committee on Appropriations. tration, transmitting, pursuant to law, the gram Analyst, Office of the Chief Counsel, EC–3868. A communication from the Assist- Audit Report Register for the period October Federal Aviation Administration, Depart- ant Secretary, Legislative Affairs, Depart- 1, 1998 to March 31, 1999; to the Committee on ment of Transportation, transmitting, pur- ment of State, transmitting, pursuant to Governmental Affairs. suant to law, the report of a rule entitled law, a report relative the incidental capture EC–3878. A communication from the Chair- ‘‘Airworthiness Directives: Cessna Aircraft of sea turtles in commercial shrimping oper- man and the General Counsel, National Company Models 206H and T206H Airplanes; ations; to the Committee on Commerce, Labor Relations Board, transmitting jointly, Request for Comments; Docket No. 99–CE–23 Science, and Transportation. pursuant to law, the report of the Office of (6–18/6–21)’’ (RIN2120–AA64) (1999–0249), re- EC–3869. A communication from the Acting Inspector General for the period October 1, ceived June 21, 1999; to the Committee on Under Secretary, Rural Development, De- 1998, through March 31, 1999, and comments Commerce, Science, and Transportation. partment of Agriculture, transmitting, pur- on the report; to the Committee on Govern- EC–3888. A communication from the Pro- suant to law, the report of a rule entitled mental Affairs. gram Analyst, Office of the Chief Counsel, ‘‘Guaranteed Rural Rental Housing Service’’ EC–3879. A communication from the Assist- Federal Aviation Administration, Depart- (RIN0575-AC14), received June 14, 1999; to the ant Secretary of the Army (Civil Works), ment of Transportation, transmitting, pur- Committee on Agriculture, Nutrition, and transmitting, pursuant to law, a report rel- suant to law, the report of a rule entitled Forestry. ative to the Potomac River, Washington, ‘‘Establishment of Class E Airspace; Taylor, EC–3870. A communication from the Acting D.C.; to the Committee on Environment and AZ; Docket No. 97–AWP–2 (6–21/6–21)’’ Director of Communications and Legislative Public Works. (RIN2120–AA66) (1999–0203), received June 21, Affairs, Equal Employment Opportunity EC–3880. A communication from the Dep- 1999; to the Committee on Commerce, Commission, transmitting, pursuant to law, uty Secretary of Defense, transmitting, pur- Science, and Transportation.

VerDate jul 14 2003 14:17 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00075 Fmt 0686 Sfmt 0634 E:\BR99\S22JN9.002 S22JN9 June 22, 1999 CONGRESSIONAL RECORD—SENATE 13783 EC–3889. A communication from the Pro- EC–3897. A communication from the Direc- INTRODUCTION OF BILLS AND gram Analyst, Office of the Chief Counsel, tor, Office of Congressional Affairs, Office of JOINT RESOLUTIONS Federal Aviation Administration, Depart- Nuclear Regulatory Research, Nuclear Regu- ment of Transportation, transmitting, pur- latory Commission, transmitting, pursuant The following bills and joint resolu- suant to law, the report of a rule entitled to law, the report of a rule entitled ‘‘Instruc- tions were introduced, read the first ‘‘Revision of Class E Airspace; Santa Cat- tion Concerning Prenatal Radiation Expo- and second time by unanimous con- alina, CA; Direct Final Rule; Request for sure’’ (Regulatory Guide 8.13, Revision 3), resent, and referred as indicated: Comments; Docket No. 99–AWP–6 (6–21/6–21)’’ ceived June 21, 1999; to the Committee on By Mr. HATCH (for himself, Mr. (RIN2120–AA66) (1999–0204), received June 21, Environment and Public Works. LEAHY, and Mr. SCHUMER): 1999; to the Committee on Commerce, EC–3898. A communication from the Presi- S. 1257. A bill to amend statutory damages Science, and Transportation. dent and Chairman, Export-Import Bank of provisions of title 17, United States Code; to EC–3890. A communication from the Pro- the United States, transmitting, pursuant to the Committee on the Judiciary. gram Analyst, Office of the Chief Counsel, law, a report relative to a transaction in- By Mr. HATCH (for himself and Mr. Federal Aviation Administration, Depart- volving U.S. exports to Japan; to the Com- LEAHY): ment of Transportation, transmitting, pur- mittee on Banking, Housing, and Urban Af- S. 1258. A bill to authorize funds for the suant to law, the report of a rule entitled fairs. payment of salaries and expenses of the Pat- ‘‘Amendment to Class E Airspace; Emporia, ent and Trademark Office, and for other pur- KS; Direct Final Rule; Request for Com- f poses; to the Committee on the Judiciary. ments; Docket No. 99–ACE–24 (6–21/6–21)’’ S. 1259. A bill to amend the Trademark Act (RIN2120–AA66) (1999–0205), received June 21, PETITIONS AND MEMORIALS of 1946 relating to dilution of famous marks, 1999; to the Committee on Commerce, and for other purposes; to the Committee on Science, and Transportation. The following petitions and memo- the Judiciary. EC–3891. A communication from the Pro- rials were laid before the Senate and S. 1260. A bill to make technical correc- gram Analyst, Office of the Chief Counsel, were referred or ordered to lie on the tions in title 17, United States Code, and Federal Aviation Administration, Depart- table as indicated: other laws; to the Committee on the Judici- ment of Transportation, transmitting, pur- ary. suant to law, the report of a rule entitled POM–209. A resolution adopted by the Sen- By Mr. DODD: ‘‘Amendment to Class E Airspace; York, NE; ate of the General Assembly of the Common- S. 1261. A bill to authorize the Secretary of Direct Final Rule; Request for Comments; wealth of Pennsylvania, relative to North Transportation to issue a certificate of docu- Docket No. 99–ACE–25 (6–21/6–21)’’ (RIN2120– Korea; to the Committee on Foreign Rela- mentation with appropriate endorsement for AA66) (1999–0206), received June 21, 1999; to tions. employment in the coastwise trade for the the Committee on Commerce, Science, and SENATE RESOLUTION NO. 25 vessel YANKEE; to the Committee on Com- Transportation. Whereas, There are believed to be at least merce, Science, and Transportation. EC–3892. A communication from the Pro- 11 Americans, some of them possible pris- By Mr. REED (for himself, Mr. COCH- gram Analyst, Office of the Chief Counsel, oners of war, living in North Korea; and RAN, Mr. SARBANES, Mr. WELLSTONE, Federal Aviation Administration, Depart- Whereas, The Democratic People’s Repub- Mr. KENNEDY, Mr. DASCHLE, Mr. REID, ment of Transportation, transmitting, pur- lic of Korea representatives requested promi- and Mrs. MURRAY): suant to law, the report of a rule entitled nent American businessman and POW/MIA S. 1262. A bill to amend the Elementary ‘‘Amendment to Class E Airspace; Macon, activist Ross Perot to come to North Korea and Secondary Education Act of 1965 to pro- MO; Direct Final Rule; Confirmation of ef- to discuss the status of the Americans; and vide up-to-date school library medial re- fective date; Docket No. 99–ACE–20 (6–21/6– Whereas, United States Intelligence resources and well-trained, professionally cer- 21)’’ (RIN2120–AA66) (1999–0207), received ports include information on sightings of tified school library media specialists for el- June 21, 1999; to the Committee on Com- Americans in North Korea and on the exist- ementary schools and secondary schools, and merce, Science, and Transportation. ence of American POW/MIAs from the United for other purposes; to the Committee on EC–3893. A communication from the Dep- States of America’s involvement in the Ko- Health, Education, Labor, and Pensions. uty Chief, Information Technology Division, rean War, the Vietnam War and Cold War-re- By Mr. JEFFORDS (for himself, Mr. Wireless Telecommunication Bureau, Fed- lated activities; and HATCH, and Mr. GORTON): eral Communications Commission, transmit- S. 1263. A bill to amend the Balanced Budg- Whereas, POW/MIAs are believed to be held ting, pursuant to law, the report of a rule en- et Act of 1997 to limit the reductions in in the Democratic People’s Republic of titled ‘‘Part 0 of Chapter I of Title 47 of the medicare payments under the prospective North Korea, the People’s Republic of China, Code of Federal Regulations; Part 0—Com- payment system for hospital outpatient de- Russia and Vietnam; therefore be it mission Organization; Section 0.453 Public partment services; to the Committee on Fi- Resolved, That the Senate of the Common- reference rooms and Section 0.455 Other loca- nance. wealth of Pennsylvania memorialize the tions at which records may be inspected; By Ms. SNOWE (for herself and Mr. President of the United States and the Con- Amendment of Part 0 of FCC rules to close KENNEDY): gress of the United States to take whatever the WTB’s Gettysburg Reference Facility’’ S. 1264. A bill to amend the Elementary steps necessary to initiate talks with the (WT Doc. 98–160) (FCC 99–45), received June and Secondary Education Act of 1965 and the Democratic People’s Republic of Korea, the 21, 1999; to the Committee on Commerce, National Education Statistics Act of 1994 to People’s Republic of China, Russia and Viet- Science, and Transportation. ensure that elementary and secondary EC–3894. A communication from the Chief, nam for the purpose of obtaining the release schools prepare girls to compete in the 21st Regulations Unit, Internal Revenue Service, of Americans being held against their will; century, and for other purposes; to the Com- Department of the Treasury, transmitting, and be it further mittee on Health, Education, Labor, and pursuant to law, the report of a rule entitled Resolved, That copies of this resolution be Pensions. ‘‘Employment Tax Deposits—De Minimis transmitted to the President of the United By Mr. COVERDELL (for himself, Mr. States and to the presiding officers of each Rule’’ (RIN1545–AW28), received June 18, 1999; SCHUMER, Mr. JEFFORDS, Mr. MOY- house of Congress. to the Committee on Finance. NIHAN, Mr. HELMS, Mr. COCHRAN, Mr. EC–3895. A communication from the Direc- BURNS, Mr. CLELAND, Ms. SNOWE, Mr. f tor, Policy Directives and Instructions CAMPBELL, Mr. SHELBY, Mr. SES- Branch, Immigration and Naturalization SIONS, Mr. LEAHY, Mr. BAUCUS, Mr. Service, Department of Justice, transmit- EXECUTIVE REPORT OF LIEBERMAN, Mr. KYL, Mr. REID, Mr. ting, pursuant to law, the report of a rule en- COMMITTEE SARBANES, Ms. MIKULSKI, and Mr. titled ‘‘Extending the period of duration of The following executive report of SANTORUM): status for certain F and J nonimmigrant S. 1265. A bill to require the Secretary of aliens’’ (RIN1115–AE47) (INS No. 1992–99), re- committee was submitted: Agriculture to implement the Class I milk ceived June 21, 1999; to the Committee on the By Mr. ROTH, for the Committee on Fi- price structure known as Option 1–A as part Judiciary. nance: of the implementation of the final rule to EC–3896. A communication from the Acting Lawrence H. Summers, of Maryland, to be consolidate Federal milk marketing orders; Administrator, Cooperative State Research, Secretary of the Treasury. to the Committee on Agriculture, Nutrition, Education and Extension Service, Depart- (The above nomination was reported and Forestry. ment of Agriculture, transmitting, pursuant with the recommendation that he be By Mr. GORTON (for himself, Ms. COL- to law, the report of a rule entitled ‘‘Special confirmed, subject to the nominee’s LINS, Mr. GREGG, Mr. COVERDELL, Mr. Research Grants Program: Amended Admin- BROWNBACK, Mr. ASHCROFT, Mr. istrative Provisions’’ (7 CFR Part 3400), re- commitment to respond to requests to HELMS, and Mr. VOINOVICH): ceived June 21, 1999; to the Committee on appear and testify before any duly con- S. 1266. A bill to allow a State to combine Agriculture, Nutrition, and Forestry. stituted committee of the Senate.) certain funds to improve the academic

VerDate jul 14 2003 14:17 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00076 Fmt 0686 Sfmt 0634 E:\BR99\S22JN9.002 S22JN9 13784 CONGRESSIONAL RECORD—SENATE June 22, 1999 achievement of all its students; to the Com- seven of the world’s top ten technology the Judiciary Committee has reported, mittee on Health, Education, Labor, and centers located in the United States, and the Senate has enacted, legislation Pensions. and with American creative industries to extend the Satellite Home Viewer f now surpassing all other export sectors Act, which will enable the satellite in- STATEMENTS ON INTRODUCED in foreign sales and exports. dustry to use new and emerging tech- BILLS AND JOINT RESOLUTIONS Underlying all of these technologies nology to provide competition in the are the intangible property rights— multichannel video marketplace and By Mr. HATCH (for himself, Mr. copyrights, trademarks, patents, and allow satellite subscribers to receive LEAHY, and Mr. SCHUMER): trade secrets—that serve to promote local network stations by way of their S. 1257. A bill to amend statutory creativity and innovation by safe- satellite dishes for the first time. damages provisions of title 17, United guarding the investment, effort, and Today we are introducing a number States Code; to the Committee on the goodwill of those who venture into of additional measures relating to Judiciary. these fast-paced and volatile fields. technology and intellectual property to COPYRIGHT DAMAGES IMPROVEMENT ACT OF 1999 Providing adequate protections for strengthen our laws further in order to these intellectual property rights in provide both incentives to creativity By Mr. HATCH (for himself and the global high-tech environment is and deterrents against infringement. Mr. LEAHY): critical, particularly in the digital en- Included among these are legislation S. 1258. A bill to authorize funds for vironment where electronic piracy is so that builds upon existing protections, the payment of salaries and expenses of easy, so cheap, and yet so potentially including last year’s measures to deter the Patent and Trademark Office, and devastating to intellectual property digital piracy, by raising the Copyright for other purposes; to the Committee owners—many of which are small en- Act’s limit on statutory damages, on the Judiciary. trepreneurial enterprises. In Utah, 65 thereby making it more costly to en- percent of the information technology gage in cyber-piracy and copyright PATENT FEE INTEGRITY AND INNOVATION theft. Also included is a measure to PROTECTION ACT OF 1999 companies have fewer than 25 employees, and a majority have annual reve- make technical ‘‘clean-up’’ amendments to the Digital Millennium Copy- nues of less than $1 million. Over half By Mr. HATCH (for himself and right Act in order to make its provi- of Utah’s information technology com- Mr. LEAHY): sions clearer and more user-friendly. panies have been in business for less S. 1259. A bill to amend the Trade- On the trademark side, Senator LEAHY mark Act of 1946 relating to dilution of than 10 years, with nearly a quarter and I are introducing a bill to make famous marks, and for other purposes; having opened their doors since 1995. the protection of famous marks easier to the Committee on the Judiciary. Intellectual property is the lifeblood of and more efficient and to provide re- these companies and others similarly TRADEMARK AMENDMENTS ACT OF 1999 course for trademark owners against situated throughout the country, and the federal government for trademark even a single instance of piracy may be infringement. Finally, we are intro- By Mr. HATCH (for himself and enough to drive them out of business. Mr. LEAHY): ducing Patent and Trademark Office What’s more, without adequate inter- reauthorization legislation to allow the S. 1260. A bill to make technical cor- national protection, these companies rections in title 17, United States Code, PTO to better serve its customers— would simply be unable to compete in America’s innovators and trademark and other laws; to the Committee on the global marketplace. the Judiciary. owners—through the collection and re- That is why in the last Congress we tention of patent and trademark fees. COPYRIGHT ACT TECHNICAL CORRECTIONS enacted a number of measures to pro- It is our intention to turn to these Mr. HATCH. Mr. President, today I vide enhanced protection for intellec- bills in the Judiciary Committee prior am pleased to rise, along with the tual property in the new global, high- to the July 4th recess at a Committee ranking minority Member on the Judi- tech environment. For example, last markup session dedicated solely to the ciary Committee, Senator LEAHY, to year Congress ratified two new land- consideration of intellectual property introduce a series of intellectual prop- mark World Intellectual Property Or- legislation. I expect these measures to erty related ‘‘high-tech’’ measures de- ganization (WIPO) treaties to update be noncontroversial, and I look forward signed to promote the continued international copyright standards to to working with my colleagues in the growth of these vital sectors of the respond to the challenges of the global Senate as we bring these bills to the American economy and to protect the economy and the digital, networked floor. interests and investment of the entre- environment. In enacting the Digital THE COPYRIGHT DAMAGES IMPROVEMENT ACT OF preneurs, authors, and innovators who Millennium Copyright Act (DMCA), 1999 fuel their growth. Congress implemented these treaties in The Copyright Damages Improve- It is no secret that high technology the United States by bringing our own ment Act will provide strengthened is the driving force in the American copyright laws into the digital age and protections for copyright owners and economy today. American technology set the standard internationally for added deterrence against infringement is setting new standards for the global other nations to follow in amending by making it more costly to engage in economy, from computer chip tech- their own laws to meet the require- digital piracy and copyright theft. In nology and computer hardware, to per- ments of the new WIPO treaties. In ad- an age where electronic piracy costs sonal and business software applica- dition, as a part of that bill, we paved next to nothing and where the distribu- tions, to Internet, multimedia and tele- the way for new growth in online com- tion of pirated goods to locations communications technology, and even merce by creating greater security for around the world is as easy as the click cutting-edge pharmaceuticals and ge- copyright owners and for the Internet of a button, we are faced with the dan- netic research. In my own state of service providers who transmit and ger that the costs of engaging in piracy Utah, these information technology in- store copyrighted works online. We will pale in comparison with the an- dustries contribute in excess of $7 bil- also addressed new technologies, such ticipated rewards. Last year we lion each year to the State’s economy as webcasting and satellite radio, to strengthened the Copyright Act’s sub- and pay wages that average 66 percent provide a copyright framework in stantive protections to deter digital pi- higher than the state average. Their which these new platforms can flour- racy in this global networked environ- performance has placed Utah among ish. ment. The bill we are introducing the world’s top ten technology centers This year, Senator LEAHY and I are today will make it more costly to in- according to Newsweek Magazine. continuing to focus our attention, and fringe these and the Copyright Act’s Where Wired is a Way of Life, News- that of the Judiciary Committee, on other substantive protections by rais- week, November 9, 1998, at 44. Similar important high-tech and intellectual ing the limit on statutory damages by success is seen across the country, with property legislation. Already this year 50 percent.

VerDate jul 14 2003 14:17 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00077 Fmt 0686 Sfmt 0634 E:\BR99\S22JN9.002 S22JN9 June 22, 1999 CONGRESSIONAL RECORD—SENATE 13785 Section 504(c) of the Copyright Act providing recourse against the federal the trademark owner to oppose reg- provides for the award of statutory government for its infringement of oth- istration or to petition for cancellation damages at the plaintiff’s election in ers’ trademarks, and by creating great- of a diluting mark, the bill we are in- order to provide greater security for er certainty and uniformity in the area troducing today will prevent needless copyright owners, who often find it dif- of trade dress protection. harm to the goodwill and distinctive- ficult to prove actual damages in in- In 1995, Senator LEAHY and I spon- ness of many trademarks and will fringement cases—particularly in the sored the Federal Trademark Dilution make enforcing the federal dilution electronic environment—and to pro- Act to provide a uniform federal cause statute less costly and time consuming vide greater deterrence for would-be in- of action for trademark dilution—the for all involved. fringers. The current provision caps commercial use in commerce of a mark Second, the bill clarifies the trade- statutory damages at $20,000 ($100,000 in that dilutes, or ‘‘whittles away,’’ the mark remedies available in dilution cases of willful infringement), which distinctive quality of a famous trade- cases, including injunctive relief, de- reflects figures set in statute in 1988 mark. Under this legislation, now codi- fendant’s profits, damages, costs, and, when the United States joined the fied as section 43(c) of the Lanham Act, in exceptional cases, reasonable attor- Berne Convention. The combination of the owner of a famous mark is able to ney fees, and the destruction of articles more than a decade of inflation and protect the investment and consumer containing the diluting mark. revolutionary changes in technology goodwill associated with his mark by In addition, our bill will amend the have rendered those figures largely in- preventing others from using the same Lanham Act to subject the federal gov- adequate to achieve their aims. The or similar marks in ways that tarnish ernment to suit for trademark in- Copyright Damages Improvement Act or blur the distinctiveness of his mark, fringement and dilution. The federal updates the statutory damage provi- even where such uses do not directly government increasingly participates sions to account for both these factors. compete with the goods or services of in the marketplace as a provider of Under the bill, the cap on statutory the trademark owner. This new federal goods and services in competition with damages is increased by 50 percent, cause of action has been used increas- private entities. In fact, the federal from $20,000 to $30,000, and the min- ingly in the high-tech, online environ- government owns a substantial number imum is similarly increased from $500 ment as a means of combating cyber- of trademarks registered with the Pat- to $750. For cases of willful infringe- pirates and shady dealers who register ent and Trademark Office (PTO), and ment, the cap is raised to $150,000. In famous marks as Internet domain the Lanham Act even allows the PTO addition, the bill creates a new tier of names, seeking to sell them at a huge Commissioner to waive the registra- statutory damages targeted at bad ac- profit to the legitimate trademark tion fees for federal agencies. As a tors who engage in a repeated pattern owners or to reap where they have not trademark owner, the federal govern- or practice of infringement. In these sown, trading on the goodwill of others ment enjoys the full panoply of rights cases, the court is authorized to award by confusing consumers about their re- under the Lanham Act, including the statutory damages up to $250,000. lationships to famous brand-names. right to sue private citizens and busi- This will not mean that a court must This problem is particularly acute in nesses to enforce its rights under the impose the full amount of damages in the Internet context where the only as- Act. In contrast, in Preferred Risk Mu- any given case, or even that it will be surance of quality or sponsorship may tual Insurance Co. v. United States, 39 more likely to do so. In most cases, be the information found on a web page F3d 789 (8th Cir. 1996), the Eighth Cir- courts attempt to do justice by fixing and the IP address that leads con- cuit held that the federal government the statutory damages at a level that sumers there. is immune from suit for trademark in- approximates actual damages and de- On the whole, the Federal Trademark fringement absent an explicit waiver of fendant’s profits. What this bill does is Dilution Act has been effective in sovereign immunity. give courts wider discretion to award achieving better protection for trade- Limited waivers of sovereign immu- damages that are commensurate with mark owners and national uniformity nity exist for patent and copyright the harm caused and the gravity of the in this area of the law. There are a cases, as well as for cases involving offense. At the same time, the bill pre- number of areas, however, in which we protected plant varieties and semicon- serves provisions of the current law al- can improve implementation of the law ductor chip mask works. Congress has lowing the court to reduce the award of and its ability to protect both trade- also explicitly abrogated state immu- statutory damages to as little as $200 mark owners and consumers. The nity from suit under the 11th Amend- in cases of innocent infringement and Trademark Amendments Act of 1999 is ment for cases involving trademark, requiring the court to remit damages designed to do just that. copyright, and patent infringement. in certain cases involving nonprofit First, it authorizes the Trademark Our bill will extend these same policies educational institutions, libraries, ar- Trial and Appeals Board (TTAB) to to the federal government, making it chives, or public broadcasting entities. consider dilution as grounds for refusal subject to suit for trademark infringe- COPYRIGHT ACT TECHNICAL CORRECTIONS to register a mark or for cancellation ment and dilution on the same terms Senator LEAHY and I are also intro- of a registered mark. In Babson Bros. and conditions as states under the ducing a general clean-up measure as a Co. v. Surge Power Corp., 39 USPQ 2d. Lanham Act. follow-up to the Digital Millennium 1953 (TTAB 1996), the TTAB held that it The bill we are introducing will also Copyright Act and the Sonny Bono was not authorized by the Federal promote greater uniformity and cer- Copyright Term Extension Act, which Trademark Dilution Act to consider di- tainty in the area of trade dress protec- were enacted at the end of the last lution as grounds for opposition or can- tion by requiring plaintiffs to dem- Congress. This bill improves these bills cellation of a registration. Thus, under onstrate that an unregistered mark is to make them more user-friendly for current law a trademark owner may not functional. While trade dress may copyright owners and those who make seek relief under the federal dilution be afforded protection and registered use of their works in accordance with statute only after dilution of the mark on the Principal Register if it serves as the provisions of the Copyright Act. has occurred. And at least one circuit a trademark or service mark, protec- THE TRADEMARK AMENDMENTS ACT OF 1999 has held that likelihood of dilution is tion under the Lanham Act does not The Trademark Amendments Act not enough, the trademark owner must extend to functional trade dress fea- will provide stronger and more effi- prove actual dilution. The result is tures—those that are essential to com- cient protection for trademark owners that the owner of a famous mark must pete in a given market—which are and consumers by making it possible to stand idly by throughout the registra- properly the subject of patent law. prevent trademark dilution before it tion process and await recourse Where the plaintiff has demonstrated occurs, by clarifying the remedies through costly litigation in federal through the examination process that available under the federal trademark court only after he has suffered harm the trade dress is eligible for registra- dilution statute when it does occur, by to his mark. By specifically allowing tion, the federal registration serves as

VerDate jul 14 2003 14:17 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00078 Fmt 0686 Sfmt 0634 E:\BR99\S22JN9.002 S22JN9 13786 CONGRESSIONAL RECORD—SENATE June 22, 1999 prima facie evidence of the validity of program goals and retain those fees for worked on a bipartisan basis in the last the mark and the registration, and in use in its patent and trademark oper- Congress to get the Omnibus Patent effect as prima facie evidence of ations. The bill also makes available Act, S. 507, reported by the Judiciary nonfunctionality. For those cases $116 million in fees from previous Committee to the Senate by a vote of where the plaintiff asserting trade years, which the Administration has 177 to one, and then tried to have this dress protection has not demonstrated sought to withhold, and prohibits the bill considered and passed by the Sen- eligibility for registration through the imposition of unprecedented new sur- ate. Unfortunately, the bill became trademark examination process, a ma- charge fees sought by the Administra- stalled due to resistance by some in the jority of courts require the plaintiff to tion’s budget to subsidize federal majority. We should consider and pass prove nonfunctionality. A minority of health and life insurance benefits for this important legislation. courts, however, have held that PTO employees. In the end, this legis- Madrid Protocol Implementation functionality is an affirmative defense lation will promote a stronger, more Act. I introduced this legislation, S. which must be proved by the defend- efficient patent office and will mean, 671, to help American businesses, and ant. quite simply, that America’s especially small and medium-sized Our bill creates uniformity by adopt- innovators and trademark owners will companies, protect their trademarks as ing the majority view, requiring the get what they pay for. they expand into international mar- plaintiff to demonstrate nonfunction- Mr. President, I look forward to kets by conforming American trade- ality, either in the examination proc- working with my colleagues to pro- mark application procedures to the ess or as an element of his case in seek- mote the progress of innovation in this terms of the Protocol in anticipation of ing to enforce trade dress rights in liti- country and the continued growth of the U.S.’s eventual ratification of the gation. This is consistent with the the high-tech industrial base that has treaty. Ratification by the United principles of federal trademark law and put our nation at the forefront of the States of this treaty would help create the common law, which requires plain- global economy. Each of the bills we a ‘‘one stop’’ international trademark tiffs to prove the essential elements of are introducing today will help to do registration process, which would be an their case. Moreover, it will promote that, and I urge my colleagues’ sup- enormous benefit for American busi- both certainty and competitive fair- port. nesses. ness by encouraging trade dress owners Mr. LEAHY. Mr. President, I am Database Protection. I noted upon to register eligible designs and to seek pleased to join the chairman of the Ju- passage of the Digital Millennium patent protection for those that are in- diciary Committee in introducing four Copyright Act last year that there was eligible due to functionality bills to reauthorize the Patent and not enough time before the end of that Finally, this bill makes a number of Trademark Office, update the statu- Congress to give due consideration to technical ‘‘clean-up’’ amendments re- tory damages available under the the issue of database protection, and lating to the Trademark Law Treaty Copyright Act, make technical correc- that I hoped the Senate Judiciary Com- Implementation Act, which was en- tions to two new copyright laws en- mittee would hold hearings and con- acted at the end of the last Congress. acted last year, and prevent trademark sider database protection legislation in this Congress, with a commitment to THE UNITED STATES PATENT AND TRADEMARK dilution. As the Chairman and I have make more progress. I support legal OFFICE REAUTHORIZATION ACT, FISCAL YEAR already indicated in our June 11 joint 2000 statement, we hope that the Senate Ju- protection against commercial mis- The fourth bill we are introducing diciary Committee reports these bills appropriation of collections of informa- today is designed to allow the PTO to promptly and that the Senate con- tion, but am sensitive to the concerns better serve American innovators and siders the bills without delay. raised by the Administration, the li- trademark owners through the collec- The introduction of these bills is a braries, certain educational institution and retention of patent and trade- good start, but we must not lose sight tions, and the scientific community. mark fees. Last year we enacted legis- of the other copyright and patent This is a complex and important mat- lation to provide the PTO with the re- issues requiring our attention before ter that I look forward to considering sources it needs to meet the demands the end of this Congress. The Senate in this Congress. Tampering with Product Identifica- of its workload and to limit the ability Judiciary Committee has a full slate of tion Codes. Product identification of Congress and the Administration to intellectual property matters to con- codes provide a means for manufactur- divert money from the PTO to unre- sider and I am pleased to work on a bi- ers to track their goods, which can be lated federal programs—all while pro- partisan basis with the Chairman on an important to protect consumers in viding for an overall decrease in patent agenda to provide the creators and in- cases of defective, tainted or harmful fees. The bill we are introducing today ventors of copyrighted and patented products and to implement product re- continues those policies by allowing works with the protection they may calls. Defacing, removing or tampering the PTO to generate the revenue it need in our global economy, while at with product identification codes can needs to operate as a fully fee-funded the same time providing libraries, edu- thwart these tracking efforts, with po- agency and to retain those fees for use cational institutions and other users tential safety consequences for Amer- in its patent and trademark oper- with the clarity they need as to what ican consumers. We should examine the ations, without fee diversions or the constitutes a fair use of such works. creation of new surcharges. Among the other important intellec- scope of, and legislative solutions to In the past, a substantial portion of tual property matters for us to con- remedy, this problem. Online Trademark Protection or patent fees revenues have been diverted sider are the following: in the budget process to pay for unre- Distance Education. The Senate Ju- ‘‘Cybersquatting.’’ I have long been lated federal programs. The result has diciary Committee held a hearing last concerned with protection online of been substantial backlogs in patent month on the Copyright Office’s thor- registered trademarks. Indeed, when pendency and a general inability to ough and balanced report on copyright the Congress passed the Federal Trade- provide the type of service our nation’s and digital distance education. We mark Dilution Act of 1995, I noted that: inventors pay for. I, along with several need to address the legislative rec- [A]lthough no one else has yet considered of my colleagues, have vigorously op- this application, it is my hope that this ommendations outlined in that report antidilution statute can help stem the use of posed this practice. The legislation we to ensure that our laws permit the ap- deceptive Internet addresses taken by those enacted last year went a long way to propriate use of copyrighted works in who are choosing marks that are associated ensure that this practice would not valid distance learning activities. with the products and reputations of others. continue. The legislation we are intro- Patent Reform. A critical matter on (CONGRESSIONAL RECORD, December 29, 1995, ducing today will continue this assur- the intellectual property agenda, im- page S19312). ance by authorizing the PTO to raise portant to the nation’s economic fu- Last year, my amendment author- just the revenues it needs to meet its ture, is reform of our patent laws. I izing a study by the National Research

VerDate jul 14 2003 14:17 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00079 Fmt 0686 Sfmt 0634 E:\BR99\S22JN9.002 S22JN9 June 22, 1999 CONGRESSIONAL RECORD—SENATE 13787 Council of the National Academy of necessary expenses in FY 2000. This worldwide theft of copyrighted soft- Sciences of the effects on trademark money reflects the amount in carry- ware in 1998 amounted to nearly $11 bil- holders of adding new top-level domain over funds from FY99 that PTO expects lion. According to the report, if this names and requesting recommenda- to receive from fees collected, pursuant ‘‘pirated software has instead been le- tions on related dispute resolution pro- to the Patent Act and the Trademark gally purchased, the industry would cedures, was enacted as part of the Act. By authorizing the money to go to have been able to employ 32,700 more Next Generation Internet Research PTO, the bill would avoid diversion of people. In 2008, if software piracy re- Act. We have not yet seen the results these fees to other government agen- mains at its current rate, 52,700 jobs of that study, and I understand that cies and programs. Inventors and the will be lost in the core software indus- the Internet Corporation for Assigned business community who rely on the try.’’ This theft also reflects losses of Names and Numbers (I–CANN) and patent and trademark systems do not $991 million in tax revenue in the World Intellectual Property Organiza- want the fees they pay to be diverted United States. tion (WIPO) are considering mecha- but would rather see this money spent These statistics about the harm done nisms for resolving trademark and on PTO upgraded equipment, addi- to our economy by the theft of copy- other disputes over assignments of do- tional examiners and expert personnel righted software alone, prompted me to main names in an expeditious and inex- or other items to make the systems introduce the ‘‘Criminal Copyright Im- pensive manner. more efficient. I agree. provement Act’’ in both the 104th and This is an important issue both for COPYRIGHT ACT TECHNICAL CORRECTIONS ACT 105th Congresses, and work over those trademark holders and for the future of In the last Congress, Senator HATCH two Congresses for passage of this leg- the global Internet. While I share the and I worked together for passage of islation, which was finally enacted as concern of trademark holders over the Digital Millennium Copyright Act the ‘‘No Electronic Theft Act.’’ The what WIPO has characterized as ‘‘pred- (DMCA) and the Sonny Bono Copyright current rates of software piracy show atory and parasitical practices by a mi- Term Extension Act. This significant that we need to do better to combat nority of domain registrants acting in legislation is intended to encourage this theft, both with enforcement of bad faith’’ to register famous or well- copyright owners to make their works our current copyright laws and with known marks of others—which can available online by updating the copy- strengthened copyright laws to deter lead to consumer confusion or down- right laws with additional protections potential infringes. right fraud—the Congress should tread for digital works, and conforming copy- I am, therefore, pleased to join Sen- carefully to ensure that any remedies right terms available to American au- ator HATCH in introducing the Digital do not impede or stifle the free flow of thors to those available overseas. We Theft Deterrence and Copyright Dam- information on the Internet. are now introducing legislation that ages Improvement Act. The bill would THE PATENT FEE INTEGRITY AND INNOVATION will make certain technical corrections amend the Copyright Act, 17 U.S.C. PROTECTION ACT OF 1999 to those bills. § 504(c), by increasing the amounts of We are introducing today the Patent Specifically, this bill (1) renumbers statutory damages recoverable for Fee Integrity and Innovation Protec- the section number for the liability copyright infringements. These tion Act to reauthorize the Patent and limits for online service providers; (2) amounts were last increased in 1988 Trademark Office for fiscal year 2000, renumbers paragraphs in the section on when the United States acceded to the on terms that ensure the fees collected ‘‘ephemeral recordings’’ which are used Berne Convention. Specifically, the bill from users will be used to operate the solely for transmitting or archiving a would increase the cap on statutory Patent and Trademark Office and not performance or audiovisual display; (3) damages by 50 percent, raising the min- diverted to other uses. clarifies that the Commissioner of Pat- imum from $500 to $750 and raising the The PTO is fully funded and operated ents is to be paid at level III of the ex- maximum from $20,000 to $30,000. In ad- through the payment of application ecutive schedule rather than level V, dition, the bill would raise from and user fees. Indeed, taxpayer support consistent with a provision in the $100,000 to $150,000 the amount of statu- for the operations of the PTO was DMCA; and (4) changes from one to two tory damages for willful infringements. eliminated in the Omnibus Budget Rec- years the time for seeking design pro- Courts determining the amount of onciliation Act of 1990, which imposed tection after a design is made public by statutory damages in any given case a large fee increase (referred to as a the designer or, in other words, forfeits would have discretion to impose dam- ‘‘surcharge’’) on those who use the protection if an application for reg- ages within these statutory ranges at PTO, namely businesses and inventors istration is not made within 2 years of just and appropriate levels, depending applying for or seeking to protect pat- the design being made public. ents on trademarks. I remain hopeful that as this bills on the harm caused, ill-gotten profits The fees accumulated from the sur- moves forward we can also address an- obtained and the gravity of the offense. charge were held in a surcharge ac- other item inadvertently omitted from The bill preserves provisions of the cur- count, for use by the PTO to support the DMCA. Specifically, to include rent law allowing the court to reduce the patent and trademark systems. Un- public broadcasting entities in the li- the award of statutory damages to as fortunately, however, the funds in the ability limitation provisions granted little as $200 in cases of innocent in- surcharge account were also diverted under the DMCA to nonprofit libraries, fringement and requiring the court to to fund other, unrelated government archives and educational institutions. remit damages in certain cases involv- programs. By fiscal year 1997, almost The House of Representatives passed ing nonprofit educational institutions, $54 million from the surcharge account its version of this legislation, H.R. 1189, libraries, archives, or public broad- was diverted from PTO operations. on April 13, 1999, and I urge prompt casting entities. Last year, Congress responded to this Senate action on this Hatch-Leahy bill. In addition, the bill would create a diversion of PTO fees by enacting H.R. THE DIGITAL THEFT DETERRENCE AND new tier of statutory damages allowing 3723/S. 507, which the Chairman and I COPYRIGHT DAMAGES IMPROVEMENT ACT OF 1999 a court to award damages in the had introduced on March 20, 1997. That I have long been concerned about re- amount of $250,000 per infringed work legislation authorized a schedule of ducing the levels of software piracy in where the infringement is part of a fees to fund the PTO, but no other gov- this country and around the world. The willful and repeated pattern of practice ernment program, and resulted in the theft of digital copyrighted works and, of infringement. first decrease in patent application fees in particular, of software results in lost I note that the House version of this in at least 50 years. jobs to American workers, lost taxes to legislation, H.R. 1761, omits any This PTO reauthorization bill would Federal and State governments, and scienter requirement for the new pro- make $116,000,000 available to the Pat- lost revenue to American companies. A posed enhanced penalty for infringers ent and Trademark Office, a self-sus- report released last week by the Busi- who engage in a repeated pattern of in- taining agency, to pay for salaries and ness Software Alliance estimates that fringement. I share the concerns raised

VerDate jul 14 2003 14:17 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00080 Fmt 0686 Sfmt 0634 E:\BR99\S22JN9.002 S22JN9 13788 CONGRESSIONAL RECORD—SENATE June 22, 1999 by the Copyright Office that this provi- vide that in an action for trade dress gard to a vessel’s size. Their under- sion, absent a willfulness scienter re- infringement, where the matter sought standing was that the act only per- quirement, would permit imposition of to be protected is not registered with tained to vessels 65 feet in length or the enhanced penalty even against per- the PTO, the plaintiff has the burden of greater carrying over six passengers. son who negligently, albeit repeatedly, proving that the trade dress is not Yankee Sailing LLC hoped to operate engaged in acts of infringement. The functional. This will help promote fair with six passengers to generate rev- Hatch-Leahy bill avoids casting such a competition and provide an incentive enue until they could receive full cer- wide net, which could chill legitimate for registration. tification allowing for larger sailing fair uses of copyrighted works. Finally, this bill makes a number of trips. Due to this confusion regarding THE TRADEMARK AMENDMENTS ACT OF 1999 technical ‘‘clean-up’’ amendments re- the law, Yankee Sailing LLC is unable Finally, I am pleased to join Senator lating to the Trademark Law Treaty to provide these small sailing trips and HATCH in introducing the Trademark Implementation Act, which was en- suffers financially as a consequence. Amendments Act to enhance protec- acted at the end of the last Congress. Yankee Sailing LLC wishes to pro- tion for trademark owners and con- These bills represent a good start on vide residents of southeastern Con- sumers by making it possible to pre- the work before the Senate Judiciary necticut the opportunity to experience vent trademark dilution before it oc- Committee to update American intel- the excitement of sailing and did not curs, by clarifying the remedies avail- lectual property law to ensure that it willfully violate the Jones Act. The able under the Federal trademark dilu- serves to advance and protect Amer- presence of its services will help stimu- tion statute when it does occur, by pro- ican interests both here and abroad. I late the local economy and tourism in viding recourse against the Federal began this statement, however, with a region attempting to promote an eco- Government for its infringement of the list of copyright, patent and trade- nomic renaissance. others’ trademarks, and by creating mark issues that we should also ad- Based upon all of the combined facts, greater certainty and uniformity in the dress. We have a lot more work to do. I believe a waiver should be granted for area of trade dress protection. the YANKEE. I ask unanimous consent Current law provides for injunctive By Mr. DODD: that the text of the bill be printed in relief after an identical or similar S. 1261. A bill to authorize the Sec- the RECORD. mark has been in use and has caused retary of Transportation to issue a cer- There being no objection, the bill was actual dilution of a famous mark, but tificate of documentation with appro- ordered to be printed in the RECORD, as provides no means to oppose an appli- priate endorsement for employment in cation for a mark or to cancel a reg- follows: the coastwise trade for the vessel S. 1261 istered mark that will result in dilu- Yankee; to the Committee on Com- Be it enacted by the Senate and House of Rep- tion of the holder’s famous mark. In merce, Science, and Transportation. Babson Bros. Co. v. Surge Power Corp., 39 resentatives of the United States of America in CERTIFICATE OF DOCUMENTATION FOR THE Congress assembled, USPQ 2d. 1953 (TTAB 1996), the Trade- VESSEL ‘‘YANKEE’’ mark Trial and Appeals Board (TTAB) SECTION 1. CERTIFICATE OF DOCUMENTATION. Mr. DODD. Mr. President, I rise Notwithstanding section 27 of the Mer- held that it was not authorized by the today to introduce legislation to waive ‘‘Federal Trademark Dilution Act’’ to chant Marine Act, 1920 (46 U.S.C. App. 883), the 1920 Merchant Marine Act, com- section 8 of the Act of June 19, 1886 (24 Stat. consider dilution as grounds for opposi- monly known as the Jones Act, to 81, chapter 421; 46 U.S.C. App. 289), and section or cancellation of a registration. allow Yankee Sailing, LLC to operate tions 12106 and 12108 of title 46, United States The bill remedies this situation by au- the 1959 Holland-built vessel YANKEE. Code, the Secretary of Transportation may thorizing the TTAB to consider dilu- Yankee Sailing LLC is a family- issue a certificate of documentation with appropriate endorsement for employment in tion as grounds for refusal to register a owned business based out of New Lon- mark or for cancellation of a registered the coastwise trade for the vessel YANKEE, don, Connecticut that intends to pro- mark. This would permit the trade- United States official number 1076210. vide 2–4 hour day sails out of the New mark owner to oppose registration or London and Mystic areas in the sum- to petition for cancellation of a dilut- By Mr. REED (for himself, Mr. mer months. In an effort to provide ing mark, and thereby prevent needless COCHRAN, Mr. SARBANES, Mr. year-round sailing opportunities, harm to the goodwill and distinctive- WELLSTONE, Mr. KENNEDY, Mr. Yankee Sailing LLC also hopes to offer ness of many trademarks and make en- DASCHLE, Mr. REID, and Mrs. 1–2 week sail training trips along the forcing the Federal dilution statute MURRAY): coast in the fall and winter. The less costly and time consuming for all S. 1262. A bill to amend the Elemen- YANKEE is equipped to carry 25–35 involved. tary and Secondary Education Act of Second, the bill clarifies the trade- daytime passengers and 8–10 overnight 1965 to provide up-to-date school li- mark remedies available in dilution passengers, and does not pose any brary medial resources and well- cases, including injunctive relief, de- threat to larger U.S. shipping inter- trained, professionally certified school fendant’s profits, damages, costs, and, ests. library media specialists for elemen- in exceptional cases, reasonable attor- The YANKEE is a vessel of consider- tary schools and secondary schools, ney fees, and the destruction of articles able historical significance having been and for other purposes; to the Com- containing the diluting mark. designed by and built for one of New mittee on Health, Education, Labor, Third, the bill amends the Lanham England’s most famous contemporary and Pensions. Act to allow for private citizens and sailors, the late Irving Johnson. The f YANKEE shares a well-established re- corporate entities to sue the Federal THE ELEMENTARY AND SEC- Government for trademark infringe- lationship with the Mystic Seaport Mu- ONDARY SCHOOL LIBRARY ment and dilution. Currently, the Fed- seum where the Johnson Collection is MEDIA RESOURCES, TRAINING, eral Government may not be sued for housed, and it was also the centerpiece AND ADVANCED TECHNOLOGY trademark infringement, even though for an Irving Johnson reunion held at ACT the Federal Government competes in the Seaport this past October. some areas with private business and The owners request the waiver be- Mr. REED. Mr. President, I rise may sue others for infringement. This cause while the vessel was originally today to introduce legislation to sup- bill will level the playing field, and documented in the United States with port and strengthen America’s school make the Federal Government subject a home port of Mystic, CT, it was built libraries. to suit for trademark infringement and in Holland and is, therefore, excluded The school library plays a vital role dilution on the same terms and condi- from coastal trade by the Jones Act. in the education of students. It is tions as States under the Lanham Act. The owners were aware of the Jones where reading skills are reinforced; the Fourth, the bill provides a limited Act’s restrictions, however, they were laboratory where ideas taught in class amendment to the Lanham Act to pro- unclear as to its applicability with re- are explored and tested; the arena in

VerDate jul 14 2003 14:17 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00081 Fmt 0686 Sfmt 0634 E:\BR99\S22JN9.002 S22JN9 June 22, 1999 CONGRESSIONAL RECORD—SENATE 13789 which children explore new ideas and book. Indeed, while the average school cialists, according to Department of learn on their own; and a vital bridge library book costs $16, the average Education figures, and, on average, to the remarkable and growing re- spending per student for books is $6.73 there is only one specialist for every sources of the information age. in elementary schools; $7.30 in middle 591 students. This shortage means that Research shows that well-equipped schools; and $6.27 in high schools. many school libraries are staffed by and well-staffed school libraries are es- Consequently, many outdated books volunteers and are open only a few sential to promoting learning and that should be removed from shelves days a week. achievement. Indeed, a 1992 study cannot be, since there is no money to Mr. President, the bipartisan bill I found that students in schools with replace them. One case in point is Cali- am introducing today, along with Sen- well-equipped libraries and professional fornia which in response to its fourth- ators COCHRAN, SARBANES, WELLSTONE, library media specialists perform bet- graders being ranked second to last KENNEDY, DASCHLE, REID, and MURRAY, ter on achievement tests for reading among 39 states on last year’s National would restore the funding that is crit- comprehension and basic research Assessment of Educational Progress ical to improving school libraries. The skills. has begun an effort to restock school Elementary And Secondary School Li- This finding was echoed in a 1994 U.S. library shelves in order to weed out old brary Media Resources, Training, And Department of Education report on the and inaccurate books, including those Advanced Technology Act directs fund- impact of school library media centers rife with racial stereotypes and those ing to schools with the greatest need which noted that the highest achieving which proclaim ‘‘one day, man might and would ensure that students have students tend to come from schools go to the moon’’. For a long time, ac- access to the informational tools they with strong libraries and library pro- cording to a recent Los Angeles Times need to learn and achieve at the high- grams. article, California school librarians est levels by providing funds to update And, a 1993 review of research studies could not afford to take such a step be- library media resources, such as books concluded that free voluntary reading cause there would be no books left on and advanced technology, train school is the foundation for good grammar, the shelves. Too few states, however, library media specialists, facilitate re- writing, and reading comprehension are taking similar steps to improve source-sharing among school libraries, abilities. For the average American school libraries. and improve collaboration between student, the school library is the single My home state of Rhode Island is school library media specialists and most available source of reading mate- working on an innovative effort to en- teachers. rial. sure that students gain access to mate- The bill also establishes the School Mr. President, with our ever-chang- rials not available in their own school Library Access Program to provide stu- ing global economy, access to informa- libraries. RILINK (the Rhode Island Li- dents with access to school libraries tion and the skills to use it are vital to brary Information Network for Kids) during non-school hours, including be- ensuring that young Americans are gives students and teachers 24-hour fore and after school, weekends, and competitive and informed citizens of Internet access to a statewide catalog summers. the world. That is why the school li- of school library holdings, complete Providing access to the most up-to- brary is so important in supplementing with information about the book’s sta- date school library collections is an es- what is learned in the classroom; pro- tus on the shelf. RILINK also allows sential part of increasing student moting better learning, including read- for on-line request of materials via achievement, improving literacy skills, ing, research, library use, and elec- interlibrary loan, with rapid delivery fostering a love of reading, and helping tronic database skills; and providing through a statewide courier system, students become lifelong learners. The the foundation for independent learn- and provides links from book informa- Elementary and Secondary School Li- ing that allows students to achieve tion records to related Internet re- brary Media Resources, Training, and throughout their educational careers search sites, allowing a single book re- Advanced Technology Act, which is and their lives. quest to serve as a point of departure strongly supported by the American While the promise of a well-equipped for a galaxy of information sources. Library Association, will help accom- school library is limitless, and its im- Unfortunately, such innovations, plish these essential goals. I urge my portance greater than ever, the condi- which could benefit schoolchildren colleagues to cosponsor this important tion of libraries today does not live up across the nation, cannot be expanded legislation and work for its inclusion to that potential. As Linda Wood, a without adequate library funding. In- in the upcoming reauthorization of the school library media specialist from deed, the only federal funding that is Elementary and Secondary Education South Kingstown High School in Rhode currently available to school libraries Act. Island, recently noted during a Health, is the Title VI block grant, which al- Mr. President, I ask unanimous con- Education, Labor, and Pensions Com- lows expenditure for school library and sent that the text of this legislation mittee hearing, school library collec- instructional materials as one of seven and a letter of support written by the tions are outdated and sparse. Indeed, choices for local uses of funds. This American Library Association be print- schools across the nation are depend- program is slated for elimination under ed in the RECORD. There being no objection, the mate- ent on collections purchased in the the Administration’s fiscal year 2000 rial was ordered to be printed in the mid-1960s under the original Elemen- budget and Elementary and Secondary RECORD, as follows: tary and Secondary Education Act. Education Act reauthorization pro- As a result, many books in our school posal. S. 1262 libraries predate the landing of manned Mr. President, well-trained school li- Be it enacted by the Senate and House of Rep- spacecraft on the moon, the breakup of resentatives of the United States of America in brary media specialists are also essen- Congress assembled, the Soviet Union, the end of Apartheid, tial to helping students unlock their SECTION 1. SHORT TITLE. the growth of the Internet, and ad- potential. These individuals are at the This Act may be cited as the ‘‘Elementary vances in DNA research. In a rapidly heart of guiding students in their and Secondary School Library Media Re- changing world, our students are work, providing research training, sources, Training, and Advanced Technology placed at a major disadvantage if the maintaining and developing collec- Assistance Act’’. only scientific, historical, and geo- tions, and ensuring that a library ful- SEC. 2. PURPOSE. graphical materials they have access to fills its potential. In addition, they The purposes of this Act are— reflect times long gone by. have the skills to guide students in the (1) to improve academic achievement of In sum, school library funding is students by providing students with in- use of the broad variety of advanced creased access to up-to-date school library grossly inadequate to the task of im- technological education resources now materials, a well-equipped, technologically proving and supplementing collections. available. advanced school library media center, and Library spending per student today is a Unfortunately, only 68% of schools well-trained, professionally certified school small fraction of the cost of a new have state certified library media spe- library media specialists;

VerDate jul 14 2003 14:17 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00082 Fmt 0686 Sfmt 0634 E:\BR99\S22JN9.002 S22JN9 13790 CONGRESSIONAL RECORD—SENATE June 22, 1999 (2) to support the acquisition of up-to-date and impact of activities carried out under ‘‘SEC. 3706. LOCAL ACTIVITIES. school library media resources for the use of this subpart by local educational agencies to ‘‘A local educational agency that receives students, school library media specialists, make determinations regarding the need of a local allocation under section 3704 may use and teachers in elementary schools and sec- the agencies for technical assistance and the funds made available through the alloca- ondary schools; whether to continue funding the agencies tion— (3) to provide school library media special- under this subpart. ‘‘(1) to acquire up-to-date school library ists with the tools and training opportuni- ‘‘SEC. 3703. STATE RESERVATION. media resources, including books, for the use ties necessary for the specialists to facilitate ‘‘A State educational agency that receives of students, school library media specialists, the development and enhancement of the in- an allotment under section 3701 may reserve and teachers in elementary schools and sec- formation literacy, information retrieval, not more than 3 percent of the funds made ondary schools; and critical thinking skills of students; and available through the allotment to provide ‘‘(2) to acquire and utilize advanced tech- (4)(A) to ensure the effective coordination technical assistance, disseminate informa- nology, incorporated into the curricula of of resources for library, technology, and pro- tion about effective school library media the schools, to develop and enhance the in- fessional development activities for elemen- programs, and pay administrative costs, re- formation literacy, information retrieval, tary schools and secondary schools; and lating to this subpart. and critical thinking skills of students; (B) to ensure collaboration between school ‘‘SEC. 3704. LOCAL ALLOCATIONS. ‘‘(3) to acquire and utilize advanced tech- library media specialists, and elementary ‘‘(a) IN GENERAL.—A State educational nology, including Internet links, to facili- school and secondary school teachers and ad- agency that receives an allotment under sec- tate resource-sharing among schools and ministrators, in developing curriculum-based tion 3701 for a fiscal year shall use the funds school library media centers, and public and instructional activities for students so that made available through the allotment and academic libraries, where possible; school library media specialists are partners not reserved under section 3703 to make allo- ‘‘(4) to provide professional development in the learning process of students. cations to local educational agencies. opportunities for school library media spe- ‘‘(b) AGENCIES.—The State educational SEC. 3. SCHOOL LIBRARY MEDIA RESOURCES. cialists; and agency shall allocate the funds to the local Title III of the Elementary and Secondary ‘‘(5) to foster increased collaboration be- Education Act of 1965 (20 U.S.C. 6801 et seq.) educational agencies in the State that have— tween school library media specialists and is amended by adding at the end the fol- elementary school and secondary school lowing: ‘‘(1) the greatest need for school library media improvement according to the needs teachers and administrators. ‘‘PART F—ELEMENTARY AND SECONDARY assessment described in section 3705; and ‘‘SEC. 3707. ACCOUNTABILITY AND CONTINU- SCHOOL LIBRARY MEDIA RESOURCES ‘‘(2) the highest percentages of poverty, as ATION OF FUNDS. ‘‘Subpart 1—Library Media Resources measured in accordance with section ‘‘Each local educational agency that re- ‘‘SEC. 3701. STATE ALLOTMENTS. 1113(a)(5). ceives funding under this subpart for a fiscal ‘‘The Secretary shall allot to each eligible ‘‘SEC. 3705. LOCAL APPLICATION. year shall be eligible to continue to receive State educational agency for a fiscal year an ‘‘To be eligible to receive an allocation the funding— amount that bears the same relation to the under section 3704 for a fiscal year, a local ‘‘(1) for each of the 2 following fiscal years; amount appropriated under section 3710 and educational agency shall submit to the State and not reserved under section 3709 for the fiscal educational agency an application at such ‘‘(2) for each fiscal year subsequent to the year as the amount the State educational time, in such manner, and containing such 2 following fiscal years, if the local edu- agency received under part A of title I for information as the State educational agency cational agency demonstrates that the agen- the preceding fiscal year bears to the shall require. The application shall contain— cy has increased— amount all State educational agencies re- ‘‘(1) a needs assessment relating to need for ‘‘(A) the availability of, and the access of ceived under part A of title I for the preschool library media improvement, based on students, school library media specialists, ceding fiscal year. the age and condition of school library media and elementary and secondary teachers to, ‘‘SEC. 3702. STATE APPLICATIONS. resources (including book collections), ac- up-to-date school library media resources, ‘‘To be eligible to receive an allotment cess of school library media centers to ad- including books and advanced technology, in under section 3701 for a State for a fiscal vanced technology, including Internet con- elementary schools and secondary schools year, the State educational agency shall sub- nections, and the availability of well- served by the local educational agency; mit to the Secretary an application at such trained, professionally certified school li- ‘‘(B) the number of well-trained, profes- time, in such manner, and containing such brary media specialists, in schools served by sionally certified school library media spe- information as the Secretary shall require. the local educational agency; cialists in those schools; and The application shall contain a description ‘‘(2) a description of the manner in which ‘‘(C) collaboration between school library of— the local educational agency will use the media specialists and elementary school and ‘‘(1) the manner in which the State edu- needs assessment to assist schools with the secondary school teachers and administra- cational agency will use the needs assess- greatest need for school library media im- tors for those schools. ment described in section 3705 and poverty provement; data to allocate funds made available ‘‘(3) a description of the manner in which ‘‘SEC. 3708. SUPPLEMENT NOT SUPPLANT. through the allotment to the local edu- the local educational agency will use the ‘‘Funds made available under this subpart cational agencies in the State with the funds provided through the allocation to shall be used to supplement and not supplant greatest need for school library media im- carry out the activities described in section other Federal, State, and local funds ex- provement; 3706; pended to carry out activities relating to li- ‘‘(2) the manner in which the State edu- ‘‘(4) a description of the manner in which brary, technology, or professional develop- cational agency will effectively coordinate the local educational agency will develop ment activities. all Federal and State funds available for li- and carry out the activities described in sec- ‘‘SEC. 3709. NATIONAL ACTIVITIES. brary, technology, and professional develop- tion 3706 with the extensive participation of ‘‘The Secretary shall reserve not more ment activities to assist local educational school library media specialists, elementary than 3 percent of the amount appropriated agencies, elementary schools, and secondary school and secondary school teachers and ad- under section 3710 for a fiscal year— schools in— ministrators, and parents; ‘‘(1) for an annual, independent, national ‘‘(A) acquiring up-to-date school library ‘‘(5) a description of the manner in which media resources in all formats, including the local educational agency will effectively evaluation of the activities assisted under books and advanced technology such as coordinate— this subpart, to be conducted not later than Internet connections; ‘‘(A) funds provided under this subpart 3 years after the date of enactment of this ‘‘(B) providing training for school library with the Federal, State, and local funds re- subpart; and media specialists; and ceived by the agency for library, technology, ‘‘(2) to broadly disseminate information to ‘‘(C) facilitating resource-sharing among and professional development activities; and help States, local educational agencies, schools and school library media centers; ‘‘(B) activities carried out under this sub- school library media specialists, and elemen- ‘‘(3) the manner in which the State edu- part with the Federal, State, and local li- tary and secondary teachers and administra- cational agency will develop standards for brary, technology, and professional develop- tors learn about effective school library the incorporation of new technologies into ment activities carried out by the local edu- media programs. the curricula of elementary schools and sec- cational agency; and ‘‘SEC. 3710. AUTHORIZATION OF APPROPRIA- ondary schools through school library media ‘‘(6) a description of the manner in which TIONS. programs to develop and enhance the infor- the local educational agency will collect and ‘‘There are authorized to be appropriated mation literacy, information retrieval, and analyze data on the quality and impact of to carry out this subpart $250,000,000 for fis- critical thinking skills of students; and activities carried out under this subpart by cal year 2000 and such sums as may be nec- ‘‘(4) the manner in which the State edu- schools served by the local educational agen- essary for each of fiscal years 2001 through cational agency will evaluate the quality cy. 2004.

VerDate jul 14 2003 14:17 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00083 Fmt 0686 Sfmt 0634 E:\BR99\S22JN9.003 S22JN9 June 22, 1999 CONGRESSIONAL RECORD—SENATE 13791 ‘‘Subpart 2—School Library Access Program By Mr. JEFFORDS (for himself, Mt. Ascutney Hospital in Ascutney, ‘‘SEC. 3721. PROGRAM. Mr. HATCH, and Mr. GORTON): Vermont, stated, ‘‘The new outpatient ‘‘(a) IN GENERAL.—The Secretary may S. 1263. A bill to amend the Balanced prospective payment methodology make grants to local educational agencies to Budget Act of 1997 to limit the reduc- would cut our reimbursement to the provide students with access to libraries in tions in medicare payments under the point that our operating margin would elementary schools and secondary schools during non-school hours, including the hours prospective payment system for hos- be in jeopardy. This coming on the before and after school, weekends, and sum- pital outpatient department services; heels of other cuts has an additive neg- mer vacation periods. to the Committee on Finance. ative effect.’’ ‘‘(b) APPLICATIONS.—To be eligible to re- HOSPITAL OUTPATIENT PRESERVATION ACT OF If vulnerable rural hospitals are not ceive a grant under subsection (a), a local 1999 provided a gradual transition period to educational agency shall submit an applica- Mr. JEFFORDS. Mr. President, I am reorganize operations, such a large de- tion to the Secretary at such time, in such manner, and containing such information as introducing today, with Senators cline in reimbursement could spell fi- the Secretary may require. HATCH and GORTON, the Hospital Out- nancial disaster. Teaching hospitals ‘‘(c) PRIORITY.—In making grants under patient Preservation Act of 1999. are also projected to sustain a greater subsection (a), the Secretary shall give pri- The Congress passed landmark legis- than average loss under the new meth- ority to local educational agencies that dem- lation in 1997, the Balanced Budget odology. I am concerned that financial onstrate, in applications submitted under Act. The BBA has played an important cutbacks of this magnitude could im- subsection (b), that the agencies— role in ensuring the integrity of the ‘‘(1) seek to provide activities that will in- pact the access to care and the quality crease reading skills and student achieve- Medicare program, but our good inten- of care provided to Medicare bene- ment; tions to rein in costs went too far, too ficiaries by hospitals that are already ‘‘(2) have effectively coordinated services fast in some areas. In fact, I fear that ailing under payment cuts for Medicare and funding with entities involved in other our zeal may result in decreased access inpatient services and from managed Federal, State, and local efforts, to provide to care and lower quality of care for organization payment cuts. programs and activities for students during Medicare beneficiaries if we do not act The ‘‘Hospital Outpatient Preserva- the non-school hours described in subsection to soften the impact of BBA implemen- tion Act of 1999’’ would limit a hos- (a); and tation on health care providers. ‘‘(3) have a high level of community sup- pital’s losses for covered outpatient de- port. I am particularly concerned about partment services furnished prior to ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— the consequences of payment cuts and during the first full calendar year There are authorized to be appropriated to under BBA for Vermont’s hospitals and of outpatient PPS implementation to 5 carry out this subpart $25,000,000 for fiscal health systems. Norman Wright, Presi- percent, so that a hospital would re- year 2000 and such sums as may be necessary dent of the Vermont Hospital and ceive no less than 95 percent of what for each of fiscal years 2001 through 2004.’’. Health Systems Association, has said, the hospital would have been paid AMERICAN LIBRARY ASSOCIATION, ‘‘It is clear that the outpatient pro- Washington, DC, June 21, 1999. under the current reimbursement Hon. Jack Reed, spective payment system being imple- mechanism. In the second year, the U.S. Senate, mented from Washington poses a real maximum payment loss would be 10 Washington, DC. threat to the continuation of quality percent, and in the third year, 15 per- DEAR SENATOR REED: I would like to take services being provided by Vermont cent. There would be no limit after the this opportunity to thank you and Senator hospital outpatient departments.’’ third year. Thad Cochran for your bi-partisan support of Through the Hospital Outpatient The BBA went too far, too fast in school libraries as you introduce the Ele- Preservation Act of 1999, we are seek- mentary and Secondary School Library cutting costs, and now it’s time to find Media Resources, Training, and Advanced ing to address concerns about out- the right balance by swinging the pen- Technology Assistance Act of 1999. This bill patient reimbursement cuts for hos- dulum back toward quality. The Hos- would provide assistance to the nation’s pitals. The BBA requires the imple- pital Outpatient Preservation Act of school libraries and school library media mentation of a prospective payment 1999 would address one area of concern specialists at a time when they are laboring system (PPS) for the reimbursement of by providing a phased implementation mightily to cope with the challenges of in- Medicare hospital outpatient depart- creasing school enrollment, new technology period of three years to allow hos- and the lack of funding for school library re- ment services to control rising costs in pitals, particularly the hardest hit sources. that area, as the provision of care has rural and major teaching hospitals, As a school librarian myself in Juneau, shifted from inpatient to less costly time to adjust to the cuts in reim- Alaska, I know personally how this legisla- outpatient services. Our proposed legis- bursement. Through such legislation, tion will contribute to effective learning by lation would amend BBA ’97 by tempo- we can maintain the financial integrity our school children. Many of the nation’s rarily limiting the reduction in pay- school libraries have collections that are old, of the Medicare program, while guaran- inaccurate and out of date. How can we en- ments under the new outpatient PPS teeing access to high-quality health courage children to read and continue to be for outpatient department services to care services for Medicare bene- life-long learners if the material we have give hospitals a period to adjust to the ficiaries. available for them is inadequate? reimbursement cuts. Your legislation proposes to upgrade col- Medicare outpatient margins, al- By Ms. SNOWE (for herself and lections, encourage and train school librar- ready negative in 1999, are estimated to Mr. KENNEDY): ians, effect greater cooperation between S. 1264. A bill to amend the Elemen- school professionals directly involved in drop to a negative 28.8 percent if costs teaching children—school library media spe- increase at a historical rate of growth, tary and Secondary Education Act of cialists, teachers and administrators, and en- and to a negative 20.3 percent if costs 1965 and the National Education Statis- courages the sharing of resources electroni- increase more slowly. The Health Care tics Act of 1994 to ensure that elemen- cally. This critical legislation should be in- Financing Administration’s analysis of tary and secondary schools prepare cluded in the reauthorization process now its proposed rule on the implementa- girls to compete in the 21st century, going forward in the Senate. The school chil- tion of outpatient PPS found that av- and for other purposes; to the Com- dren of today deserve the best resources we mittee on Health, Education, Labor, have to give them. erage reductions in outpatient depart- On behalf of the 57,000 school, public, aca- ment services reimbursement for all and Pensions. demic and special librarians, library trust- hospitals would be 4 percent, but that EDUCATING AMERICA’S GIRLS ACT ees, friends of libraries and library sup- the reimbursement to low-volume hos- Ms. SNOWE. Mr. President, I rise porters, I thank you for your efforts to im- pitals would decline by an average of 17 today with my colleague, Senator TED prove the resources in school libraries. We percent. For example, Southwestern KENNEDY, to introduce legislation that offer the support of our members in working towards passage of the legislation. Vermont Medical Center in will play a critical role in the advance- Sincerely, Bennington, Vermont, is estimated to ment of education as we prepare for the ANN K. SYMONS, experience a 16 percent decline in pay- demands of the 21st Century. Specifi- President. ment. The Chief Executive Officer of cally, the ‘‘Educating America’s Girls

VerDate jul 14 2003 14:17 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00084 Fmt 0686 Sfmt 0634 E:\BR99\S22JN9.003 S22JN9 13792 CONGRESSIONAL RECORD—SENATE June 22, 1999 Act of 1999’’ will ensure that our na- students, including girls, are not put at assed were harassed in the classroom; tion’s children—and young women in a disadvantage. and 73 percent of girls who have been particular—will be prepared for the job Of note, a 1998 report by the Amer- harassed were harassed in the hallway market of the coming millenium, while ican Association of University Women, of their school; a student’s first experi- also ensuring that the unique needs of Gender Gaps: Where Our Schools Still ence of sexual harassment is most like- girls are properly addressed in our na- Fail Our Children, found that girls, ly to occur in the middle school/junior tion’s schools and classrooms. when compared to boys, are at a sig- high years of 6th to 9th grade; and 81 Given the critical role of education nificant disadvantage as technology is percent of girls who have been harassed in preparing our children for the fu- increasingly incorporated into the do not report it to adults. ture, it is understandable that there is classroom. Specifically, girls tend to A 1996 University of Michigan study heightened interest in ensuring that come to the classroom with less expo- showed that sexual harassment can re- the highest academic standards and sure to computers and other tech- sult in academic problems such as pay- best practices are incorporated in our nology, and girls believe that they are ing less attention in class and Hostile nation’s schools and classrooms. As less adept at using technology than Hallways found that 32 percent of girls Congress undertakes the reauthoriza- boys. As a result, girls tend to have a do not want to talk as much in class tion of the Elementary and Secondary more ‘‘circumscribed, limited, and cau- after experiencing harassment. Fur- Education Act (ESEA) of 1965, the pro- tious’’ interaction with technology thermore, thirty-three percent of girls visions of the ‘‘Educating America’s than boys, as highlighted in the report. do not want to go to school at all due Girls Act’’ will ensure that the varying Schools can assist girls in developing to the stress and anxiety they suffered educational needs of all students, and a confident relationship to technology as a result of the sexual harassment, young girls in particular, are recog- by integrating digital tools into the and nearly one in four girls say that nized and addressed—and ultimately curriculum so girls can pursue their harassment caused them to stay home ensure that our efforts to reform and own interests. Unfortunately, current from school or cut a class. improve education are realized. law lacks assurances that federal edu- We know little else about the extent Mr. President, due to the changes cation programs will compensate for of sexual harassment or even the na- adopted in 1994, gender equity is a girls’ different learning styles and dif- ture and extent of more serious sexual major theme throughout the ESEA. ferent exposures to technology. crimes in schools. The Safe and Drug- Specifically, the needs of girls are ad- Accordingly, provisions in the ‘‘Edu- Free Schools and Communities Act dressed in current law by requiring cating America’s Girls Act’’ will ensure (SDFSCA) requires the National Center professional development activities to that the different learning styles of for Education Statistics (NCES) to col- meet the needs of diverse students, in- girls and other students will be taken lect data on violence in elementary cluding girls; encouraging professional into consideration when monies are and secondary schools in the United development and recruitment activi- awarded for a variety of existing K–12 States. However, these reports provide ties to increase the numbers of women programs. Furthermore, it also in- only a very limited picture of sexual math and science teachers; including cludes the ‘‘High Technology for Girls offenses in schools because they only sexual harassment and abuse as a focus Act’’ (High-Tech Girls), legislation I capture data on rape or sexual battery of the Safe and Drug-Free Schools Act; have already introduced that will en- reported to police. Further, school broadening dropout prevention activi- sure young girls are encouraged to pur- crime victimization surveys do not in- ties to address the needs of pregnant sue degrees and demanding careers in clude questions on threats or abuse and parenting teens; and reauthorizing math, science, engineering, and tech- that are sexual in nature. the Women’s Educational Equity Act nology—fields that are critical in the Sexual harassment in schools is ille- (WEEA), which funds research and pro- increasingly technologically-driven gal, a form of sexual discrimination grams to achieve educational equity workplace. banned under Title IX of the Education for women. Mr. President, as we seek to ensure Amendment of 1972. Unfortunately, on During the ESEA reauthorization that the unique technological needs of the 25th anniversary of Title IX, a re- process, we should not only work to girls are addressed in the classroom, we port by the National Coalition for maintain the important gender equity also cannot ignore that sexual harass- Women and Girls in Education provisions that were included in the ment and abuse is another issue of im- (NCWGE) found that less progress was 1994 law, but also to prepare girls for portance as we seek to educate our na- made in the area of sexual harassment the future by adding the following pro- tion’s children. than in any other gender equity issue visions: ensure education technology While comprehensive research should in education. NCWGE concluded that programs are targeted in a manner be done on the pervasiveness of sexual few schools have sexual harassment that addresses the unique needs of all harassment in schools—and ‘‘Edu- policies, or effectively enforce them. students, including girls; provide cating America’s Girls Act’’ will ensure Therefore, in addition to calling for schools with resources to combat sex- that such a study is completed—var- more intensified Office of Civil Rights ual harassment and abuse; collect data ious studies have found that the vast enforcement, NCWGE called on schools on high school athletic participation majority of secondary school students to adopt comprehensive policies and by girls; keep pregnant and parenting experience some form of sexual harass- programs addressing sexual harass- teens in school; and reauthorize WEEA. ment during their school lives. ment. Accordingly, the ‘‘Educating Amer- For instance, the AAUW Educational The reauthorization of the ESEA ica’s Girls Act’’ contains provisions Foundation’s 1993 survey of 8th gives us an opportunity to greatly re- that will address all of these needs, so through 11th grade students on sexual duce the incidence of sexual harass- I urge that my colleagues support this harassment in schools, Hostile Hall- ment by gathering data on these often legislation and these additions during ways: The AAUW Survey on Sexual hidden offenses and providing programs the upcoming reauthorization of the Harassment in America’s Schools, to prevent sexual harassment and ESEA. found that the vast majority of sec- abuse. Accordingly, the ‘‘Educating Mr. President, with the growing de- ondary school students experienced America’s Girls Act’’ ensures that this mand for technological skills in the some form of sexual harassment and data will be compiled and that schools workplace—including six out of 10 jobs that girls are disproportionately af- are provided with resources to combat requiring technological skills—the fected. sexual harassment. Of importance, be- need to incorporate technology in the While data on the incidence of sexual cause the definition of sexual harass- classroom cannot be understated. Ac- harassment is scant, Hostile Hallways ment in elementary and secondary cordingly, the utilization of education found that 85 percent of girls experi- schools can be contentious, the legisla- technology in the classroom is an enced some form of sexual harassment; tion ensures that local schools will arena in which we must ensure that all 65 percent of girls who have been har- have the sole authority to define the

VerDate jul 14 2003 14:17 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00085 Fmt 0686 Sfmt 0634 E:\BR99\S22JN9.003 S22JN9 June 22, 1999 CONGRESSIONAL RECORD—SENATE 13793 forms of sexual harassment that will be cited reasons why girls drop out of are instituting programs to address the addressed, and the sole authority to de- school, and the United States has the problems of sexual harassment and termine the types of programs that highest teen pregnancy rate of any in- abuse. Increasing numbers of girls are will be undertaken to address it. dustrialized nation. In fact, almost one participating in high school athletics Mr. President, equal access to edu- million teenagers become pregnant and receiving college athletic scholar- cation for girls also means equal access each year and 80 percent of these preg- ships. to opportunities for athletic participa- nancies are unintended. While these improvements are com- tion in our schools, particularly our Pregnancy and parenting account for mendable, they are not enough. Contin- high schools. Unfortunately, nation- half the female dropout rate and one ued progress is necessary. The Edu- wide data measuring the participation fourth of the dropout rate for all stu- cating America’s Girls Act addresses of girls in physical education and high dents. Two-thirds of girls who give some of the most pressing issues in school athletics programs is very lim- birth before age 18 will not complete educational equity: access to tech- ited. high school, and the younger the ado- nology, school safety, high school ath- Participation in high school athletic lescent is when she becomes pregnant, letics, and dropout rates. programs is important for girls because the more likely it is that she will not Technology education is particularly research has shown that it improves complete high school. important for all students, but girls’ girls’ physical and mental health. For The last reauthorization of ESEA needs are particularly acute. While instance, a study by the President’s broadened the dropout prevention pro- gaps between boys and girls in math Council on Physical Fitness and Sports gram to address the needs of pregnant and science are narrowing, the gender recently found that girls playing sports and parenting teens. Because this prob- gap in technology is growing. have better physical and emotional lem remains so pervasive, the ‘‘Edu- Girls tend to come to the classroom health than those who do not. The cating America’s Girls Act’’ contains with less exposure to computers and study also found that higher rates of provisions to strengthen the ESEA’s other technology than boys. Girls often athletic participation were associated support for programs that keep preg- believe that they are less adept at with lower rates of sexual activity and nant and parenting teens in school, in- using technology than boys are. They pregnancy. Other studies link physical cluding the utilization of mentoring tend to be more cautious than boys in activity to lower rates of heart disease, programs. the ways that they interact with technology. breast cancer, and osteoporosis in later Finally, Mr. President, the Women’s Girls are also dramatically under- life. Sports build girls’ confidence, Educational Equity Act (WEEA) represents the federal commitment to represented in advanced computer sense of physical empowerment, and helping schools eradicate sex discrimi- science courses, making them less eli- social recognition within the school nation from their programs and prac- gible than boys for high wage, high- and community. tech jobs. The fact that girls are less In addition, many girls who partici- tices and to ensuring that girls’ future choices and success are determined not likely than boys to take advanced com- pate in high school athletics programs by their gender, but by their own inter- puter science courses actually helps receive college scholarships. Therefore, ests, aspirations, and abilities. Since perpetuate a cycle of disadvantage in by participating in high school ath- the program’s inception in 1974, the educational technology. Because fewer letics programs, girls increase their WEEA has funded research, develop- girls will have the skills to enter high- chances at receiving a college scholar- ment, and dissemination of curricular tech fields, fewer women will be devel- ship—which may be the only way that materials; training programs; guidance opers of educational software and fewer some young women will be able to pur- and testing activities; and other role models will be available for young sue a higher education. projects to combat inequitable edu- girls. Because of the lack of data on girls’ cational practices. For girls to have equal access to the participation in physical education and Because of the important role that growing job market in the computer athletics during grades K–12, the ‘‘Edu- the WEEA has played in addressing sex field, immediate steps must be taken cating America’s Girls Act’’ will ensure discrimination over the past 25 years, to close the technology gap between that this data is collected and re- the ‘‘Educating America’s Girls Act’’ boys and girls. The Educating Amer- ported. Ultimately, this assembling of reauthorizes the WEEA so that it can ica’s Girls Act addresses problems with information will allow us to determine continue to address the needs of women girls’ access to technology by providing if girls are fully participating in these for many years to come. professional development to assist activities, and if further steps should Mr. President, the bottom line is teachers in dealing more effectively be taken to increase their involvement. that the reauthorization of the ESEA with the technology needs of girls. It Mr. President, education is ulti- provides us with a unique opportunity gives local and state governments and mately the means for all girls, includ- to address the numerous needs of our private and pubic schools and institu- ing pregnant and parenting teens, to nation’s students as we prepare for the tions of higher education the oppor- achieve economic self-sufficiency. Yet 21st Century. I believe that the provi- tunity to meet their needs in their ap- despite our strides to make education sions of the ‘‘Educating America’s plications for federal grants. Finally, accessible to girls, dropping out of Girls Act’’ will address a variety of the Act states that the Title III provi- school remains a serious problem that these needs—and the unique needs of sions authorizing support for develop- should be addressed in the reauthoriza- girls in particular—and urge that my ment of education technology must tion of the ESEA. colleagues support this legislation ac- give special consideration to programs Five out of every 100 young adults cordingly during the months ahead. incorporating the technology learning enrolled in high school in 1996 left Mr. KENNEDY. Mr. President, in re- needs of girls. school without successfully completing cent decades, the nation’s schools have School safety is another concern for a high school program. In October of made great progress in ensuring that America’s girls. Recent studies reveal 1997, 3.6 million young adults, or 11 per- young girls receive an equitable edu- that 85 percent of girls have experi- cent of young adults between the ages cation. Gender gaps in math and enced some form of sexual harassment. of 16 and 24 in the United States, were science performance have narrowed. Sixty-five percent of girls who have neither enrolled in a high school pro- More girls are taking algebra, geom- been harassed were harassed in the gram nor had they completed high etry, pre-calculus, trigonometry, and classroom, and 73 percent were har- school. Of note, girls who drop out are calculus than ever before. More girls assed in school hallways. Eighty-one less likely than boys to return and are taking honors and advanced place- percent of girls who have been harassed complete school. ment level courses in calculus and do not report the harassment to an Twenty-five years after the enact- chemistry. adult. Thirty-three percent of girls re- ment of Title IX, pregnancy and par- Schools are making progress in other port not wanting to go to school be- enting are still the most commonly areas as well. More and more schools cause of anxiety and stress caused by

VerDate jul 14 2003 14:17 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00086 Fmt 0686 Sfmt 0634 E:\BR99\S22JN9.003 S22JN9 13794 CONGRESSIONAL RECORD—SENATE June 22, 1999 harassment. Nearly one quarter of girls vital that accurate data on girls’ par- Significant strides have been made in report staying home from school or ticipation in physical education and securing more equitable education for cutting classes because of harassment. high school athletics be collected and the nation’s young women and girls, These numbers are clearly unaccept- made available. Unfortunately, current but we cannot afford to be complacent. able. It is imperative that our schools nationwide data is limited, making it We must keep moving forward to guar- do a better job of recognizing and difficult to determine progress toward antee that girls are full participants in eradicating sexual harassment in equity in athletics, as required by Title the economic and social development schools. As the recent Supreme Court IX. The Act helps ensure that girls’ in- of our country. Measures to assure gen- ruling in Davis v. Monroe County terests are being met by requiring data der equity in education are a key Board of Education makes clear, school collection on the participation of high means of accomplishing this goal. Pas- districts may now be sued for damages school students, by gender, in physical sage of the Educating America’s Girls if they fail to respond to student sexual education and athletics. Act is a vital next step for increasing harassment of other students. The Act also addresses concerns gender equity in education. The Educating America’s Girl’s Act about the dropout rate among pregnant provides $10 million for district level teenagers. Almost one million girls in By Mr. GORTON (for himself, Ms. programs to train teachers and admin- America become pregnant each year, COLLINS, Mr. GREGG, Mr. istrators in identifying and preventing and 80 percent of these pregnancies are COVERDELL, Mr. BROWNBACK, sexual harassment. In addition, the Act unintended. Education is the means for Mr. ASHCROFT, Mr. HELMS, and makes high rates of sexual harassment all girls, including pregnant and par- Mr. VOINOVICH): in schools a consideration in deter- enting teens, to achieve economic suc- S. 1266. A bill to allow a State to mining the distribution of state grants cess. Yet girls who become pregnant as combine certain funds to improve the for violence prevention programs. It teenagers are most likely to drop out academic achievement of all its stu- also requires that sexual harassment of school, jeopardizing not only their dents; to the Committee on Health, and abuse prevention be among the ac- own economic security but that of Education, Labor, and Pensions. tivities included in a school’s com- their children as well. The younger a THE STRAIGHT A’S ACT prehensive drug and violence program. girl is when she becomes pregnant, the Mr. GORTON. Mr. President, I rise Finally, the Act requires the National more likely she is to drop out. Two- today to introduce the Academic Center for Educational Statistics to thirds of girls who become pregnant be- Achievement for All Act. As a parent collect data on sexual harassment and fore age 18 will not complete school. and grandparent I know that there is abuse in schools as a means of identi- Girls who drop out of school are less no more important issue than our chil- fying and addressing the problem more likely to return than boys. While teen- dren’s education. Education unlocks effectively. age pregnancy rates have declined in the door to a lifetime of learning; pre- The Act supports girls’ participation recent years, they are still too high pares us to participate in our democ- in high school athletics. Since the pas- and a reason for grave concern. racy; helps our children lead produc- sage of Title IX over a quarter century The Act focuses on the needs of preg- tive, independent lives and ensures ago, increasing numbers of girls are nant and parenting teens by supporting that our country is economically com- participating in organized sports, al- mentoring and support programs that petitive. Education is a vital issue be- encourage girls who are pregnant or though boys continue to participate at fore the Senate as we consider the re- have children to stay in school. higher rates. authorization of the Elementary and It is also important that the Wom- Studies show that girls who do so are Secondary Education Act—the heart of en’s Educational Equity Act be reau- emotionally and physically healthier Washington D.C.’s role in K–12 edu- thorized. WEEA stands for the federal than girls who do not. Involvement in cation. commitment to help schools eradicate sports can also lead to higher self-es- Over the last several years I have sex discrimination and ensure that talked with countless teachers, prin- teem and confidence, more positive at- girls’ futures are not limited by their cipals, parents, and school board mem- titudes toward school, an improved gender, but are determined by their in- bers about our educational system. I sense of physical well-being, social rec- terests, aspirations, and abilities. consistently hear that Washington, ognition in the school and community, Since its enactment in 1974, it has pro- D.C. interferes with local efforts to and a reduction in destructive behav- vided critical support in combating in- help students achieve high standards. I ior. equitable educational practices. In addition, higher rates of athletic It provides resources for teachers, ad- hear about bureaucratic hurdles, reams participation for girls are associated ministrators, and parents seeking prov- of paperwork and one-size-fits-all pro- with lower rates of sexual activity and en methods to ensure equity in schools grams. Based on that input, Congress- pregnancy. Girls who participate in and communities. It provides materials man GOODLING and I have written a bill sports are also less likely to drop out and tools to help schools comply with that will refocus federal education proof school and less likely to smoke ciga- Title IX. It provides research and grams on children and learning instead rettes. Girls who engage in physical ac- model programs to back up Title IX’s of process and paperwork. It is based tivity in high school are less likely to promise to students of a non-discrimi- on a fundamental trust that parents, suffer from heart disease, breast can- natory education. teachers, local educators and states cer, and osteoporosis in late life. It helps girls become confident, edu- will make the best decisions regarding Participation in sports also has a cated, and self-sufficient women our children’s education, rather than positive effect on students’ academic through projects to prevent teen preg- bureaucrats 3,000 miles away in Wash- performance. Students involved in nancy; to keep girls in school; to guide ington, DC. Its only common sense. sports and other extracurricular activi- them toward careers in math, science, For too long Washington’s programs ties perform better on assessments in and technology; and to provide them have been driven by an obsession to reading and mathematics. In addition, with mentors. It has funded over 700 comply with rules and regulations. In for many girls, high school athletic op- programs since 1974, including pro- our state, 50 percent of all the paper- portunities translate into college grams on math and science education work an educator deals with is the re- scholarships. and careers, sexual harassment, gen- sult of federal programs. Yet the aver- Although there is ample evidence der-biased teaching practices, and age school district receives only six that physical activity and athletics are women’s history. percent of its budget from the federal beneficial to girls, they are less phys- The Educating America’s Girls Act government. On a nationwide basis, ically active and less involved in high will continue all this vital work on be- federal paperwork eats up 48 million school athletics than boys are. In order half of girls and young women by reau- people hours per year. That’s 25,000 em- to determine in what ways girls are af- thorizing the Women’s Educational Eq- ployees working full time on paper, not fected by athletic participation, it is uity Act. on helping our students learn. Is our

VerDate jul 14 2003 14:17 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00087 Fmt 0686 Sfmt 0634 E:\BR99\S22JN9.003 S22JN9 June 22, 1999 CONGRESSIONAL RECORD—SENATE 13795 educators’ time spent filling out forms What this means for states and make the best decisions about our chil- or teaching children how to read? school districts is that they can use dren’s education that each week I’ve Former Secretary of Education Bill federal funds for any initiative that come to the Senate floor to recognize Bennett put it succinctly in a recent improves performance of students in individuals, schools, and educational statement: ‘‘. . . our students have their state. Those states that choose to programs in Washington state that fallen further and further behind stu- participate can focus more funds on demonstrate innovation and excellence dents in other countries. American disadvantaged students, increase ef- in education. 12th graders now rank 19th out of 21 na- forts to improve teacher quality, re- My first award went to the Tukwila tion in mathematics achievement; 16th duce class size or even hook up all School District which had its ethnic di- of 21 in science; 15th out of 16 in ad- their classes to the Internet. The one versity grow by more than 1,000 percent vanced math; and 16th out of 16 nations string is that these efforts must in- in the last seven years. I had the oppor- in advanced physics. And this competi- crease the achievement of all stu- tunity to visit this district earlier this tion does not include Singapore, Korea, dents—including the lowest performing year, and I found that 20% of the dis- Japan and Hong Kong—which is rather students—over the course of five years. trict’s students are enrolled in bilin- like finishing last in a professional If states do not substantially meet gual education, and all told, they speak hockey league that does not include those goals, they would lose their flexi- about 30 different languages. To meet Canadians.’’ bility and revert to the categorical, the challenge of integrating this immi- The good news is that we have before regulated approach under current law. grant population into the school sys- us an opportunity to restructure the If states do well and significantly re- tem and the community, the Tukwila way the federal government interacts duce achievement gaps between high School District, the City of Tukwila, with states and local communities in and low performing students, they may and the local Rotary Club created terms of education policy. We must not be rewarded with additional funds. ‘‘New Friends & Families’’—a program Finally, it should also be noted that continue to support a system that has designed to engage these hard-to-reach participating states and school dis- stifled creativity in states and local immigrant and refugee students and tricts would not lose any Title I fund- their families to make them aware of communities—the very place real edu- ing. If Title I, Part A is included by a community services and to encourage cation reform happens. state, each school district in that state While freedom and flexibility are im- parental involvement in their chil- would be assured of receiving at least portant, our schools should also be ac- dren’s education. It is programs like as much money as they received in the ‘‘New Friends & Families’’ that illus- countable for results—not to Wash- fiscal year preceding the year of the trate the local innovation and local ington, DC but to the standards each agreements enactment. partnerships working to ensure all of state and community has been working This proposal will allow educators to their students achieve. on to ensure its students are prepared do what they do best—teach kids. We I also had the pleasure over this last for the 21st Century. We can’t forget should focus on students learning and break to stop by Chris Luther’s 3rd that our schools are ultimately ac- achieving, not process and paperwork. grade class at Beachwood Elementary countable to the voters in each com- My colleagues should also know that School. This class did not miss a spell- munity who elect the local school I did not develop this concept in a vac- ing word on their weekly spelling tests boards and the parents who send their uum. As I mentioned earlier over the for the entire school year. This is a children to our schools. course of the past few years I have classroom of average kids, all with dif- My proposal, the Straight A’s Act, heard from literally hundreds of par- ferent backgrounds and abilities. Yet, will give parents, educators, school dis- ents and educators about the chal- Mr. Luther has found a way to encour- tricts and states more decision-making lenges they face trying to provide the age and tutor these students so they authority over the way in which fed- best possible education for their chil- are all accomplishing equally praise- eral education funding is used. It dren. In particular, during the last con- worthy work. The key has not been means our children’s teachers will gressional recess period I traveled to some magical formula rather, the suc- spend less time filling out paperwork several schools around Washington cess of these students comes from a and more time in classrooms. And, state and had a chance to talk to many concerted effort by Mr. Luther to boost equally important, it means that more educators about my legislation. their self-esteem, to enhance their federal education dollars will find their They’ve since responded with enthusi- memory skills, and to impress upon way into our children’s schools, where astic support for my proposal—I’d like every child in the classroom that they belong. Right now, as little as 65 to share some of their comments with learning is important. Those strategies cents of every dollar the nation’s tax- you now: combined with the individual effort of payers invest in education makes it We need more control at the local level not each of his students has clearly paid into the classroom. more rules and regulations from the federal off. Those students may not remember government.—Dennis Birr, President of the Straight A’s relies on a simple for- how to spell each of the words they mula: Association of Washington School Prin- cipals. learned this year, but they will remem- Freedom+Accountability=Results. Senator Gorton’s Straight A’s proposal is ber their third grade teacher for the States would have the option of sub- well-conceived with great flexibility for rest of their lives. mitting a proposal to the Secretary of states and districts. It would help to focus Then there’s Karen Mikolasy, Wash- Education that would set specific, federal resources where they are most need- ington state’s teacher of the year, who measurable performance goals to be ed.—Janet Barry, Issaquah Superintendent has taught for 28 years at Shorecrest reached in five years. States would be and 1996 National Superintendent of the High School with passion for her stu- allowed maximum flexibility with the Year. I believe that the choice is very clear. dents and for her work. She emphasizes use of most of their Federal K–12 for- Would I trade the present government re- consistency and standards. In Mrs. mula program funds for state edu- strictions and stifling paperwork for flexi- Mikolasy’s class homework is handed cation priorities and programs in ex- bility and higher accountability? The answer in on time and papers are rewritten change for being held accountable for is absolutely yes!—Dr. Richard Semler, Su- until each student earns at least a B. meeting the goals set in their proposal. perintendent of the Richland School Dis- That consistency in expectations also This would allow States the freedom to trict. carries over to consistent positive rein- The Straight A’s Act would release a tre- address more effectively the needs of mendous amount of badly needed education forcement to her students—she tells students in their state. Alternatively, dollars and give school districts the flexi- them daily that it is a privilege to be states would be free to continue to ad- bility they desperately need.—State Senator their teacher. She says that in 28 years, minister Federal education programs Don Benton (R–17th) and State Representa- not one day has gone by which she the old way. Straight A’s does not tive Marc Boldt (R–17th). hasn’t wanted to be in the classroom eliminate any program—it’s the state’s I believe so strongly in the funda- with her students. She was also re- choice to chose its approach. mental principal that local people cently recognized as the Washington

VerDate jul 14 2003 14:17 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00088 Fmt 0686 Sfmt 0634 E:\BR99\S22JN9.003 S22JN9 13796 CONGRESSIONAL RECORD—SENATE June 22, 1999 State Teacher of the Year. In the few (1) TERM.—A statement that the term of (ii) take into account the progress of stu- minutes I met with her, I understood the performance agreement shall be 5 years. dents from every local educational agency why she won this honor. Her passion (2) APPLICATION OF PROGRAM REQUIRE- and school in the State; and commitment to educating and in- MENTS.—A statement that no program re- (iii) measure changes in the percentages of quirements of any program included by the students at selected grade levels meeting spiring young people was clear. State in the performance agreement shall specified proficiency levels of achievement I hope these examples clearly illus- apply, except as otherwise provided in this (established by the State) in the final year of trate why it is important that we re- Act. the performance agreement, compared to turn to our states and local commu- (3) LIST.—A list provided by the State of such percentages in the baseline year (as de- nities the right to set priorities that the programs that it wishes to include in the scribed in subparagraph (C)); reflect the unique needs of their stu- performance agreement. (iv) set numerical goals to attain by the dents and allow more districts to have (4) USE OF FUNDS TO IMPROVE STUDENT end of the term of the performance agree- the ability to innovate like the ACHIEVEMENT.—Include a 5-year plan describ- ment to— ing how the State intends to combine and (I) improve the performance of the groups Tukwila School District, and more use the funds from programs included in the specified in paragraph (5)(B); and teachers to spend more time with their performance agreement to advance the edu- (II) reduce achievement gaps between the students and hopefully emulate the ex- cation priorities of the State, improve stu- highest and lowest performing groups of stu- amples set by Chris Luther and Karen dent achievement, and narrow achievement dents by raising the achievement levels of Mikolasy. gaps between students. the lowest performing students in mathe- In each of the last two years the Sen- (5) ACCOUNTABILITY SYSTEM REQUIRE- matics and reading, at a minimum; and ate has voted to send more money to MENTS.—If a State includes part A of title I (v) require all students in the State to our classrooms, but the President has of the Elementary and Secondary Education make substantial gains in achievement. threatened a veto. I will try again this Act of 1965 in its performance agreement, the (B) ADDITIONAL INDICATORS OF PERFORM- State shall include a certification that the ANCE.—A State may identify in the perform- year. I’m going to keep fighting for a State has the following: ance agreement any additional indicators of shift from programs focused on proce- (A)(i) developed and implemented the chal- performance such as graduation, dropout, or dures and paperwork to a system that lenging State content standards, challenging attendance rates. puts student learning and academic State student performance standards, and (C) BASELINE PERFORMANCE DATA.—To de- achievement first—a system that lets aligned assessments described in section termine student achievement levels for the those closest to our children—their 1111(b) of the Elementary and Secondary baseline year, the State shall use its most parents, teachers, and principals and Education Act of 1965, and for which local recent achievement data when executing the school board members decide what’s educational agencies in the State are pro- performance agreement. ducing the individual school performance (D) CONSISTENCY OF PERFORMANCE MEAS- best for our children. profiles required by section 1116(a)(3) of such URES.—A State shall maintain, at a min- I ask unanimous consent that the Act; or imum, the same challenging State student text of the bill be printed in the (ii) developed and implemented a system to performance standards and assessments RECORD. measure the degree of change from 1 school throughout the term of the performance There being no objection, the bill was year to the next in student performance on agreement. ordered to be printed in the RECORD, as such assessments; (7) FISCAL RESPONSIBILITIES.— An assur- follows: (B) established a system under which as- ance that the State will use fiscal control S. 1266 sessment information is disaggregated by and fund accounting procedures that will en- race, ethnicity, sex, English proficiency sta- sure proper disbursement of, and accounting Be it enacted by the Senate and House of Rep- tus, and socioeconomic status for the State, for, Federal funds paid to the State under resentatives of the United States of America in each local educational agency, and each this Act. Congress assembled, school, except that such disaggregation shall (8) CIVIL RIGHTS.—An assurance that the SECTION 1. SHORT TITLE. not be required in cases in which the number State will meet the requirements of applica- This Act may be cited as the ‘‘Academic of students in any such group is insufficient ble Federal civil rights laws. Achievement for All Act (Straight A’s Act)’’. to yield statistically reliable information or (9) PRIVATE SCHOOL PARTICIPATION.—An as- SEC. 2. PURPOSE. would reveal the identity of an individual surance that the State will provide for the The purpose of this Act is to create options student; equitable participation of students and pro- for States and communities— (C) established specific, measurable, nu- fessional staff in private schools in accord- (1) to improve the academic achievement merical performance objectives for student ance with section 14503 of the Elementary of all students, and to focus the resources of achievement, including— and Secondary Education Act of 1965 (20 the Federal Government upon such achieve- (i) a definition of performance considered U.S.C. 8893). ment; to be satisfactory by the State on the assess- (10) STATE FINANCIAL PARTICIPATION.—An (2) to give States and communities max- ment instruments described under subpara- assurance that the State will not reduce the imum freedom in determining how to boost graphs (A) and (B) with performance objec- level of spending of State funds for education academic achievement and implement edu- tives established for all students and for spe- during the term of the performance agree- cation reforms; cific student groups, including groups for ment. (3) to hold States and communities ac- which data is disaggregated under subpara- (11) ANNUAL REPORT.—An assurance that countable for boosting the academic achieve- graph (B); and not later than 1 year after the execution of ment of all students, especially disadvan- (ii) the objective of improving the perform- the performance agreement, and annually taged children; and ance of all groups and narrowing gaps in per- thereafter, each State shall disseminate (4) to narrow achievement gaps between formance between those groups; and widely to the general public, submit to the the lowest and highest performing groups of (D) developed and implemented a statewide Secretary, distribute to print and broadcast students so that no child is left behind. system for holding its local educational media, and post on the Internet, a report SEC. 3. PERFORMANCE AGREEMENT. agencies and schools accountable for student that includes— (a) PROGRAM AUTHORIZED.—A State may, performance that includes— (A) student performance data, at its option, execute a performance agree- (i) a procedure for identifying local edu- disaggregated as provided in paragraph ment with the Secretary under which the cational agencies and schools in need of im- (5)(A)(ii); and provisions of law described in section 4(a) provement; (B) a detailed description of how the State shall not apply to such State except as oth- (ii) assisting and building capacity in local has used Federal funds to improve student erwise provided in this Act. educational agencies and schools identified performance and reduce achievement gaps to (b) APPROVAL OF PERFORMANCE AGREE- as in need of improvement to improve teach- meet the terms of the performance agree- MENT.—A performance agreement submitted ing and learning; and ment. to the Secretary under this section shall be (iii) implementing corrective actions if the (d) SPECIAL RULE.—If a State does not in- approved by the Secretary unless the Sec- assistance and capacity building under clude part A of title I of the Elementary and retary makes a written determination, with- clause (ii) is not effective. Secondary Education Act of 1965 in its per- in 60 days after receiving the performance (6) PERFORMANCE GOALS.— formance agreement, the State shall— agreement, that the performance agreement (A) STUDENT ACHIEVEMENT DATA.—Each (1) certify that it has developed a system is in violation of the provisions of this Act. State shall establish student performance to measure the academic performance of all (c) TERMS OF PERFORMANCE AGREEMENT.— goals for the 5-year term of the performance students; and Each performance agreement executed pur- agreement that, at a minimum— (2) establish performance goals in accord- suant to this Act shall include the following (i) establish a single high standard of per- ance with subsection (c)(6) for such other provisions: formance for all students; programs.

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(e) AMENDMENT TO PERFORMANCE AGREE- Governor of the State. In a State in which the performance agreement for administra- MENT.—A State may submit an amendment the constitution or State law designates an- tive purposes. to the performance agreement to the Sec- other individual, entity, or agency to be re- SEC. 8. PERFORMANCE REVIEW. retary under the following circumstances: sponsible for education, such other indi- (a) FAILURE TO MEET TERMS.—If at the end (1) REDUCE SCOPE OF PERFORMANCE AGREE- vidual, entity, or agency shall work in con- of the 5-year term of the performance agree- MENT.—Not later than 1 year after the execu- sultation with the Governor and State legis- ment a State has failed to meet at least 80 tion of the performance agreement, a State lature to determine the local distribution of percent of the performance goals submitted may amend the performance agreement funds. in the performance agreement, the Secretary through a request to withdraw a program (b) LOCAL HOLD HARMLESS OF PART A TITLE shall terminate the performance agreement from such agreement. If the Secretary ap- 1 FUNDS.— and the State shall be required to comply proves the amendment, the requirements of (1) IN GENERAL.—In the case of a State that with the program requirement, in effect at existing law shall apply for any program includes part A of title I in the performance the time of termination, of each program in- withdrawn from the performance agreement. agreement, the agreement shall provide an cluded in the performance agreement. (2) EXPAND SCOPE OF PERFORMANCE AGREE- assurance that each local educational agency (b) PENALTY FOR FAILURE TO IMPROVE STU- MENT.—Not later than 1 year after the execu- shall receive an amount equal to or greater DENT PERFORMANCE.—If a State has made lit- tion of the performance agreement, a State than the amount such agency received under tle or no progress toward achieving its per- may amend its performance agreement to in- part A of title I of the Elementary and Sec- formance goals by the end of the term of the clude additional programs and performance ondary Education Act of 1965 in the fiscal agreement, the Secretary shall reduce funds indicators for which it will be held account- year preceding the fiscal year in which the for State administrative costs for each pro- able. performance agreement is executed. gram included in the performance agreement by 50 percent for the 2-year period following SEC. 4. ELIGIBLE PROGRAMS. (2) PROPORTIONATE REDUCTION.—If the the end of the term of the performance (a) ELIGIBLE PROGRAMS.—The provisions of amount made available to the State from the law referred to in section 3(a) except as oth- Secretary for a fiscal year is insufficient to agreement. erwise provided in subsection (b), are as fol- pay to each local educational agency the SEC. 9. RENEWAL OF PERFORMANCE AGREE- MENT. lows: amount made available to such agency for (a) NOTIFICATION.—A State that wishes to (1) Part A of title I of the Elementary and the preceding fiscal year, the State shall re- renew its performance agreement shall no- Secondary Education Act of 1965. duce the amount each local educational tify the Secretary of its renewal request not (2) Part B of title I of the Elementary and agency receives by a uniform percentage. less than 6 months prior to the end of the Secondary Education Act of 1965. SEC. 6. LOCAL PARTICIPATION. term of the performance agreement. (3) Part C of title I of the Elementary and (a) NONPARTICIPATING STATE.— (b) RENEWAL REQUIREMENTS.—A State that Secondary Education Act of 1965. (1) IN GENERAL.—If a State chooses not to has met at least 80 percent of its perform- (4) Part D of title I of the Elementary and submit a performance agreement under this ance goals submitted in the performance Secondary Education Act of 1965. Act, any local educational agency in such agreement at the end of the 5-year term may (5) Section 1502, part E of title I of the Ele- State is eligible, at its option, to submit to reapply to the Secretary to renew its per- mentary and Secondary Education Act of the Secretary a performance agreement in formance agreement for an additional 5-year 1965. accordance with this section. period. Upon the completion of the 5-year (6) Part B of title II of the Elementary and (2) AGREEMENT.—The terms of a perform- term of the performance agreement or as Secondary Education Act of 1965. ance agreement between an eligible local soon thereafter as the State submits data re- (7) Section 3132 of title III of the Elemen- educational agency and the Secretary shall quired under the agreement, the Secretary tary and Secondary Education Act of 1965. specify the programs to be included in the shall renew, for an additional 5-year term, (8) Title IV of the Elementary and Sec- performance agreement, as agreed upon by the performance agreement of any State ondary Education Act of 1965. the State and the agency, from the list under that has met at least 80 percent of its per- (9) Title VI of the Elementary and Sec- section 4(a). formance goals. ondary Education Act of 1965. (b) STATE APPROVAL.—When submitting a SEC. 10. ACHIEVEMENT GAP REDUCTION RE- (10) Section 307 of the Department of Edu- performance agreement to the Secretary, an WARDS. cation Appropriation Act of 1999. eligible local educational agency described (a) CLOSING THE GAP REWARD FUND.— (11) Comprehensive school reform pro- in subsection (a) shall provide written docu- (1) IN GENERAL.—To reward States that grams as authorized under section 1502 of the mentation from the State in which such make significant progress in eliminating Elementary and Secondary Education Act of agency is located that it has no objection to achievement gaps by raising the achieve- 1965 and described on pages 96-99 of the Joint the agency’s proposal for a performance ment levels of the lowest performing stu- Explanatory Statement of the Committee of agreement. dents, the Secretary shall annually set aside Conference included in House Report 105–390 (c) APPLICATION.— sufficient funds from the Fund for the Im- (Conference Report on the Departments of (1) IN GENERAL.—Except as provided in this provement of Education under part A of title Labor, Health and Human Services, and Edu- section, and to the extent applicable, the re- X of the Elementary and Secondary Edu- cation, and Related Agencies Appropriations quirements of this Act shall apply to an eli- cation Act of 1965 to grant a reward to States Act, 1998)’’. gible local educational agency that submits that meet the conditions set forth in sub- (12) Part C of title VII of the Elementary a performance agreement in the same man- section (b) by the end of their 5-year per- and Secondary Education Act of 1965. ner as the requirements apply to a State. formance agreement. (13) Title III of the Goals 2000: Educate (2) EXCEPTIONS.—The following provisions (2) REWARD AMOUNT.—The amount of the America Act. shall not apply to an eligible local edu- reward referred to in paragraph (1) shall be (14) Sections 115 and 116, and parts B and C cational agency: not less than 5 percent of funds allocated to of title I of the Carl D. Perkins Vocational (A) WITHIN STATE DISTRIBUTION FORMULA the State during the first year of the per- Technical Education Act. NOT APPLICABLE.—The formula for the alloca- formance agreement for programs included (15) Subtitle B of title VII of the Stewart tion of funds under section 5 shall not apply. in the agreement. B. McKinney Homeless Assistance Act. (B) STATE SET ASIDE SHALL NOT APPLY.— (b) CONDITIONS OF PERFORMANCE REWARD.— (b) ALLOCATION AMOUNTS.—A State may The State set aside for administrative funds A State is eligible to receive a reward under choose to combine funds from any or all of in section 7 shall not apply. this section if the State reduces by not less the programs described in subsection (a) SEC. 7. SET-ASIDE FOR STATE ADMINISTRATIVE than 25 percent, over the 5-year term of the without regard to the program requirements EXPENDITURES. performance agreement, the difference be- of such provisions, except as otherwise pro- (a) IN GENERAL.—Except as otherwise pro- tween the percentage of highest and lowest vided in this Act and except that allocation vided under subsection (b), a State that in- performing groups of students that meet the ratios provided under the provisions referred cludes part A of title I of the Elementary State’s definition of ‘‘proficient’’ as ref- to in subsection (a) shall remain in effect un- and Secondary Education Act of 1965 in the erenced in section 1111(b)(1)(D)(i)(II) of the less otherwise provided. performance agreement may use not more Elementary and Secondary Education Act of (c) USES OF FUNDS.—Funds made available than 1 percent of such total amount of funds 1965, for the following: under this Act to a State shall be used for allocated to such State under the programs (A) CONTENT AREAS.—The reduction in the any educational purpose permitted by State included in the performance agreement for achievement gap shall include not less than law of the participating State. administrative purposes. 2 content areas, one of which shall be mathe- SEC. 5. WITHIN-STATE DISTRIBUTION OF FUNDS. (b) EXCEPTION.—A State that does not in- matics or reading. (a) IN GENERAL.—The distribution of funds clude part A of title I of the Elementary and (B) GRADES TESTED.—The reduction shall from programs included in the performance Secondary Education of 1965 its performance occur in at least 1 grade level. agreement from a State to a local edu- agreement may use not more than 3 percent SEC. 11. STRAIGHT A’S PERFORMANCE REPORT. cational agency within the State shall be de- of the total amount of funds allocated to The Secretary shall make the annual State termined by the State legislature and the such State under the programs included in reports described in section 3 available to

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the House Committee on Education and the 341, a bill to amend the Internal Rev- (Ms. LANDRIEU) was added as a cospon- Workforce and the Senate Committee on enue Code of 1986 to increase the sor of S. 662, a bill to amend title XIX Health, Education, Labor and Pensions not amount allowable for qualified adop- of the Social Security Act to provide later than 60 days after the Secretary re- tion expenses, to permanently extend medical assistance for certain women ceives the report. the credit for adoption expenses, and to screened and found to have breast or SEC. 12. CONSTRUCTION. To the extent that provisions of title XIV adjust the limitations on such credit cervical cancer under a federally fund- of the Elementary and Secondary Education for inflation, and for other purposes. ed screening program. Act of 1965 are inconsistent with this Act, S. 385 S. 693 this Act shall be construed as superseding At the request of Mr. ENZI, the names At the request of Mr. HELMS, the such provisions. of the Senator from Idaho (Mr. CRAPO) name of the Senator from Georgia (Mr. SEC. 13. DEFINITIONS. and the Senator from Kentucky (Mr. COVERDELL) was added as a cosponsor For the purpose of this Act: BUNNING) were added as cosponsors of of S. 693, a bill to assist in the enhance- (1) LOCAL EDUCATIONAL AGENCY.—The term S. 385, a bill to amend the Occupational ment of the security of Taiwan, and for ‘‘local educational agency’’ has the same Safety and Health Act of 1970 to fur- other purposes. meaning given such term in section 14101 of the Elementary and Secondary Education ther improve the safety and health of S. 727 Act of 1965 (20 U.S.C. 8801). working environments, and for other At the request of Mr. CAMPBELL, the (2) SECRETARY.—The term ‘‘Secretary’’ purposes. name of the Senator from Tennessee means the Secretary of Education. S. 391 (Mr. FRIST) was added as a cosponsor of (3) STATE.—The term ‘‘State’’ means each At the request of Mr. KERREY, the S. 727, a bill to exempt qualified cur- of the 50 States, the District of Columbia, names of the Senator from Pennsyl- rent and former law enforcement offi- the Commonwealth of Puerto Rico, Guam, vania (Mr. SANTORUM) and the Senator cers from State laws prohibiting the the United States Virgin Islands, the Com- from Pennsylvania (Mr. SPECTER) were monwealth of the Northern Mariana Islands, carrying of concealed firearms and to and American Samoa. added as cosponsors of S. 391, a bill to allow States to enter into compacts to SEC. 14. EFFECT ON STATE LAW. provide for payments to children’s hos- recognize other States’ concealed Nothing in this Act shall be construed to pitals that operate graduate medical weapons permits. supersede or modify any provision of a State education programs. S. 758 constitution or State law that prohibits the S. 424 At the request of Mr. ASHCROFT, the expenditure of public funds in or by sec- At the request of Mr. COVERDELL, the name of the Senator from Kentucky tarian institutions. name of the Senator from Kansas (Mr. (Mr. BUNNING) was added as a cosponsor f ROBERTS) was added as a cosponsor of of S. 758, a bill to establish legal stand- ADDITIONAL COSPONSORS S. 424, a bill to preserve and protect the ards and procedures for the fair, free choice of individuals and employ- prompt, inexpensive, and efficient reso- S. 222 ees to form, join, or assist labor organi- lution of personal injury claims arising At the request of Mr. LAUTENBERG, zations, or to refrain from such activi- out of asbestos exposure, and for other the name of the Senator from Illinois ties. purposes. (Mr. DURBIN) was added as a cosponsor S. 459 S. 796 of S. 222, a bill to amend title 23, At the request of Mr. BREAUX, the At the request of Mr. WELLSTONE, the United States Code, to provide for a na- name of the Senator from Iowa (Mr. name of the Senator from Virginia (Mr. tional standard to prohibit the oper- GRASSLEY) was added as a cosponsor of ROBB) was added as a cosponsor of S. ation of motor vehicles by intoxicated S. 459, a bill to amend the Internal 796, a bill to provide for full parity with individuals. Revenue Code of 1986 to increase the respect to health insurance coverage S. 242 State ceiling on private activity bonds. for certain severe biologically-based At the request of Mr. JOHNSON, the S. 517 mental illnesses and to prohibit limits name of the Senator from Iowa (Mr. At the request of Mr. GRAHAM, the on the number of mental illness-re- GRASSLEY) was added as a cosponsor of name of the Senator from Montana lated hospital days and outpatient vis- S. 242, a bill to amend the Federal Meat (Mr. BAUCUS) was added as a cosponsor its that are covered for all mental ill- Inspection Act to require the labeling of S. 517, a bill to assure access under nesses. of imported meat and meat food prod- group health plans and health insur- S. 798 ucts. ance coverage to covered emergency At the request of Mr. MCCAIN, the S. 288 medical services. name of the Senator from Texas (Mrs. At the request of Mr. KERRY, his S. 526 HUTCHISON) was added as a cosponsor of name was added as a cosponsor of S. At the request of Mr. GRAHAM, the S. 798, a bill to promote electronic 288, a bill to amend the Internal Rev- name of the Senator from Nevada (Mr. commerce by encouraging and facili- enue Code of 1986 to exclude from in- REID) was added as a cosponsor of S. tating the use of encryption in inter- come certain amounts received under 526, a bill to amend the Internal Rev- state commerce consistent with the the National Health Service Corps enue Code of 1986 to allow issuance of protection of national security, and for Scholarship Program and F. Edward tax-exempt private activity bonds to other purposes. Hebert Armed Forces Health Profes- finance public-private partnership ac- S. 820 sions Scholarship and Financial Assist- tivities relating to school facilities in At the request of Mr. CHAFEE, the ance Program. public elementary and secondary name of the Senator from Louisiana S. 333 schools, and for other purposes. (Ms. LANDRIEU) was added as a cospon- At the request of Mr. LEAHY, the S. 635 sor of S. 820, a bill to amend the Inter- names of the Senator from Montana At the request of Mr. MACK, the nal Revenue Code of 1986 to repeal the (Mr. BAUCUS) and the Senator from names of the Senator from New Hamp- 4.3-cent motor fuel excise taxes on rail- Connecticut (Mr. LIEBERMAN) were shire (Mr. GREGG), and the Senator roads and inland waterway transpor- added as cosponsors of S. 333, a bill to from Kansas (Mr. ROBERTS) were added tation which remain in the general amend the Federal Agriculture Im- as cosponsors of S. 635, a bill to amend fund of the Treasury. provement and Reform Act of 1996 to the Internal Revenue Code of 1986 to S. 980 improve the farmland protection pro- more accurately codify the depreciable At the request of Mr. BAUCUS, the gram. life of printed wiring board and printed name of the Senator from South Caro- S. 341 wiring assembly equipment. lina (Mr. HOLLINGS) was added as a co- At the request of Mr. CRAIG, the S. 662 sponsor of S. 980, a bill to promote ac- name of the Senator from Illinois (Mr. At the request of Mr. CHAFEE, the cess to health care services in rural DURBIN) was added as a cosponsor of S. name of the Senator from Louisiana areas.

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S. 1017 (Mr. SCHUMER) and the Senator from for the Department of State for fiscal At the request of Mr. MACK, the Connecticut (Mr. LIEBERMAN) were years 2000 and 2001; to provide for en- names of the Senator from Rhode Is- added as cosponsors of S. 1144, a bill to hanced security at United States diplo- land (Mr. REED), the Senator from Or- provide increased flexibility in use of matic facilities; to provide for certain egon (Mr. WYDEN), and the Senator highway funding, and for other pur- arms control, nonproliferation, and from Oregon (Mr. SMITH) were added as poses. other national security measures; to cosponsors of S. 1017, a bill to amend At the request of Mr. VOINOVICH, the provide for the reform of the United the Internal Revenue Code of 1986 to in- name of the Senator from Nevada (Mr. Nations; and for other purposes; as fol- crease the State ceiling on the low-in- REID) was withdrawn as a cosponsor of lows: come housing credit. S. 1144, supra. AMENDMENT NO. 705 S. 1028 S. 1165 On page 19, strike lines 1 through 19. At the request of Mr. HATCH, the At the request of Mr. MACK, the On page 19, line 20, strike ‘‘sec. 205.’’ and names of the Senator from Louisiana names of the Senator from Kansas (Mr. insert ‘‘sec. 204.’’. On page 20, line 10, strike ‘‘sec. 206.’’ and (Ms. LANDRIEU), the Senator from ROBERTS) and the Senator from Okla- insert ‘‘sec. 205.’’. South Carolina (Mr. THURMOND), and homa (Mr. NICKLES) were added as co- the Senator from Missouri (Mr. On page 35, line 24, strike ‘‘financial, and sponsors of S. 1165, a bill to amend the moral’’ and insert ‘‘and financial’’. ASHCROFT) were added as cosponsors of Internal Revenue Code of 1986 to repeal On page 36, line 8, strike ‘‘these’’. S. 1028, a bill to simplify and expedite the limitation on the amount of re- On page 54, line 7, strike ‘‘Inman’’. access to the Federal courts for injured ceipts attributable to military prop- On page 54, line 8, insert ‘‘chaired by Admi- parties whose rights and privileges, se- erty which may be treated as exempt ral Bobby Ray Inman’’ after ‘‘mission’’. cured by the United States Constitu- foreign trade income. On page 54, beginning on line 17 strike ‘‘The’’ and all that follows through ‘‘Tan- tion, have been deprived by final ac- S. 1189 tions of Federal agencies, or other gov- zania’’ on line 20. At the request of Ms. COLLINS, the On page 54, between lines 20 and 21, insert ernment officials or entities acting name of the Senator from Hawaii (Mr. the following: under color of State law, and for other AKAKA) was added as a cosponsor of S. (8) The result has been a failure to take purposes. 1189, a bill to allow Federal securities adequate steps to prevent tragedies such as S. 1034 enforcement actions to be predicated the bombings in Kenya and Tanzania. On page 54, line 21, strike ‘‘(8)’’ and insert At the request of Mr. AKAKA, the on State securities enforcement ac- name of the Senator from California ‘‘(9)’’. tions, to prevent migration of rogue se- On page 55, line 1, strike ‘‘(9)’’ and insert (Mrs. BOXER) was added as a cosponsor curities brokers between and among fi- ‘‘(10)’’. of S. 1034, a bill to amend title XVIII of nancial services industries, and for On page 55, line 9, strike ‘‘(10)’’ and insert the Social Security Act to increase the other purposes. ‘‘(11)’’. amount of payment under the medicare On page 55, line 16, strike ‘‘legation,’’. S. 1195 program for pap smear laboratory On page 55, line 21, strike ‘‘commander’’ tests. At the request of Mr. SCHUMER, the and insert ‘‘military commander’’. name of the Senator from California On page 56, line 6, strike ‘‘acquisition or S. 1057 (Mrs. FEINSTEIN) was added as a co- construction’’ and insert ‘‘acquisition’’. At the request of Mr. MACK, the name sponsor of S. 1195, A bill to give cus- On page 58, line 20, strike ‘‘CONSTRUCTION’’ of the Senator from Tennessee (Mr. tomers notice and choice about how and insert ‘‘ACQUISITION’’. FRIST) was added as a cosponsor of S. their financial institutions share or On page 58, line 24, strike ‘‘security and 1057, a bill to amend the Internal Rev- construction’’ and insert ‘‘construction and sell their personally identifiable sen- enue Code of 1986 to simplify certain security’’. sitive financial information, and for provisions applicable to real estate in- On page 59, lines 10 and 11, strike ‘‘acquisi- other purposes. vestment trusts. tion, construction,’’ and insert ‘‘acquisi- S. 1244 tion’’. S. 1070 At the request of Mr. THOMPSON, the On page 60, lines 24 and 25, strike ‘‘the Sec- At the request of Mr. BOND, the name name of the Senator from Oklahoma retary determines and certifies’’ and insert of the Senator from Kansas (Mr. ROB- ‘‘the Secretary and the head of each agency (Mr. INHOFE) was added as a cosponsor ERTS) was added as a cosponsor of S. employing affected personnel determine and 1070, a bill to require the Secretary of of S. 1244, a bill to establish a 3-year certify’’ Labor to wait for completion of a Na- pilot project for the General Account- On page 61, line 1, insert ‘‘security so per- ing Office to report to Congress on eco- mits, and’’ after ‘‘that’’. tional Academy of Sciences study be- On page 61, lines 18 and 19, strike ‘‘con- fore promulgating a standard, regula- nomically significant rules of Federal agencies, and for other purposes. structed or’’. tion or guideline on ergonomics. On page 62, line 3, insert ‘‘security so per- SENATE RESOLUTION 99 S. 1114 mits, and’’ after ‘‘that’’. At the request of Mr. ENZI, the name At the request of Mr. REID, the name On page 65, line 3, strike ‘‘(b)’’ and insert of the Senator from Missouri (Mr. of the Senator from Louisiana (Ms. ‘‘(c)’’. On page 65, between lines 2 and 3, insert BOND) was added as a cosponsor of S. LANDRIEU) was added as a cosponsor of Senate Resolution 99, A resolution des- the following: 1114, a bill to amend the Federal Mine (b) NATIONAL SECURITY WAIVER.— Safety and Health Act of 1977 to estab- ignating November 20, 1999, as ‘‘Na- tional Survivors for Prevention of Sui- (1) IN GENERAL.—The President may waive lish a more cooperative and effective the application of paragraph (2) or (3) of sub- method for rulemaking that takes into cide Day.’’ section (a) with respect to a diplomatic facil- account the special needs and concerns f ity, other than a United States diplomatic of smaller miners. mission or consular post or a United States AMENDMENTS SUBMITTED Agency for International Development mis- S. 1140 sion, if the President determines that— At the request of Mrs. BOXER, the (A) it is important to the national security name of the Senator from New York FOREIGN RELATIONS AUTHORIZA- of the United States to so exempt that facil- (Mr. SCHUMER) was added as a cospon- TION ACT, FISCAL YEARS 2000 ity; and sor of S. 1140, a bill to require the Sec- AND 2001 (B) all feasible steps are being taken, con- retary of Labor to issue regulations to sistent with the national security require- eliminate or minimize the significant ments that require the waiver, to minimize risk of needlestick injury to health HELMS (AND BIDEN) the risk and the possible consequences of a care workers. AMENDMENTS NOS. 705–706 terrorist attack involving that facility or its personnel. S. 1144 Mr. HELMS (for himself and Mr. (2) PERIODIC REPORTS.— At the request of Mr. VOINOVICH, the BIDEN) proposed two amendmens to the (A) IN GENERAL.—Not later than January 1, names of the Senator from New York bill (S. 886) to authorize appropriations 2000, and every six months thereafter, the

VerDate jul 14 2003 14:17 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00092 Fmt 0686 Sfmt 0634 E:\BR99\S22JN9.003 S22JN9 13800 CONGRESSIONAL RECORD—SENATE June 22, 1999 President shall submit to the appropriate Committee on Intelligence of the Senate and Treaty states the following: ‘‘Radiation de- congressional committees a classified report the chairman of the Permanent Select Com- tection equipment shall be used to measure describing— mittee on Intelligence of the House of Rep- nuclear radiation levels in order to dem- (i) the waivers that have been exercised resentatives, the Secretary determines that onstrate that objects declared to be non-nu- under this subsection during the preceding doing so would compromise intelligence clear are non-nuclear.’’. six-month period or, in the case of the initial sources and methods. The Secretary shall (8) While the use of radiation detection report, during the period since the date of promptly advise the chairmen of such com- equipment may help to determine whether enactment of this Act; and mittees of each determination pursuant to an object that ‘‘a member of the in-country (ii) the steps taken to maintain maximum this paragraph to delay the establishment of escort declares..is not a reentry vehicle’’ is a feasible security at the facilities involved. a Board. reentry vehicle with a nuclear warhead, it (B) SPECIAL RULE.—Any waiver that, for ‘‘(c) NOTIFICATION TO CONGRESS.—Whenever cannot help to determine whether that ob- national security reasons, may not be de- the Secretary of State convenes a Board, the ject is a reentry vehicle with a non-nuclear scribed in a report required by subparagraph Secretary shall promptly inform the chair- warhead. (A) shall be noted in that report and de- man of the Committee on Foreign Relations (9) Article XV of the START Treaty pro- scribed in an appendix submitted to the con- of the Senate and the Speaker of the House vides for a Joint Compliance and Inspection gressional committees with direct oversight of Representatives— Commission that shall meet to ‘‘resolve responsibility for the facility. ‘‘(1) that a Board has been convened; questions relating to compliance with the On page 66, lines 4 and 5, strike ‘‘acquisi- ‘‘(2) of the membership of the Board; and obligations assumed’’. tion or construction’’ and insert ‘‘acquisi- ‘‘(3) of other appropriate information about (b) SENSE OF THE SENATE.—It is the sense tion’’. the Board.’’. of the Senate that— On page 66, line 13, strike ‘‘class 3 and 4 On page 74, strike lines 19 through 22, and (1) the United States should assert and, to missions’’ and insert ‘‘diplomatic facilities insert the following: the maximum extent possible, exercise the that are part of the Special Embassy Pro- (c) FUNDING.—Of the total amount of funds right for reentry vehicle inspectors to obtain gram’’. authorized to be appropriated to the Depart- a clear, unobstructed view of the front sec- Beginning on page 66, strike line 18 and all ment of State by this Act for the fiscal years tion of a deployed SS-18 ICBM selected for that follows through line 16 on page 67 and 2000 and 2001, $5,000,000 is authorized to be reentry vehicle inspection pursuant to para- insert the following: available for each such fiscal year to carry graph 6 of Article XI of the START Treaty; SEC. 408. ACCOUNTABILITY REVIEW BOARDS. out subsection (a). (2) the United States should assert and, to Section 301 of the Omnibus Diplomatic Se- On page 78, line 7, strike ‘‘liaison between the maximum extent possible, obtain Rus- curity and Antiterrorism Act of 1986 (22 the policy community and’’ and insert ‘‘pol- sian compliance with the obligation of the U.S.C. 4831) is amended to read as follows: icy community representative to’’. host Party, pursuant to paragraph 13 of Annex 3 to the Inspections Protocol to the ‘‘SEC. 301. ACCOUNTABILITY REVIEW BOARDS. On page 83, line 3, strike ‘‘shall have’’ and insert ‘‘has’’. START Treaty, to demonstrate to the satis- ‘‘(a) IN GENERAL. faction of the inspectors that an object ‘‘(1) CONVENING A BOARD.—Except as pro- On page 85, between lines 4 and 5, insert the following new section: which is declared not to be a reentry vehicle vided in paragraph (2), in any case of serious is not a reentry vehicle; injury, loss of life, or significant destruction SEC. 618. PRESERVATION OF THE START TREATY (3) if a member of the in-country escort de- VERIFICATION REGIME. of property at or related to a United States clares that an object contained in the front Government mission abroad, and in any case (a) FINDINGS.—The Senate makes the fol- section of a deployed SS-18 ICBM selected for of a serious breach of security involving in- lowing findings: reentry vehicle inspection pursuant to para- telligence activities of a foreign government (1) Paragraph 6 of Article XI of the START graph 6 of Article XI of the START Treaty is directed at a United States Government mis- Treaty states the following: ‘‘Each Party not a reentry vehicle, but the inspected sion abroad, which is covered by the provi- shall have the right to conduct reentry vehi- Party does not demonstrate to the satisfac- sions of titles I through IV (other than a fa- cle inspections of deployed ICBMs and tion of the inspectors that this object is not cility or installation subject to the control SLBMs to confirm that such ballistic mis- a reentry vehicle, the United States inspec- of a United States area military com- siles contain no more reentry vehicles than tion team should record this fact in the offi- mander), the Secretary of State shall con- the number of warheads attributed to cial inspection report as an ambiguity and vene an Accountability Review Board (in them.’’. the United States should raise this matter in this title referred to as the ‘Board’). The Sec- (2) Paragraph 1 of Section IX of the Inspec- the Joint Compliance and Inspection Com- retary shall not convene a Board where the tions Protocol to the START Treaty states mission as a concern relating to compliance Secretary determines that a case clearly in- that each Party ‘‘shall have the right to con- of Russia with the obligations assumed volves only causes unrelated to security. duct a total of ten reentry vehicle inspec- under the Treaty; ‘‘(2) DEPARTMENT OF DEFENSE FACILITIES tions each year’’. (4) the United States should not agree to AND PERSONNEL.—The Secretary of State is (3) Paragraph 4 of Section XVIII of the In- any arrangement whereby the use of radi- not required to convene a Board in the case spections Protocol to the START Treaty ation detection equipment in a reentry vehi- of an incident described in paragraph (1) that states that the Parties ‘‘shall, when possible, cle inspection, or a combination of the use of involves any facility, installation, or per- clarify ambiguities regarding factual infor- such equipment and Russian assurances re- sonnel of the Department of Defense with re- mation contained in the inspection report’’ garding SS-18 ICBMs, would suffice to dem- spect to which the Secretary has delegated that each inspection team must provide at onstrate to the satisfaction of the inspectors operational control of overseas security the end of an inspection, pursuant to para- that an object which is declared not to be a functions to the Secretary of Defense pursu- graph 1 of Section XVIII of that Protocol. reentry vehicle is not a reentry vehicle; and ant to section 106 of this Act. In any such (4) Paragraph 12 of Annex 3 to the Inspec- (5) the United States should not agree to case, the Secretary of Defense shall conduct tions Protocol to the START Treaty states any arrangement whereby the use of tech- an appropriate inquiry. The Secretary of De- that, once a missile has been selected and nical equipment in a reentry vehicle inspec- fense shall report the findings and rec- prepared for reentry vehicle inspection, the tion would suffice to demonstrate to the sat- ommendations of such inquiry, and the ac- inspectors shall be given ‘‘a clear, unob- isfaction of the inspectors that an object tion taken with respect to such rec- structed view of the front section [of the which is declared not to be a reentry vehicle ommendations, to the Secretary of State and missile], to ascertain that the front section is not a reentry vehicle, unless the Director Congress. contains no more reentry vehicles than the of Central Intelligence, in consultation with ‘‘(b) DEADLINES FOR CONVENING BOARDS.— number of warheads attributed to missiles of the Secretaries of State, Defense, and En- ‘‘(1) IN GENERAL.—Except as provided in that type’’. ergy, has determined that such equipment paragraph (2), the Secretary of State shall (5) Paragraph 13 of Annex 3 to the Inspec- can demonstrate to the satisfaction of the convene a Board not later than 60 days after tions Protocol to the START Treaty states inspectors that an object which is declared the occurrence of an incident described in the following: ‘‘If a member of the in-coun- not to be a reentry vehicle is not a reentry subsection (a)(1), except that such 60-day pe- try escort declares that an object contained vehicle. riod may be extended for two additional 30- in the front section is not a reentry vehicle, (c) START TREATY DEFINED.—In this sec- day periods if the Secretary determines that the inspected Party shall demonstrate to the tion, the term ‘‘START Treaty’’ means the the additional period or periods are nec- satisfaction of the inspectors that this object Treaty With the Union of Soviet Socialist essary for the convening of the Board. is not a reentry vehicle.’’. Republics on the Reduction and Limitation ‘‘(2) DELAY IN CASES INVOLVING INTEL- (6) Section II of Annex 8 to the Inspections of Strategic Offensive Arms, including all LIGENCE ACTIVITIES.—With respect to Protocol to the START Treaty provides that agreed statements, annexes, protocols, and breaches of security involving intelligence radiation detection equipment may be used memoranda, signed at Moscow on July 31, activities, the Secretary of State may delay during reentry vehicle inspections. 1991. the establishment of a Board if, after con- (7) Paragraph F.1 of Section VI of Annex 8 On page 86, strike lines 5 through 12, and sultation with the chairman of the Select to the Inspections Protocol to the START insert the following:

VerDate jul 14 2003 14:17 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00093 Fmt 0686 Sfmt 0634 E:\BR99\S22JN9.003 S22JN9 June 22, 1999 CONGRESSIONAL RECORD—SENATE 13801

(c) FUNDING.—Of the total amount of funds zens who have received appropriate security On page 134, line 15, strike ‘‘States’’ and in- authorized to be appropriated to the Depart- clearances; sert ‘‘Nations’’. ment of State by this Act for the fiscal years (3) institute a system of charges for utili- 2000 and 2001, $5,000,000 is authorized to be zation of bandwidth by each agency begin- AMENDMENT NO. 706 available for each such fiscal year to carry ning October 1, 2000, and institute a com- On page 2, strike lines 3 and 4 and insert out subsection (a). prehensive chargeback system to recover all, ‘‘Admiral James W. Nance Foreign Relations Beginning on page 89, strike line 13 and all or substantially all, of the other costs of Authorization Act, Fiscal Years 2000 and that follows through line 5 on page 91 and in- telecommunications services provided 2001’’. sert the following: through the Diplomatic Telecommunications (a) PROHIBITION.—Except as provided in Service to each agency beginning October 1, BIDEN AMENDMENT NO. 707 subsection (b), no assistance may be provided 2001; by the United States Government to any per- (4) ensure that all DTS-PO policies and Mr. HELMS (for Mr. BIDEN) proposed son who is involved in the research, develop- procedures comply with applicable policies an amendment to the bill, S. 886, supra; ment, design, testing, or evaluation of chem- established by the Overseas Security Policy as follows: ical or biological weapons for offensive pur- Board; and On page 141, between lines 4 and 5, insert poses. (5) maintain the allocation of the positions the following new section: (b) EXCEPTION.—The prohibition contained of Director and Deputy Director of DTS-PO SEC. 825. UNITED STATES REPRESENTATION AT in subsection (a) shall not apply to any ac- as those positions were assigned as of June 1, THE INTERNATIONAL ATOMIC EN- tivity conducted to title V of the National 1999, which assignments shall pertain ERGY AGENCY. Security Act of 1947 (50 U.S.C. 413 et seq.). through fiscal year 2001, at which time such (a) AMENDMENT TO THE UNITED NATIONS Beginning on page 91, strike line 23 and all assigments shall be adjusted in the cus- PARTICIPATION ACT OF 1945.—Section 2(h) of that follows through line 3 on page 92 and in- tomary manner. the United Nations Participation Act of 1945 sert the following: (c) REPORT ON IMPROVING MANAGEMENT.— (22 U.S.C. 287(h)) is amended by adding at the (b) SUBMISSION OF THE FABRICATION FACIL- Not later than March 31, 2000, the Director end the following new sentence: ‘‘The rep- ITY AGREEMENT PURSUANT TO LAW.—When- and Deputy Director of DTS-PO shall jointly resentative of the United States to the Vi- ever the President submits to Congress the submit to the appropriate committees of enna office of the United Nations shall also agreement to establish a mixed oxide fuel Congress the Director’s plan for improving serve as representative of the United States fabrication or production facility in Russia network architecture, engineering, oper- to the International Atomic Energy Agen- pursuant to section 123 of the Atomic Energy ations monitoring and control, service cy.’’. (b) AMENDMENT TO THE IAEA PARTICIPA- Act of 1954 (42 U.S.C. 2153), it is the sense of metrics reporting, and service provisioning, TION ACT OF 1957.—Section 2(a) of the Inter- Congress that the Secretary of State should so as to achieve highly secure, reliable, and national Atomic Energy Agency Participa- be prepared to certify to the Committee on robust communications capabilities that tion Act of 1957 (22 U.S.C. 2021(a)) is amended Foreign Relations of the Senate and the meet the needs of both national security by adding at the end the following new sen- Committee on International Relations of the agencies and other United States agencies tence: ‘‘The Representative of the United House Representatives that— with overseas personnel. States to the Vienna office of the United Na- On page 93, lines 16 and 17, strike ‘‘sub- (d) FUNDING OF DTS-PO.—Funds appro- tions shall also serve as representative of the section (c)’’ and insert ‘‘subsections (c) and priated for allocation to DTS-PO shall be made available only for DTS-PO until a com- United States to the Agency.’’. (f)’’. (c) EFFECTIVE DATE.—The amendments prehensive chargeback system is in place. On page 94, line 3, strike ‘‘subsection (c)’’ made by subsections (a) and (b) shall apply and insert ‘‘subsections (c) and (f)’’. SEC. 644. SENSE OF CONGRESS ON FACTORS FOR to individuals appointed on or after the date CONSIDERATION IN NEGOTIATIONS On page 94, beginning on line 4, strike the of enactment of this Act. comma and all that follows through ‘‘sub- WITH THE RUSSIAN FEDERATION ON section (d)(2),’’ on line 6. REDUCTIONS IN STRATEGIC NU- CLEAR FORCES. On page 94, line 15, insert after ‘‘Secretary HELMS AMENDMENTS NOS. 708–709 It is the sense of Congress that, in negoti- Mr. HELMS proposed two amend- of State’’ the following: ‘‘, with respect to ating a START III Treaty with the Russian any item defined in subsection (d)(1), or the Federation, or any other arms control treaty ments to the bill, S. 886, supra; as fol- Secretary of Commerce, with respect to any with the Russian Federation making com- lows: item defined in subsection (d)(2),’’. parable amounts of reductions in United AMENDMENT NO. 708 On page 95, between lines 13 and 14, insert States strategic nuclear forces— On page 96, after line 21, add the following the following new subsection: (1) the strategic nuclear forces and nuclear new section: (f) EXCEPTION.—The provisions of this sec- modernization programs of the People’s Re- tion do not apply to any activity subject to SEC. ll. CLARIFICATION OF EXCEPTION TO NA- public of China and every other nation pos- TIONAL SECURITY CONTROLS ON reporting under title V of the National Secu- sessing nuclear weapons should be taken into SATELLITE EXPORT LICENSING. rity Act of 1947 (50 U.S.C. 413 et seq.). full consideration in the negotiation of such Section 1514(b) of Public Law 105–261 is On page 96, after line 21, add the following treaty; and amended by striking all that follows after new sections: (2) such programs should not undermine ‘‘EXCEPTION.—’’ and inserting the following: SEC. 643. REFORM OF THE DIPLOMATIC TELE- the limitations set forth in the treaty. ‘‘Subsections (a)(2), (a)(4), and (a)(8) shall not COMMUNICATIONS SERVICE PRO- On page 97, line 8, insert after ‘‘State’’ the apply to the export of a satellite or satellite- GRAM OFFICE. following: ‘‘, as set forth in the Country Re- related items for launch in, or by nationals (a) ADDITIONAL RESOURCES.—In addition to ports on Human Rights Practices for 1998,’’. of, a country that is a member of the North other amounts authorized to be appropriated On page 103, line 1, insert after ‘‘individ- Atlantic Treaty Organization (NATO) or for the purposes of the Diplomatic Tele- uals’’ the following: ‘‘subject to the jurisdic- that is a major non-NATO ally (as defined in communications Service Program Office tion of the United States who are’’. section 644(q) of the Foreign Assistance Act (DTS-PO), of the amounts made available to On page 103, line 3, strike ‘‘through such of 1961 (22 U.S.C. 2403(q)) of the United States the Department of State under section practice in the United States’’. unless, in each instance of a proposed export 101(a)(2), $18,000,000 shall be made available On page 104, line 8, strike ‘‘vital’’ and in- of such item, the Secretary of State, in con- only to the DTS-PO for enhancement of Dip- sert ‘‘important’’. sultation with the Secretary of Defense, first lomatic Telecommunications Service capa- On page 115, after line 18, insert the fol- provides a written determination to the bilities. lowing: Committee on Foreign Relations of the Sen- (b) IMPROVEMENT OF DTS-PO.—In order for SEC. 730. TECHNICAL CORRECTIONS. ate and the Committee on International Re- the DTS-PO to better manage a fully inte- (a) Section 1422(b)(3)(B) of the Foreign Af- lations of the House of Representatives that grated telecommunications network to serv- fairs Reform and Restructuring Act (as con- it is in the national security or foreign police all agencies at diplomatic missions and tained in division G of Public Law 105–277; icy interests of the United States to apply consular posts, the DTS-PO shall— 112 Stat. 2681–792) is amended by striking the export controls required under such sub- (1) ensure that those enhancements of, and ‘‘divisionAct’’ and inserting ‘‘division’’. sections.’’. the provision of service for, telecommuni- (b) Section 1002(a) of the Foreign Affairs cation capabilities that involve the national Reform and Restructuring Act (as contained AMENDMENT NO. 709 security interests of the United States rein division G of Public Law 105–277; 112 Stat. On page 43, between lines 8 and 9, insert ceive the highest prioritization; 2681–762) is amended by striking paragraph the following new section: (2) not later than December 31, 1999, termi- (3). SEC. 323. EXTENSION OF USE OF FOREIGN SERV- nate all leases for satellite systems located (c) The table of contents of division G of ICE PERSONNEL SYSTEM. at posts in criteria countries, unless all Public Law 105–277 (112 Stat. 2681–762) is Section 202(a) of the Foreign Service Act of maintenance and servicing of the satellite amended by striking ‘‘DIVISIONl’’ and insert- 1980 (22 U.S.C. 3922(a)) is amended by adding system is undertaken by United States citi- ing ‘‘DIVISION G’’. at the end the following new paragraph:

VerDate jul 14 2003 14:17 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00094 Fmt 0686 Sfmt 0634 E:\BR99\S22JN9.003 S22JN9 13802 CONGRESSIONAL RECORD—SENATE June 22, 1999 ‘‘(4)(A) Whenever (and to the extent) the On page 66, line 12, strike ‘‘and’’. ate and the House of Representatives on the Secretary of State considers it in the best in- On page 66, line 17, strike the period and feasibility of developing and implementing terests of the United States Government, the insert ‘‘; and’’. an automated entry-exit control system that Secretary of State may authorize the head of On page 66, between lines 17 and 18, insert would collect a record of departure for every any agency or other Government establish- the following new subparagraph: alien departing the United States and match ment (including any establishment in the (F) examine the feasibility of opening new the record of departure with the record of legislative or judicial branch) to appoint regional outreach centers, modeled on the the alien’s arrival in the United States, in- under section 303 individuals described in system used by the United States Embassy cluding departures and arrivals at the land subparagraph (B) as members of the Service in Paris, France, with each center designed borders and seaports of the United States. and to utilize the Foreign Service personnel to operate— (b) CONTENTS OF REPORT.—Such report system with respect to such individuals (i) at no additional cost to the United shall— under such regulations as the Secretary of States Government; (1) assess the costs and feasibility of var- State may prescribe. (ii) with staff consisting of one or two For- ious means of operating such an automated ‘‘(B) The individuals referred to in subpara- eign Service officers currently assigned to entry-exit control system, including explor- graph (A) are individuals hired for employ- the United States diplomatic mission in the ing— ment abroad under section 311(a).’’. country in which the center is located; and (A) how, if the automated entry-exit con- (iii) in a region of the country with high trol system were limited to certain aliens ar- BIDEN AMENDMENT NO. 710 gross domestic product (GDP), a high density riving at airports, departure records of those population, and a media market that not aliens could be collected when they depart Mr. HELMS (for Mr. BIDEN) proposed only includes but extends beyond the region. through a land border or seaport; and an amendment to the bill, S. 886, supra; (B) the feasibility of the Attorney General, as follows: ABRAHAM (AND OTHERS) in consultation with the Secretary of State, On page 141, between lines 4 and 5, insert negotiating reciprocal agreements with the the following new section: AMENDMENT NO. 712 governments of contiguous countries to col- SEC. 825. ANNUAL FINANCIAL AUDITS OF UNITED Mr. HELMS (for Mr. ABRAHAM (for lect such information on behalf of the United STATES SECTION OF THE INTER- himself, Mr. KENNEDY, Mr. GRAMS, Mr. States and share it in an acceptable auto- NATIONAL BOUNDARY AND WATER LEAHY, Mr. BURNS, Mr. MCCAIN, Mr. mated format; COMMISSION. (2) consider the various means of devel- GORTON, Mr. CRAIG, Mr. MURKOWSKI, (a) IN GENERAL.—An independent auditor oping such a system, including the use of shall annually conduct an audit of the finan- Mrs. MURRAY, Mr. JEFFORDS, Ms. pilot projects if appropriate, and assess cial statements and accompanying notes to SNOWE, Mr. SMITH of Oregon, Mr. DOR- which means would be most appropriate in the financial statements of the United GAN, Mr. LEVIN, Mr. MOYNIHAN, Mr. which geographical regions; States Section of the International Bound- SCHUMER, Mr. MACK, Mr. HAGEL, and (3) evaluate how such a system could be ary and Water Commission, United States Mr. DURBIN) proposed an amendment to implemented without increasing border traf- and Mexico (in this section referred to as the the bill, S. 886, supra; as follows: fic congestion and border crossing delays ‘‘Commission’’), in accordance with gen- and, if any such system would increase bor- At the end of title VII of the bill, insert erally accepted Government auditing stand- der crossing delays, evaluate to what extent the following: ards and such other procedures as may be es- such congestion or delays would increase; tablished by the Office of the Inspector Gen- Subtitle C—United States Entry-Exit Controls and eral of the Department of State. SEC. 732. AMENDMENT OF THE ILLEGAL IMMI- (4) estimate the length of time that would (b) REPORTS.—The independent auditor GRATION REFORM AND IMMIGRANT be required for any such system to be devel- shall report the results of such audit, includ- RESPONSIBILITY ACT OF 1996. ing a description of the scope of the audit oped and implemented. (a) IN GENERAL.—Section 110(a) of the Ille- and an expression of opinion as to the overall SEC. 734. ANNUAL REPORTS ON ENTRY-EXIT CON- gal Immigration Reform and Immigrant Re- fairness of the financial statements, to the TROL AND USE OF ENTRY-EXIT CON- sponsibility Act of 1996 (8 U.S.C. 1221 note) is TROL DATA. International Boundary and Water Commis- amended to read as follows: sion, United States and Mexico. The finan- (a) ANNUAL REPORTS ON IMPLEMENTATION ‘‘(a) SYSTEM.— cial statements of the Commission shall be OF ENTRY-EXIT CONTROL AT AIRPORTS.—Not ‘‘(1) IN GENERAL.—Subject to paragraph (2), presented in accordance with generally ac- later than 30 days after the end of each fiscal not later than 2 years after the date of enact- cepted accounting principles. These financial year until the fiscal year in which the Attor- ment of this Act, the Attorney General shall statements and the report of the independent ney General certifies to Congress that the develop an automated entry and exit control auditor shall be included in a report which entry-exit control system required by sec- system that will— the Commission shall submit to the Congress tion 110(a) of the Illegal Immigration Reform ‘‘(A) collect a record of departure for every not later than 90 days after the end of the and Immigrant Responsibility Act of 1996, as alien departing the United States and match last fiscal year covered by the audit. amended by section 732 of this Act, has been the record of departure with the record of (c) REVIEW BY THE COMPTROLLER GEN- developed, the Attorney General shall sub- the alien’s arrival in the United States; and ERAL.—The Comptroller General of the mit to the Committees on the Judiciary of ‘‘(B) enable the Attorney General to iden- United States (in this section referred to as the Senate and the House of Representatives tify, through online searching procedures, the ‘‘Comptroller General’’) may review the a report that— lawfully admitted nonimmigrants who re- audit conducted by the auditor and the re- (1) provides an accurate assessment of the main in the United States beyond the period port to the Congress in the manner and at status of the development of the entry-exit authorized by the Attorney General. such times as the Comptroller General con- control system; ‘‘(2) EXCEPTION.—The system under para- siders necessary. In lieu of the audit required (2) includes a specific schedule for the de- graph (1) shall not collect a record of arrival by subsection (b), the Comptroller General velopment of the entry-exit control system or departure— shall, if the Comptroller General considers it that the Attorney General anticipates will ‘‘(A) at a land border or seaport of the necessary or, upon the request of the Con- be met; and United States for any alien; or gress, audit the financial statements of the (3) includes a detailed estimate of the fund- ‘‘(B) for any alien for whom the documen- Commission in the manner provided in sub- ing, if any, needed for the development of the tary requirements in section 212(a)(7)(B) of section (b). entry-exit control system. (d) AVAILABILITY OF INFORMATION.—In the the Immigration and Nationality Act have (b) ANNUAL REPORTS ON VISA OVERSTAYS event of a review by the Comptroller General been waived by the Attorney General and the IDENTIFIED THROUGH THE ENTRY-EXIT CON- under subsection (c), all books, accounts, fi- Secretary of State under section 212(d)(4)(B) TROL SYSTEM.—Not later than June 30 of nancial records, reports, files, workpapers, of the Immigration and Nationality Act.’’. each year, the Attorney General shall sub- and property belonging to or in use by the (b) EFFECTIVE DATE.—The amendment mit to the Committees on the Judiciary of Commission and the auditor who conducts made by subsection (a) shall take effect as if the Senate and the House of Representatives the audit under subsection (b), which are included in the enactment of the Illegal Im- a report that sets forth— necessary for purposes of this subsection, migration Reform and Immigrant Responsi- (1) the number of arrival records of aliens shall be made available to the representa- bility Act of 1996 (division C of Public Law and the number of departure records of tives of the General Accounting Office des- 104–208; 110 Stat. 3009–546). aliens that were collected during the pre- ignated by the Comptroller General. SEC. 733. REPORT ON AUTOMATED ENTRY-EXIT ceding fiscal year under the entry-exit con- CONTROL SYSTEM. trol system under section 110(a) of the Illegal HELMS AMENDMENT NO. 711 (a) REQUIREMENT.—Not later than 1 year Immigration Reform and Immigrant Respon- after the date of enactment of this Act, the sibility Act of 1996, as so amended, with a Mr. HELMS proposed an amendment Attorney General shall submit a report to separate accounting of such numbers by to the bill, S. 886, supra; as follows: the Committees on the Judiciary of the Sen- country of nationality;

VerDate jul 14 2003 14:17 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00095 Fmt 0686 Sfmt 0634 E:\BR99\S22JN9.003 S22JN9 June 22, 1999 CONGRESSIONAL RECORD—SENATE 13803 (2) the number of departure records of SEC. 302. STATE DEPARTMENT OFFICIAL FOR is critical to creating a stable and secure en- aliens that were successfully matched to NORTHEASTERN EUROPE. vironment necessary for a free and fair bal- records of such aliens’ prior arrival in the The Secretary of State shall designate an lot; United States, with a separate accounting of existing senior-level official of the Depart- (13) The Administration should be com- such numbers by country of nationality and ment of State with responsibility for pro- mended for its support for the United Na- by classification as immigrant or non- moting regional cooperation in and coordi- tions Assistance Mission in East Timor immigrant; and nating United States policy toward North- which will provide monitoring and support (3) the number of aliens who arrived as eastern Europe. for the ballot and include international civil- nonimmigrants, or as visitors under the visa ian police, military liaison officers and elec- waiver program under section 217 of the Im- LEAHY (AND OTHERS) tion monitors; migration and Nationality Act, for whom no AMENDMENT NO. 715 (b) POLICY.—(1) The President, Secretary of matching departure record has been obtained State, Secretary of Defense, and the Sec- through the system, or through other means, Mr. HELMS (for Mr. LEAHY (for him- retary of the Treasury (acting through the as of the end of such aliens’ authorized pe- self, Mr. FEINGOLD, Mr. REED, Mr. HAR- United States executive directors to inter- riod of stay, with an accounting by country KIN, Mr. MCCONNELL, Mr. MOYNIHAN, national financial institutions) should im- of nationality and approximate date of ar- Mr. KOHL, Mr. CHAFEE, Mr. KENNEDY, mediately intensify their efforts to prevail upon the Indonesian Government and mili- rival in the United States. Mr. JEFFORDS, Mr. KERRY, Mrs. FEIN- tary to— (c) INCORPORATION INTO OTHER DATA- STEIN, Mrs. MURRAY, Mr. SCHUMER, (A) disarm and disband anti-independence BASES.—Information regarding aliens who Mrs. BOXER, Mr. DURBIN, Mr. militias; have remained in the United States beyond WELLSTONE, and Mr. WYDEN) proposed (B) grant full access to East Timor by their authorized period of stay that is identi- international human rights monitors, hu- fied through the system referred to in sub- an amendment to the bill, S. 886, supra; as follows: manitarian organizations, and the press; section (a) shall be integrated into appro- (C) allow Timorese who have been living in At the appropriate place in the bill, insert priate databases of the Immigration and exile to return to East Timor to participate Naturalization Service and the Department the following: in the ballot; and of State, including those used at ports-of- SELF-DETERMINATION IN EAST TIMOR (2) the President should submit a report to entry and at consular offices. SEC. . (a) FINDINGS.—The Congress finds the Congress not later than 21 days after pas- as follows: sage of this Act, containing a description of (1) On May 5, 1999 the Government of Indo- the Administration’s efforts and his assess- KENNEDY AMENDMENT NO. 713 nesia and Portugal signed an agreement that ment of steps taken by the Indonesian Gov- provides for an August 8, 1999 ballot orga- Mr. HELMS (for Mr. KENNEDY) pro- ernment and military to ensure a stable and posed an amendment to the bill, S. 886, nized by the United Nations on East Timor’s secure environment in East Timor, including political status; those steps described in paragraph (1). supra; as follows: (2) On June 22, 1999 the ballot was resched- On page 115, after line 18, add the following uled for August 21 or 22 due to concerns that MOYNIHAN AMENDMENT NO. 716 new section: the conditions necessary for a free and fair SEC. ll. REPORTS WITH RESPECT TO A REF- vote could not be established prior to August Mr. HELMS (for Mr. MOYNIHAN) pro- ERENDUM ON WESTERN SAHARA. 8; posed an amendment to the bill, S. 886, (a) REPORTS REQUIRED.— (3) On January 27, 1999, President Habibie supra; as follows: (1) IN GENERAL.—Not later than each of the expressed a willingness to consider independ- On page 12, line 6, strike ‘‘$7,000,000’’ and dates specified in paragraph (2), the Sec- ence for East Timor if a majority of the East insert ‘‘$5,000,000’’. retary of State shall submit a report to the Timorese reject autonomy in the August bal- On page 12, between lines 19 and 20, insert appropriate congressional committees de- lot; the following: scribing specific steps being taken by the (4) Under the May 5th agreement the Gov- (c) MUSKIE FELLOWSHIP DOCTORAL GRAD- Government of Morocco and by the Popular ernment of Indonesia is responsible for en- UATE STUDIES FOR NATIONALS OF THE INDE- Front for the Liberation of Saguia el-Hamra suring that the August ballot is carried out PENDENT STATES OF THE FORMER SOVIET and Rio de Oro (POLISARIO) to ensure that in a fair and peaceful way in an atmosphere UNION.— a free, fair, and transparent referendum in free of intimidation, violence or inter- (1) ALLOCATION OF FUNDS.—Of the amounts which the people of the Western Sahara will ference; authorized to be appropriated under sub- choose between independence and integra- (5) The inclusion of anti-independence mi- section (a)(1)(B), not less than $2,000,000 for tion with Morocco will be held by July 2000. litia members in Indonesian forces respon- fiscal year 2000, and not less than $2,000,000 sible for establishing security in East Timor (2) DEADLINES FOR SUBMISSION OF RE- for fiscal year 2001, shall be made available violates the May 5th agreement which states PORTS.—The dates referred to in paragraph to provide scholarships for doctoral graduate (1) are January 1, 2000, and June 1, 2000. that the absolute neutrality of the military study in the social sciences to nationals of and police is essential for holding a free and (b) REPORT ELEMENTS.—The report shall the independent states of the former Soviet include— fair ballot; Union under the Edmund S. Muskie Fellow- (6) The arming of anti-independence mili- (1) a description of preparations for the ref- ship Program authorized by section 227 of tias by members of the Indonesian military erendum, including the extent to which free the Foreign Relations Authorization Act, for the purpose of sabotaging the August bal- access to the territory for independent inter- Fiscal Years 1992 and 1993 (22 U.S.C. 2452 lot has resulted in hundreds of civilians national organizations including elections note). killed, injured or disappeared in separate at- and servers and international media, will be (2) REQUIREMENTS.— tacks by these militias who continue to act guaranteed (A) NON-FEDERAL SUPPORT.—Not less than without restraint; 20 percent of the costs of each student’s doc- (2) a description of current efforts by the (7) The United Nations Secretary General toral study supported under paragraph (1) Department of State to ensure that a ref- has received credible reports of political vio- shall be provided from non-Federal sources. erendum will be held by July 2000; lence, including intimidation and killing, by (B) HOME COUNTRY RESIDENCE REQUIRE- (3) an assessment of the likelihood that the armed anti-independence militias against MENT.— July 2000 date will be met; unarmed pro-independence civilians; (4) a description of obstacles, if any, to the (8) There have been killings of opponents of (i) AGREEMENT FOR SERVICE IN HOME COUN- voter-registration process and other prepara- independence, including civilians and militia TRY.—Before an individual may receive tions for the referendum, and efforts being members; scholarship assistance under paragraph (1), made by the parties and the United States (9) The killings in East Timor should be the individual shall enter into a written Government to overcome those obstacles; fully investigated and the individuals re- agreement with the Department of State and sponsible brought to justice; under which the individual agrees that after (5) an assessment of progress being made in (10) Access to East Timor by international completing all degree requirements, or ter- the repatriation process. human rights monitors and humanitarian or- minating his or her studies, whichever oc- ganizations is limited, and members of the curs first, the individual will return to the press have been threatened; country of the individual’s nationality, or DURBIN AMENDMENT NO. 714 (11) The presence of members of the United country of last habitual residence, within Nations Assistance Mission in East Timor the independent states of the former Soviet Mr. HELMS (for Mr. DURBIN) pro- Union (as defined in section 3 of the FREE- posed an amendment to the bill, S. 886, has already resulted in an improved security environment in the East Timorese capital of DOM Support Act (22 U.S.C. 5801)), to reside supra; as follows: Dili; and remain physically present there for an On page 35, between lines 7 and 8, insert (12) A robust international observer mis- aggregate of at least one year for each year the following new section: sion and police force throughout East Timor of study supported under paragraph (1).

VerDate jul 14 2003 14:17 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00096 Fmt 0686 Sfmt 0634 E:\BR99\S22JN9.003 S22JN9 13804 CONGRESSIONAL RECORD—SENATE June 22, 1999

(ii) DENIAL OF ENTRY INTO THE UNITED nology, and health matters can make to the the establishment of a lasting peace in STATES FOR NONCOMPLIANCE.—Any individual foreign policy of the United States, the Sec- Sudan. who has entered into an agreement under retary of State, acting through the Under (b) SENSE OF CONGRESS.—(1) Congress— clause (i) and who has not completed the pe- Secretary of State for Global Affairs, shall (A) acknowledges the renewed vigor in fa- riod of home country residence and presence submit a report to Congress setting forth the cilitating and assisting the Inter-Govern- required by that agreement shall be ineli- Secretary of State’s plans for implementa- mental Authority for Development (IGAD) gible for a visa and inadmissible to the tion, as appropriate, of the recommendations peace process in Sudan; and United States. of the report. (B) urges continued and sustained engage- On page 12, line 20, strike ‘‘(c)’’ and insert ment by the Department of State in the ‘‘(d)’’. THOMAS AMENDMENT NO. 719 IGAD peace process and the IGAD Partners’ Forum. REID AMENDMENT NO. 717 Mr. HELMS (for Mr. THOMAS) pro- (2) It is the sense of Congress that the posed an amendment to the bill, S. 886, President should— Mr. HELMS (for Mr. REID) proposed supra; as follows: (A) appoint a special envoy— (i) to serve as a point of contact for the an amendment to the bill, S. 886, supra; At the appropriate place in the bill, insert as follows: Inter-Governmental Authority for Develop- the following new section and renumber the ment peace process; At the appropriate place in the bill, insert remaining sections accordingly: (ii) to coordinate with the Inter-Govern- the following new section: SEC. ll. PROHIBITION ON THE RETURN OF VET- mental Authority for Development Partners SEC. . MIKEY KALE PASSPORT NOTIFICATION ERANS MEMORIAL OBJECTS TO FOR- Forum as the Forum works to support the ACT OF 1999 EIGN NATIONS WITHOUT SPECIFIC AUTHORIZATION IN LAW. peace process in Sudan; and (a) Not later than 180 days after the enact- (iii) to coordinate United States humani- (a) PROHIBITION.—Notwithstanding section ment of this Act, the Secretary of State tarian assistance to southern Sudan. 2572 of title 10, United States Code, or any shall issue regulations that— (B) provide increased financial and tech- other provision of law, the President may (1) provide that, in the issuance of a pass- nical support for the IGAD Peace Process not transfer a veterans memorial object to a port to minors under the age of 18 years, and especially the IGAD Secretariat in foreign country or entity controlled by a for- both parents, a guardian, or a person in loco Nairobi, Kenya; and eign government, or otherwise transfer or parentis have— (C) instruct the United States Permanent convey such object to any person or entity (A) executed the application; and Representative to the United Nations to call (B) provided documentary evidence dem- for purposes of the ultimate transfer or con- on the United Nations Secretary General to onstrating that they are the parents, guard- veyance of such object to a foreign country consider the appointment of a special envoy ian, or person in loco parentis; and or entity controlled by a foreign govern- for Sudan. (2) provide that, in the issuance of a pass- ment, unless specifically authorized by law. port to minors under the age of 18 years, in (b) DEFINITIONS.—In this section: those cases where both parents have not exe- (1) ENTITY CONTROLLED BY A FOREIGN GOV- LUGAR AMENDMENTS NOS. 721–722 cuted the passport application, the person ERNMENT.—The term ‘‘entity controlled by a Mr. HELMS (for Mr. LUGAR) proposed executing the application has provided docu- foreign government’’ has the meaning given two amendments to the bill S. 886, mentary evidence that such person— that term in section 2536(c)(1) of title 10, supra; as follows: (A) has sole custody of the child; or United States Code. AMENDMENT NO. 721 (B) the other parent has provided consent (2) VETERANS MEMORIAL OBJECT.—The term to the issuance of the passport. ‘‘veterans memorial object’’ means any ob- On page 96, after line 21, add the following new section: The requirement of this paragraph shall not ject, including a physical structure or por- apply to guardians or persons in loco tion thereof that— SEC. 645. STUDY ON LICENSING PROCESS UNDER (A) is located at a cemetery of the Na- THE ARMS EXPORT CONTROL ACT. parentis. Not later than 120 days after the date of (b) The regulations required to be issued by tional Cemetery System, war memorial, or enactment of this Act, the Secretary of this section may provide for exceptions in military installation in the United States; State shall submit to the chairman of the exigent circumstances involving the health (B) is dedicated to, or otherwise memorial- Committee on Foreign Relations of the Sen- or welfare of the child. izes, the death in combat or combat-related duties of members of the United States ate and the chairman of the Committee on Armed Forces; and International Relations of the House of Rep- BINGAMAN AMENDMENT NO. 718 (C) was brought to the United States from resentatives a study on the performance of Mr. HELMS (for Mr. BINGAMAN) pro- abroad as a memorial of combat abroad. the licensing process pursuant to the Arms posed an amendment to the bill, S. 886, Export Control Act, with recommendations on how to improve that performance. The supra; as follows: BIDEN (AND ROTH) AMENDMENT study shall include: On page 35, between lines 7 and 8, insert NO. 720 (1) An analysis of the typology of licenses the following new section: Mr. HELMS (for Mr. BIDEN (for him- on which action was completed in 1999. The SEC. 302. SCIENCE AND TECHNOLOGY ADVISER self and Mr. ROTH)) proposed an amend- analysis should provide information on TO SECRETARY OF STATE. ment to the bill, S. 886, supra; as fol- major categories of license requests, includ- (a) ESTABLISHMENT OF POSITION.—Section 1 ing— of the State Department Basic Authorities lows: (A) the number for nonautomatic small Act of 1956 (22 U.S.C. 2651a) is amended by On page 115, after line 18, insert the fol- arms, automatic small arms, technical data, adding at the end the following new sub- lowing new section: parts and components, and other weapons; section: SEC. ll. SUPPORT FOR THE PEACE PROCESS IN (B) the percentage of each category staffed ‘‘(g) SCIENCE AND TECHNOLOGY ADVISER.— SUDAN. to other agencies; ‘‘(1) IN GENERAL.—There shall be within the (a) FINDINGS.—Congress finds that— (C) the average and median time taken for Department of State a Science and Tech- (1) the civil war in Sudan has continued the processing cycle for each category when nology Adviser (in this paragraph referred to unabated for 16 years and raged intermit- staffed and not staffed; as the ‘Adviser’). The Adviser shall report to tently for 40 years; (D) the average time taken by White House the Secretary of State through the Under (2) an estimated 1,900,000 Sudanese people or National Security Council review or scru- Secretary of State for Global Affairs. have died as a result of war-related causes tiny; and ‘‘(2) DUTIES.—The Adviser shall— and famine; (E) the average time each spent at the De- ‘‘(A) advise the Secretary of State, through (3) an estimated 4,000,000 people are cur- partment of State after a decision had been the Under Secretary of State for Global Af- rently in need of emergency food assistance taken on the license but before a contractor fairs, on international science and tech- in different areas of Sudan; was notified of the decision. For each cat- nology matters affecting the foreign policy (4) approximately 4,000,000 people are inter- egory the study should provide a breakdown of the United States; and nally displaced in Sudan; of licenses by country. The analysis also ‘‘(B) perform such duties, exercise such (5) the continuation of war has led to should identify each country that has been powers, and have such rank and status as the human rights abuses by all parties to the identified in the past three years pursuant to Secretary of State shall prescribe.’’. conflict, including the killing of civilians, section 3(e) of the Arms Export Control Act (b) REPORT.—Not later than six months slavery, rape, and torture on the part of gov- (22 U.S.C. 2753(e)). after receipt by the Secretary of State of the ernment forces and paramilitary forces; and (2) A review of the current computer capa- report by the National Research Council of (6) it is in the interest of all the people of bilities of the Department of State relevant the National Academy of Sciences with re- Sudan for the parties to the conflict to seek to the processing of licenses and its ability spect to the contributions that science, tech- a negotiated settlement of hostilities and to communicate electronically with other

VerDate jul 14 2003 14:17 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00097 Fmt 0686 Sfmt 0634 E:\BR99\S22JN9.003 S22JN9 June 22, 1999 CONGRESSIONAL RECORD—SENATE 13805 agencies and contractors, and what improve- acting through the Under Secretary of State or marketing, who shall be appointed by the ments could be made that would speed the for Public Diplomacy, is authorized to pay Secretary of State upon the recommendation process, including the cost for such improve- the travel expenses and appropriate in-coun- of the Government of Russia, and who shall ments. try business English language training, if serve as nonvoting members. (3) An analysis of the work load and salary needed, of certain Russian nationals who (c) GENERAL POLICIES.—The Board shall structure for export licensing officers of the have completed training under the program make recommendations to the Secretary Office of Defense Trade Control of the De- to undertake short-term internships with with respect to general policies for the ad- partment of State as compared to com- business concerns in the United States upon ministration of this Act, including— parable jobs at the Department of Commerce the recommendation of the Board. (1) guidelines for the administration of the and the Department of Defense. SEC. 4. APPLICATIONS FOR TECHNICAL ASSIST- program under this Act; (4) Any suggestions of the Department of ANCE. (2) criteria for determining the qualifica- State relating to resources and regulations, (a) PROCEDURES.— tions of applicants under the program; and any relevant statutory changes that (1) IN GENERAL.—Each eligible enterprise (3) the appointment of panels of business might expedite the licensing process while that desires to receive training for its em- leaders in the United States and Russia for furthering the objectives of the Arms Export ployees and managers under this Act shall the purpose of nominating trainees; and Control Act. submit an application to the clearinghouse (4) such other matters with respect to which the Secretary may request rec- AMENDMENT NO. 722 established by subsection (d), at such time, in such manner, and accompanied by such ommendations. At the appropriate place, insert: (d) CHAIRPERSON.—The Chairperson of the additional information as the Secretary may RUSSIAN BUSINESS MANAGEMENT EDUCATION Board shall be designated by the President reasonably require. from among the voting members of the SECTION 1. PURPOSE. (2) JOINT APPLICATIONS.—A consortium of The purpose of this section is to establish eligible enterprises may file a joint applica- Board. Except as provided in subsection a training program in Russia for nationals of tion under the provisions of paragraph (1). (e)(2), a majority of the voting members of the Board shall constitute a quorum. Russia to obtain skills in business adminis- (b) CONTENTS.—The Secretary shall ap- (e) MEETINGS.—The Board shall meet at the tration, accounting, and marketing, with prove an application under subsection (a) call of the Chairperson, except that— special emphasis on instruction in business only if the application— (1) the Board shall meet not less than 4 ethics and in the basic terminology; tech- (1) is for an individual or individuals em- times each year; and niques, and practices of those disciplines, to ployed in an eligible enterprise or enter- (2) the Board shall meet whenever one- achieve international standards of quality, prises applying under the program; third of the voting members request a meet- transparency, and competiveness. (2) describes the level of training for which ing in writing, in which event 7 of the voting assistance under this Act is sought; SEC. 2. DEFINITIONS. members shall constitute a quorum. (3) provides evidence that the eligible en- (1) BOARD.—The term ‘‘Board’’ means the (f) COMPENSATION.—Members of the Board United States-Russia Business Management terprise meets the general policies adopted who are not in the regular full-time employ Training Board established under section by the Secretary for the administration of of the United States shall receive, while en- 5(a). this Act; gaged in the business of the Board, com- (2) DISTANCE LEARNING.—The term ‘‘dis- (4) provides assurances that the eligible en- pensation for service at a rate to be fixed by tance learning’’ means training through terprise will pay a share of the costs of the the President, except that such rate shall computers, interactive videos, teleconfer- training, which share may include in-kind not exceed the rate specified at the time of encing, and videoconferencing between and contributions; and such service for level V of the Executive (5) provides such additional assurances as among students and teachers. Schedule under section 5316 of title 5, United the Secretary determines to be essential to (3) ELIGIBLE ENTERPRISE.—The term ‘‘eligi- States Code, including traveltime, and, while ensure compliance with the requirements of ble enterprise’’ means— so serving away from their homes or regular this Act. (A) a business concern operating in Russia places of business, they may be allowed trav- (c) COMPLIANCE WITH BOARD POLICIES.—The that employs Russian nationals; and el expenses, including per diem in lieu of Secretary shall approve applications for (B) a private enterprise that is being subsistence, as authorized by section 5703 of technical assistance under the program after formed or operated by former officers of the title 5, United States Code, for persons em- taking into account the recommendations of Russian armed forces in Russia. ployed intermittently in Government serv- the Board. (4) SECRETARY.—The term ‘‘Secretary’’ ice. means the Secretary of State. (d) CLEARINGHOUSE.—There is established a clearinghouse in Russia to manage and exe- SEC. 6. RESTRICTIONS NOT APPLICABLE. SEC. 3. AUTHORIZATION FOR TRAINING PRO- Prohibitions on the use of foreign assist- GRAM AND INTERNSHIPS. cute the program. The clearinghouse shall ance funds for assistance for the Russian (a) TRAINING PROGRAM.— screen applications, provide information re- Federation shall not apply with respect to (1) IN GENERAL.—The Secretary of State, garding training and teachers, monitor per- the funds made available to carry out this acting through the Under Secretary of State formance of the program, and coordinate ap- Act. for Public Diplomacy, and taking into ac- propriate post-program follow-on activities. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. count the general policies recommended by SEC. 5. UNITED STATES-RUSSIAN BUSINESS MAN- the United States-Russia Business Manage- AGEMENT TRAINING BOARD. (a) IN GENERAL.—There is authorized to be ment Training Board established under sec- (a) ESTABLISHMENT.—There is established appropriated $10,000,000 for each of fiscal tion 5(a), is authorized to establish a pro- within the Department of State a United years 2000 and 2001 to carry out this Act. gram of technical assistance (in this Act re- States-Russian Business Management Train- (b) AVAILABILITY OF FUNDS.—Amounts ap- ferred to as the ‘‘program’’) to provide the ing Board. propriated under subsection (a) are authorized to remain available until expended. training described in section 1 to eligible en- (b) COMPOSITION.—The Board established terprises. pursuant to subsection (a) shall be composed SEC. 8. EFFECTIVE DATE. (2) IMPLEMENTATION.—Training shall be of 12 members as follows: This Act shall take effect on October 1, carried out by United States nationals hav- (1) The Under Secretary of State for Public 1999. ing expertise in business administration, ac- Diplomacy. counting, and marketing or by Russian na- (2) The Administrator of the Agency for McCAIN AMENDMENT NO. 723 tionals who have been trained under the pro- International Development. Mr. HELMS (for Mr. MCCAIN) program or by those who meet criteria estab- (3) The Secretary of Commerce. lished by the Board. Such training may be (4) The Secretary of Education. posed an amendment to the bill, S. 886, carried out— (5) Six individuals from the private sector supra; as follows: (A) in the offices of eligible enterprises, at having expertise in business administration, At the appropriate place in the bill, insert business schools or institutes, or at other lo- accounting, and marketing, who shall be ap- the following: cations in Russia, including facilities of the pointed by the Secretary of State, as follows: Notwithstanding any other provision of armed forces of Russia, educational institu- (A) Two individuals employed by graduate law, the Inspector General of the Agency for tions, or in the offices of trade or industry schools of management offering accredited International Development shall serve as the associations, with special consideration degrees. Inspector General of the Inter-American given to locations where similar training op- (B) Two individuals employed by eligible Foundation and the African Development portunities are limited or nonexistent; or enterprises. Foundation and shall have all the authori- (B) by ‘‘distance learning’’ programs origi- (C) Two individuals from nongovernmental ties and responsibilities with respect to the nating in the United States or in European organizations involved in promoting free Inter-American Foundation and the Africa branches of United States institutions. market economy practices in Russia. Development Foundation as the Inspector (b) INTERNSHIPS WITH UNITED STATES DO- (6) Two nationals of Russia having experi- General has with respect to the Agency for MESTIC BUSINESS CONCERNS.—The Secretary, ence in business administration, accounting, International Development.

VerDate jul 14 2003 14:17 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00098 Fmt 0686 Sfmt 0634 E:\BR99\S22JN9.003 S22JN9 13806 CONGRESSIONAL RECORD—SENATE June 22, 1999 SCHUMER (AND BROWNBACK) SEC. 730. REPORTING REQUIREMENTS UNDER years 2000 and 2001 for payment of contribu- AMENDMENT NO. 724 PLO COMMITMENTS COMPLIANCE tions to the United Nations Voluntary Fund ACT OF 1989. for Victims of Torture. Mr. HELMS (for Mr. SCHUMER (for (a) FINDINGS.—Congress makes the fol- himself and Mr. BROWNBACK)) proposed lowing findings: DODD AMENDMENT NO. 727 an amendment to the bill, S. 886, supra; (1) The PLO Commitments Compliance Act as follows: of 1989 (title VIII of Public Law 101–246) re- Mr. HELMS (for Mr. DODD) proposed quires the President to submit reports to the an amendment to the bill, S. 886, supra; At the appropriate place, insert: Speaker of the House of Representatives and It is the sense of the Congress that: as follows: the chairman of the Committee on Foreign Ten percent of the citizens of the Islamic On page 52, between lines 19 and 20, insert Republic of Iran are members of religious Relations of the Senate every 180 days, on Palestinian compliance with the Geneva the following new section: minority groups; SEC. 337. STATE DEPARTMENT INSPECTOR GEN- According to the State Department and commitments of 1988, the commitments contained in the letter of September 9, 1993 to ERAL AND PERSONNEL INVESTIGA- internationally recognized human rights or- TIONS. the Prime Minister of Israel, and the letter ganizations, such as Human Rights Watch (a) AMENDMENT OF THE FOREIGN SERVICE of September 9, 1993 to the Foreign Minister and Amnesty International, religious mi- ACT OF 1980.—Section 209(c) of the Foreign of Norway. norities in the Islamic Republic of Iran—in- Service Act of 1980 (22 U.S.C. 3929(c)) is (2) The reporting requirements of the PLO cluding Sunni Muslims, Baha’is, Christians, amended by adding at the end the following: Commitments Compliance Act of 1989 have and Jews—have been the victims of human ‘‘(5) INVESTIGATIONS.— remained in force from enactment until the rights violations solely because of their sta- ‘‘(A) CONDUCT OF INVESTIGATIONS.—In con- tus as religious minorities; present. ducting investigations of potential viola- The 55th session of the United Nations (3) Modification and amendment to the tions of Federal criminal law or Federal reg- PLO Commitments Compliance Act of 1989, Commission on Human Rights passed Reso- ulations, the Inspector General shall— lution 1999/13, which expresses the concern of and the expiration of the Middle East Peace ‘‘(i) abide by professional standards appli- the international community over ‘contin- Facilitation Act (Public Law 104–107) did not cable to Federal law enforcement agencies; ued discrimination against religious minori- alter the reporting requirements. and ties’ in the Islamic Republic of Iran, and (4) According to the official records of the ‘‘(ii) permit each subject of an investiga- calls on that country to moderate its policy Committee on Foreign Relations of the Sen- tion an opportunity to provide exculpatory on religious minorities until they are ‘com- ate, the last report under the PLO Commit- information. pletely emancipated’; ments Compliance Act of 1989 was submitted ‘‘(B) REPORTS OF INVESTIGATIONS.—In order More than half the Jews in Iran have been and received on December 27, 1997. to ensure that reports of investigations are forced to flee that country since the Islamic (b) REPORTING REQUIREMENTS.—The PLO thorough and accurate, the Inspector Gen- Revolution of 1979 because of religious perse- Commitments Compliance Act of 1989 is eral shall— amended— cution, and many of them now reside in the ‘‘(i) make every reasonable effort to ensure (1) in section 804(b), by striking ‘‘In con- United States; that any person named in a report of inves- The Iranian Jewish community, with a junction with each written policy justifica- tigation has been afforded an opportunity to 2,500-year history and currently numbering tion required under section 604(b)(1) of the refute any allegation or assertion made re- some 30,000 people, is the oldest Jewish com- Middle East Peace Facilitation Act of 1995 or garding that person’s actions; munity living in the Diaspora; every’’ and inserting ‘‘Every’’; ‘‘(ii) include in every report of investiga- Five Jews have been executed by the Ira- (2) in section 804(b)— tion any exculpatory information, as well as nian government in the past five years with- (A) by striking ‘‘and’’ at the end of para- any inculpatory information, that has been out having been tried; graph (9); discovered in the course of the investiga- There has been a noticeable increase re- (B) by striking the period at the end of tion.’’. cently in anti-Semitic propaganda in the paragraph (10); and (b) ANNUAL REPORT.—Section 209(d)(2) of government-controlled Iranian press; (C) by adding at the end the following new the Foreign Service Act of 1980 (22 U.S.C. On the eve of the Jewish holiday of Pass- paragraphs: 3929(d)(2)) is amended— over 1999, thirteen or more Jews, including ‘‘(11) a statement on the effectiveness of (1) by striking ‘‘and’’ at the end of subpara- community and religious leaders in the city end-use monitoring of international or graph (D); of Shiraz, were arrested by the authorities of United States aid being provided to the Pal- (2) by striking the period at the end of sub- the Islamic Republic of Iran; and estinian Authority, Palestinian Liberation paragraph (E) and inserting ‘‘; and’’; and In keeping with its dismal record on pro- Organization, or the Palestinian Legislative (3) by inserting after subparagraph (E) the viding accused prisoners with due process Council, or to any other agent or instrumen- following new subparagraph: and fair treatment, the Islamic Republic of tality of the Palestinian Authority, on Pal- ‘‘(F) a description, which may be included, Iran failed to charge the detained Jews with estinian efforts to comply with international if necessary, in the classified portion of the any specific crime or allow visitation by rel- accountig standards and on enforcement of report, of any instance in a case that was atives of the detained for more than two anti-corruption measures; and closed during the period covered by the re- months: Now, therefore, it is the sense of the ‘‘(12) a statement on compliance by the port when the Inspector General decided not Congress that the United States should— Palestian Authority with the democratic re- to afford an individual the opportunity de- (1) continue to work through the United forms with specific details regarding the sep- scribed in subsection (c)(5)(B)(i) to refute Nations to assure that the Islamic Republic aration of powers called for between the ex- any allegation or assertion, and the ration- of Iran implements the recommendations of ecutive and Legislative Council, the status ale for denying such individual that oppor- Resolution 1999/13; of legislation passed by the Legislative tunity.’’. (2) condemn, in the strongest possible Council and sent to the executive, the sup- (c) STATUTORY CONSTRUCTION.—Nothing in terms,the recent arrest of members of Iran’s port of the executive for local and municipal the amendments made by this section may Jewish minority and urge their immediate elections, the status of freedom of the press, be construed to modify— release; and of the ability of the press to broadcast (1) section 209(d)(4) of the Foreign Service (3) urge all nations having relations with debate from within the Legislative Council Act of 1980 (22 U.S.C. 3929(d)(4)); the Islamic Republic of Iran to condemn the and about the activities of the Legislative (2) section 7(b) of the Inspector General treatment of religious minorities in Iran and Council.’’. Act of 1978 (5 U.S.C. app.); call for the release of all prisoners held on (3) the Privacy Act of 1974 (5 U.S.C. 552a); the basis of their religious beliefs; and or (4) maintain the current United States pol- GRAMS (AND WELLSTONE) (4) the provisions of section 2302(b)(8) of icy toward the Islamic Republic of Iran un- AMENDMENT NO. 726 title 5 (relating to whistleblower protection). less and until that country moderates its Mr. HELMS (for Mr. GRAMS (for him- (d) EFFECTIVE DATE.—The amendments treatment of religious minorities. self and Mr. WELLSTONE)) proposed an made by this section shall apply to cases amendment to the bill, S. 886, supra; as opened on or after the date of the enactment MACK (AND LIEBERMAN) follows: of this Act. AMENDMENT NO. 725 On page 129, between lines 5 and 6, insert Mr. HELMS (for Mr. MACK (for him- the following new section: ASHCROFT (AND OTHERS) self and Mr. LIEBERMAN) proposed an SEC. ll. AUTHORIZATION OF APPROPRIATIONS AMENDMENT NO. 728 amendment to the bill, S. 886, supra; as FOR CONTRIBUTIONS TO THE Mr. HELMS (for Mr. ASHCROFT (for UNITED NATIONS VOLUNTARY FUND follows: FOR VICTIMS OF TORTURE. himself, Mr. SCHUMER, Mr. BURNS, and On page 115, after line 18, insert the fol- There are authorized to be appropriated to Mr. SPECTER)) proposed an amendment lowing new section: the President $5,000,000 for each of the fiscal to the bill, S. 886, supra; as follows:

VerDate jul 14 2003 14:17 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00099 Fmt 0686 Sfmt 0634 E:\BR99\S22JN9.003 S22JN9 June 22, 1999 CONGRESSIONAL RECORD—SENATE 13807 On page 115, after line 18, insert the fol- Israel or in territory administered by Israel (6) The President, in his State of the Union lowing new section: between 1950 and September 13, 1993, to in- address, called abusive child labor ‘‘the most SEC. 730. REPORT ON TERRORIST ACTIVITY IN clude in each case, where such information is intolerable labor practice of all,’’ and called WHICH UNITED STATES CITIZENS available, any stated claim or responsibility upon other countries to join in the fight WERE KILLED AND RELATED MAT- and the resolution or disposition of each against abusive and exploitative child labor. TERS. case, including information as to the where- (7) The Department of Labor has conducted (a) IN GENERAL.—Not later than six months abouts of the perpetrators of the acts, fur- 5 detailed studies that document the growing after the date of enactment of this legisla- ther provided that this list shall be sub- trend of child labor in the global economy, tion and every 6 months thereafter, the Sec- mitted only once with the initial report re- including a study that shows children as retary of State shall prepare and submit a quired under this section, unless additional young as 4 are making assorted products report, with a classified annex as necessary, relevant information on these cases becomes that are traded in the global marketplace. to the appropriate congressional committees available. (8) The prevalence of child labor in many regarding terrorist attacks in Israel, in terri- (9) The amount of compensation the United developing countries is rooted in widespread tory administered by Israel, and in territory States has requested for United States citi- poverty that is attributable to unemploy- administered by the Palestinian Authority. zens, or their families, injured or killed in ment and underemployment among adults, The report shall contain the following infor- attacks by terrorists in Israel, in territory low living standards, and insufficient edu- mation: administered by Israel, or in territory ad- cation and training opportunities among (1) A list of formal commitments the Pal- ministered by the Palestinian Authority adult workers and children. estinian Authority has made to combat ter- since September 13, 1993, and, if no com- (9) The ILO has unanimously reported a rorism. pensation has been requested, an explanation new Convention on the Worst Forms of Child (2) A list of terrorist attacks, occurring be- of why such requests have not been made. Labor. tween September 13, 1993 and the date of the (b) CONSULTATION WITH OTHER DEPART- (10) The United States negotiators played a report, against United States citizens in MENTS.—The Secretary of State shall, in pre- leading role in the negotiations leading up to Israel, in territory administered by Israel, or paring the report required by this section, the successful conclusion of the new ILO in territory administered by the Palestinian consult and coordinate with all other Gov- Convention on the Worst Forms of Child Authority, including— ernment officials who have information nec- Labor. (A) a list of all citizens of the United essary to complete the report. Nothing con- (11) On September 23, 1993, the United States killed or injured in such attacks; tained in this section shall require the dis- States Senate unanimously adopted a resolu- (B) the date of each attack, the total num- closure, on a classified or unclassified basis, tion stating its opposition to the importa- ber of people killed or injured in each at- of information that would jeopardize sen- tion of products made by abusive and ex- tack; sitive sources and methods or other vital na- ploitative child labor and the exploitation of (C) the person or group claiming responsi- tional security interests or jeopardize ongo- children for commercial gain. bility for the attack and where such person ing criminal investigations or proceedings. (b) SENSE OF THE SENATE.—It is the sense or group has found refuge or support; (c) INITIAL REPORT.—Except as provided in of the Senate that— (D) a list of suspects implicated in each at- subsection (a)(8), the initial report filed (1) abusive and exploitative child labor tack and the nationality of each suspect, in- under this section shall cover the period be- should not be tolerated anywhere it occurs; cluding information on— tween September 13, 1993 and the date of the (2) ILO member States should be com- (i) which suspects are in the custody of the report. mended for their efforts in negotiating this Palestinian Authority and which suspects (d) APPROPRIATE CONGRESSIONAL COMMIT- historic convention; are in the custody of Israel; TEES.—For purposes of this section, the term (3) it should be the policy of the United (ii) which suspects are still at large in ‘‘appropriate congressional Committee’’ States to continue to work with all foreign areas controlled by the Palestinian Author- means the Committees on Foreign Relations nations and international organizations to ity or Israel; and of the Senate and the Committee on Inter- promote an end to abusive and exploitative (iii) the whereabouts (or suspected where- national Relations of the House of Rep- child labor; and abouts) of suspects implicated in each at- resentatives. (4) the Senate looks forward to the prompt tack. (3) Of the suspects implicated in the at- submission by the President of the new ILO HARKIN (AND OTHERS) convention on the worst forms of child labor. tacks described in paragraph (2) and detained AMENDMENT NO. 729 by Palestinian or Israeli authorities, information on— Mr. HELMS (for Mr. HARKIN (for him- FEINGOLD AMENDMENT NO. 730 (A) the date each suspect was incarcerated; self, Mr. WELLSTONE, Mr. KOHL, Mr. Mr. HELMS (for Mr. FEINGOLD) pro- (B) whether any suspects have been re- LAUTENBERG, Mr. KENNEDY, Mr. posed an amendment to the bill, S. 886, leased, the date of such release, and whether TORRICELLI, Mr. DODD, Mr. FEINGOLD, supra; as follows: any released suspect was implicated in sub- and Mr. WYDEN)) proposed an amend- sequent acts of terrorism; and At the appropriate place in the Bill, insert (C) the status of each case pending against ment to the bill, S. 886, supra; as fol- the following: a suspect, including information on whether lows: SEC. . (a) FINDINGS.—The Congress finds the suspect has been indicted, prosecuted, or On page 115, after line 18, insert the fol- as follows: The International Criminal Tribunal for convicted by the Palestinian Authority or lowing new section: Rwanda (ICTR) was established to prosecute Israel. SEC. 730. SENSE OF SENATE REGARDING CHILD individuals responsible for genocide and (4) The policy of the Department of State LABOR. other serious violations of international hu- with respect to offering rewards for informa- (a) FINDINGS.—The Senate makes the fol- manitarian law committed in the territory tion on terrorist suspects, including any in- lowing findings: (1) The International Labor Organization of Rwanda; formation on whether a reward has been (2) A separate tribunal, the International (in this resolution referred to as the ‘‘ILO’’) posted for suspects involved in terrorist at- Criminal Tribunal for the Former Yugo- estimates that at least 250,000,000 children tacks listed in the report. slavia (ICTY), was created with a similar under the age of 15 are working around the (5) A list of each request by the United purpose for crimes committed in the terri- world, many of them in dangerous jobs that States for assistance in investigating ter- tory of the former Yugoslavia; rorist attacks listed in the report, a list of prevent them from pursuing an education (3) The acts of genocide and crimes against each request by the United States for the and damage their physical and moral well- humanity that have been perpetrated transfer of terrorist suspects from the Pales- being. against civilians in the Great Lake region of tinian Authority and Israel since September (2) Children are the most vulnerable ele- Africa equal in horror the acts committed in 13, 1993 and the response to each request ment of society and are often abused phys- the territory of the former Yugoslavia; from the Palestinian Authority and Israel. ically and mentally in the work place. (4) The ICTR has succeeded in issuing at (6) A description of efforts made by United (3) Making children work endangers their least 28 indictments against 48 individuals, States officials since September 13, 1993 to education, health, and normal development. and currently has in custody 38 individuals bring to justice perpetrators of terrorist acts (4) UNICEF estimates that by the year presumed to have led and directed the 1994 against U.S. citizens as listed in the report. 2000, over 1,000,000,000 adults will be unable genocide; (7) A list of any terrorist suspects in these to read or write on even a basic level because (5) The ICTR issued the first conviction cases who are members of Palestinian police they had to work as children and were not ever by an international court for the crime or security forces, the Palestine Liberation educated. of genocide against Jean-Paul Akayesu, the Organization, or any Palestinian governing (5) Nearly 41 percent of the children in Af- former mayor of Taba, who was sentenced to body. rica, 22 percent in Asia, and 17 percent in life in prison; (8) A list of all United States citizens Latin America go to work without ever hav- (6) The mandate of the ICTR is limited to killed or injured in terrorist attacks in ing seen the inside of a classroom. acts committed only during calendar year

VerDate jul 14 2003 14:17 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00100 Fmt 0686 Sfmt 0634 E:\BR99\S22JN9.003 S22JN9 13808 CONGRESSIONAL RECORD—SENATE June 22, 1999 1994, yet the mandate of the ICTY covers se- armament Agency were transferred to the NOTICE OF HEARING rious violations of international humani- Secretary of State. One of the stated goals of tarian law since 1991 through the present; that Act is to integrate the Arms Control COMMITTEE ON RULES AND ADMINISTRATION (7) There has been well substantial allega- and Disarmament Agency into the Depart- Mr. MCCONNELL. Mr. President, I tions of major crimes against humanity and ment of State ‘‘to give new emphasis to a wish to announce that the Committee war crimes that have taken place in the broad range of efforts to curb proliferation of on Rules and Administration will meet Great Lakes region of Africa that fall out- dangerous weapons and delivery systems’’. on Wednesday, June 30, 1999 at 9:30 side of the current mandate of the Tribunal (b) REPORT.—Not later than 180 days after a.m., in room SR–301 Russell Senate in terms of either the dates when, or geographical areas where, such crimes took the date of enactment of this Act, the Sec- Office Building, to receive testimony place; retary of State shall submit to the appro- on the operations of the Architect of (8) The attention accorded the ICTY and priate congressional committees a report the Capitol. the indictments that have been made as a re- containing— For further information concerning sult of the ICTY’s broad mandate continue (1) an assessment of whether the export of this meeting, please contact Tamara to play an important role in current U.S. small arms poses any proliferation problems Somerville at the Rules Committee on policy in the Balkans; including— 4–6352. The International community must send (A) estimates of the numbers and sources an unmistakable signal that genocide and of licit and illicit small arms and light arms f other crimes against humanity cannot be in circulation and their origins; AUTHORITY FOR COMMITTEES TO committed with impunity; (B) the challenges associated with moni- MEET (b) It is the sense of the Congress that, toring small arms; and The President should instruct the United (C) the political, economic, and security COMMITTEE ON BANKING, HOUSING, AND URBAN States U.N. Representative to advocate to dimensions of this issue, and the threats AFFAIRS the Security Council to direct the Office of posed, if any, by these weapons to United Mr. JEFFORDS. Mr. President, I ask Internal Oversight Services (OIOS) to re- States interests, including national security unanimous consent that the Com- evaluate the conduct and operation of the interests; ICTR. Particularly, the OIOS should assess mittee on Banking, Housing, and (2) an assessment of whether the export of Urban Affairs be authorized to meet the progress made by the Tribunal in imple- small arms of the type sold commercially in menting the recommendations of the Report the United States should be considered a for- during the session of the Senate on of the U.N. Secretary-General on the Activi- eign policy or proliferation issue; Tuesday, June 22, 1999, to conduct a ties of the Office of Internal Oversight Serv- (3) a description of current Department of hearing with respect to the nomination ices, A/52/784, of 6 February, 1998. The OIOS State activities to monitor and, to the ex- of Lawrence H. Summers, to be Sec- should also include an evaluation of the po- tent possible ensure adequate control of, retary of the Treasury. tential impact of expanding the original both the licit and illicit manufacture, trans- mandate of the ICTR. The PRESIDING OFFICER. Without fer, and proliferation of small arms and light objection, it is so ordered. (c) REPORT.—90 days after enactment of weapons, including efforts to survey and as- this Act, the Secretary of State shall report sess this matter with respect to Africa and COMMITTEE ON ENERGY AND NATURAL to Congress on the effectiveness and progress to survey and assess the scope and scale of RESOURCES of the ICTR. The report shall include an as- the issue, including stockpile security and Mr. JEFFORDS. Mr. President, I ask sessment of the ICTR’s ability to meet its destruction of excess inventory, in NATO unanimous consent that the Com- current mandate and an evaluation of the and Partnership for Peace countries; mittee on Energy and Natural Re- potential impact of expanding that mandate (4) a description of the impact of the reor- sources be granted permission to meet to include crimes committed after calendar ganization of the Department of State made year 1994. during the session of the Senate on by the Foreign Affairs Reform and Restruc- Tuesday, June 22, for purposes of con- turing Act of 1998 on the transfer of func- FEINSTEIN (AND OTHERS) tions relating to monitoring, licensing, anal- ducting a joint committee hearing with AMENDMENT NO. 731 ysis, and policy on small arms and light the Committee on Armed Services, the weapons, including— Committee on Governmental Affairs, Mr. HELMS (for Mrs. FEINSTEIN (for (A) the integration of and the functions re- and the Select Committee on Intel- herself, Mr. FEINGOLD, and Mr. LEVIN)) lating to small arms and light weapons of ligence, which is scheduled to begin at proposed an amendment to the bill, S. the United States Arms Control and Disar- 9:30 a.m. The purpose of this oversight 886, supra; as follows: mament Agency with those of the Depart- hearing is to receive testimony from On page 115, after line 18, add the following ment of State; the President’s Foreign Intelligence (B) the functions of the Bureau of Arms new section: Advisory Board regarding its report to SEC. ll. REPORTING REQUIREMENT ON WORLD- Control, the Bureau of Nonproliferation, the WIDE CIRCULATION OF SMALL ARMS Bureau of Political-Military Affairs, the Bu- the President: Science at its Best, Se- AND LIGHT WEAPONS. reau of International Narcotics and Law En- curity at its Worst: A Report on Secu- (a) FINDINGS.—Congress makes the fol- forcement, regional bureaus, and any other rity Problems at the U.S. Department lowing findings: relevant bureau or office of the Department of Energy. (1) In numerous regional conflicts, the of State, including the allocation of per- The PRESIDING OFFICER. Without presence of vast numbers of small arms and sonnel and funds, as they pertain to small objection, it is so ordered. light weapons has prolonged and exacerbated arms and light weapons; conflict and frustrated attempts by the (C) the functions of the regional bureaus of COMMITTEE ON ENERGY AND NATURAL international community to secure lasting the Department of State in providing infor- RESOURCES peace. The sheer volume of available weap- mation and policy coordination in bilateral Mr. JEFFORDS. Mr. President, I ask onry has been a major factor in the devasta- and multilateral settings on small arms and unanimous consent that the Com- tion witnessed in recent conflicts in Angola, light weapons; mittee on Energy and Natural Re- Cambodia, Liberia, Mozambique, Rwanda, (D) the functions of the Under Secretary of sources be granted permission to meet Sierra Leone, Somalia, Sri Lanka, and Af- State for Arms Control and International Se- during the session of the Senate on ghanistan, among others, and has contrib- curity pertaining to small arms and light Tuesday, June 22, for purposes of con- uted to the violence endemic to weapons; and narcotrafficking in Colombia and Mexico. (E) the functions of the scientific and pol- ducting a full committee hearing (2) Increased access by terrorists, guerrilla icy advisory board on arms control, non- which is scheduled to begin at 2:30 p.m. groups, criminals, and others to small arms proliferation, and disarmament pertaining to The purpose of this oversight hearing and light weapons poses a real threat to small arms and light weapons; and is to explore the effectiveness of exist- United States participants in peacekeeping (5) an assessment of whether foreign gov- ing federal and industry efforts to pro- operations and United States forces based ernments are enforcing their own laws con- mote distributed generating tech- overseas, as well as to United States citizens cerning small arms and light weapons import nologies, including solar, wind, fuel traveling overseas. and sale, including commitments under the cells, and microturbines, as well as reg- (3) In accordance with the reorganization Inter-American Convention Against the Il- of the Department of State made by the For- licit Manufacturing of and Trafficking in ulatory and other barriers to their eign Affairs Reform and Restructuring Act Firearms, Ammunition, Explosives, and widespread use. of 1998, effective March 28, 1999, all functions Other Related Materials or other relevant The PRESIDING OFFICER. Without and authorities of the Arms Control and Dis- international agreements. objection, it is so ordered.

VerDate jul 14 2003 14:17 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00101 Fmt 0686 Sfmt 0634 E:\BR99\S22JN9.003 S22JN9 June 22, 1999 CONGRESSIONAL RECORD—SENATE 13809

COMMITTEE ON FINANCE committee on Western Hemisphere, I ask to have printed in the RECORD Mr. JEFFORDS. Mr. President, I ask Peace Corps, Narcotics and Terrorism the full text of the eulogy offered by unanimous consent that the Com- be authorized to meet during the ses- Mary Elizabeth’s daughter, Miriam. I mittee on Finance be permitted to sion of the Senate on Tuesday, June 22, believe her words have truly captured meet Tuesday, June 22, 1999 beginning 1999 at 10:00 a.m. to hold a hearing. the remarkable spirit of her mother at 10:00 a.m., in room SD–215, to con- The PRESIDING OFFICER. Without and the outstanding life that she led. duct a markup. objection, it is so ordered. The eulogy follows: The PRESIDING OFFICER. Without f THE PASSING OF A GREAT COMMUNICATOR AND objection, it is so ordered. A GREAT CONTRIBUTOR TO LIFE—MARY ELIZ- COMMITTEE ON FOREIGN RELATIONS ADDITIONAL STATEMENTS ABETH MONTAGUE Mr. JEFFORDS. Mr. President, I ask Her life was and is a story, each chapter unanimous consent that the Com- better than the next. She was the central fig- mittee on Foreign Relations be author- TRIBUTE TO MARY ELIZABETH ure in many lives—a daughter, a mother, an ized to meet during the session of the MONTAGUE advisor, a friend, teacher, a companion, a Senate on Tuesday, June 22, 1999 imme- ∑ politician, a writer and a coordinator of Mr. DODD. Mr. President, sadly, on events that surrounded her life and all those diately following the 10:00 a.m. hearing January 24th of this year, the state of she touched. She was a woman ahead of her to hold a hearing. Connecticut lost a resident of upstand- time managing political campaigns, speak- The PRESIDING OFFICER. Without ing character who had dedicated her ing out for the rights of children, concerned objection, it is so ordered. career to public service. Mary Eliza- for the people instituted by the system, pro- COMMITTEE ON FOREIGN RELOCATIONS beth Montague led an accomplished life moting reading and literacy, all in the 50’s Mr. JEFFORDS. Mr. President, I ask for 87 years and our state owes her when women were supposed to be quiet—she unanimous consent that the Com- many thanks for all of her extraor- spoke. Never shy to give her opinion or back mittee on Foreign Relations be author- down from her beliefs, she taught us to be dinary contributions. strong, independent, and to think for our- ized to meet during the session of the Born in Middletown, Connecticut, selves. Senate on Tuesday, June 22, 1999 at 2:30 Mary Elizabeth established a distin- As a single parent, she sacrificed and made p.m. to hold a hearing. guished record as a public servant. choices to improve her children’s lives and The PRESIDING OFFICER. Without While in Middletown, she worked as a off to Washington we went. There she contin- objection, it is so ordered. social service investigator for the Fam- ued her political endeavors as an adminis- COMMITTEE ON HEALTH, EDUCATION, LABOR, trator, coordinator, and writer. Along the ily Welfare Association and went on to way, she showed us that richness comes in AND PENSIONS become the first woman president of Mr. JEFFORDS. Mr. President, I ask the quality of life you live and in the people the local Parent-Teachers Association. you meet along the way. And, oh, the people unanimous consent that the Com- She eventually became the PTA’s state we met—Presidents, Congressmen, Congress- mittee on Health, Education, Labor, district director. women, Senators, Ambassadors, Governors, and Pensions be authorized to meet for Mary Elizabeth’s diverse accomplish- key figures in national and international a hearing on ‘‘ESEA: Professional De- ments led to her appointment as a con- politics, actors and actresses, writers and so many more. But all the while, she showed us velopment’’ during the session of the gressional liaison to the Small Busi- Senate on Tuesday, June 22, 1999, at that even these people were all the same, ness Administration during the Ken- some with more power or wealth, but none 9:30 a.m. nedy Administration. The PRESIDING OFFICER. Without better than the man next door. Then, in 1965, she joined Vice Presi- Most of all, she wanted us to believe in objection, it is so ordered. dent Hubert Humphrey’s Capitol Hill ourselves—that God gave us talents, person- COMMITTEE ON THE JUDICIARY staff handling such issues as cities, the ality, wit and a mind to grow and share. She Mr. JEFFORDS. Mr. President, I ask arts, and the economy. taught us laughter and wit with a twinkle in unanimous consent that the Com- her eye and laughter in her heart. Upon leaving Vice President Hum- mittee on the Judiciary be authorized Mary Elizabeth’s story has not ended for phrey’s office, Mary Elizabeth launched to meet for a hearing re S. 952, Sta- she will remain in our hearts, our lives, and her own public relations firm in 1968. ∑ dium Financing and Franchise Reloca- our souls forever. She published numerous editions of ‘‘A tion Act of 1999, during the session of ∑ Mr. GORTON. Mr. President, just a the Senate on Tuesday, June 22, 1999, Woman’s Guide to Washington, D.C.’’ few short weeks ago, on the anniver- at 11:00 a.m., in SD226. and created and published ‘‘On the sary of the filing of the government’s The PRESIDING OFFICER. Without Hill,’’ a monthly magazine about Cap- antitrust suit against Microsoft, I took objection, it is so ordered. itol Hill that was distributed to all to the floor of the U.S. Senate to detail congressional offices. SELECT COMMITTEE ON INTELLIGENCE the rapidly changing nature of the in- Mr. JEFFORDS. Mr. President, I ask In March of 1998, Mary Elizabeth was formation technology industry over unanimous consent that the Select presented with the Key to Norwalk, that twelve-month period of time. I Committee on Intelligence be author- Connecticut, her most recent home, for noted that, just one year ago that day, ized to meet during the session of the her 30 years of service as a communica- AOL and Netscape were two large suc- Senate on Tuesday, June 22, 1999 at 9:30 tions consultant. This was only one of cessful companies. A year later, they a.m. to hold an open joint hearing on the 14 different keys she had received were a gigantic conglomerate, teamed the PFIAB DOE. from cities and towns around the state. with Sun and ready to compete in the The PRESIDING OFFICER. Without In addition, Mary Elizabeth was award- next frontier of the information tech- objection, it is so ordered. ed numerous commendations and cita- nology industry. MCI Communications SUBCOMMITTEE ON AGING tions for her dedicated community and WorldCom were two separate com- Mr. JEFFORDS. Mr. President, I ask service. panies, as were Excite and @Home. unanimous consent that the Com- My Connecticut office shared a rela- Yahoo hadn’t yet bought GeoCities and mittee on Health, Education, Labor, tionship with Mary Elizabeth for the Broadcast.com. AT&T was a long dis- and Pensions, Subcommittee on Aging, past 6 years as she tirelessly continued tance company. A year later, AT&T be authorized to meet for a hearing on to better the lives of those around her. could have influence over 60% of cable Older Americans during the session of Her life and work were committed to systems in the United States. The the Senate on Tuesday, June 22, 1999, serving the public good and are testa- stock market had risen dramatically at 2:30 p.m. ments to how one person can touch so over that year, fueling our unprece- The PRESIDING OFFICER. Without many people in a positive way. dented economic boom. objection, it is so ordered. Mary Elizabeth Montague is survived What difference a year makes, I said SUBCOMMITTEE ON WESTERN HEMISPHERE, by her three children, Louis, William, at that time. PEACE CORPS, NARCOTICS AND TERRORISM and Miriam, four grandchildren, and Now, last week, we were joined by Mr. JEFFORDS. Mr. President, I ask one great-granddaughter. I offer each some of the most brilliant and vision- unanimous consent that the Sub- of them my heartfelt condolences. ary minds in the world as they testified

VerDate jul 14 2003 14:17 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00102 Fmt 0686 Sfmt 0634 E:\BR99\S22JN9.003 S22JN9 13810 CONGRESSIONAL RECORD—SENATE June 22, 1999 before the Joint Economic Committee lution, just as the proliferation of new enterprise, but as Mr. Gates accurately High-Technology Summit. Two of the devices will help make the Internet noted, ‘‘the incredible success of this most brilliant, even among that gath- more useful and accessible to everyone. industry in the United States owes a ering, Federal Reserve Chairman Alan Five years ago. who would have imag- lot to the light hand of government in Greenspan and Microsoft Chairman Bill ined that people would now be shopping the technology area, the fact that peo- Gates, reinforced the notion of an ex- for automobiles, home loans, airline ple can take incredible risks and if traordinarily dynamic industry, and tickets or clothing on the Web? Elec- they’re successful they can have in- painted a future promising more dra- tronic commerce has increased tenfold credible rewards.’’ matic change than we have already in the last few years, making it con- Mr. President, Alan Greenspan and seen. venient for people to purchase almost Bill Gates are precisely correct. We As the two men who arguably have anything, anytime, from anywhere. By must not take for granted the unprece- had more to do with our extended eco- 2002, nearly 50 million Americans will dented success of this industry and the nomic expansion than any other in the be shopping online, spending almost bounty it has conferred upon our coun- world—one for his contributions in cre- half a trillion dollars on the Web. try and, indeed, upon the rest of the ating the high-tech boom that has driv- There is endless speculation about world. en the economy, the other for judi- which companies will be successful. The United States government must ciously guiding that economy—we The big winner will be consumers. refrain from yielding to the temptation would do well to listen to Mr. Gates They will see better prices, more to pick winners and losers in the mar- and Mr. Greenspan when they offer choice, more opportunities to do the ketplace according to arcane and dis- their thoughts about America’s next things they want to do.’’ credited economic theories that are century. I was struck by the similarity Chairman Greenspan agreed with Mr. rooted in ‘‘what if’’ wishes rather than of their views this week as they testi- Gates’ sentiment that consumers have ‘‘what is’’ actualities. The freedom to fied on the future of the information- been, and will continue to be, the main innovate and provide quality products technology industry, the profound ben- beneficiaries of the IT revolution. that will continue to improve lives is efits it has bestowed on the U.S. and ‘‘Every new innovation,’’ he told us, only possible when government does world economies, and the role govern- ‘‘has suggested further possibilities to not dictate how young, vibrant, entre- ment has and should continue to play profitably meet increasingly sophisti- preneurial companies can compete. in sustaining this dynamic and lit- cated consumer demands. Many ven- Again, Chairman Greenspan stated erally world-changing force. tures fail. But the few that prosper en- the case lucidly: ‘‘at this stage,’’ he To begin with, both Mr. Gates and hance consumer choice.’’ told us, ‘‘one lesson seems reasonably Chairman Greenspan point to the mo- Both men pointed to the enormous clear. As we contemplate the appro- mentous changes in the way the world economic benefit that has accrued priate public policies for an economy operates as a result of this industry’s from the IT industry’s success. experiencing rapid technological ad- influence. Its innovations are not con- ‘‘The unexpectedly strong economic vancement, we should strive to main- fined merely to IT products, but to the growth this country is experiencing tain the flexibility of our labor and repercussions of how those products can, in large measure,’’ noted Mr. capital markets that has spurred the are used. According to Chairman Gates, ‘‘be traced to the vibrant, com- continuous replacement of capital fa- Greenspan, ‘‘innovations in informa- petitive and fast-growing computer cilities embodying older technologies tion technology so-called IT have technology industry. This sector has with facilities reflecting the newest in- begun to alter the manner in which we created more new jobs than any other novations. Further reducing regulatory do business and create value, often in part of the economy. In fact, we can impediments to competition, will, of ways that were not readily foreseeable predict today that by the year 2000, the course, add to this process. The newer even five years ago. As this century software industry’s contribution to the technologies have widened the poten- comes to an end, that defining char- U.S. economy will be greater than the tial for economic well-being. Govern- acteristic of the current wave of tech- contribution of any other manufac- ments should seek to foster that poten- nology is the role of information.’’ turing industry in America, an extraor- tial.’’ Mr. Gates underscored that senti- dinary achievement for an industry Mr. President, I could not agree ment and gave us a glimpse of an even that is less than 30 years old.’’ more. We should be fostering the more information-defined vision of the Chairman Greenspan underscored growth of the dynamic Information future in which, ‘‘there will be a pro- just how strong that contribution has Technology industry, not engineering liferation of smart, connected devices, been already by stating flatly that, its deterioration into the bureaucratic from palm-sized digital assistants and ‘‘An economy that twenty years ago morass that is government’s specialty. tablet personal computers to smart seemed to have seen its better days, is Unfortunately, there are some in the TVS and Web-enabled cell phones. All displaying a remarkable run of eco- Clinton administration who do not of your files,’’ he told us, ‘‘schedule, nomic growth that appears to have its share this view. They short-sightedly address book and everything else you roots in ongoing advances in tech- seek to impose the heavy hand of gov- will need will automatically be avail- nology. Nor, have the benefits been ernment on the IT industry to ensure able on each of these. When you’re limited to just our country. All else that certain competitors, not con- traveling you’ll be able to call up your equal, the enhanced competition in sumers, are the ultimate beneficiaries itinerary, book an appointment or view tradable goods enables excess capacity of this economic revolution. Their cur- your stock portfolio using the device previously bottled up in one country to rent project is the break-up of the most you have in hand. It will know the in- augment worldwide supply and exert dynamic and successful company of the formation you need, and when and restraint on prices in all countries’ last 25 years—perhaps in U.S. history— where you need it. Wherever you are, markets.’’ the Microsoft Corporation. you’ll be able to access your own dig- Chairman Greenspan offered a note of As I pointed out those few weeks ago, ital dashboard—your personal portal to caution, though, as it is his job to do, in the presence of a company exerting your own secure office desktop on any and as he has done so brilliantly to our real monopoly power, competitors PC.’’ economic benefit in the last few years. would be stifled, prices would rise, Where will this information revolu- ‘‘The rate of growth of productivity choices would be curtailed, consumers tion lead us? If the past five years are cannot increase indefinitely,’’ he would be harmed. In fact, in the last any indication of the future, it looks warned us, adding, ‘‘experience advises twelve months the real world for con- bright, indeed. caution.’’ sumers has improved by all of these According to Mr. Gates, ‘‘The con- We would do well to heed the Chair- measures. Competition in the tech- tinuing rapid growth in the Internet man’s admonition, Mr. President. The nology industry is alive and well and will help power this information revo- IT industry has indeed been a vibrant nipping at the heels of Microsoft.

VerDate jul 14 2003 14:17 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00103 Fmt 0686 Sfmt 0634 E:\BR99\S22JN9.003 S22JN9 June 22, 1999 CONGRESSIONAL RECORD—SENATE 13811 Prices are down, choices are up, inno- fostered marked reductions in delivery lead- The newer technologies, as I indicated ear- vation is rampant—all great news for times on all sorts of goods, from books to lier, have facilitated a dramatic consumers. capital equipment. This, in turn, has reduced foreshortening of the lead-times on the de- And, as these two luminaries of the the relative size of the overall capital struc- livery of capital equipment over the past ture required to turn out our goods and serv- decade. When lead times for capital equip- current golden economic firmament ices. ment are long, firms must undertake capital told us this week, the free-market con- Intermediate production and distribution spending that is adequate to deal with the ditions that will allow this great news processes, so essential when information and plausible range of business needs likely to to continue must prevail: government quality control were poor, are being by- occur after these goods are delivered and in- must keep its hands off of this indus- passed and eventually eliminated. The installed. In essence, those capital investments try. creasing ubiquitousness of Internet web sites must be sufficient to provide insurance I would ask that copies of both Chair- is promising to significantly alter the way against uncertain future demands. As lead man Greenspan’s and Mr. Gates’ testi- large parts of our distribution system are times have declined, a consequence of newer managed. technologies, firms’ forecasts of future re- mony be printed in their entirety in The process of innovation goes beyond the quirements have become somewhat less the CONGRESSIONAL RECORD. I would factory floor or distribution channels. De- clouded, and the desired amount of lead-time urge my colleagues to read and study sign times have fallen dramatically as com- insurance in the form of a reserve stock of their remarks, and then to join me in puter modeling has eliminated the need, for capital has been reduced. pursuing policies that will ensure that example, of the large staff of architectural In addition to shortening lead-times, tech- the Gates and Greenspan view of a fu- specification drafters previously required for nology has increased the flexibility of capture IT industry be allowed to unfold, building projects. Medical diagnoses are ital goods and production processes to meet unimpeded by government’s mis- more thorough, accurate, and far faster, with changes in the demand for product charac- access to heretofore unavailable informa- teristics and the composition of output. directed and deleterious hectoring. tion. Treatment is accordingly hastened, and This flexibility allows firms to deal more The material follows: hours of procedures eliminated. In addition, effectively with evolving market conditions PREPARED TESTIMONY FROM ALAN GREEN- the dramatic advances in biotechnology are with less physical capital than had been nec- SPAN, CHAIRMAN, BOARD OF GOVERNORS OF significantly increasing a broad range of pro- essary in the past. THE FEDERAL RESERVE—JUNE 14, 1999 ductivity-expanding efforts in areas from ag- Taken together, reductions in the amount Something special has happened to the riculture to medicine. of spare capital and increases in capital American economy in recent years. Economists endeavor to describe the influ- flexibility result in a saving of resources An economy that twenty years ago seemed ence of technological change on activity by that, in the aggregate, is reflected in higher to have seen its better days, is displaying a matching economic output against measur- levels of productivity. The newer tech- remarkable run of economic growth that ap- able economic inputs: quality adjusted labor nologies and foreshortened lead-times have, pears to have its roots in ongoing advances and all forms of capital. They attribute the thus, apparently made capital investment in technology. fact that economic growth has persistently distinctly more profitable, enabling firms to I have hypothesized on a number of occa- outpaced the contributions to growth from substitute capital for labor and other inputs sions that the synergies that have developed, labor and capital inputs to such things as far more productively than they could have especially among the microprocessor, the technological innovation and increased effi- a decade or two ago. Capital, as economists laser, fiber-optics, and satellite technologies, ciencies of organizations that are made pos- like to say, has deepened significantly since have dramatically raised the potential rates sible through newer technologies. For exam- 1995. of return on all types of equipment that em- ple, since 1995 output per labor workhour in The surge in investment not only has re- body or utilize these newer technologies. But the nonfarm business sector—our standard strained costs, it has also increased indus- beyond that, innovations in information measure of productivity—has grown at an trial capacity faster than the rise in factory technology—so called IT—have begun to annual rate of about 2 percent. Approxi- output. The resulting slack in product mar- alter the manner in which we do business mately one-third of that expansion appears kets has put greater competitive pressure on and create value, often in ways that were not to be attributable to output growth in excess businesses to hold down prices. readily foreseeable even five years ago. As of the combined growth of inputs. Technology is also damping upward price this century comes to an end, the defining Of course, it often takes time before a spe- pressures through its effect on international characteristic of the current wave of tech- cific innovation manifests itself as an in- trade, where technological developments and nology is the role of information. Prior to crease in measured productivity. Although a move to a less constrained world trading this IT revolution most of twentieth century some new technologies can be implemented order have progressively broken down bar- business decisionmaking had been hampered quickly and have an immediate payoff, oth- riers to cross-border trade. All else equal, by limited information. Owing to the paucity ers may take years or even decades before the enhanced competition in tradeable goods of timely knowledge of customers’ needs and achieving their full influence on produc- enables excess capacity previously bottled of the location of inventories and materials tivity as new capital is put in place that can up in one country to augment worldwide sup- flows throughout complex production sys- take advantage of these creations and their ply and exert restraint on prices in all coun- tems, businesses required substantial pro- spillovers. Hence, the productivity growth tries’ markets. grammed redundancies to function effec- seen in recent years likely represents the Because neither business firms nor their tively. benefits of the ongoing diffusion and imple- competitors can currently count any longer Doubling up on materials and people was mentation of a succession of technological on a general inflationary tendency to vali- essential as backup to the inevitable advances; likewise, the innovative break- date decisions to raise their own prices, each misjudgments of the real-time state of play throughs of today will continue to bear fruit company feels compelled to concentrate on in a company. Decisions were made from in- in the future. efforts to hold down costs. The availability formation that was hours, days, or even The evident acceleration of the process of of new technology to each company and its weeks old. Accordingly, production planning ‘‘creative destruction,’’ which has accom- rivals affords both the opportunity and the required costly inventory safety stocks and panied these expanding innovations and competitive necessity of taking steps to backup teams of people to maintain quality which has been reflected in the shifting of boost productivity. This contrasts with our control and to respond to the unanticipated capital from failing technologies into those experiences through the 1970s and 1980s, when and the misjudged. Large remnants of infor- technologies at the cutting edge, has been firms apparently found it easier and more mation void, of course, still persist, and fore- remarkable. Owing to advancing information profitable to seek relief from rising nominal casts of future events on which all business capabilities and the resulting emergence of labor costs through price increases than decisions ultimately depend are still un- more accurate price signals and less costly through cost-reducing capital investments. avoidably uncertain. But the recent years’ price discovery, market participants have The rate of growth of productivity cannot remarkable surge in the availability of real- been able to detect and to respond to finely increase indefinitely. While there appears to time information has enabled business man- calibrated nuances in consumer demand. The be considerable expectation in the business agement to remove large swaths of inventory process of capital reallocation has been as- community, and possibly Wall Street, that safety stocks and worker redundancies, and sisted through a significant unbundling of the productivity acceleration has not yet has armed firms with detailed data to fine- risks made possible by the development of peaked, experience advises caution. As I tune product specifications to most indi- innovative financial products, not previously have noted in previous testimony, history is vidual customer needs. available. Every new innovation has sug- strewn with projections of technology that Moreover, information access in real- gested further possibilities to profitably have fallen wide of the mark. With the innu- time—resulting, for example, from such meet increasingly sophisticated consumer merable potential permutations and com- processes as checkout counter bar code scan- demands. Many ventures fail. But the few binations of various synergies, forecasting ning and satellite location of trucks—has that prosper enhance consumer choice. technology has been a daunting exercise.

VerDate jul 14 2003 14:17 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00104 Fmt 0686 Sfmt 0634 E:\BR99\S22JN9.003 S22JN9 13812 CONGRESSIONAL RECORD—SENATE June 22, 1999 There is little reason to believe that we are able new prosperity in this country today, Internet will create a new universe of intel- going to be any better at this in the future and in accelerating economic development ligent PCs and complimentary devices that than in the past. Hence, despite the remark- throughout the world. We are creating a new will deliver the power of the information age able progress witnessed to date, we have to digital economy for this new information to anyone, anywhere, and anytime. be quite modest about our ability to project age. What this means is that there will be a the future of technology and its implications Mr. Chairman, I know that yesterday proliferation of smart, connected devices, for productivity growth and for the broader Chairman Greenspan appeared before this from palm-sized digital assistants and ‘‘tab- economy. Committee. Last month, he made a very im- let’ personal computers to smart TVs and A key question that we need to answer in portant observation that I’d like to read Web-enabled cellphones. All of your files, order to appropriately evaluate the connec- very briefly. He said: ‘‘The newest innova- schedule, address book and everything else tion between technological innovations and tions, which we label information tech- you need will automatically be available on productivity growth is why have not the nologies, have begun to alter the manner in each of these. When you’re traveling you’ll same available technologies allowed produc- which we do business and create value, often be able to call up your itinerary, book an ap- tivity in Europe and Japan to catch up to in ways not readily foreseeable even five pointment or view your stock portfolio using U.S. levels. While productivity in some for- years ago . . . The breadth of technological the device you have in hand. It will know the eign industrial countries appears to have ac- advance and its application has engendered a information you need, and when and where celerated in recent years, a significant gap major upward revaluation of business assets, you need it. Wherever you are, you’ll be able between U.S. productivity and that abroad both real and intangible.’’ to access your own ‘‘digital dashboard’’— persists. I’d like to reinforce Chairman Greenspan’s your personal portal to your own secure of- One hypothesis is that a necessary condi- points by telling you about the findings of a fice desktop—on any PC. tion for information technology to increase major new study of the digital economy car- We are working hard to develop software output per hour is a willingness to discharge ried out by the Business Software Alliance, that makes computers even easier to use— or retrain workers that the newer tech- an organization representing most of the na- next year we aim to spend some $3 billion on nologies have rendered redundant. Countries tion’s largest software developers. The study research and development. And one day in with less flexible labor markets than the will be released tomorrow, and I will ask the not too distant future, computers will be United States enjoys may have been inhib- that, when it is released, its entire contents able to see, listen and speak. At home or in ited in this regard. be entered into the record of this committee. the office, you’ll be able to control your PC Another hypothesis is that regulations, The results of the BSA study once again by talking to it. It will automatically back systems of corporate governance, trade re- confirm that the unexpectedly strong eco- up your information, update its own soft- strictions, and government subsidies have nomic growth this country is experiencing ware and synchronize itself with your de- prevented competition from being suffi- can, in large measure, be traced to the vi- vices on your home network. You’ll even ciently keen to induce firms in Europe and brant, competitive and fast-growing com- have a notepad on your refrigerator that will Japan to take full advantage of the effi- puter technology industry. This sector has be up to date and allow you to coordinate ciencies offered by the latest advances in in- created more new jobs than any other part of with other information at home, at your of- formation technology and other innovations. the economy. In fact, we can predict today fice or at your children’s school. Further investigation will be necessary to that by the year 2000, the software industry’s When Congress is in session, a wireless net- evaluate the importance of these possible in- contribution to the U.S. economy will be work will keep you in touch with your office. fluences. But at this stage, one lesson seems greater than the contribution of any other I don’t need to tell the members of this com- reasonably clear. As we contemplate the ap- manufacturing industry in America—an ex- mittee how important mobility is as you propriate public policies for an economy extraordinary achievement for an industry move between your state or district and the periencing rapid technology advancement, that is less than 30 years old. nation’s capital. As technology becomes we should strive to maintain the flexibility Today, America not only sells more cars more flexible and more powerful, it can be a of our labor and capital markets that has than Japan. We also lead the world—by a tremendous tool in terms of creating effi- spurred the continuous replacement of cap- wide margin—in software development. Last ciency and instant communication. ital facilities embodying older technologies year this sector grew more than 15%, and is The PC also holds the potential to make with facilities reflecting the newest innova- growing at nearly four times the rate of the government more efficient and more respon- tions. Further reducing regulatory impedi- economy as a whole. The software industry sive. We already see the beginning of this ments to competition, will, of course, add to contributed more than a $13 billion surplus with government web sites that offer people this process. The newer technologies have to the U.S. balance of trade, and this will a wealth of information and resources. As widened the potential for economic well- rise to roughly $20 billion next year. A government increasingly incorporates tech- being. Governments should seek to foster strong technology sector has spurred the re- nology into its operations it will make infor- that potential. newal of industries old and new across Amer- mation flow even more open and efficient. At ica. Microsoft, our use of technology has all but PREPARED TESTIMONY FROM BILL GATES OF Moreover, new technology companies are eliminated paper flow, and I can tell you MICROSOFT being created every day, and are generating from first-hand experience that’s a wonderful (Testimony from June 15, 1999) incredible valuations overnight. The slew of thing. Technology also offers an opportunity Thank you Mr. Chairman and Members of recent mergers reminds us just how quickly to get the public more involved and, some Congress. It is an honor to be here. Mr. the landscape of the high tech marketplace day, perhaps, to engage people in a two-way Chairman, I know that we are joined today is changing. That change will continue. In dialogue on the important issues and chal- by a number of students. I’d like to extend this industry in particular, the free market lenges we face. The continuing rapid growth my greetings to them—and also to note how is working, and working well. in the Internet will help power this informa- different things are today than when I was in Mr. Chairman, I believe that in Wash- tion revolution, just as the proliferation of school. Today, students have access to pow- ington, DC., there is a term for people who new devices will help make the Internet erful personal computing devices and a sea of are incredibly interested in public policy. more useful and accessible to everyone. information through the Internet that I They are known as policy wonks. Well, in my Five years ago, who would have imagined could only dream of when I was a teenager. industry, these people are called computer that people would now be shopping for auto- We truly live in an amazing time. The infor- geeks, and I’d have to say that I am one. If mobiles, home loans, airline tickets or cloth- mation age is an era of new possibilities for you will indulge me for a few moments ing on the Web? Electronic commerce has in- us, for our children, and for the entire na- longer, I’d like to share some of my enthu- creased tenfold in the last few years, making tion. siasm for what technology will mean for us it convenient for people to purchase almost It is the greatest time of innovation and in the future. I am very optimistic about anything, anytime, from anywhere. By 2002, change in history. In less than 25 years we what computer technology will mean for all nearly 50 million Americans will be shopping have seen the personal computer evolve from of us—and for the students who are joining online, spending almost half a trillion dol- a hobbyists’ toy to a tool many Americans us to day via satellite. lars on the Web. There is endless speculation can’t imagine being without. We have seen As technologies change, so does our mis- about which companies will be successful. its power double every 18 months, its price sion at Microsoft. For the past 20 years our The big winner will be consumers. fall and its importance grow at home, at vision was of a PC on every desktop and in They will see better prices, more choices, school and in every office. I know that many every home—a toll that anyone could use to more opportunities to do the things they of you on this Committee are technology en- get things done. And today, a majority of want to do. As Chairman Greenspan made thusiasts and appreciate this significance of American businesses and more than half of clear, companies have already seen enor- this change. U.S. households have a PC. Now we are mov- mous benefits from computer technology— As we learn more about how the informa- ing into a new era. The merging of tele- benefits that are now being multiplied by on- tion age is affecting us, the more we under- communications, computer technologies and line commerce. But there is much more to be stand its central role in creating the remark- consumer electronics with the world of the done. Like helping companies integrate their

VerDate jul 14 2003 14:17 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00105 Fmt 0686 Sfmt 0634 E:\BR99\S22JN9.003 S22JN9 June 22, 1999 CONGRESSIONAL RECORD—SENATE 13813 computing systems and create digital proc- summit. At Microsoft we make software. We to be used by other students so they esses to perceive and react to competitive make software for a simple reason—we want could understand this communication challenges and consumer needs. By doing to provide tools to make people’s lives bet- device. This act of kindness earned this, they will be able to extend the gains in ter. At Microsoft we’re excited about the fu- Woody many public accolades, leading productivity that are helping fuel our eco- ture—we’re excited about the tremendous nomic strength today. economic benefits of our industry, but we’re up to his 1993 nomination for ‘‘Educa- But turning this vision of the future into a more excited about helping every indi- tor of the Year.’’ reality will take another important invest- vidual—in business, in schools and in the Woody’s service and volunteerism ment in America investment in education. home—lead more productive lives. Thank permeated every aspect of his long ca- We cannot fill all of the jobs being created if you.∑ reer. Between organizing an annual we don’t make technology a key part of f slide show for graduating sixth-grad- every child’s education. ers, serving on both the Menasha Education in the digital age will offer tre- KATHERINE DUNHAM CELEBRATES school board as well as the City Coun- mendous promise. Learning will be more stu- HER NINETIETH BIRTHDAY cil, sitting on numerous other commu- dent-centered. Teachers, parents and stu- ∑ Mr. DURBIN. Mr. President, I rise nity boards, coaching local athletics, dents will work collaboratively, and students will be prepared for a technology workplace today to share with my colleagues a and volunteering for the Salvation with the opportunity to engage in lifelong story about a most remarkable woman Army, he served his community well. learning, At Microsoft we call this approach who is celebrating her ninetieth birth- Woody’s wife, Dale, worries that his the Connected Learning Community. Taking day. Her heroic existence embodies new retirement will keep him away education into the digital age is a challenge every element of a true American. from home even more because it will for all of us. Government at all levels, pub- Katherine Dunham is a studied an- allow him more time to volunteer. lic-private partnerships and philanthropic thropologist, a brilliant social worker, Though his daily presence as an edu- institutions will play critical roles in pre- an inspiring dancer and a historic ac- cator will be missed, we wish Woody all paring today’s students for tomorrow’s the best in his retirement.∑ workplace. tivist. She started her first dance Only 14% of teachers currently use the school in Chicago in 1931, and later be- f Internet as part of their instruction. We need came dance director for the Works ENTRY-EXIT CONTROL SYSTEM AT to make much more progress here. At first, Progress Administration’s Chicago the- CANADIAN BORDER people believed that the Internet was suit- ater project. In 1967 she founded a per- ∑ able only for quizzes or just learning about forming arts center for inner-city Mr. LEVIN. Mr. President, as an technology itself. Today, the educational youths in East St. Louis, Ill. original cosponsor of legislation to re- community knows that the Internet can be a One of her many accomplishments peal Section 110 of the Illegal Immigra- resource for allowing curious minds to learn came on the night of January 15, 1979, tion Reform and Immigrant Responsi- in new ways—about math, physics, philos- bility of 1996, I am pleased that this when she was presented with the Al- ophy, in fact about anything. A New York bill contains language to prevent traf- bert Schweitzer Music Award at New school superintendent attending one of edu- fic delays at the Canadian border. cational conferences we hold at Microsoft re- York’s Carnegie Hall. The significance Section 110, which was scheduled to cently explained that the PC and the Inter- of this award was underscored as three go into effect on September 30, 1998, net are encouraging students to do more generations of Katherine Dunham writing, more reading and less TV watching. would have required the Immigration dancers and musicians offered spectac- and Naturalization Service (INS) to As a result, ‘‘I don’t know’’ is fast becoming ular renditions of her marvelous work. ‘‘I don’t know yet.’’ document every alien’s arrival in and Exciting projects are underway to give stu- The dance and music roared, peppered departure from the United States dents the latest tools for learning. At Micro- with the rich flavor of American dance through an automated entry-exit con- soft, we are working on a pilot project at 500 mixed with the anthropological roots trol system. The Omnibus appropria- schools to provide laptops to each student. of African American heritage. tions act for FY1999 included a com- The results to date have been amazing in This kind and brave woman forged a promise provision I cosponsored to terms of increased learning. Many other path for less fortunate children, offer- companies and organizations are involved in delay Section 110 for 30 months. I stating the arts as an outlet to their mis- ed then that Section 110 should not be similar efforts, whether providing the latest fortunes. She gave of herself every- technology for learning or providing scholar- just delayed, but repealed, because the ships for math and science excellence. thing and asked little in return. Kath- cost of any such entry-exit system I’ve had an opportunity to learn a little erine Dunham was and remains a stel- would far exceed its benefits. The vote about how Birmingham Seaholm High lar addition to our rich American her- today replaces the requirements of School and Pittsburgh Super Computing itage. Section 110 with a feasibility study to Center College are using PC technology. Jun- I hope you will join me in wishing determine whether any such system iors at Birmingham Seaholm are using com- Ms. Dunham a very happy birthday.∑ could be developed without increasing puters in a very entrepreneurial fashion— they have built a cookie factory and next f congestion or border crossing delays. year plan to develop a micro robot that will A TRIBUTE TO FORREST ‘‘WOODY’’ Section 110, if applied to Canadian take cookies off the cooling rack. Students WEBER nationals would place an unnecessary in Pittsburgh are doing great work on im- burden on the hundreds of thousands of proving high speed networking performance ∑ Mr. KOHL. Mr. President, I rise to motorists who cross the border daily. and capabilities. These schools are to be you today to pay tribute to one of Wis- In 1996, over 116 million U.S. and Cana- commended for the work they’ve done to use consin’s finest educators, Forrest dian border crossers traveled by land to technology as an important tool in improv- ‘‘Woody’’ Weber. Woody recently re- the United States. Instituting a check ing education. I look forward to talking with tired after a distinguished career span- for each one of these border crossers some of the students who have been working ning 36 years. Focusing his talents in would create enormous delays at the with PCs. Unlike their parents, most of elementary schools, Woody proved in- whom learned about computers in adulthood, 250 points of entry, and would have an the information age is the only age these strumental in developing the young especially damaging impact on the students have known. Their success will de- lives of his students. businesses, trade, and tourism in pend on how well we teach them. Woody served children and their fam- Michigan and other northern border When you look at the phenomenal eco- ilies as a guidance counselor for 21 con- states. U.S. trade with Canada, our nomic growth produced by technology, and sistent years, during which time he largest trading partner, generates ap- the huge increase in demand for highly specialized in classroom and small proximately $1 billion of commerce and skilled knowledge workers, it is clear that group counseling. One of his most sub- tourism daily. Any loss of this revenue our ability to continue benefiting from tech- stantial accomplishments during this nology will largely depend on how well we would be devastating to my State. educate the next generation to take advan- time was addressing the needs of stu- This provision to repeal the Section tage of this new era. dents with cerebral palsy. Since many 110 requirements at land border and sea In closing, let sum up why I’m excited to of these students use ‘‘bliss boards’’ to ports is vital for Michigan commu- be here today and to be part of this hi-tech communicate, Woody developed a unit nities and businesses, and I am very

VerDate jul 14 2003 14:17 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00106 Fmt 0686 Sfmt 0634 E:\BR99\S22JN9.003 S22JN9 13814 CONGRESSIONAL RECORD—SENATE June 22, 1999 pleased that the Senate is addressing when you combine determination, ject, I had an amendment that I was this important issue.∑ courage and dignity. Dr. Swan put him- prepared to offer. Could I ask unani- f self through college and medical school mous consent that I be recognized at by working during the day. He often re- 9:30 for the purpose of offering an IN RECOGNITION OF MR. FRANK lated a story of an incident which amendment; if we could get agreement M. WADE strengthened his resolve to continue on on that perhaps? ∑ Mr. TORRICELLI. Mr. President, I this hard path to his goal of becoming Mr. LOTT. Mr. President, I think we rise today in recognition of Frank M. a doctor. One day, a white man called would be right back in the position in Wade as he celebrates his retirement as Dr. Swan ‘‘boy’’ and threw a cigarette the morning where we are now on the the Executive Director of the New Jer- butt on a floor he had just finished agriculture appropriations bill. There sey State Building and Construction mopping. Dr. Swan is said to have re- will be discussions between now and Trades Council. Frank has served in sponded, ‘‘Mister, I want to thank you. then to see if there is any other way we this capacity for the past ten years, I’ve been debating whether I should could approach this issue. If we do not and he has a long history of commit- leave this job for college and you just get something worked out, I believe ment to labor organizations in the convinced me I’ve got to do it so the the Senator would be entitled to get State of New Jersey. In fact, Frank has next time I see somebody like you, he recognition to offer an amendment. I been a cornerstone for labor rights in can’t call me boy.’’ have the impression that it would be New Jersey. It is a pleasure for me to Dr. Swan was able to ignore ugly difficult for us to do that at this time. be able to honor his accomplishments. slights and concentrate on what is Mr. President, so we can talk this Since he started as a member of the most important in life. Dr. Swan went through, I suggest the absence of a Iron Workers Local #480 in 1954, on to graduate from Howard University quorum. through his election as Executive Di- Medical School and practice medicine The PRESIDING OFFICER. The rector in 1989, Frank has fought hard to in Detroit. He was elected President of clerk will call the roll. protect the rights of working men and the National Medical Association and The assistant legislative clerk pro- women in New Jersey. His dedication the Detroit Medical Society, where he ceeded to call the roll. to the New Jersey State Building and led the effort to allow African-Amer- Mr. LOTT. Mr. President, I ask unan- Construction Trades Council, and to ican physicians to practice medicine at imous consent that the order for the labor causes in general, is widely the former Harper and Grace hospitals. quorum call be rescinded. known and admired throughout the Dr. Swan was also a longtime, active The PRESIDING OFFICER. Without State of New Jersey. member of the NAACP, helping found objection, it is so ordered. In addition to his position with the the Detroit NAACP’s Freedom Fund Mr. DASCHLE. Mr. President, the New Jersey Building and Construction Dinner which raises money annually distinguished majority leader has re- Trades Council, Frank has played a for its many worthwhile goals and is sponded to my unanimous consent re- very active role in strengthening the one of the largest gatherings in the quest. He and I have been consulting political and economic life of New Jer- country. about how to proceed over the last sey. He has served on a number of civic Mr. President, Dr. Swan was always hour. He has indicated to me that he is organizations including the New Jersey firm in principle and gentle in de- working with a number of his col- Society for Environmental, Economic meanor. He let his actions serve as an leagues and with staff to attempt to Development (NJSEED), the New Jer- example to others in the fight for fashion a way with which we might equality and civil rights. I was a great sey Employment Security Council, and proceed on the Patients’ Bill of Rights. personal fan of his. I know my Senate on the Advisory Committee on the Pre- He has indicated they will be con- colleagues join me in honoring Dr. vailing Wage Act. tinuing those discussions tonight. Swan on his life’s many outstanding Frank has never lost sight of the In the interest of moving that proc- achievements.∑ need to serve his community. Despite ess along and with some hope that we his responsibilities he has still found f could reach some agreement, I will the time for charitable causes. Deborah APPOINTMENT withdraw my unanimous consent re- Hospital Foundation is just one of the The PRESIDING OFFICER. The quest to be recognized. We will be on organizations that has benefitted from Chair, on behalf of the Vice President, the bill, and we will certainly be in- Frank’s involvement. pursuant to 22 U.S.C. 276h–276k, as clined to be as supportive of reaching So it gives me great pleasure to rec- amended, appoints the Senator from agreement as we can. Short of that, we ognize a leader of great stature in New Alabama (Mr. SESSIONS) as a member may want to offer additional amend- Jersey’s labor community, but also a of the Senate Delegation to the Mex- ments to the agriculture appropria- great friend. Through all our years to- ico-U.S. Interparliamentary Group tions bill tomorrow. We will have that gether, fighting for the cause of work- Meeting during the First Session of the discussion at another date. ing men and women, I have always 106th Congress, to be held in Savannah, In the interest of time and comity known Frank to stand on principle, Georgia, June 25–27, 1999. and accommodation, I will certainly loyalty, and hard work. While he may defer any additional request. f be leaving this post, I know I can al- The PRESIDING OFFICER. Without ways rely on him to hold true to that ORDERS FOR WEDNESDAY, JUNE objection, the majority leader’s re- standard in every endeavor he under- 23, 1999 quest is agreed to. takes.∑ Mr. LOTT. Mr. President, I ask unan- Mr. LOTT. I thank the Chair. I thank f imous consent that when the Senate Senator DASCHLE for that approach. We completes its business today, it stand will be working, and we will talk in a IN RECOGNITION OF DR. LIONEL in adjournment until 9:30 a.m. on few minutes. SWAN Wednesday, June 23. I further ask that f ∑ Mr. LEVIN. Mr. President, I rise to on Wednesday, immediately following honor a legendary figure in the civil the prayer, the Journal of proceedings PROGRAM rights movement in Michigan, Dr. Lio- be approved to date, the morning hour Mr. LOTT. Mr. President, the Senate nel Swan. Dr. Swan died last Wednes- be deemed to have expired, the time for will convene at 9:30 a.m. and imme- day at the age of 93, leaving behind a the two leaders be reserved for their diately resume consideration of the ag- reputation as an extraordinarily effec- use later in the day, and the Senate riculture appropriations bill. It is the tive leader in the struggle for civil immediately resume consideration of hope of the majority leader that the rights. the agriculture appropriations bill. Senate can consider agriculture-re- Dr. Swan was a living example of the Mr. DASCHLE. Mr. President, reserv- lated amendments during Wednesday’s great things that can be accomplished ing the right to object, and I won’t obsession of the Senate. All Senators can,

VerDate jul 14 2003 14:17 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00107 Fmt 0686 Sfmt 0634 E:\BR99\S22JN9.003 S22JN9 June 22, 1999 CONGRESSIONAL RECORD—SENATE 13815 therefore, expect rollcall votes Mr. LOTT. The Finance Committee week—to move these nominations throughout the session tomorrow as did report it out today. I did vote, through pretty quickly after reaching the Senate makes further progress on along with everybody else, for the nom- the calendar, barring complications the agriculture appropriations bill. ination. It will be on the calendar to- that do sometimes come up, of course. Once that is completed, of course, morrow. other issues may be considered, but we I had indicated I assumed that before f could consult with both sides of the we went out for the Fourth of July recess, which is a week from Friday, that aisle before we move to the next bill. ADJOURNMENT UNTIL 9:30 A.M. Mr. DASCHLE. Mr. President, if the would be taken up. It very well could TOMORROW majority leader will yield on just an- be taken up before then. But we have other question, today the Summers not gotten it on the calendar, and we Mr. LOTT. Mr. President, if there is nomination was reported out of the Fi- have not made a definite determina- no further business to come before the nance Committee unanimously. There tion as to when we will call it up. Senate, I now ask unanimous consent appears to be very strong bipartisan I assume other nominations will be that the Senate stand in adjournment support. Is there any intention on the on the calendar tomorrow from other under the previous order. part of the majority leader to address committees, and I hope we have the There being no objection, the Senate, that nomination sometime in the near same approach as we have had this at 6:50 p.m., adjourned until Wednes- future? year—including three nominations last day, June 23, 1999, at 9:30 a.m.

VerDate jul 14 2003 14:17 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00108 Fmt 0686 Sfmt 0634 E:\BR99\S22JN9.003 S22JN9 13816 CONGRESSIONAL RECORD—HOUSE June 22, 1999 HOUSE OF REPRESENTATIVES—Tuesday, June 22, 1999

The House met at 12:30 p.m. and was ties, with each party limited to 30 min- lock’s steadfast commitment to equal called to order by the Speaker pro tem- utes, and each Member, except the ma- opportunity. He would let no one turn pore (Mrs. MYRICK). jority leader, the minority leader, or him around. As the Texas State Comp- f the minority whip, limited to 5 min- troller, he was the first elected official utes. to enact an equal opportunity employ- DESIGNATION OF SPEAKER PRO The Chair recognizes the gentle- ment policy in his office. I can recall TEMPORE woman from Texas (Ms. JACKSON-LEE) the many times that Bullock shared The SPEAKER pro tempore laid be- for 3 minutes. political alliances with the late Bar- fore the House the following commu- f bara Jordan, the first black woman nication from the Speaker: elected to the Texas State Senate. Bul- TRIBUTE TO LATE TEXAS LIEU- WASHINGTON, DC, lock also and always looked beyond a June 22, 1999. TENANT GOVERNOR BOB BUL- person’s race or gender. To him, it was I hereby appoint the Honorable SUE WIL- LOCK only the person’s spirit and character KINS MYRICK to act as Speaker pro tempore Ms. JACKSON-LEE of Texas. Madam that mattered. He was also a friend of on this day. Speaker, whenever I fly home to Texas our first historically black State J. DENNIS HASTERT, Speaker of the House of Representatives. and my plane approaches the State of school in the State, one born out of Texas, I often hear the sound of rising segregation, Texas Southern Univer- f thunder drifting across our land. The sity. MESSAGE FROM THE SENATE rumble is and can be known as the As a mother of children who have A message from the Senate by Mr. echoes of Texans, past and present, grown up in the Texas school system, I Lundregan, one of its clerks, an- voicing their solid beliefs in individ- am also grateful for his successful ef- nounced that the Senate had passed uality, independence and State pride. forts to enhance the quality of Texas with amendments in which the concur- For the past few days, however, that education by implementing improve- rence of the House is requested, a bill thunder has been stilled, for the voices ments. As Lieutenant Governor in 1991, of the House of the following title: of all Texans have been silent in quiet Bullock helped pass a school plan that reverence for the passing of our former H.R. 1664. An act making emergency sup- encouraged wealthy school districts to plemental appropriations for military oper- Lieutenant Governor Bob Bullock, a share their money with districts less ations, refugee relief, and humanitarian as- great Texan and a great American. fortunate. sistance relating to the conflict in Kosovo, After courageously fighting lung can- Yet it seems that Bob Bullock, like and for military operations in Southwest cer and heart disease, Bob Bullock all Texas heroes, transcends his mere Asia for the fiscal year ending September 30, passed away this past Friday. As we accomplishments. It is his character 1999, and for other purposes. Texans like to say, he fought a good that we will cherish and remember. The message also announced that the fight, but he simply ran out of time. Bob Bullock was a force. He had a fiery Senate insists upon its amendments to Bob Bullock’s long and proud legacy temper that could put even the hottest the bill (H.R. 1664) ‘‘An Act making of service to Texas stands as a striking Texas chili to shame, and he was as de- emergency supplemental appropria- and fitting monument. In addition to manding on his staff as he was on him- tions for military operations, refugee his post as Lieutenant Governor, Bul- self. Bob Bullock, however, won the po- relief, and humanitarian assistance re- lock served 16 years as State Comp- sition of Lieutenant Governor and he lating to the conflict in Kosovo, and troller. He also served Texas as the had the respect of all the Senators. for military operations in Southwest Secretary of State, as a member of the He was one who appreciated a good Asia for the fiscal year ending Sep- Texas House of Representatives, and as joke. Although I have not completed tember 30, 1999, and for other pur- an Assistant Attorney General. He my tribute to this great leader, this poses,’’ requests a conference with the truly loved public service and loved his great Texan, let me say, Madam Speak- House on the disagreeing votes of the State. From his early days as a Texas er, to his wife and to his children, we two Houses thereon, and appoints Mr. State Representative in 1956 to his have truly lost an American hero, a STEVENS, Mr. COCHRAN, Mr. SPECTER, final days as a retired Lieutenant Gov- Texas hero, but most of all we have Mr. DOMENICI, Mr. BOND, Mr. GORTON, ernor, Bob Bullock placed the interests lost a friend who cared and loved for Mr. MCCONNELL, Mr. BURNS, Mr. SHEL- of his State even before his own. He his fellow man and woman more than BY, Mr. GREGG, Mr. BENNETT, Mr. would often work when he was ailing, he cared for himself. CAMPBELL, Mr. CRAIG, Mrs. HUTCHISON, but he was committed to the values of Mr. KYL, Mr. BYRD, Mr. INOUYE, Mr. our State and of this country. God bless you, Bob Bullock, God HOLLINGS, Mr. LEAHY, Mr. LAUTENBERG, As Secretary of State he strove to at- bless America, and God bless Texas. Mr. HARKIN, Ms. MIKULSKI, Mr. REID, tain campaign and election law Whenever I fly home to Texas and my plane Mr. KOHL, Mrs. MURRAY, Mr. DORGAN, changes as well as voting rights for 18- approaches the Texas State line, I often hear Mrs. FEINSTEIN, and Mr. DURBIN, to be year-olds. Bullock headed the first con- the sound of rising thunder drifting across the the conferees on the part of the Senate. sumer protection division at the Attor- land. That rumble is the echoes of Texans, f ney General’s office as an Assistant At- past and present, voicing their solid beliefs in torney General. And while he was a individuality, independence, and State pride. MORNING HOUR DEBATES great admirer of history, particularly For the past few days, however, that thunder The SPEAKER pro tempore. Pursu- Texas history, Bob Bullock also knew has been still, for the voices of all Texans ant to the order of the House of Janu- the value of foreseeing the future, have been silent in quiet reverence for the ary 19, 1999, the Chair will now recog- something quite evident when he be- passing of former Lt. Gov. Bob Bullock. nize Members from lists submitted by came one of the first elected officials After courageously fighting lung cancer and the majority and minority leaders for to use computers in his office. heart disease, Bob Bullock passed away this morning hour debates. The Chair will Because I have known discrimina- past Friday. As we Texans like to say, he alternate recognition between the par- tion, I appreciate and applaud Bob Bul- fought a good fight. He simply ran out of time.

b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

VerDate jul 14 2003 14:20 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00001 Fmt 0688 Sfmt 9920 E:\BR99\H22JN9.000 H22JN9 June 22, 1999 CONGRESSIONAL RECORD—HOUSE 13817 Bob Bullock’s long and proud legacy of Bob Bullock learned early in his career that Energy Department officials took 35 service to Texas stands as a striking and fit- the good of the State often rose well above months to write a work order to re- ting monument. In addition to his post as Lieu- mere polities. When Governor George W. place a lock at a weapons lab facility tenant Governor, Bullock served 16 years as Bush first entered office, Bullock quickly containing sensitive nuclear informa- State Comptroller. He also served Texas as forged a friendship with the new Governor. tion. the Secretary of State, as a member of the Bob Bullock was keen enough to realize that Ordering security for mislabeled soft- Texas House of Representatives, and as an in-fighting with the Capitol could not help his ware took 24 months. Assistant Attorney General. And from his early State. He built a foundation for bipartisanship No one knows how many months days as a Texas State Representative in 1956 that now drives the State forward. passed before a security audit team dis- to his final days as a retired Lieutenant Gov- Bob Bullock now rests in the State Ceme- covered that the main telephone frame ernor, Bob Bullock placed the interests of his tery, which, ironically, now stands in renewed door at a weapons lab had been forced State even before his own. glory thanks to Bullock’s renovation efforts. open and the lock destroyed. As Secretary of State, he strove to attain This past Sunday, a crowd of mourners stood And lastly, correcting a mistake that campaign and election law changes, as well below the gray sky and said their quiet good- allowed secure telephone cryptographic as voting rights for 18 year-olds. Bullock head- byes. People from all walks of life attended, a materials to go improperly safeguarded ed the first consumer protection division at the tribute to Bullock’s ability to touch a great for 51 months. Texas attorney general’s office as an assistant cross-section of society. And although the en- But most damaging of all is the fol- attorney general. And while he was a great tire state claimed him, he loved his beloved lowing section of the Rudman report, admirer of history, particularly Texas history, Hillsboro and they loved and admired him. and let me read it: ‘‘Never have the Bob Bullock also knew the value of foreseeing Like all Texas heroes, Bob Bullock em- members of the special investigative the future, something quite evident when he braced the very ideal of Texas. His personality panel witnessed a bureaucratic culture became one of the first elected officials to use was tough, incendiary, yet compassionate. He so thoroughly saturated with cynicism computers at his office. was great, and he was grand. And for that, and disregard for authority. Never be- Because I have known discrimination, I ap- Texas embraced, and still embraces, him. fore has this panel found such a cava- preciate and applaud Bob Bullock’s steadfast To his wife Jan, his son and daughter, his lier attitude towards one of the most commitment to equal opportunity. As the stepdaughter, his grandson and all his other serious responsibilities in the Federal Texas State Comptroller, he was the first family members, we all lost a great Texan and Government, control of the design in- elected official to enact an equal opportunity a Great American, long may his legacy be re- formation relating to nuclear weapons. employment policy in his office. I can recall membered. Never before has the panel found an many times where Bullock shared political alli- f agency with a bureaucratic insolence ances with the late Barbara Jordan, the first RELEASE OF RUDMAN REPORT to dispute, delay and resist implemen- black woman elected to the Texas State Sen- The SPEAKER pro tempore. Under tation of a Presidential directive on se- ate. Bullock always looked beyond a person’s the Speaker’s announced policy of Jan- curity as DOE’s bureaucracy tried to race or gender. To him, it was only the per- uary 19, 1999, the gentleman from Flor- do on the President’s Decision Direc- tive No. 61 that was issued in February son’s spirit and character that mattered. He ida (Mr. STEARNS) is recognized during was also a friend of our first historically black morning hour debates for 5 minutes. of 1998.’’ State School in the State, one born out of seg- Mr. STEARNS. Madam Speaker, the This directive mandated new coun- regation—Texas Southern University. report of the President’s Foreign Intel- terintelligence measures at the labs, And as a mother whose children were a part ligence Advisory Board that criticized but the Advisory Board found that im- of the school system in Texas, I am also the state of security at the Department plementation of this directive suffered grateful for his successful efforts to enhance of Energy nuclear weapons laboratories from ‘‘bureaucratic foot-dragging and the quality of the Texas education system by and recommending certain structural even,’’ Madam Speaker, recalcitrance’’ implementing improvements. As Lieutenant reforms was released last week. This by DOE and lab officials. The report Governor in 1991, Bullock helped pass a advisory board was chaired by former further notes that, quote, ‘‘DOE and school plan that encouraged wealthy school Senator Warren Rudman and includes the weapons laboratories have a deeply districts to share their money with districts less detailees from the CIA, the FBI, and rooted culture of low regard for and at fortunate. the Department of Defense. The report times hostility to security issues, Yet, it seems that Bob Bullock, like all was titled, quote, Science at Its Best, which has continually frustrated the Texas heroes, transcends his mere accom- Security at Its Worst. efforts of its internal and external crit- plishments. It is his character that we will Even though the Clinton administra- ics,’’ end quote. cherish and remember. Bob Bullock was a tion has tried time and time again to The Rudman report makes two spe- force. He had a fiery temper that could put pass the buck on taking responsibility cific recommendations. The first is even the hottest Texas chili to shame, and he for the security failures and has at- that the DOE’s ‘‘weapon research and was as demanding on his staff as he was on tempted to place the blame on previous stockpile management function should himself. When Bullock won his position as administrations, a current administra- be placed wholly within a new semi- Lieutenant Governor, he took many Texas tion spokesman at the White House autonomous agency within the Depart- Senators to task, and soon the Senators who was intimately involved in the ment of Energy that has a clear mis- deemed his fiery and confrontational de- preparation of the report said the cur- sion, streamlined bureaucracy, dras- meanor as The Bullock Treatment. rent administration is more culpable tically simplified lines of authority As many know, however, in the midst of the than any since the Department of En- and accountability’’ and the agency’s Bullock storm stood a gentle calm. And it is ergy was created in 1977. The Rudman Director would report directly to the his great capacity for kindness and consider- report denounces the administration Energy Secretary. ation that most remember. Bob Bullock always for ignoring the Republican-proposed The second alternative recommenda- had an intense loyalty for his friends and loved reforms at the Energy Department tion was to create a wholly inde- ones. He was known for his corps of aides when it took office in 1993. pendent agency to handle the pre- composed of a vast mix of individual talents, Here are some of the findings from viously mentioned functions, and its a group he affectionately called ‘‘the world’s the Rudman report: One, an Energy De- Director would report directly to the largest group of born losers.’’ Through his be- partment employee was dead 11 months President. lief in their abilities, he found ways to optimize before officials realized four documents Unfortunately, I personally do not the skills and personalities of each person. with classified and restricted data were believe that a reorganization or a Perhaps because Bullock stood behind each still assigned to him. shake-up of the Department of Energy and every member of his staff, they, too, stood It took 45 months to fix a broken and how it handles nuclear secrets will behind him with determination and die-hard doorknob that was stuck in an open po- be sufficient in destroying the perva- loyalty. He also was always ready for a good sition, allowing access to sensitive nu- sive antiestablishment culture that ex- joke and a hearty laugh. clear information. ists in the Department and at the

VerDate jul 14 2003 14:20 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00002 Fmt 0688 Sfmt 0634 E:\BR99\H22JN9.000 H22JN9 13818 CONGRESSIONAL RECORD—HOUSE June 22, 1999 weapons lab as detailed by the Rudman My own mother worked in a sweat- again help improve working Ameri- report. Instead, I agree with the con- shop in New Haven, Connecticut, dur- can’s lives and set new directions for clusion of the Rudman report which ing the early part of this century, slav- this country. states that the Department of Energy ing over a sewing machine. She worked I thank the gentleman from Michi- is, quote, ‘‘incapable of reforming long days in awful conditions for only gan (Mr. BONIOR) for inviting me to itself, bureaucratically and culturally, pennies a dress. No one should ever join this morning. It is an honor to be in a lasting way even under an activist have to return to these days. here every day and every day in the Secretary,’’ end quote. But we do not need to refer to the fight to uphold American basic values. Therefore, Madam Speaker, the only history books to understand the need The fight is worth it, especially on be- way to protect our Nation’s nuclear for unions today. Organized labor is as half of American families. weapons is through the abolishment of relevant and as important today as f the Department of Energy itself and during those first organizing drives. We IF NOAH LIVED IN THE UNITED placing all of its offices in other Fed- do not have sweatshops on the same STATES TODAY eral agencies. I believe the manage- scale, and there are a litany of labor ment of our Nation’s nuclear weapons laws on the books, but attacks still The SPEAKER pro tempore (Mr. and all classified related functions of continue. Workers’ rights are eaten STEARNS). Under the Speaker’s an- the Department of Energy should be away at constantly. Employees are los- nounced policy of January 19, 1999, the transferred to the Department of De- ing leverage and their say in the work- gentlewoman from North Carolina fense. All other nonclassified functions place and in the larger community (Mrs. MYRICK) is recognized during morning hour debates for 5 minutes. should be transferred to a semi-inde- every day. Mrs. MYRICK. Mr. Speaker, this is pendent agency within the Department Over the past 3 years, with the bless- not original. It was sent to me by of Commerce. ing of the Republican majority, the someone else, but I thought it was very The bureaucratic stranglehold that business lobby has encouraged efforts apropos for our life today. It is called If has become the Department of Energy to cut enforcement of worker protec- Noah Lived in the United States has placed our Nation’s security at tion laws and blocked development of Today. risk, and the only way out of effec- programs to improve worker health And the Lord spoke to Noah and said, tively ending this ineptitude is through and worker safety. ‘‘In 1 year I’m going to make it rain the ending of the Department of En- I want to talk about a victory in the and cover the whole earth with water ergy. movement to organize that happened until all flesh is destroyed, but I want f last year in my own district, the Third you to save the righteous people and District of Connecticut, and honor the A DAY TO MAKE OUR VOICES two of every kind of living thing on the hard-working men and women who HEARD earth. Therefore I’m commanding you fought for that victory. Last spring, 230 to build an ark.’’ In a flash of lightning The SPEAKER pro tempore. Under employees at the New Haven Omni God delivered the specifications for an the Speaker’s announced policy of Jan- Hotel won the right to openly choose ark, and fear and trembling, Noah took uary 19, 1999, the gentlewoman from their own union. This was a victory the plans and agreed to build he ark. Connecticut (Ms. DELAURO) is recog- over the hotel’s long-standing insist- ‘‘Remember,’’ said the Lord, ‘‘you nized during morning hour debates for ence on a secret ballot election. In a must complete the ark and bring ev- 4 minutes. fight for the basic right to choose their erything aboard in 1 year.’’ Ms. DELAURO. Madam Speaker, I own union, the employees were sup- Well, exactly 1 year later fierce want to take a moment to thank the ported by elected leaders such as my- storm clouds covered the earth, and all gentleman from Michigan (Mr. BONIOR) self, local clergy, academics, students the seas of the earth went into tumult. for helping to organize today’s morning and civil rights groups. The Lord saw that Noah was sitting in hour. This week Americans will honor b 1245 his front yard weeping. ‘‘Noah,’’ he working men and women who help oth- shouted, ‘‘Where is the ark? Lord, ers to organize, who help people take These groups held hearings, they met please forgive me,’’ cried Noah ‘‘I did those first difficult steps toward form- with hotel managers, and they even my best, but there were big problems. ing a union that protects their right to threatened to boycott the hotel. Such ‘‘First, I had to get a permit for con- a livable wage, affordable health care, support should be the rule, not the ex- struction, and your plans did not meet a secure retirement and a safe work- ception, but sadly it is not. According the codes. I had to hire an engineering place. to a Cornell University study, one in firm to redraw the plans. Then I got United employees are a powerful bal- four employees who are active in union into a fight with OSHA over whether or ancing force against runaway cor- campaigns are fired each year for exer- not the ark needed a fire sprinkler sys- porate power. United employees win cising their right to choose a union. tem and floatation devices. better working conditions, pay and Ninety-one percent of employers, when ‘‘Then my neighbor objected, claim- benefits for all workers, not just those they learn that their workers want to ing I was violating zoning ordinances who belong to unions. form a union, force employees to at- by building the ark in my front yard, I have always been unapologetic tend closed-door meetings, to listen to so I had to get a variance from the city about working arm in arm with Ameri- anti-union propaganda, and once they planning commission. Then I had prob- cans who fight for the values that have organized, working men and lems getting enough wood for the ark make this Nation great: respect, fair- women still have to fight for basic because there was a ban on cutting ness, security and an opportunity to rights. At the Stratford Army Engine trees to protect the spotted owl. I fi- give our families a brighter future. As Plant, Yale and Sikorski employees nally convinced the US Forest Service we all know, today’s battles are infused have had to fight for livable wages, that I needed the wood to save the with these values. health care, and adequate retirement owls. We have come a long way since the policies. These are not only assaults on ‘‘However, the Fish and Wildlife days when the United States did not unions, they are assaults on the integ- Service won’t let me catch any owls, so know the meaning of employee rights. rity of our communities. no owls. The carpenters formed a union We have a labor movement to thank. Since the beginning, working men and went on strike. I had to negotiate Unions fought to free their members and women have fought for the values a settlement with the National Labor from back-breaking labor, unsafe con- that make this Nation great, equality, Relations Board before anyone would ditions and from low wages. Unions fairness, security, and an opportunity pick up a saw or a hammer. fought for basic rights. Many a union to give one’s family a bright future. ‘‘Now I have 16 carpenters on the ark, worker gave their lives for these gains The battle has not been easy, but to- but still no owls. When I started round- and these principles. gether we will turn the tide and once ing up the other animals, I got sued by

VerDate jul 14 2003 14:20 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00003 Fmt 0688 Sfmt 0634 E:\BR99\H22JN9.000 H22JN9 June 22, 1999 CONGRESSIONAL RECORD—HOUSE 13819 an animal rights group. They objected fight not only for a minimum wage, the chairman of the Democrat Congres- to me only taking two of each kind of but for a livable wage. I will continue sional Committee was whipping his animal aboard. Just when I got the suit to demand international trade agree- troops into line saying that this is a dismissed the EPA notified me that I ments that create more American jobs, great time for gun control legislation could not complete the ark without fil- not lose them, and I will stand with my to be presented to the House because it ing an environmental impact state- friends in the labor movement against will be good for politics in the next ment on your proposed flood. any and all initiatives designed to com- election. I think that is shameful. We ‘‘They didn’t take very kindly to the promise workers’ safety, worker rights, should not take advantage of this kind idea that they had no jurisdiction over or worker benefits. of a tragedy for political purposes. the conduct of the Creator of the uni- The history of the U.S. labor move- I did not engage in the debate last verse. Then the Army Engineers de- ment is a strong and proud one. Orga- week when we were dealing with this manded a map of the proposed new nized labor embodies what is best in because I did not feel we were doing flood plain. So I sent them a globe. our constitution, namely our First anything that was really very mean- Right now I’m trying to resolve a com- Amendment freedoms of speech and as- ingful. Demagoguery flowed from both plaint filed with the Equal Employ- sociation. But the Constitution only sides like water, and nothing much was ment Opportunity Commission that protects these freedoms. It has been really accomplished, and as the various I’m practicing discrimination by not the courage and determination of amendments came up, I kept asking taking Godless or unbelieving people working women and men that have myself would this have done anything on board. been the engine of social progress in the Columbine case if this amend- ‘‘The IRS has seized my assets claim- throughout this century. ment had been law, and most cases, ing I’m building an ark in preparation The fact is nobody ever handed a sadly I have to say absolutely not. working person the American dream. to flee the country to avoid taxes. I Recently I heard a Paul Harvey Job security, a living wage, the right just got a notice from the State that I broadcast which I think maybe opens to collective bargaining, these are owe them some kind of tax and that I up the perspective on the Columbine things which were fought for. The ben- failed to register the ark as a rec- High School situation, and I would like efits gained for the courage and blood reational watercraft. to share that with my colleagues this of organized labor are now common- ‘‘Finally, the ACLU got the courts to morning: place among most American work- issue an injunction against further If only the parents had kept their children construction of the ark saying that places. It is important to recognize that without the labor movement there away from the guns, we wouldn’t have had since God is flooding the earth it is a such a tragedy. Yeah, it must have been the would be no minimum wage, there religious event and therefore unconsti- guns. It couldn’t have been because of half of tutional. I really don’t think I can fin- would be no safety standards in the our children being raised in broken homes. It ish the ark for another 5 or 6 years,’’ workplace, there would be no pensions couldn’t have been because our children get Noah wailed. or worker health plans. If it were not to spend an average of 30 seconds in mean- The sky began to clear and the sun for organized labor, workers would ingful conversation with their parents each day. After all, we give our children quality began to shine and the seas began to have no rights, and that is a fact. Organized labor continues to push for time. calm. A rainbow arched across the sky, real issues important to real working It couldn’t have been because we treat our and Noah looked up hopefully. ‘‘You people, and I urge working people children as pets and our pets as children. It mean you’re not going to destroy the across this country to keep organizing couldn’t have been because we place our chil- earth, Lord?’’ and to keep advocating. We can never dren in the day care centers where they learn their socialization skills among their ‘‘No,’’ the Lord said sadly, ‘‘I don’t allow our country to become a society have to. The government already has.’’ peers under the law of the jungle while em- where a privileged few enjoy all the ployees, who have no vested interest in the f benefits of the many who work. We children, look on and make sure that no PROUD AND STRONG SUPPORTER must continue to work together in the blood is spilled. OF ORGANIZED LABOR next century to advance our issues, to It couldn’t have been because we allow our pass meaningful labor legislation, and children to watch an average of 7 hours of The SPEAKER pro tempore. Under to continue to move forward toward a television a day filled with the glorification the Speaker’s announced policy of Jan- society which reflects the principles of of sex and violence that isn’t fit for adult uary 19, 1999, the gentleman from Mas- social and legal justice for all, but this consumption. It couldn’t have been because sachusetts (Mr. MCGOVERN) is recog- we allow our children to enter into the vir- will only happen through continued nized during morning hour debates for tual worlds in which, to win the game, one grassroots organization by dedicated 5 minutes. must kill as many opponents as possible in working men and women. Mr. MCGOVERN. Mr. Speaker, I the most sadistic way possible. would like to thank my distinguished f It couldn’t have been because our children, who historically have been seen as a blessing colleague, the gentleman from Michi- PAUL HARVEY ON GUN CONTROL from God, are now being viewed as either a gan (Mr. BONIOR) for his leadership on The SPEAKER pro tempore (Mrs. mistake created when contraception fails or labor issues on behalf of working fami- MYRICK). Under the Speaker’s an- inconveniences that parents try to raise in lies throughout this country, and I nounced policy of January 19, 1999, the their spare time. would like to commend my friends at gentleman from Colorado (Mr. HEFLEY) It couldn’t have been because our Nation is the AFL–CIO for organizing the seven is recognized during morning hour de- the world leader in developing a culture of death in which 20 million to 30 million babies days in June activities. This week bates for 5 minutes. there are over 110 organized labor ral- have been killed by abortion. It couldn’t Mr. HEFLEY. Madam Speaker, on have been because we give 2-year prison sen- lies taking place across the Nation as a Tuesday, April 20 of this year a terrible tences to teenagers who kill their newborns. result of their hard work. tragedy occurred at Columbine High It couldn’t have been because our school Mr. Speaker, let me begin by saying School in Colorado, and I do not rep- systems teach the children that they are loud and clear that I am a proud and resent Columbine High School. Now I nothing but glorified apes who have strong supporter of organized labor in do not represent Columbine High evolutionized out of some primordial soup of this country. I am proud to stand with School. I represent some Littleton ad- mud by teaching evolution is fact and by the hard-working men and women who dresses, and I am close to Columbine, handing out condoms as if they were candy. make up the labor movement in Amer- but I do not exactly represent it, but I It couldn’t have been because we teach our ica. I am committed to fighting for a children that there are no laws of morality took this tragedy very, very person- that transcend us, that everything is rel- middle-class workforce where workers ally. It is something that I think all of ative and that actions do not have con- can comfortably support a family and us have a difficult time getting over. sequences. What the heck, the President gets not worry about losing their jobs, and On Wednesday, April 21, 1 day, 1 day away with it. No, it must have been the I will continue to urge this Congress to after the tragedy, as I understand it, guns.

VerDate jul 14 2003 14:20 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00004 Fmt 0688 Sfmt 0634 E:\BR99\H22JN9.000 H22JN9 13820 CONGRESSIONAL RECORD—HOUSE June 22, 1999 I think Paul Harvey’s statement il- b 1300 to the back of the car. My dad joined lustrates the corruption that has per- I am glad to be part of a Democratic the culinary union and landed a job as meated our society that leads to things Party which supports working men and a waiter at the old Sands Hotel on the like Columbine. No amount of gun leg- women. Las Vegas strip. That union job was islation will solve the problems in our the greatest break my family ever re- society. The answers are complex, and f ceived. It opened the doors to oppor- they are multi-faceted. There is no WELCOME TO REVEREND STEVEN tunity for all of us. quick fix. It is time that we looked at L. WOLVERTON I am the first person in my family to the roots of our problems and not just go to college. I worked my way The SPEAKER pro tempore (Mrs. at the surface symptoms. through college and law school. I MYRICK). Under the Speaker’s an- waitressed at the Sands Hotel, ran nounced policy of January 19, 1999, the f keno at the Desert Inn, and cocktail gentleman from Maryland (Mr. ERLICH) waitressed at the Hacienda, the is recognized during morning hour de- Aladdin and Holiday Casino, all on the VALUE OF THE UNIONS bates for 5 minutes. Las Vegas strip. Each of these union The SPEAKER pro tempore. Under Mr. EHRLICH. Madam Speaker, it jobs contributed to my ability to put the Speaker’s announced policy of Jan- gives me great pleasure to introduce myself through college and law school. uary 19, 1999, the gentleman from Ohio you to the Reverend Steven L. Let me tell my colleagues, I am just (Mr. KUCINICH) is recognized during Wolverton, who served as my Legisla- one of hundreds of thousands of fellow morning hour debates for 2 minutes. tive Fellow in my congressional office Nevadans who have benefited from the Mr. KUCINICH. Madam Speaker, in 1997. Steve is in the gallery to the positive influence of organized labor in Madam Speaker, my father, Frank right, and I welcome him to the House my town. Almost without exception, Kucinich, senior, was a truck driver of Representatives here today. He is an the major employers of the thriving re- and he drove a truck for 35 years, and electrical engineer with the Federal sort industry in Las Vegas have recog- he was proud of the work that he did, Government, as well as a youth pastor nized that their industry and the entire and he was also proud to be a member at Lee Street Memorial Baptist Church city has grown strong because of good of Local 407 of the Teamsters Union. in Baltimore, Maryland. wages and good working conditions I grew up with a heritage of believing Steve and his wife, Vicki, lead a dy- that good labor contracts have created. in the importance of people belonging namic, growing youth ministry in The prosperity of Las Vegas, built by to an organized labor group, and as I south Baltimore called LifeChangers, the strong minds and backs of working was growing up, I saw how my father which is dedicated to establishing role men and women, can serve as a model would attend union meetings. And I models and positive life opportunities for other parts of the country. would have the occasion to go with him for inner-city youth. More recently he First and foremost, trade unions to some of those meetings. And I heard is working with a Baltimore business- build strong families. America needs people talk about their desire for a bet- man to renovate an old department families earning a decent living, wages ter wage, not just for themselves, but store and establish a private evan- good enough to afford that home, that for their families. I heard people talk gelical Christian school in the southern car, and an education for their chil- about the desire for improved health Baltimore peninsula. I commend him dren. That is how we grow the Amer- care benefits, not just for themselves, on the investment he is making on be- ican economy. but for their families. half of the young people of Baltimore Madam Speaker, I want our workers I heard people talk about retirement City. to have jobs free from the threats of security, not just for themselves, but Steve is a strong believer in serving raids on our family leave and our medical leave, free from raids on Social Se- for their families, and so what I saw in God and his country, and it is my privi- curity and Medicare, and free from growing up in Cleveland, Ohio was men lege to welcome him to the floor of the raids on the right of every worker to and women coming together to try to United States House of Representa- collective bargaining. This country is improve not only their lot but the lot tives. Thank you, Steve, for your in- better off for a 5-day work week, over- of their families. spiring life, and welcome. time pay, paid holidays and vacations, All across this country, working men f health insurance, child labor laws, and and women are going to work every a minimum wage, all won by organized day with the intention of building a CELEBRATING ORGANIZED LABOR labor. Organized labor is vital to the better quality of life, and the only way FOR AMERICA well-being of our country, our families, they can do that is to stay united, and The SPEAKER pro tempore. Under and our communities. It makes a posi- that is what unions are all about. In the Speaker’s announced policy of Jan- tive difference for all of us, and that is unity there is strength. And across this uary 19, 1999, the gentlewoman from why, that is why I join in this week’s country, men and women have been Nevada (Ms. BERKLEY) is recognized celebration of organized labor. able to have a better wage level and be- during morning hour debates for 4 min- cause of that have helped to assure utes. f higher wages in the nonorganized sec- Ms. BERKLEY. Madam Speaker, I COST OF GOVERNMENT DAY tor. rise today in tribute to America’s The SPEAKER pro tempore. Under Across this country, men and women working men and women. I come from the Speaker’s announced policy of Jan- have been able to have better health a working family. I come from a union uary 19, 1999, the gentleman from Ari- benefits, better retirement benefits be- family. I know what it is like to worry zona (Mr. HAYWORTH) is recognized dur- cause they have united, and that is whether one’s paycheck is going to ing morning hour debates for 5 min- something that is profoundly Amer- stretch to the next one. I know what it utes. ican. We have communicated to the is like to be laid off. Mr. HAYWORTH. Madam Speaker, I world this idea that in unity there is I strongly support organized labor be- rise today on behalf of working Ameri- strength, and through working men cause my father was able to put a roof cans and every American, because we and women organizing we have dem- over our heads, clothes on our backs, a have reached a milestone on the cal- onstrated that even the humblest per- good car in our garage, food on our endar. Today, June 22, 1999, ranks as son should have an opportunity to have table, and two daughters through col- Cost of Government Day. a position at the table of great power lege and law school because of the Now, it is true that yesterday, with and that the humblest person in join- union wages he earned in Las Vegas. the summer solstice gave us our longing with others can have some control Madam Speaker, 37 years ago my est period of daylight, the longest day over his or her destiny and over his or family arrived in Las Vegas with all of of the year, but, Madam Speaker, I be- her quality of life. our possessions in a U-Haul hooked up lieve all Americans, especially those

VerDate jul 14 2003 14:20 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00005 Fmt 0688 Sfmt 0634 E:\BR99\H22JN9.000 H22JN9 June 22, 1999 CONGRESSIONAL RECORD—HOUSE 13821 who work so hard to feed their fami- What we say with the Congressional employers. The laws designed to pro- lies, need to know that today marks Responsibility Act is quite simple. tect the freedom to form a union are the day, 170-plus days into the calendar Those regulatory agencies can con- failing, and the penalties for ignoring year, when Americans can finally go to tinue to promulgate and formulate reg- them are too small to be a deterrent. work for their families instead of pay- ulations, but, Madam Speaker, men This is not a level playing field, and ing the cost of our bloated bureaucracy and women of goodwill from both sides it is well past the time that we restore and government. of the aisle, constitutionally elected by some measure of balance to the sys- What does it mean to working fami- their constituents, are sent to Wash- tem. lies, Madam Speaker? What does it ington to make tough choices, and Madam Speaker, we talk a good deal mean to every American? Well, simply what the Congressional Responsibility in this Chamber about how we might this: According to Americans for Tax Act would simply do would be to say improve the lives of American families. Reform, Madam Speaker, Federal regu- this: Once a regulation is promulgated, I suggest that one specific way in lations during 1998 cost American tax- have it sent to the Congress for an up which we can do that is to allow for payers over $1 trillion. That translates or down vote. That way, Madam Speak- American workers who so choose to to over $3,800 for every man, woman er, accountability, responsibility, au- join a union. It can make a significant and child this year. Americans for Tax thority is restored where our Founders difference in the ability of those work- Reform estimates that working Amer- wanted it to be: with those elected to ers to provide for their families. ican will work in excess of 1 month, al- the Congress of the United States, with Recently in my district, 24 employees most 40 days, in excess of 38 days, to those who are accountable to the peo- of a small enterprise that made parts pay for regulatory costs. ple. for engines being produced by the Gen- Madam Speaker, that is why today I Madam Speaker, I ask all of my col- eral Electric facility in Lynn signed am pleased to come to the floor to an- leagues to join Senator BROWNBACK, cards to join a union. An overwhelming nounce that I will reintroduce on this, the gentleman from Ohio (Mr. NEY) and majority wanted that right. They had the Cost of Government Day, the Con- me in sponsoring and voting for the been earning $6.10 an hour, and union- gressional Responsibility Act. It is Congressional Responsibility Act. ized employees doing the same work being sponsored in the other body by were making $14 to $18 an hour. my good friend, the senior Senator f Segments of the community, includ- from Kansas Mr. BROWNBACK. The Con- AMERICANS’ RIGHT TO ORGANIZE: ing me, contacted the owner of that gressional Responsibility Act requires GOOD FOR AMERICA company, Metal Improvements, and that new Federal regulations cannot The SPEAKER pro tempore. Under urged that it respect the desires of the take effect until Congress approves the Speaker’s announced policy of Jan- workers and sit down at the bargaining them and the President signs them, or uary 19, 1999, the gentleman from Mas- table in good faith. I am happy to re- until his veto is overridden. sachusetts (Mr. TIERNEY) is recognized Madam Speaker, in the weight of this port that that was done. Unfortu- during morning hour debates for 3 min- compelling, overwhelming evidence nately, in too many other instances, utes. that our government has grown too management mounts an endless series Mr. TIERNEY. Madam Speaker, I large and costs working Americans too of challenges to the workers’ rights to rise today to thank my colleague, the much, I say it is important to restore organize. The results can be bitterness gentleman from Michigan (Mr. BONIOR) what our Constitution said and our and divisiveness that undermine pro- and others who have come before us to Founders, following the beautiful Pre- ductivity. talk about the right of American men amble which serves as more than just a Madam Speaker, unions not only and women to organize; certainly, the mission statement for our United serve their members well, they serve right to decide whether or not they States; in our Constitution, the very the broader interests of our society. blueprint of our Republic, says this: choose to organize to be represented in When social service workers who care Article I, section 1. All legislative pow- the workplace to determine what their for the elderly and the mentally ill and ers herein granted shall be vested in a wages might be, what benefits they the mentally retarded earn only $7 or Congress of the United States. might get, what the safety factors at $8 or $9 with little or no pension or In other words, Madam Speaker, all work might be, what hours they might health care, as many do in my district, lawmaking authority. But as histo- work, all of those things that many of they are often forced to work two or rians look back upon the 20th century, us have become used to understanding three jobs a day just to make ends Madam Speaker, they will talk about as a valid exercise in the workplace. meet. Their ability to do just one job the unintended rise of, in essence, a Madam Speaker, 74 percent of the well suffers. Turnover is high, and the fourth branch of government, the regu- American people believe that workers quality of care is diminished. latory branch, because to deal with should be able to decide whether they Madam Speaker, by joining a union, emerging industries, to deal with try- want to join a union, and they should these workers can raise their standard ing to control so many sectors of our be able to make that decision without of living, and they ought to be able to economy, the Congress ceded, dele- interference by management. People have that right to make that decision. gated its authority to an alphabet soup support a fair and open process that al- f of acronymed agencies in the executive lows for equal access and equal time, FREEDOM TO CHOOSE A VOICE AT branch, where, Madam Speaker, for any discussion of what it means to WORK unelected, unaccountable Washington join a union. And, they support a deci- bureaucrats, in essence, make law. sion-making process that reaches a The SPEAKER pro tempore. Under Madam Speaker, a personal indul- timely conclusion on that issue. That the Speaker’s announced policy of Jan- gence. J.D. in my name does not stand means that when workers vote freely uary 19, 1999, the gentleman from for juris doctor. I am not a lawyer; I to join a union, that decision is hon- Michigan (Mr. BONIOR) is recognized never played one on TV. That is consid- ored and accepted by management. during morning hour debates for 5 min- ered an asset in Arizona. But one need The reality, unfortunately, is far dif- utes. not be a lawyer to recognize that when ferent. Threats, intimidation and har- Mr. BONIOR. Madam Speaker, earlier Washington bureaucrats make law, the assment are all too commonly used this year a number of us heard some unelected, the unaccountable suddenly against those who seek to form a powerful, real-life stories and experi- have great power in our society, to the union. In nearly one-third of all orga- ences of workers from North Carolina point now where we work 170-plus days nizing drives, one or more workers are and Las Vegas, Nevada, who were try- every year just to pay for the cost of fired illegally. If workers are able to ing to organize. Their stories are the government; where all Americans work overcome those obstacles and form a stories of millions of working men and in excess of 1 month, in excess of 38 union, the system allows for endless women who want a stronger voice in days to pay for regulations. legal challenges and stonewalling by our workplace. Their stories are about

VerDate jul 14 2003 14:20 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00006 Fmt 0688 Sfmt 0634 E:\BR99\H22JN9.000 H22JN9 13822 CONGRESSIONAL RECORD—HOUSE June 22, 1999 improving lives and building better With all these cards that are stacked I thank my colleagues who have communities. They are stories that against the workers, how do they win? come to speak on this and who have need to be told across this country. All First and foremost, it comes from deep spoken. I ask my other colleagues to of us need to hear the challenges work- down. It comes from a resolve and a join us in these 7 days in June. ers face when they choose to organize. commitment to be treated with dignity f When the American public learns and with respect. SEVEN DAYS IN JUNE about the tactics that employers use, It also comes from raising awareness, threats of losing their job, verbal and from building coalitions with the reli- The SPEAKER pro tempore (Ms. sexual harassment and mandatory gious community, the civic commu- MYRICK). Under the Speaker’s an- antiunion meetings, they overwhelm- nities, with political leaders, and from nounced policy of January 19, 1999, the ingly, overwhelmingly support the building a stronger community in gen- gentlewoman from Illinois (Ms. freedom to choose a voice at work. eral. SCHAKOWSKY) is recognized during That is why the AFL–CIO has launched For those of us who care deeply morning hour debates for 3 minutes. the ‘‘Seven Days In June,’’ a week-long about working families and strength- Ms. SCHAKOWSKY. Madam Speaker, series of community forums and rallies ening our community, we have a re- I want to thank the gentleman from and demonstrations all across this sponsibility and indeed an obligation Michigan (Mr. BONIOR) for organizing country. to lend our voices to workers who have this discussion in support of Seven From the June 19 to June 25, we will chosen to organize. I know some who Days in June, June 7 to 25. This is a hear more and more of these stories. have joined the gentleman from Penn- week celebrating union organizing vic- There will be more than 120 activities sylvania (Mr. PALLONE) and myself re- tories, and recognizing the importance in 36 States, activities which started cently in sending a letter to A&P food- of giving workers the freedom to last Saturday with our colleague, the stores simply to allow strawberry choose a voice at work. gentlewoman from California (Ms. workers the choice to organize. I thank I am a proud member of UNITE, the SANCHEZ) holding a community forum Members for that. needle trades union. I am proud of the in Orange County, California. For those who are unaware of the sit- accomplishments the union movement uation, the California strawberry in- has won. Unions brought us the 40-hour b 1315 dustry is booming with the annual work week, workers compensation, Bringing dignity to the workplace is sales of $650 million. Yet, workers overtime compensation, and the end of not easy, but it can and is being done. stoop to pick the berries for at least 12 child labor in this country. In fact, on the 27th of February of this hours a day and earn only $8,500 a sea- Union members on average earn 32 year, 75,000 home care workers in Los son. Last spring the Wall Street Jour- percent more than other workers. They Angeles won the largest organizing vic- nal reported shocking sanitation condi- are more likely to receive health insur- tory in 60 years when they voted to tions at these farms, where workers ance and pension benefits from their join the Service Employees Inter- have insufficient drinking water, squal- employers. national Union. This was a tremendous id restrooms, where workers have not More importantly, they have pro- victory, but it did not happen over- been paid for overtime for 4 years, and vided an organized voice for workers night. It was the culmination of 10 where there is widespread sexual har- who have used that voice to make im- years of hard work, of building a broad- assment against female employees. provements in productivity, workplace based coalition, of gaining the support To bring some semblance of dignity safety, and environmental conditions. of home care consumers and political to their workplace, the strawberry Today there is perhaps no greater leaders. workers simply want the ability to evidence of the need for workers to or- In the end, it was about bringing the choose their own representation, but ganize than the health care industry. community together, uniting families they have repeatedly faced attacks by The power of the for-profit health care behind the notion that those who take the industry, including plowing under industry has led to unwise cost-cutting care of our parents and our grand- the fields, and flying in sham workers that threatens not only the health and parents ought to have some basic to vote in union elections, just to financial security of health care work- worker rights: A decent wage, not $5 an break the union. They would plow the ers, but the patients they serve. hour, $6 an hour, $7 an hour like they fields under and import workers from Several years ago, two nurses in New are making today; safe working condi- other parts of the country, or other Jersey raised concerns about the effect tions, and adequate benefits. countries. of drive-through deliveries on mothers These kinds of victories are occur- This is the exact type of situation and infants, moms and babies being ring more and more. The doctors in our that deserves the support from elected sent home the same day of delivery. country are starting to organize unions leaders, and there are many more situ- One nurse, a union member, was because of their frustration with the ations just like that going on through- threatened with retaliation, but was health care system that will not let out this country. protected by her union. The other, an them practice what they have learned So raising our voices and standing unorganized worker, had no one to in- and took so long to learn in their stud- with the strawberry workers is one tervene on her behalf. ies. thing we can do to be helpful, but there Since then, Congress has passed a The graduate assistants teaching at are many more. During these 7 days in prohibition on drive-through deliv- universities and colleges all over the June, there are opportunities for all of eries, but without protection against country are now organizing, with great us to participate in activities which retaliation, how many health care victories recently occurring at the Uni- will help our families have the freedom workers will be willing to talk about versity of California. to choose a voice at work. dangerous conditions? We need to pass Workers are holding and winning I invite all of my colleagues to stand whistle-blower protections, but we also more union elections than in the pre- together with workers, clergy, commu- need to give health care workers the vious year, winning 51 percent of the nity leaders to highlight the hopes and opportunity to join a union if they time in 1998. That figure is particularly dreams of families who are seeking to want to. remarkable when we look at the tac- bring basic human compassion to their Health care workers all over the tics that employers use to squelch or- workplace, because when we do that, country are looking to unions to pro- ganizing drives: Firing pro union em- we not only build a better workplace tect them when they report problems. ployees, using intimidating and verbal for workers who are unionized, but for They are looking to unions to ensure harassment at the workplace, holding workers who are nonunionized. We set they have safe working conditions. closed-door one-on-one shakedown ses- the floor, we set the standard for them. This week in Chicago the AMA, the sions with workers, and spending mil- But beyond all of that, we build better American Medical Association, is lions on anti-union consultants. communities. meeting to talk about unionization so

VerDate jul 14 2003 14:20 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00007 Fmt 0688 Sfmt 0634 E:\BR99\H22JN9.000 H22JN9 June 22, 1999 CONGRESSIONAL RECORD—HOUSE 13823 physicians can have a strong voice in join unions, develop strategies to keep On welfare reform, the first real wel- negotiating with large HMOs that dic- unions from even getting a vote on fare reform in a generation is working tate the terms of patient care. whether workers want a union, in fact. so well that in my home State of Illi- Yet, when workers want to form a Show me a society where the right to nois we have now seen our welfare rolls union, they face tremendous obstruc- organize is in danger, and I will show cut in half. tions. The decks are stacked against Members a society without full democ- When it comes to taming the tax col- them. At the same time that the AMA racy. lector, we enacted a very fundamental was meeting in Chicago, respiratory What has our society come to? Wall change with IRS reform. If Members therapists from Vencor Hospital held a Street is bursting at the seams. We have ever been audited or gone to court press conference with the help of the have had surpluses for years on end. We with IRS in the past, they treated one Chicago Federation of Labor. have the best economy of the century, as guilty until proven innocent. But The therapists, concerned about the and we do not want workers to orga- thanks to this Republican Congress, we impacts on patients’ safety as a result nize to get a fair share of that econ- now have the same rights in the IRS of a planned 25 percent budget cut, ex- omy? We are sending people out off the that we have in the courtroom; that is, pressed their desire to form a union. welfare rolls, as well we should, and we we are innocent until the IRS proves us They have been confronted with a se- do not want them to be organized so guilty. ries of anti-union tactics by their em- they can get a fair share, so they can Now we have some big challenges be- ployer. One nurse was fired because she in fact support their families as they fore us again this year, some chal- spoke out in support of union represen- leave welfare? lenges that the folks particularly on tation. What have employers to fear? After this side of the aisle say cannot be Workers across the country, particu- all, unions have to win a vote the way done. Republicans want to strengthen larly in the health care area, are decid- we have to win a vote in order to come our local schools and make them safer. ing that they need union representa- back to this House every 2 years. That We want to strengthen social security tion to protect themselves, their fami- is hard to do with today’s demo- and Medicare. In fact, we want to lock lies, and their patients. We should en- graphics, where workers are by no away for the first time in 30 years 100 sure that they have a fair opportunity means automatically oriented towards percent of the social security surplus, to make that choice. It is as American unions. Why, then, do half of the em- so it is used only for social security. ployers threaten to shut down if their as apple pie. We want to pay down the national workers organize? Why do they fire one debt. We also want to continue work- f in four workers who in fact organize? ing to lower the tax burden on middle CELEBRATING FREEDOM OF Despite these extraordinary efforts, class working families. unions are now having remarkable suc- WORKERS TO JOIN A UNION I believe, Madam Speaker, this year cess. They are winning half of their The SPEAKER pro tempore. Under as we work to lower the tax burden on elections of 500 or more unions. Minor- the Speaker’s announced policy of Jan- the middle class that we should listen ity and female workers in particular uary 19, 1999, the gentlewoman from to those concerns that I hear in the fare much better when they are orga- the District of Columbia (Ms. NORTON) union halls and the South Side of Chi- nized than when they are not. is recognized during morning hour de- cago and the south suburbs, in the bates for 3 minutes. f VFW and local coffee shops and grain Ms. NORTON. Madam Speaker, I THE MARRIAGE TAX PENALTY elevators. come to the floor in celebration of the The SPEAKER pro tempore. Under Not only do people feel their taxes freedom of workers to join unions. the Speaker’s announced policy of Jan- are too high, but they feel the Tax Would that it were only a celebration uary 19, 1999, the gentleman from Illi- Code is too complicated, it needs to be for 7 days in June. Workers across the nois (Mr. WELLER) is recognized during simplified, and that the Tax Code is United States are crying out for their morning hour debates for 5 minutes. really unfair. I believe the first place right to join unions. Is this America? It Mr. WELLER. Madam Speaker, this we should start as we work to make is a sad day when we have to draw at- is an important year. As I look back our Tax Code fairer and more simpler tention to the importance of the free- over the last few years and the chal- is to address the most unfair con- dom to organize in a society like ours. lenges that we have, and of course sequence of today’s Tax Code. That is One of those 7 days in June will be there have been big challenges, doing something that has been nicknamed this Friday, the day in the District of some things we were told we could not today the marriage tax penalty. Columbia where Members of the region do, I remember when I was first elected Why it is so important that we ad- will sit and hear testimony from union in 1994 we came to Washington to dress this, this particular important members in this region about the dif- change how Washington works. There issue that affects working middle class ficulties they have had in joining was a group of us in the majority here, families, is to ask a series of questions. unions and forming unions in this re- and all of us were committed to doing That is, do Americans feel that it is gion. some things there were those who told fair, do Americans feel that it is right, I know something about this area. I us we could not do, balancing the budg- that a married working couple with continue to be a tenured professor of et, cutting taxes for the middle class, two incomes pays on average $1,400 law at Georgetown University Law reforming our welfare system, taming more in higher taxes just because they Center. When I was full-time, one of the tax collectors. But by sticking to- are married? Do Americans feel it is the major courses that I taught was gether and being persistent, we accom- right, do Americans feel that it is fair, labor law, and I saw and read and stud- plished those very great challenges. that 21 million married working cou- ied the deterioration of workers’ We balanced the budget for the first ples, on average, pay $1,400 more in rights, of the right to strike. time in 2 years, we cut taxes for the higher taxes just because they are mar- I saw the contrasts between a period first time in 16 years. In fact, in Illi- ried? of great prosperity in American life nois, my home State, 3 million Illinois It is just plain wrong that a married when business understood that part of children now benefit from the $500 per working couple pays $1,400 more in the symmetry of the workplace was the child tax credit. When we think about higher taxes than an identical couple right to organize. We have come to a that, that is $1.5 million that now stays living together outside of marriage. point instead where there is no longer in Illinois, rather than coming to That is wrong. The marriage tax pen- talk about occasional union-busting, Washington to be spent. I personally alty on average is $1,400. Back home in but workers meet wholesale resistance think that the folks back home can the South suburbs and in the South to the development of unions in the better spend their hard-earned dollars side of Chicago that is one year’s tui- workplace whereby most employers, in Illinois than I can for them in Wash- tion at a junior college, a local commu- confronted with workers who want to ington. nity college. It is 3 months in day care.

VerDate jul 14 2003 14:20 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00008 Fmt 0688 Sfmt 0634 E:\BR99\H22JN9.000 H22JN9 13824 CONGRESSIONAL RECORD—HOUSE June 22, 1999 It is several months worth of car pay- upon us as a Nation, as individuals, and (Rept. No. 106–193) on the resolution (H. ments. It is real money to real people, as leaders, the values of character, Res. 216) providing for consideration of and it is just wrong that under our Tax honesty, and integrity. the bill (H.R. 1658) to provide a more Code married working couples pay Father, humble us and direct our at- just and uniform procedure or Federal more just because they are married. tention towards You for true wisdom civil forfeitures, and for other pur- Let me give an example here of a and discernment. Father, I pray that poses, which was referred to the House south suburban couple on the south each Member of this Congress might be Calendar and ordered to be printed. suburbs of Chicago. We have a machin- absolutely mindful of Your existence, f ist, who of course works at the Joliet Your presence, Your deity, and Your Caterpillar Plant making that big will as they conduct the business You REPORT ON RESOLUTION PRO- equipment. He makes $30,500 a year. have entrusted them on behalf of Your VIDING FOR CONSIDERATION OF Under our current Tax Code, if he is people. Lord, help us love one another. H.J. RES. 33, CONSTITUTIONAL single and files as a single taxpayer, In the name of my Lord and my Sav- AMENDMENT AUTHORIZING CON- after we subtract the standard deduc- ior Jesus Christ, Amen. GRESS TO PROHIBIT PHYSICAL tion and exemption, if he makes f DESECRATION OF THE FLAG OF $30,500, he is in the 15 percent tax THE JOURNAL THE UNITED STATES bracket. But if he meets and decides The SPEAKER pro tempore. The Mr. GOSS, from the Committee on that he wants to get married to a Chair has examined the Journal of the Rules, submitted a privileged report schoolteacher with an identical in- last day’s proceedings and announces (Rept. No. 106–194) on the resolution (H. come, and her income is $30,500, of to the House his approval thereof. Res. 217) providing for the consider- course, she is in the 15 percent tax Pursuant to clause 1, rule I, the Jour- ation of the joint resolution (H.J. Res. bracket if she is single and stays sin- nal stands approved. 33) proposing an amendment to the gle, but if she decides to marry this f Constitution of the United States au- machinist their combined income is thorizing the Congress to prohibit the PLEDGE OF ALLEGIANCE $61,000 because they file jointly, which physical desecration of the flag of the pushes them into the 28 percent tax The SPEAKER pro tempore. Will the United States, which was referred to bracket. gentleman from California (Mr. LAN- the House Calendar and ordered to be With the marriage tax penalty, they TOS) come forward and lead the House printed. pay on average the almost $1,400 in in the Pledge of Allegiance. marriage tax penalty if they choose to Mr. LANTOS led the Pledge of Alle- f get married. If they choose not to, they giance as follows: COST OF GOVERNMENT DAY do not pay that marriage tax penalty. I pledge allegiance to the Flag of the Madam Speaker, the Marriage Tax United States of America, and to the Repub- (Mr. GIBBONS asked and was given Elimination Act has 230 cosponsors, a lic for which it stands, one nation under God, permission to address the House for 1 majority of this House. Let us make indivisible, with liberty and justice for all. minute and to revise and extend his re- elimination of the marriage tax pen- f marks.) Mr. GIBBONS. Mr. Speaker, today is alty our number one priority as we ANNOUNCEMENT REGARDING Cost of Government Day, and as work to lower taxes for American fami- AMENDMENT PROCESS FOR H.R. George Bernard Shaw once said, ‘‘A lies. Let us simplify to make the Tax 1802, FOSTER CARE INDEPEND- government which robs from Peter to Code fair to eliminate the marriage tax ENCE ACT OF 1999 penalty. pay Paul can always depend upon the Mr. GOSS. Mr. Speaker, the Com- support of Paul.’’ f mittee on Rules is expected to meet Well, the tax paying Americans have RECESS later this week to grant a rule which been robbed because during the first 173 The SPEAKER pro tempore. Pursu- may restrict amendments for consider- days of the year, every penny earned ant to clause 12 of rule I, the Chair de- ation of H.R. 1802, the Foster Care by the hard-working men and women of clares the House in recess until 2 p.m. Independence Act of 1999. this Nation has been used to pay for Accordingly (at 1 o’clock and 33 min- Any Member contemplating an government bureaucracy and the added utes p.m.), the House stood in recess amendment to H.R. 1802 should submit cost of government regulations. until 2 p.m. 55 copies of the amendment and a brief It did not go to pay for their kids’ explanation of the amendment to the f education. It did not go to pay for med- Committee on Rules no later than noon ical costs or expenses. It did not go to 1400 on Thursday, June 24. The Committee b pay for the home mortgage. It all went on Rules office is in H–312 of the Cap- AFTER RECESS to pay for government bureaucracy and itol. The recess having expired, the House Amendments should be drafted to the regulatory agencies. was called to order by the Speaker pro text of the bill as reported by the Com- Almost one-half of the year’s effort tempore (Mr. PEASE) at 2 p.m. mittee on Ways and Means on June 14. of these hard-working Americans was spent just to pick up the tab for gov- f Members should use the Office of ernment bloated bureaucracy. Decades, PRAYER Legislative Counsel to ensure that their amendments are properly drafted decades of unchecked growth and def- The Reverend Steven L. Wolverton, and should check with the Office of the icit spending by the tax and spenders Lee Street Memorial Baptist Church, Parliamentarian to be certain their have left the hard-working men and Baltimore, Maryland, offered the fol- amendments comply with the rules of women of this country with this crush- lowing prayer: the House. All of this with reference to ing tax burden. Our most gracious Father in heaven, the H.R. 1802, the Foster Care Inde- The vast majority of Americans do we humbly acknowledge Your majesty pendence Act of 1999, Members are so not object to paying their fair share of and Your Lordship over everything. notified. taxes, but they do object to the suffo- Father, I pray that with all Your glory, cating level of taxation that exists f Your power, Your mercy, and Your today. grace, that You would make yourself REPORT ON RESOLUTION PRO- Mr. Speaker, for our children’s sake, known here, and that Your presence, VIDING FOR CONSIDERATION OF let us allow hard-working families to and Your truth might be breath- H.R. 1658, CIVIL ASSET FOR- keep more of their money, not less. Let takingly crystal clear to all. FEITURE REFORM ACT us stop robbing Peter to pay Paul. Father, I pray that You would deliver Mr. GOSS, from the Committee on I urge my colleagues to support us from vain hypocrisy and impress Rules, submitted a privileged report meaningful tax reform this year.

VerDate jul 14 2003 14:20 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00009 Fmt 0688 Sfmt 0634 E:\BR99\H22JN9.000 H22JN9 June 22, 1999 CONGRESSIONAL RECORD—HOUSE 13825 SALUTE TO DALLAS STARS, threatens so many family farmers, we I am extremely proud to have my STANLEY CUP CHAMPIONS allow farms in coveted open space to home State represented here in the Na- (Mr. FROST asked and was given per- remain intact. tion’s Capital, and I encourage every- mission to address the House for 1 Mr. Speaker, I urge my colleagues to one to find their way down to the Na- minute and to revise and extend his re- vote for farms and for open space. First tional Mall to help New Hampshire cel- marks.) support the Patriot Bill. Secondly, let ebrate its proud history and culture. Mr. FROST. Mr. Speaker, I rise today us get rid of the death tax once and for f all. to congratulate the Dallas Stars, the COMPANIES MOVING OVERSEAS f 1999 NHL champions. AND AMERICA IS LOSING JOBS The Stars electrified all of North CONDEMN THE SYNAGOGUE BURN- Texas en route to winning the oldest (Mr. TRAFICANT asked and was INGS IN SACRAMENTO, CALI- given permission to address the House trophy in sports, the Stanley Cup. FORNIA Along the way, the champs gave us for 1 minute and to revise and extend (Mr. LANTOS asked and was given some unforgettable performances. his remarks.) permission to address the House for 1 Mr. TRAFICANT. Mr. Speaker, the Whether it was the clutch play of Cen- minute and to revise and extend his re- Hanover Shoe Company of Franklin, ter Mike Modano, the sparkling saves marks.) West Virginia is moving overseas. An- of veteran goalie Eddie ‘‘the Eagle’’ Mr. LANTOS. Mr. Speaker, the log- other 350 jobs going overseas. But the Belfour, the crushing defense of Cap- ical final outcome of hate crimes is the workers have been told, and I quote, tain Derian Hatcher, or the bravery of nightmare we see on our television sets ‘‘Do not worry. You will find a job.’’ Brett Hull, who scored the Cup-winning every night in Kosovo. This past week- Beam me up, Mr. Speaker. Every day, goal, it seemed like every game a dif- end, in the State of California, three good paying manufacturing jobs going ferent Star player stepped up and in- synagogues were set on fire. overseas, being replaced by minimum spired the team to victory. This past year in this free society, wage service-sector jobs. Enough is To all of the Dallas Stars, I say which is based on respect for all reli- enough. A superpower does not act like thank you on behalf of all Texans. You gions, Mr. Speaker, there were over a colony. have shown the whole country that 8,000 hate crimes in the United States. The sad truth is ‘‘made in America’’ Big-D is more than just America’s Some of these were directed on the is now street talk for teen pregnancy. greatest football town. basis of race, religion, disability, sex- I yield back all the minimum wage Mr. Speaker, the Stanley Cup was ual orientation, or gender. part-time jobs without benefits in the first leg of what will be the 1999 Today, I am introducing a resolution these United States of America. Texas hat trick. I am putting my col- condemning this outrageous act, which f leagues on notice. Texas teams will end resulted in the destruction of three the century by winning, not only the Jewish places of worship in the Sac- STAND UP TO THE GREEDY HAND Stanley Cup, but the NBA champion- ramento area of California. OF GOVERNMENT ship and the World Series as well. Scores of my colleagues from across (Mr. BALLENGER asked and was Congratulations again to the mighty the political spectrum are joining me given permission to address the House Dallas Stars, 1999 Stanley Cup cham- in this resolution. I ask all of my col- for 1 minute.) pions. leagues to join and express unani- Mr. BALLENGER. Mr. Speaker, f mously our condemnation of these out- Thomas Paine, a true patriot and American hero who, of course, is no PRESERVATION: PROTECTING rageous acts and provide assistance to longer taught in many public schools AMERICA’S TREASURED LAND all relevant agencies to bring the perpetrators to justice. today, once wrote: ‘‘We still find the (Mr. PITTS asked and was given per- f greedy hand of government thrusting mission to address the House for 1 itself into every corner and crevice of minute and to revise and extend his re- SMITHSONIAN FOLKLIFE industry and grasping the spoil of the marks.) FESTIVAL multitude.’’ Mr. PITTS. Mr. Speaker, as I heard (Mr. BASS asked and was given per- Although students today no longer from my youth advisory committee mission to address the House for 1 find The Rights of Man on their read- visiting the Capitol today, urban minute.) ing lists, they would do well to take sprawl has become a serious concern to Mr. BASS. Mr. Speaker, I rise today heed of Thomas Paine’s observation Americans in many parts of the coun- to celebrate New Hampshire’s partici- that the government has an inevitable try, from the rural farm country in pation in the 33rd Annual Smithsonian tendency to seek to expand its power Lancaster and Chester County, Penn- Folklife Festival beginning tomorrow and to confiscate the fruits of our sylvania, to suburbs in the south and on the National Mall. labor. It is like a law of nature. Anyone west. This festival is a celebration of the who disputes this fact is invited to step There are several ways that Congress history, heritage, and culture that forward and call his first witness. can help to prevent further unbridled makes the Granite State one of a kind. Government grows and grows, and it development, yet still keep individual More than 140 participants will be in commands more and more of what we freedoms intact. the national spotlight exemplifying earn. Taxes go up and our freedom nec- Today we will take one small step, what has made New Hampshire such a essarily is reduced. Republicans believe through the Patriot Bill, to preserve beautiful, important, and unique State that the greedy hand of government land in Pennsylvania that is central to for the past 23 years. has reached too far, and that Ameri- our American heritage. It is vital that The spectacular event will also in- cans have seen too many of their free- we preserve two of our Revolutionary clude a celebration of New Hampshire’s doms reduced. It is time to stand up to War treasures, the historic battlefields political history, as well as its essen- the greedy hand of government. of Brandywine and Paoli. It will be a tial role as the traditional host of the f tragedy to lose this history to a hous- first-in-the-Nation Presidential pri- ing development that now threatens mary. PRESCRIPTION DRUG FAIRNESS the region. Over the next 2 weeks, more than 1 ACT By the same token, we must also million people will join representatives (Mr. BROWN of Ohio asked and was take a larger step to give individuals in from New Hampshire, South Africa, given permission to address the House this country incentives to preserve and Romania in showcasing their tradi- for 1 minute.) their farmland and open space. By tions and customs through expeditions Mr. BROWN of Ohio. Mr. Speaker, eliminating such burdensome taxes as of music, dance, food, crafts, story- many Democrats in the House of Rep- the estate tax, capital gains tax which telling, and art. resentatives are working together to

VerDate jul 14 2003 14:20 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00010 Fmt 0688 Sfmt 0634 E:\BR99\H22JN9.000 H22JN9 13826 CONGRESSIONAL RECORD—HOUSE June 22, 1999 lower the cost of prescription drugs. pay tribute to these young people who ment need merely consult with state- We are asking this Congress to pass the came here today and participated in a ments made by the President, the Prescription Drug Fairness Act. ceremony on the west front of the Cap- House minority leader, the gentleman Unfortunately, the drug companies itol to highlight the need to cure diabe- from Missouri (Mr. GEPHARDT), and the and my friends on the other side of the tes. minority leader in the other body, TOM aisle do not seem much interested in This is not only an adult disease, it is DASCHLE. letting this pass. a child’s disease, a cruel children’s dis- The President said this past January, ease that affects millions of people in while in Buffalo, New York, that he b 1415 this country. It is necessary, it is ap- was opposed to giving the surplus back The drug companies will give lower propriate that this Congress devote to the American taxpayers who pro- prices to HMOs, they will give lower adequate resources to try to find a cure duced it because, ‘‘You might not drug prices to hospitals, they will give for disease through research. spend it right.’’ The President thinks lower drug prices to insurance compa- So I am happy to join all the other that the government knows better how nies and to the VA, but they charge Members of the caucus in saluting the to spend our money than the people senior citizens out of pocket literally Juvenile Diabetes Foundation and all who earned it. twice as much in many cases for pre- the children who participated here The House minority leader stated his scription drugs than they do these pre- today. vision of expanding the Federal edu- ferred buyers. I am especially proud of Nancy Stockton, cation bureaucracy by cutting defense The prescription drug companies are the delegate from Cheney, Washington. Nancy and raising taxes. In fact, he said he banding together to oppose the Pre- is a tribute to her family, her community and would be proud to do it. scription Drug Fairness Act on the all young people with diabetes. And now we have the minority leader House floor. They say that this legisla- f in the other body who just this past tion will stifle innovation and hurt re- weekend said that tax increases were CONGRESS MUST PASS COMMON search. They say it will cost them so on the table. Maybe on the Democrats’ SENSE GUN SAFETY LEGISLATION much money they will not be able to table, but they are not on the Repub- continue to develop new drugs. They do (Ms. DELAURO asked and was given licans’ table. In fact, we are debating not say anything, Mr. Speaker, about permission to address the House for 1 which taxes to cut. huge executive drug companies’ sala- minute and to revise and extend her re- Let us reduce the taxes on the people ries. They do not say anything about marks.) of this Nation. record $22 billion drug company profits. Ms. DELAURO. Mr. Speaker, last f They do not say anything about mar- week, in the dead of the night, the Re- keting, about salespeople and about publican leadership responded to the REMOVAL OF NAME OF MEMBER the multimillion-dollar lobbying com- tragedy in Littleton, Colorado, by try- AS COSPONSOR OF H.R. 987 pany campaign they are foisting upon ing to weaken gun safety laws. Instead Mr. TRAFICANT. Mr. Speaker, I ask us. of taking up the bipartisan measures unanimous consent that my name be f already approved by the other Cham- removed as a cosponsor of the bill H.R. ber, the Republican leadership joined TRIBUTE TO WARDELL YATAGHAN 987. with the NRA to kill common-sense The SPEAKER pro tempore (Mr. (Mr. DAVIS of Illinois asked and was gun safety measures and blow holes in PEASE). Is there objection to the re- given permission to address the House the Brady law. Now, we are back to quest of the gentleman from Ohio? for 1 minute and to revise and extend square one. There was no objection. his remarks.) But I am an optimist, and I believe Mr. DAVIS of Illinois. Mr. Speaker, I that this body can do what is right for f rise today to pay tribute to Wardell America. I call on my colleagues to COMMUNICATION FROM THE Yataghan, a gentleman who recently meet us halfway, close the loophole CLERK OF THE HOUSE passed away and was president of the once and for all that allows criminals The SPEAKER pro tempore laid be- Resident Council of Rockwell Gardens, to arm themselves at gun shows with- fore the House a communication from a public housing development in Chi- out any background check at all. Let the Clerk of the House of Representa- cago and a founder of the Coalition to us ensure that handguns are sold with tives: Save Public Housing. child safety locks so that children do Wardell, unfortunately, died too not accidentally hurt themselves or OFFICE OF THE CLERK, soon, but he gave his life as an inspira- HOUSE OF REPRESENTATIVES, anyone else when they find a weapon at Washington, DC, June 22, 1999. tion and as a light for those who live in home. Hon. J. DENNIS HASTERT, public housing. And I think as a testa- These are mainstream ideas that par- The Speaker, House of Representatives, ment to him, I want to urge that we ents and families in the country want Washington, DC. continue to support public housing in passed. The cost of delay is steep. Thir- DEAR MR. SPEAKER: Pursuant to the per- the United States. teen children are killed every day with mission granted to Clause 2(h) of Rule II of the Rules of the U.S. House of Representa- f guns. One hundred thousand guns are brought to schools every year. Let us tives, the Clerk received the following mes- JUVENILE DIABETES FOUNDATION sage from the Secretary of the Senate on take up gun legislation that will keep CHILDREN’S CONGRESS June 21, 1999 at 1:21 p.m. guns in responsible hands. That the Senate passed without amend- (Mr. NETHERCUTT asked and was f ment H. Con. Res. 105. given permission to address the House With best wishes, I am for 1 minute and to revise and extend REPUBLICANS WANT TO CUT Sincerely, his remarks.) TAXES, NOT INCREASE THEM JEFF TRANDAHL, Mr. NETHERCUTT. Mr. Speaker, (Mr. CHABOT asked and was given Clerk. today, this week, children from every permission to address the House for 1 f State in the Union have come to Wash- minute and to revise and extend his re- ington to participate in the Juvenile marks.) ANNOUNCEMENT BY THE SPEAKER Diabetes Foundation Children’s Con- Mr. CHABOT. Mr. Speaker, the PRO TEMPORE gress. As the cochairman of the House Democrats are arguing among them- The SPEAKER pro tempore. Pursu- Diabetes Caucus, which boasts 265 selves about which taxes they want to ant to the provisions of clause 8, rule Members of this body who have dedi- raise, about how to come up with addi- XX, the Chair announces that he will cated themselves to trying to find a tional revenue. Anyone who has any postpone further proceedings today on cure for diabetes, it is fitting that we doubt about the truth of this state- each motion to suspend the rules on

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which a recorded vote or the yeas and tleman from Ohio (Mr. BROWN) each introduced H.R. 785, the Biomedical Re- nays are ordered, or on which the vote will control 20 minutes. search Assistance Voluntary Option, or is objected to under clause 6 of rule The Chair recognizes the gentleman BRAVO, as we call it, Act. My bill XX. from Florida (Mr. BILIRAKIS). would allow taxpayers to designate a Such rollcall votes, if postponed, will GENERAL LEAVE portion of any Federal income tax re- be taken later today. Mr. BILIRAKIS. Mr. Speaker, I ask fund to support biomedical research to f unanimous consent that all Members the National Institutes of Health. may have 5 legislative days within Mr. Speaker, we all know that the EXPRESSING SENSE OF HOUSE RE- which to revise and extend their re- war against cancer is far from over. GARDING IMPORTANCE OF RAIS- marks on the legislation under consid- Today, the House of Representatives ING PUBLIC AWARENESS OF eration, H. Res. 211, and to insert ex- can play a supportive role in the fight PROSTATE CANCER traneous material in the bill. against prostate cancer by increasing Mr. BILIRAKIS. Mr. Speaker, I move The SPEAKER pro tempore. Is there public awareness about the importance to suspend the rules and agree to the objection to the request of the gen- of early detection and treatment of resolution (H. Res. 211) expressing the tleman from Florida? prostate cancer. I urge all my col- sense of the House of Representatives There was no objection. leagues to support H. Res. 211. regarding the importance of raising Mr. BILIRAKIS. Mr. Speaker, I yield Mr. Speaker, I reserve the balance of public awareness of prostate cancer, myself such time as I may consume. my time. and of regular testing and examina- Mr. Speaker, I rise, of course, in sup- Mr. BROWN of Ohio. Mr. Speaker, I tions in the fight against prostate can- port of H. Res. 211, a resolution to raise yield myself such time as I may con- cer. public awareness of prostate cancer sume. The Clerk read as follows: and convey the importance of regular The resolution we are considering today is important, and we are pleased H. RES. 211 testing and examinations to fight this terrible disease. I am proud to be an to cooperate with the majority’s re- Whereas nearly 180,000 men will be diagnosed with prostate cancer in 1999, and an es- original cosponsor, and certainly it is quest to discharge it from the Com- timated 37,000 men will die of the disease; very fitting that we all pay tribute to mittee on Commerce on an expedited Whereas prostate cancer is the second the gentleman from New Hampshire basis. We hope and expect that our col- most common form of cancer among men (Mr. BASS), who has worked so very leagues on the other side of the aisle and the second leading cause of cancer death hard on this legislation and was able to will extend the same consideration for among men; keep pushing it so we could get it to issues that we hold important. Our Whereas prostate cancer can often be this particular point. goal must be to work in a timely man- treated successfully if detected early on, al- According to the National Institutes ner and on a bipartisan basis so that though most symptoms are nonspecific and there are few reliable risk factors; of Health, prostate cancer is the most beneficial initiatives can move through Whereas education and regular testing and frequently diagnosed non-skin cancer this Congress. examinations are critical to detecting and in American men. The National Cancer One out of ten men will develop pros- treating prostate cancer in a timely manner; Institute reports that over 200,000 new tate cancer in their lifetime. One out of Whereas the American Cancer Society rec- cases of prostate cancer were diagnosed ten. Forty thousand men will die from ommends that all men aged 50 and over have in the United States in 1997 alone. it each year. Early detection is crit- annual examinations and tests for prostate Tragically, approximately 40,000 men ical, and raising awareness about the cancer, and that African American men and will die of the disease this year. disease is the best way to promote reg- men with family histories of prostate cancer, ular testing. who are at higher risk for the disease, should Since testing for early detection of consider taking such steps at an earlier age; prostate cancer became relatively com- This resolution says we can play a Whereas the House of Representatives as mon, the prostate cancer death rate unique role in our districts and an institution, and Members of Congress as has declined. However, too many lives through this Congress on the national individuals, are in unique positions to help are still lost to this disease because it level also through national exposure to raise public awareness about the detection is not detected early enough or because raise public awareness about prostate and treatment of prostate cancer and to sup- treatment is received too late. It is cancer. port the fight against prostate cancer: Now, critical, critical that American men In 1994, I founded the Northeast Ohio therefore, be it use all available means to fight pros- Breast and Prostate Cancer Task Force Resolved, That it is the sense of the House to help organize efforts at the local of Representatives that— tate cancer, including regular testing (1) all American men should take an active and medical examinations. level to combat these cancers. Last role in the fight against prostate cancer by The resolution before us today en- Sunday, at Jacobs Field in Cleveland, I all the means that are available to them, in- courages men to be active in the battle had the honor of presenting an award cluding regular testing and medical exami- against prostate cancer. It also encour- to the Cleveland Indians’ Mike Har- nations; ages national and community organiza- grove and Jim Thome on behalf of the (2) the role played by national and commu- tions, along with health care providers, team for their support for prostate can- nity organizations and health care providers to promote the importance of medical cer research. This award is part of the in promoting awareness of the importance of Association for the Cure of Cancer of regular examinations and testing for pros- examinations and testing. tate cancer, and in providing related infor- In addition, this resolution empha- the Prostate and Major League Base- mation, support, and access to services, sizes the Federal Government’s respon- ball’s 1999 Home Run Challenge. During should be recognized and applauded; sibility to provide the necessary re- Father’s Day Week, June 20 to 25, every (3) the Federal Government has a responsi- sources to fund research to determine home run hit in 60 selected games will bility to— the causes of and treatments for pros- raise money directed towards prostate (A) endeavor to raise awareness about the tate cancer. cancer research. importance of the early detection of, and As chairman of the Subcommittee on This resolution today, Mr. Speaker, proper treatment for, prostate cancer; Health and Environment of the Com- is a statement of the need to do more (B) continue to fund research so that the causes of, and improved treatment for, pros- mittee on Commerce, I have been a to fight prostate cancer and to help tate cancer may be discovered; and strong supporter, as have so very many men who have this illness. But this (C) continue to consider ways to improve others, of increasing the Federal Gov- Congress can and should do much access to, and the quality of, health care ernment’s commitment to biomedical more. We should pass the Patients’ Bill services for detecting and treating prostate research. In particular, I have endorsed of Rights, which would protect pros- cancer. the proposal to double Federal funding tate cancer patients from arbitrary The SPEAKER pro tempore. Pursu- for the NIH over 5 years. coverage denials and ensure their ac- ant to the rule, the gentleman from In an effort to provide additional cess to the right specialists and to clin- Florida (Mr. BILIRAKIS) and the gen- funding for NIH research efforts, I have ical trials.

VerDate jul 14 2003 14:20 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00012 Fmt 0688 Sfmt 0634 E:\BR99\H22JN9.000 H22JN9 13828 CONGRESSIONAL RECORD—HOUSE June 22, 1999 We should be aggressive in bringing presses the sense of the House that, and went. It passed. We now have 250 down the cost of prescription drugs and firstly, all men should take an active cosponsors from both sides of the aisle pass the Prescription Drugs Fairness role in the fight against prostate can- in support of this bill. Act. Drug company markups place bar- cer and by all the means that are avail- I think it is very important that the riers in the way of life-saving medi- able to them; secondly, that the role of House Committee on Commerce take cine. national and community organizations this bill up in a hearing so that it can And we should move quickly to pass and health care providers in promoting be examined. Because the majority of the Breast and Cervical Cancer Act. awareness of prostate cancer and in the members of the committee are co- We should follow through, Mr. Speak- providing related information, support, sponsors, including the gentleman from er, with initiatives that help prevent and access to services should be recog- New Hampshire (Mr. BASS) and the and treat prostate cancer and other ill- nized and applauded; and lastly, that gentleman from Florida (Mr. BILI- nesses that take such a tremendous the Federal Government has the re- RAKIS) our subcommittee chairman. toll on our families and on our Nation. sponsibility to continue to raise aware- Now, why this bill? In 1999, the House Mr. Speaker, I reserve the balance of ness, fund research, and consider ways of Representatives passed a very im- my time. to improve access to and the quality of portant and good piece of legislation. Mr. BILIRAKIS. Mr. Speaker, I yield services for detecting and treating That piece of legislation directed the such time as he may consume to the prostate cancer. Center for Disease Control, the CDC, to gentleman from New Hampshire (Mr. I hope that all of my colleagues will conduct early screening for breast and BASS), the sponsor of this legislation. join me today in supporting this reso- cervical cancer. It has been a very suc- Mr. BASS. Mr. Speaker, I thank the lution, working in our districts to get cessful program, but it stopped short of gentleman for yielding me this time, out the word, not only on Father’s Day something. And that is, when detection and I rise in strong support of the pros- but every day, that prostate cancer is a takes place and cancer is discovered ei- tate cancer awareness resolution. killer. We need to educate. We need to ther in the cervix or the breast, we now I wish to thank the minority for al- talk to our doctors. Timely treatment say to American women they are on lowing this to be expedited through the is what counts. their own for treatment. committee process, and as I said a I urge support and adoption of this This great Nation can do better than minute ago, I thank the gentleman resolution. this. And so, the legislation moves be- from Virginia (Mr. BLILEY) and the Mr. Speaker, I yield back the balance yond where we are now. It offers a car- gentleman from Florida (Mr. BILI- of my time. rot to the States where we offer more RAKIS), as well as the majority leader, Mr. BROWN of Ohio. Mr. Speaker, I money in Medicaid for under-insured the gentleman from Texas (Mr. yield 3 minutes to the gentlewoman and uninsured women. We all have ARMEY), and the rest of the House lead- from California (Ms. Eshoo) who has these constituents amongst us. We ership. This is a very important resolu- been a real leader in the fight against have heard their eloquent testimonies, tion to not only myself, but many hun- breast and prostate cancer on the Sub- very sad testimonies, too many of us. dreds of thousands of other men around committee on Health and the Environ- And so, I urge that all of the mem- the country who may be affected by ment. bers of the House Committee on Com- prostate cancer. Ms. ESHOO. Mr. Speaker, I thank my merce, most specifically our leader- Now, last week during National colleague and good friend from Ohio ship, to schedule a hearing on this bill Men’s Health Week, which concluded (Mr. BROWN) for yielding me the time. so that we can move forward and also on Father’s Day, there was a lot of dis- I want to first of all rise in support of to a markup. I think it is an important cussion about the most serious of this very important resolution and the step for the women and the families of health issues facing men, and one of intent that it carries. I would like to our Nation. By next Mother’s Day, them at least is prostate cancer. pay tribute to my colleague the gen- hopefully, we will have this legislation tleman from New Hampshire (Mr. in law. b 1430 BASS) and certainly the gentleman Mr. BILIRAKIS. Mr. Speaker, I yield This year 180,000 men will be diag- from Florida (Mr. BILIRAKIS) our sub- myself such time as I may consume. nosed with prostate cancer; and, as the committee chairman, who are great Mr. Speaker, more than anything gentleman from Florida (Mr. BILI- supporters of this very good thing. So I else, I would like to say to the gentle- RAKIS) mentioned, 40,000 will die of the want to salute them for that and thank woman from California (Ms. Eshoo), disease. them for bringing this resolution to through the Chair, that if her ears were Prostate cancer, in fact, is the second the floor. ringing yesterday, it was because she leading cause of cancer among men, After all, who amongst us can be op- was the subject of fairly lengthy con- second only to skin cancer; and it is posed to something like this? We know versations at the CDC in Atlanta, the second leading cause of cancer the toll that cancer takes on the Amer- where the gentleman from Ohio (Mr. death among men. This cancer can ican people, most specifically, with BROWN) and I and a number of staff often be treated successfully if it is de- men in this country. members attended. Part of the discus- tected early, but most symptoms are Yesterday we celebrated a magnifi- sion was involving the situation that nonspecific and there are very few reli- cent holiday for our Nation’s fathers. I she is trying to solve, and we asked a able risk factors. Therefore, two of the certainly missed mine, who went to number of questions in that regard. most important weapons against pros- heaven about a year and a half ago. As I have told the gentlewoman pre- tate cancer are education and timely And as we bring this resolution to the viously, I am committed to at least testing. floor around Father’s Day, I also want holding a hearing on this legislation in The American Cancer Society rec- to rise to speak about an issue that is the very near future and, hopefully, get ommends that men 50 or over talk with important to mothers, fathers, families it on its way. their health care professionals about across this country; and that is breast Insofar as the managed care problem, having annual exams and tests for and cervical cancer. which the gentleman from Ohio (Mr. prostate cancer and that African- When the gentleman from New York BROWN) mentioned, the Patients Pro- American men and men with family (Mr. LAZIO) and myself introduced a tection Act is moving. We are applying histories of prostate cancer, who are at bill in the House, the Breast and Cer- due diligence to the situation. I might higher risk for the disease, should con- vical Cancer Act, we made a pledge at add that the problem in managed care sider taking steps at an earlier age. that press conference that by Mother’s is not a new problem, it is a problem This House, as an institution, and we, Day our goal was to secure the major- that existed for many, many years. as Members of Congress, are in unique ity of the House of Representatives in And it is this particular Congress, positions to support efforts against support of that legislation. Well, we along with the prior Congress, which is prostate cancer. This resolution ex- not only did that. Mother’s Day came trying to solve the issue.

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Mr. Speaker, I yield such time as she from New York (Mr. LAZIO), currently cer in men and breast cancer in women. may consume to the gentlewoman from has 250 sponsors. The majority of the Like breast cancer in women, the risk New York (Mrs. KELLY). House of Representatives support the of having prostate cancer increases Mrs. KELLY. Mr. Speaker, I rise enactment of this treatment bill. And with age. today in support of the prostate cancer yet we see no plans for floor action in The American Cancer Society esti- awareness resolution and the Breast sight. mates that nearly 180,000 new cases of and Cervical Cancer Treatment Act. Here to my right on the screen my prostate cancer and 175,000 new cases of I commend my colleague from New colleagues will see the list of agencies breast cancer will be diagnosed in 1999. Hampshire for bringing awareness to and groups, strong groups in this coun- Prostate cancer kills about 37,000 men the fight against prostate cancer. Thir- try, health groups, who support this each year, and breast cancer kills over ty-seven thousand men will die from legislation being enacted. These are 46,000 women. Prostate cancer is the prostate cancer this year, 2,400 in my our constituents across the country. second leading cause of cancer death in State of New York alone. I applaud the They want us to move ahead on this men, and breast cancer is the second efforts of the community organizations legislation, and we need to pay heed to leading cause of cancer death in women and health care providers in promoting their strong recommendation. after lung cancer. awareness of and access to regular The Breast and Cervical Cancer Recently, I attended the opening of exams and testing. But, unfortunately, Treatment Act gives States the option an expanded Department of Defense awareness is only half the battle. Once to provide Medicaid coverage to unin- Prostate Cancer Research Center in a cancer is diagnosed, it is perhaps sured or under-insured women who Rockville, Maryland. This research fa- even more cruel if it must go un- have already been diagnosed through cility will work in conjunction with treated. Yet this is a situation that our National Breast and Cervical Can- the National Institutes of Health in thousands of people have had to face. cer Early Detection Program. But once nearby Bethesda, Maryland. I am proud Currently, the CDC’s National Breast they have this wrenching diagnosis, that this premier research corridor and Cervical Cancer Early Detection they have nowhere to turn for treat- looking into the prevention, early de- Program provides cancer screening ment. All the screening in the world tection, and cure for prostate cancer is services for low-income women who will not help if women who are diag- in my congressional district. have little or no health insurance. Yet nosed with this disease do not have ac- I want to take a moment also to cruelly, after being diagnosed, these cess to quality treatment for their con- highlight another important piece of women have no means with which to dition. legislation, the Breast and Cervical get treatment. The Breast and Cervical Just a few minutes ago, I was visited Cancer Treatment Act, H.R. 1070. This Cancer Treatment Act will give States in my offices here by a dozen or so rep- bill would amend the Social Security the option to provide Medicaid cov- resentatives of the AAUW, the Amer- Act to give States the option of ex- erage to these women. While Congress ican Association of University Women, panding medical assistance coverage to must continue to advocate cancer who are here on the Hill today talking include women screened and found to awareness, it cannot continue to pro- about their issues. And my group was have breast or cervical cancer. It has mote screening and early detection here from Atascadero in San Luis over 249 cosponsors. Yet, we have not without providing a means for treat- Obispo County. had any further action scheduled on ment. I told them what I was going to be this important legislation. I urge the leadership and Members of speaking about on the floor, and they I agree with the men’s prostate can- the Committee on Commerce to take said, yes, we have friends, we have peo- cer support group called, ‘‘Us Too!’’ I action on the Breast and Cervical Can- ple in our community for whom this must say, I am also part of a support cer Treatment Act and for the House to fact is a reality, women diagnosed with group calling for consideration both in pass the prostate cancer awareness res- no place to turn for treatment. committee and on the House Floor for olution. With 250 bipartisan cosponsors of the H.R. 1070, we could say, ‘‘H.R. 1070, Mr. BROWN of Ohio. Mr. Speaker, I Breast and Cervical Cancer Act, we too!’’ yield 3 minutes to the gentlewoman need in this House to take action now. I reiterate my support for H.Res. 211. from California (Mrs. CAPPS), a nurse We have a chance today to help mil- And I compliment again my colleague and a new member of the Sub- lions of men with prostate cancer. I the gentleman from New Hampshire committee on Health and the Environ- support this opportunity and thank our (Mr. BASS) for his leadership and the ment. House for taking the lead here to do gentleman from Florida (Mr. BILI- Mrs. CAPPS. Mr. Speaker, I thank this. RAKIS) the subcommittee chairman for my colleague from Ohio for yielding Let us also take the opportunity to bringing this bill on the floor today. me the time. do more than resolve, to actually help 1445 Mr. Speaker, I rise in support of this survivors of breast and cervical cancer, b resolution on prostate cancer. But I as well. Mr. BROWN of Ohio. Mr. Speaker, I also want to take a moment to speak Mr. BILIRAKIS. Mr. Speaker, I yield yield 2 minutes to the gentleman from on the Breast and Cervical Cancer 3 minutes to the gentlewoman from California (Mr. LANTOS). Treatment Act. Maryland (Mrs. MORELLA). Mr. LANTOS. Mr. Speaker, I want to As a nurse, I am very concerned Mrs. MORELLA. Mr. Speaker, I thank my colleague for yielding me about prostate cancer and I am glad thank the gentleman for yielding me this time. that we are raising awareness of this the time. I rise to congratulate and commend serious disease which kills approxi- Mr. Speaker, I rise in strong support all of my colleagues on both sides of mately 40,000 men a year in this coun- of H.Res. 211, to raise public awareness the aisle who have played a leadership try. I thank the chair and the leader- of prostate cancer. I want to thank the role on this issue. But I would like to ship of our Subcommittee on Health gentleman from New Hampshire (Mr. go beyond commending them, to com- and the Environment the gentleman BASS) the introducer of this resolution. mend three individuals who have done from Florida (Mr. BILIRAKIS) for intro- I am an original cosponsor of this legis- extraordinarily important things on ducing this resolution, which I whole- lation. behalf of this cause of fighting prostate heartedly support. Yet, I am very dis- Prostate cancer is the most common cancer: General Schwarzkopf, the hero appointed that the Committee on Com- type of cancer in men. One out of every of the Persian Gulf War, Senator Bob merce has yet to address the Breast five men will develop prostate cancer Dole, and philanthropist Michael and Cervical Treatment Act. at some point during his life. As a mat- Milken. Mr. Milken, through his Cap This bill, introduced by my col- ter of fact, I have two brothers who Cure Foundation, has devoted untold leagues the gentlewoman from Cali- have prostate cancer. And there are resources and unimaginable energy to fornia (Ms. ESHOO) and the gentleman many parallels between prostate can- dealing with prostate cancer, and I am

VerDate jul 14 2003 14:20 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00014 Fmt 0688 Sfmt 0634 E:\BR99\H22JN9.000 H22JN9 13830 CONGRESSIONAL RECORD—HOUSE June 22, 1999 proud to publicly recognize his signifi- ship, and I want to compliment my lost my father 3 years ago to prostate cant contribution. neighbor, the gentleman from Ohio cancer. I will always be reminded of I would also like to associate myself (Mr. BROWN), for his work on health-re- the fact that his life was shortened be- with the comments of my colleagues lated issues. cause of lack of early detection and from California (Ms. ESCHOO and Ms. I would also like to advise the Con- education about this devastating dis- CAPPS) who talked of breast and cer- gress to support and work with the ef- ease. vical cancer problems. As we deal with forts of the gentleman from Florida There are an estimated 179,300 new prostate cancer, I think we have a (Mr. BILIRAKIS) and the gentleman cases of prostate cancer this year, and moral obligation to deal with the issue from Ohio (Mr. BROWN). The health-re- prostate cancer rates for African Amer- of breast and cervical cancer. lated issues facing this Congress are ican men are significantly higher than I call on all of my colleagues on a bi- some of the most important issues fac- the rates for white men. African Amer- partisan basis to deal with both of ing the American people. I urge an ican men have higher incidences of these critical health issues affecting ‘‘aye’’ vote. prostate cancer than any other ethnic millions of American families. Mr. BILIRAKIS. Mr. Speaker, I ask group in the world since the disease is Mr. BROWN of Ohio. Mr. Speaker, I unanimous consent that the gentleman rare in Asia, Africa and South Amer- yield 2 minutes to the gentleman from from Pennsylvania (Mr. PITTS) be per- ica. Illinois (Mr. DAVIS). mitted to control the remainder of my The incidence of prostate cancer in- Mr. DAVIS of Illinois. I want to time for consideration of this legisla- creases as men age. More than 75 per- thank the gentleman for yielding me tion. cent of all prostate cancers are diag- this time. The SPEAKER pro tempore (Mr. nosed in men over 65. Men over age 50 Mr. Speaker, I rise today in support PEASE). Is there objection to the re- should have tests done every year. And, of this resolution, which is designed to quest of the gentleman from Florida? of course, African American men raise public awareness of prostate can- There was no objection. should be tested at an even earlier age. cer. Prevention, access to health care, Mr. BROWN of Ohio. Mr. Speaker, I I serve on M.D. Anderson Hospital’s awareness, early detection, all of these yield 1 minute to the gentleman from prostate cancer advisory committee, are ingredients which help save lives. Indiana (Mr. HILL). and I would say that the best celebra- Prostate cancer is the second leading Mr. HILL of Indiana. I thank the gen- tion and commemoration we could give cause of death among American men, tleman from Ohio for yielding me this to our fathers across the land no mat- causing over 39,000 deaths a year. Un- time. ter what their ethnic background is to fortunately for African American men, Mr. Speaker, I also rise in support of encourage them to get early testing prostate cancer rates are the highest in this resolution. Prostate cancer comes and to not be afraid to go to the doc- the world. In the last 5 years, the death in four stages. Approximately 6 years tors. I also support the passage, if you rate for prostate cancer has more than ago, my then 51-year-old brother went will, of the Breast and Cervical Cancer doubled the death rate of breast can- to the doctor because he was having Treatment Act. I believe that as we cer, which is extremely high and must problems. He found that he was in fight the deadly disease of cancer, be acted upon immediately. Unfortu- stage four of prostate cancer. Still we there can be no excessive amount of nately for African American males, did not give up hope. Still we prayed a legislation that deals with these dev- this is one of the most deadly diseases lot, held hands a lot, talked a lot. But astating diseases. I would offer my sup- in the world. in the final end, he did not make it, port for the resolution dealing with I want to take this opportunity to and he died. He died a very horrible and prostate cancer. I would ask all my col- thank those churches, community or- agonizing death. I will never forget it leagues to heartily support us in our ganizations and other groups in my disas long as I live. It has affected me dra- fight to end this deadly disease. trict who have been promoting aware- matically. Mr. Speaker, I stand here today with the ness by putting into their Sunday bul- I hope my brother’s pain and suf- men of this House to urge public awareness of letins messages about men getting fering does not go in vain, because prostate cancer. Prostate cancer is the second checkups and physicals and going to today I have the opportunity to evoke most common form of cancer and the second the doctor. his name and support this resolution, leading cause of cancer death. Education and My father is 88 years old, recently di- and hopefully all that pain and suf- regular testing are crucial to survival because agnosed a few years ago with prostate fering, if we can save at least one life prostate cancer can be treated successfully if cancer, but is a survivor and is alive in America through this resolution or it is found early. because of the early detection. through this speech, if we can just save I support this resolution today because it ex- Mr. Speaker, I urge that we support one life in America because of this res- presses our sense that public awareness, reg- these two measures. olution today, the meaninglessness and ular testing, early detection and treatment are Mr. BROWN of Ohio. Mr. Speaker, I pointlessness of his pain and suffering critical to survival. yield 2 minutes to the gentleman from will not go in vain. There are an estimated 179,300 new cases Ohio (Mr. TRAFICANT). Mr. BROWN of Ohio. Mr. Speaker, I of prostate cancer this year. Prostate cancer Mr. TRAFICANT. Mr. Speaker, if you yield 2 minutes to the gentlewoman rates for African American men are signifi- reach age 40, the statistics in America from Texas Ms. JACKSON-LEE). cantly higher than the rates for white men. Af- are quite clear. You will live to be a Ms. JACKSON-LEE of Texas. Mr. rican American men have higher incidences of wise senior citizen if you can avoid the Speaker, I thank the gentleman from prostate cancer than any other ethnic group in two big takers of life, heart attack and Ohio for yielding me this time. the world since this disease is rare in Asia, Af- cancer. We fund many issues. Some of I thank the gentleman from New rican and South America. My father who I them are highly sensationalized, with Hampshire (Mr. BASS) and the gen- loved dearly, Ezra Jackson, died three years much press and hype. But I say it is tleman from Florida (Mr. BILIRAKIS) ago from prostate cancer. My uncle died of time to wage an all-out war on cancer. for their leadership and the gentleman the disease as well. We should be diligent in It is overdue, and it must, in fact, in- from Ohio (Mr. BROWN) for his leader- helping all men to learn about the disease and volve all our efforts. ship. get early testing. This resolution will help I want to applaud the efforts of the I am not a member of the committee some live. gentleman from Florida (Mr. BILI- of jurisdiction, but I come to the floor The incidence of prostate cancer increases RAKIS) here today, one of the fine with a personal commentary to support as men age—more than 75% of all prostate chairmen in the House. His heart is in the passage of this resolution dealing cancers are diagnosed in men over 65. Thus, the right place. He has worked very with prostate cancer and the enhanced it is crucial for men to have regular checkups hard on this. I want to compliment the opportunities to educate the American for early detection. Men over age 50 should distinguished gentleman from New public and men about the dangers and have tests done every year. African American Hampshire (Mr. BASS) for his leader- the devastation of prostate cancer. I men should be tested at an even earlier age.

VerDate jul 14 2003 14:20 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00015 Fmt 0688 Sfmt 9920 E:\BR99\H22JN9.000 H22JN9 June 22, 1999 CONGRESSIONAL RECORD—HOUSE 13831 The federal government has an important static disease. Hormone treatment may con- vide the bullets to fight this war in our dedica- role to play in raising public awareness about trol prostate cancer for long periods by tion to raising awareness about cancer, and this disease. We must continue to support re- shrinking the size of the tumor, thus reliev- the commitment to increase funding for cancer search and treatment efforts to improve the ing pain. Careful observation without immediate active treatment (‘‘watchful waiting’’) research. chances of survival for men diagnosed with may be appropriate, particularly for older Remember, prostate cancer may kill, but it prostate cancer. We should also encourage individuals with low-grade and/or early stage does not have to. Early detection can save a more efforts to improve access to care for tumors. life. I say to all men, see your doctor for a men, particularly low-income, traditionally un- Survival: Sixty percent of all prostate can- prostate examination today; take a P.S.A. an- derserved patients. cers are discovered while still localized; the nually. I support these efforts to battle this deadly 5-year relative survival rate for patients Mr. Speaker, I think my good friend from disease. Prostate cancer will kill 37,000 Amer- whose tumors are diagnosed at this stage is New Hampshire, Mr. BASS, for introducing this ican men this year. I hope that through the 100%. Over the past 20 years, the survival important resolution. collective resources of the federal government, rate for all stages combined has increased from 67% to 93%. Survival after a diagnosis Mr. FORBES. Mr. Speaker, I rise in strong local and community health services, and of prostate cancer continues to decline be- support of House Resolution 211, a sense of through public awareness and education, we yond five years. According to the most re- the Congress on Raising Awareness of Pros- can one day refer to this disease in the past cent data, 68% of men diagnosed with prostate Cancer. tense. Finally, Mr. Speaker I hope we will also tate cancer survive 10 years and 52% survive One out of every five men is at lifetime risk move to the floor H.R. 1070, the Breast and 15 years. for prostate cancer. While about every third Cervical Cancer Treatment Act—which will Mr. BROWN of Ohio. Mr. Speaker, I male over age 50 probably already has pros- also help to save lives—the many women who yield myself such time as I may con- tate cancer in some form and does not know have or will suffer from this dreadful disease. sume. it; roughly one-quarter of those who are strick- New Cases: An estimated 179,300 new cases I appreciate the debate today and ap- en, will get a life-threatening form of the dis- in the US during 1999. Prostate cancer inci- preciate the good efforts of the gen- ease. dence rates remain significantly higher in tleman from Florida (Mr. BILIRAKIS) Prostate cancer is the second leading cause African-American men than in white men. and the gentleman from Pennsylvania of cancer deaths in men (after lung cancer) Between 1989 and 1992, prostate cancer incidence rates increased dramatically, probably (Mr. PITTS) on that side and the gentle- and, excluding skin cancer, is the most com- due to earlier diagnosis in men without any woman from California (Mrs. CAPPS), mon cancer in American men. Early prostate symptoms, by increased use of prostate-spe- the gentlewoman from California (Ms. cancer often does not cause symptoms, and cific antigen (PSA) blood test screenings. Be- ESHOO), the gentleman from Illinois most people find out about their prostate can- tween 1993 and 1995, prostate cancer inci- (Mr. DAVIS), the gentleman from Ohio cer too late, even though the cancer can be dence rates declined, primarily among white (Mr. TRAFICANT), the gentleman from detected in most case with a simple, inexpen- men. Indiana (Mr. HILL), the gentlewoman sive blood test. Deaths: An estimated 37,000 deaths in 1999, the second leading cause of cancer death in from Texas (Ms. JACKSON-LEE) and the While the American Cancer Society and men. During 1991–1995, prostate cancer mor- gentleman from California (Mr. LAN- several other groups recommend that every tality rates declined significantly (¥1.6% per TOS) on my side. man over age 50 get tested once a year, and year). Like the decreasing trends in inci- I especially ask this House with bi- General Schwarzkopf, a man who has under- dence, the trends in mortality occurred pri- partisan cooperation to pass H. Res. 211 gone prostate surgery, said prostate cancer marily among white men. Mortality rates in but also move forward on the Prescrip- testing saved his life. Society still talks about African-American men remain more than tion Drug Fairness Act, on the Pa- prostate cancer after the fact rather than talk- twice as high as rates in white men. tients’ Bill of Rights, and on the Breast Signs and Symptoms: Weak or interrupted ing about the test that could quickly arrest urine flow; inability to urinate, or difficulty and Cervical Cancer Act. If we could prostate cancer in the early beginning. starting or stopping the urine flow; the need accomplish those health care issues The disease touches the lives of millions of to urinate frequently, especially at night; this year, this will have been a very men and their families, yet myths and mis- blood in the urine; pain or burning on urina- successful Congress. understandings about prostate cancer remain tion; continuing pain in lower back, pelvis, Mr. FRELINGHUYSEN. Mr. Speaker, I rise common. or upper thighs. Most of these symptoms are today in strong support of H. Res. 211, I am Learning about prostate cancer, who’s at nonspecific and may be similar to those proud to be a cosponsor of this resolution risk and how to fight it is a crucial first step in caused by benign conditions such as infec- which expressed the sense of the Congress overcoming this problem. The more you know tion or prostate enlargement. Risk Factors: The incidence of prostate regarding the importance of raising public about Prostate Cancer, the better equipped cancer increases with age; more than 75% of awareness about prostate cancer. you are to fight it. all prostate cancers are diagnosed in men Prostate cancer is one of the most serious We are here today, to end the public embar- over age 65. African Americans have the health issues facing men. One in five men will rassment about prostate cancer and begin the highest prostate cancer incidence rates in develop prostate cancer in his lifetime. Ac- process of making men more aware of what the world; the disease is common in North cording to the National Institutes of Health, this disease can do and what they must do to America and Northwestern Europe and is this year nearly 185,000 men will be diag- protect themselves. Too many men have died rare in Asia, Africa, and South America. Re- cent genetic studies suggest that an inher- nosed with prostate cancer and 39,000 men because they made the mistake of ignoring ited predisposition may be responsible for will die. Prostate cancer is the most common the devastating effect of prostate cancer. 5%–10% of prostate cancers. International type of cancer among men, and the second Today we can start turning the tide. Support studies suggest that dietary fat may also be leading cause of cancer death in men. The this resolution. a factor. most important thing to know about prostate Mr. WAXMAN. Mr. Speaker, I rise in support Early Detection: Men age 50 and older who cancer is that it can be treated successfully if of this resolution, and commend the chairman have at least a 10-year life expectancy should detected early. of the Subcommittee on Health and the Envi- talk with their health care professional As you know, my predecessor, the late Con- ronment, Mr. BILIRAKIS, and the ranking mem- about having a digital rectal exam of the prostate gland and a prostate-specific anti- gressman Dean Gallo died of prostate cancer ber, Mr. BROWN, for bringing this resolution gen (PSA) blood test every year. Men who in 1994, having been diagnosed late in his dis- before the House today. are at high risk for prostate cancer (African ease. Dean was a fighter for New Jersey but No one can doubt the value of increasing Americans or men who have a history of sadly he could not fight prostate cancer suc- public awareness of prostate cancer. Screen- prostate cancer in close family members) cessfully. Despite Dean’s death his memory ing and testing can lead to early detection and should consider beginning these tests at an lives on in the Dean and Betty Gallo Prostate effective treatment of this all-too-common form earlier age. Cancer Center at the Cancer Institute of New of cancer. Treatment: Depending on age, stage of the cancer, and other medical conditions of the Jersey. Mr. Speaker, New Jersey is 17th But while I strongly support this resolution, patient, surgery and radiation should be dis- among all 50 states in the incidence of pros- I cannot help but note the contrast between cussed with the patient’s physicians. Hor- tate cancer and 8th among African Americans. our eagerness to act here—even without com- mones and chemotherapy or combinations of Congress has declared a war on cancer, in mittee consideration—with the failure of our these options might be considered for meta- any of its forms, and we must continue to pro- committee to consider another important piece

VerDate jul 14 2003 14:20 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00016 Fmt 0688 Sfmt 9920 E:\BR99\H22JN9.000 H22JN9 13832 CONGRESSIONAL RECORD—HOUSE June 22, 1999 of legislation, a very reasonable and broadly the rules were suspended and the reso- the Secretary of State shall prepare and sub- supported bill to provide the option of Med- lution was agreed to. mit to the Committee on International Rela- icaid treatment for low-income women with A motion to reconsider was laid on tions of the House of Representatives and breast cancer. the table. the Committee on Foreign Relations of the I am proud to be one of nearly 250 cospon- Senate a written report that describes the ef- f forts of the Secretary pursuant to section sors of H.R. 1070. This bill was introduced by 2(a) and United States policies affected pur- Congressman LAZIO and Congresswoman LOCATING AND SECURING RETURN OF ISRAELI SOLDIERS MISSING suant to section 2(b). ESHOO to remedy the inexcusable situation we (b) SUBSEQUENT REPORTS.—Not later than have now, where we screen low-income IN ACTION 15 days after receiving from any source any women for breast cancer, but then are unable Mr. GILMAN. Mr. Speaker, I move to additional information relating to the indi- to provide timely treatment when the condition suspend the rules and pass the bill viduals described in section 2(a), the Sec- is discovered. (H.R. 1175) to locate and secure the re- retary of State shall prepare and submit to This legislation provides States the option to the committees described in subsection (a) a turn of Zachary Baumel, an American written report that contains such additional provide that treatment under Medicaid. citizen, and other Israeli soldiers miss- It is a bill that has broad support, both in- information. ing in action, as amended. (c) FORM OF REPORTS.—A report submitted side and outside the Congress. Yet we have The Clerk read as follows: under subsection (a) or (b) shall be made held no hearings on this bill in subcommittee. H.R. 1175 available to the public and may include a We have no schedule to mark it up. classified annex. If we did act to bring this bill to the House Be it enacted by the Senate and House of Rep- resentatives of the United States of America in The SPEAKER pro tempore. Pursu- floor, I feel certain it would enjoy the same Congress assembled, ant to the rule, the gentleman from broad support as the resolution we have be- SECTION 1. CONGRESSIONAL FINDINGS. New York (Mr. GILMAN) and the gen- fore us today. The Congress finds that— tleman from California (Mr. LANTOS) So while I commend Mr. BILIRAKIS for his ef- (1) Zachary Baumel, a United States cit- each will control 20 minutes. forts on the prostate cancer resolution, I also izen serving in the Israeli military forces, The Chair recognizes the gentleman hope we will soon again be on this House has been missing in action since June 1982 from New York (Mr. GILMAN). floor discussing the imminent passage of when he was captured by forces affiliated Mr. GILMAN. Mr. Speaker, I yield H.R. 1070. The women of America suffering with the Palestinian Liberation Organiza- myself such time as I may consume. from breast cancer deserve no less. tion (PLO) following a tank battle with Syr- ian forces at Sultan Ya’akub in Lebanon; GENERAL LEAVE Mr. ACKERMAN. Mr. Speaker, I rise to ex- (2) Yehuda Katz and Zvi Feldman, Israeli Mr. Speaker, I ask unanimous con- press my strong support for H. Res. 211, citizens serving in the Israeli military sent that all Members may have 5 leg- which underscores our nation’s support for forces, have been missing in action since islative days within which to revise prostate cancer research and testing. All too June 1982 when they were also captured by and extend their remarks on this meas- often, men and their families remain silent these same forces in a tank battle with Syr- ure. about this deadly disease, which will claim the ian forces at Sultan Ya’akub in Lebanon; The SPEAKER pro tempore. Is there lies of an estimated 37,000 individuals this (3) these three soldiers were last known to be in the hands of a Palestinian faction objection to the request of the gen- year alone. tleman from New York? It is critical that our nation starts to talk splintered from the PLO and operating in Syrian-controlled territory, thus making There was no objection. about prostate cancer in order to increase our this a matter within the responsibility of the Mr. GILMAN. Mr. Speaker, this awareness about early testing and treatment Government of Syria; measure before us today, H.R. 1175, is options. We in the Congress took an important (4) diplomatic efforts to secure the release on behalf of three Israeli MIAs, one of step in fighting this condition by providing of these individuals have been unsuccessful, whom, Zachary Baumel, is a dual Medicare coverage for the prostate specific although PLO Chairman Yasser Arafat deliv- American-Israeli national. antigen blood test (PSA) and the digital rectal ered one-half of Zachary Baumel’s dog tag to I want to thank the gentleman from exam (DRE). I, along with a bipartisan group Israeli Government authorities; and (5) in the Gaza-Jericho agreement between California (Mr. LANTOS) for sponsoring of House members recently urged HCFA to this measure. I have worked closely, as implement coverage for these procedures in the Palestinian Authority and the Govern- ment of Israel of May 4, 1994, Palestinian of- has the gentleman from California (Mr. the most timely manner possible. By providing ficials agreed to cooperate with Israel in lo- LANTOS), with the Baumel, the Feld- this critical coverage, we can save the lives of cating and working for the return of Israeli man and the Katz families since 1983 thousands of men, while saving Medicare a soldiers missing in action. trying to locate and to secure the re- substantial amount of funding. SEC. 2. ACTIONS WITH RESPECT TO MISSING SOL- turn of sons from the battle of Sultan We can also provide real hope for the DIERS. Yakub in Lebanon’s Bekaa Valley in 180,000 men who are estimated to be diag- ONTINUING OMMUNICATION WITH ER (a) C C C - 1982 while they were engaged against nosed with prostate cancer by investing in re- TAIN GOVERNMENTS.—The Secretary of State Syrian forces. search. We still have a long way to go before shall continue to raise the matter of Zachary It has been a long 17 years since we really understand the risk factors associ- Baumel, Yehuda Katz, and Zvi Feldman on those Israeli soldiers faced Syrian ated with the disease. It is my hope that the an urgent basis with appropriate government forces in Lebanon’s Bekaa valley on National Institutes of Health and other Federal officials of Syria, Lebanon, the Palestinian Authority, and with other governments in June 11, 1982. These soldiers were de- agencies will continue their groundbreaking re- the region and elsewhere that, in the deter- clared missing on that day, and all ef- search into this disease. mination of the Secretary, may be helpful in I ask all of my colleagues to join me in sup- forts since then, which have spanned locating and securing the return of these sol- the globe, have not brought them back porting this important resolution, which clearly diers. to their families. states our commitment to treating and eventu- (b) PROVISION OF ECONOMIC AND OTHER AS- Mr. and Mrs. Baumel deserve an- ally curing this terrible disease. SISTANCE TO CERTAIN GOVERNMENTS.—In de- Mr. BROWN of Ohio. Mr. Speaker, I ciding whether or not to provide United swers, as do the Feldman and Katz yield back the balance of my time. States economic and other forms of assist- families. I want to acknowledge Mr. Mr. PITTS. Mr. Speaker, I have no ance to Syria, Lebanon, the Palestinian Au- and Mrs. Baumel, who are with us further requests for time, and I yield thority, and other governments in the re- today to witness House consideration back the balance of my time. gion, and in deciding United States policy of this measure on behalf of their son The SPEAKER pro tempore. The toward these governments and authorities, and his military colleagues. They have the President should take into consideration been tireless in their quest to obtain question is on the motion offered by the willingness of these governments and au- the gentleman from Florida (Mr. BILI- thorities to assist in locating and securing their son’s release or information with RAKIS) that the House suspend the rules the return of the soldiers described in sub- regard to their son. and agree to the resolution, House Res- section (a). Accordingly, H.R. 1175 emphasizes olution 211. SEC. 3. REPORTS BY SECRETARY OF STATE. the importance which Congress places The question was taken; and (two- (a) INITIAL REPORT.—Not later than 90 days on helping these families locate their thirds having voted in favor thereof) after the date of the enactment of this Act, sons. We hope the State Department

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appreciates the priority that we have numbers of American hostages held by California, Representative TOM LANTOS. I am given to this critical humanitarian various Palestinian and Arab terrorist proud to be one of 91 cosponsors of this im- issue. groups and governments, and the portant bipartisan initiative, which will help to It reflects language that has been ne- Israeli government played a pivotal locate and secure the return of Zachary gotiated with the State Department role in the release of these hostages, Baumel, an American citizen, and other Israeli which requires the Department of including Terry Anderson. It is only soldiers missing in action. State to raise the missing in action of appropriate that we now do the same The United States has a unique responsi- Zachary Baumel, Yehuda Katz, and Zvi thing for Israel that they did for us. bility to ensure the security of Israel—a stead- Feldman with appropriate government This bill calls on our State Depart- fast ally and strategic partner in democracy. officials of Syria, Lebanon and the Pal- ment to do everything in its power in The United States also has an unquestionable estinian Authority. contacting all the relevant govern- responsibility to secure the well-being of its This measure also requires our Na- ments and other groups in the region citizens when possible, no matter where they tion to raise the issue with other gov- to obtain the release of these three may be located. ernments which may be helpful in lo- young men who have been imprisoned Zachary Baumel is an American citizen. He cating and securing the return of these for 17 long years. The time is long over- has been missing since 1982, when he was soldiers. due to bring their nightmare and the captured following a tank battle with Syrian H.R. 1175 also requires a written re- anguish of their families to an end. forces at Sultan Ya’ akub in Lebanon. At the port and follow-up action from the De- We Americans know all too well, Mr. time, Mr. Baumel was serving in the Israeli partment of State to the Congress. Speaker, the bitter legacy of missing military. It is important to note that Mr. The legislation further notes that soldiers and prisoners of war. That leg- Baumel’s service in Israel at no time altered our Nation should take into consider- acy can haunt a Nation, and it inter- his status as an American citizen. ation the willingness of regional gov- feres with the effort of building new I feel strongly that the United States should ernments to assist in locating and se- and better relations with the countries make every effort to secure information as to curing the return of these soldiers that are involved. At a time when the whereabouts of Zachary Baumel as well when reviewing U.S. financial assist- Israel has a new government, at a time as insist upon his release. I also would hope ance programs. when there is new consideration being that the United States would support efforts Regrettably, despite the fact that the given to Syrian-Israeli negotiations made by Israel to secure the release of Zvi Syrian government is in a position to and the achievement, at long last, of Feldman and Yehuda Katz, two Israeli citizens assist with this investigation, appeals peace between those two nations, I be- who served in the Israeli military and were made to President Hafiz al-Assad has lieve it is incumbent on Mr. Asaad, captured along with Zachary Baumel at Sultan gone unanswered. Moreover, inquiries President of Syria, and all other lead- Ya’ akub in Lebanon. to PLO Chairman Yasser Arafat have ers in the region to deal with the issue Yasser Arafat of the PLO provided evidence met with a dead end. of these three young men who have to Israeli government officials that Zachary Nonetheless, Congress continues to been languishing in prisons for 17 Baumel was alive and that Mr. Arafat had in- be extremely concerned about the lack years. formation as to his whereabouts. In the Gaza- of resolution of these cases and wants In 1993, Mr. Speaker, Yasser Arafat Jericho agreement reached between the Pal- to make certain that the administra- conveyed to the late Prime Minister estinian Authority and the Israeli government, tion utilizes all of our available ave- Rabin half of the dog tag of one of Palestinian officials agreed to cooperate with nues in order to return these men to these young men. We have had con- Israel in locating and working for the return of their families. This is evidenced by the stant indications over the years that Israeli soldiers missing in action. Five years fact that H.R. 1175 has now been co- these three young men are alive and in have passed since the Gaza-Jericho agree- sponsored by almost 100 Members of prison. The time has come to put an ment and Zachary Baumel, Yehuda Katz, and this body. end to their incarceration and suffering Zvi Feldman are still missing. Accordingly, Mr. Speaker, I urge our and to allow their families to be re- I urge my colleagues to support this bipar- colleagues to strongly support H.R. united with them. tisan bill. It is imperative that the U.S. Depart- 1175, as amended. I want to pay particular tribute, Mr. ment of State raise the issue of Zachary Mr. Speaker, I reserve the balance of Speaker, to the parents of Zachary Baumel, Zvi Feldman, and Yehuda Katz on an my time. Baumel, Miriam and Yona Baumel, urgent basis with the appropriate government Mr. LANTOS. Mr. Speaker, I yield who are sitting in the gallery today. As officials which may be helpful in locating and myself such time as I may consume. a parent myself, I do not think I can securing the return of these soldiers. The First I want to pay tribute to the dis- fully appreciate the 17-year ordeal they United States government must remain vigilant tinguished chairman of the Committee have endured. They have worked tire- in its efforts to locate these brave soldiers, on International Relations for his out- lessly on behalf of their son and the who have been missing for more than 17 standing leadership on this very impor- other two soldiers. They have visited years. tant issue. I also want to thank over communities across this Nation. They Mr. WEXLER. Mr. Speaker, I rise in strong 100 of my colleagues across the polit- have met with countless Members of support of H.R. 1175, introduced by Congress- ical spectrum who have chosen to co- this House and of the Senate. I hope man Lantos. sponsor my legislation. and pray that at long last their heroic Mr. Chairman, for seventeen years, the fate efforts on behalf of these three young of three missing Israeli soldiers has remained 1500 b men will come to a fruitful conclusion. a mystery that has haunted their families and Mr. Speaker, I want to associate my- I also want to applaud the efforts of their nations. self fully with the remarks of the gen- the International Coalition for Missing On June 11, 1982, Zachary Baumel, a dual tleman from New York (Mr. GILMAN), Israeli Soldiers for spearheading the U.S.-Israeli citizen, Yehuda Katz, and Zvi and I would like to add a few thoughts. grassroots effort to bring this bill to Feldman were captured in northeastern Leb- In 1991, our ambassador to Israel, the passage. anon, in a battle with Syrian and Palestinian distinguished ambassador, William Mr. Speaker, I reserve the balance of forces. The PLO had custody of the three sol- Brown, wrote a letter to the Israeli Co- my time. diers for the first year and a half of their cap- ordinator for Lebanese Affairs, and I ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE tivity. When a pro-Syrian faction split with the would like to quote from that letter: The SPEAKER pro tempore (Mr. PLO, they took the three Israeli soldiers with ‘‘Without the statesmanship that PEASE). The Chair reminds all Members them and their whereabouts are unknown. Israel demonstrated, I do not believe to refrain from references to visitors in The Syrian government currently claims that we would be celebrating so soon the gallery. they have no knowledge concerning the fate the release of all American hostages.’’ Ms. SCHAKOWSKY. Mr. Speaker, I rise of the soldiers. However, western journalists This is the time, Mr. Speaker, as my today in strong support of H.R. 1175, a bill in- and Syrian radio reported that the three sol- colleagues will recall, that there were troduced by my distinguished colleague from diers were paraded through Damascus several

VerDate jul 14 2003 14:20 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00018 Fmt 0688 Sfmt 9920 E:\BR99\H22JN9.000 H22JN9 13834 CONGRESSIONAL RECORD—HOUSE June 22, 1999 hours after they were captured. Three weeks Lebanon and the Palestinian Authority with the hoods, as well as provides jobs that yield in- later, on July 4, 1982, the Syrian secret police intention of securing the return of these pris- come to support families and nurture self-re- delivered four bodies for burial to the Jewish oners of war if possible. This is a worthy spect; Whereas over 100 bipartisan Members of cemetery in Damascus claiming they were the cause and I urge my colleagues to support Congress have cosponsored H.R. 815, the bodies of the Israeli soldiers. The Syrians also this important measure. American Community Renewal Act, which provided name tags, which Israeli intelligence Mr. GILMAN. Mr. Speaker, I have no targets the 100 poorest communities in the sources reported were supplied by the PLO’s requests for time, and I reserve the bal- Nation for pro-growth tax benefits, regu- Fatah faction. Fifteen months later, the Red ance of my time. latory relief, brownfields cleanup, and home- Cross exhumed the four graves, finding only Mr. LANTOS. Mr. Speaker, I have no ownership opportunities that combine to cre- one Israeli body. more requests for time, and I yield ate jobs, hope, and a sense of community; The most recent evidence which indicates back the balance of my time. Whereas the President and the Vice Presi- that Zachary Baumel may still be alive came Mr. GILMAN. Mr. Speaker, I yield dent, along with congressional organizations back the balance of my time. such as the Renewal Alliance, have recog- from PLO leader Yasser Arafat. In 1993, nized the importance of community renewal Arafat delivered half of Zachary Baumel’s dog The SPEAKER pro tempore. The and have recently promoted strategies de- tags to Israeli officials. Chairman Arafat prom- question is on the motion offered by signed to rebuild communities to empower ised that more information was forthcoming, the gentleman from New York (Mr. faith-based organizations on the front lines but it was never received. As recently as GILMAN) that the House suspend the of renewal in our country; and 1997, information has been obtained that rules and pass the bill, H.R. 1175, as Whereas a concerted effort to empower Baumel, along with two other men, may still amended. community institutions, encourage commu- be in custody in Lebanon. The question was taken. nity renewal, and implement educational reform will help those who reside in inner cit- With the resumption of the Middle East Mr. LANTOS. Mr. Speaker, on that I demand the yeas and nays. ies and distressed rural communities to gain peace process, the State Department should their share of America’s prosperity: Now, urge the Syrian and Lebanese governments, The yeas and nays were ordered. therefore, be it along with Chairman Arafat, to secure informa- The SPEAKER pro tempore. Pursu- Resolved, That the House of Representa- tion that will resolve the fate of the missing ant to clause 8, rule XX and the Chair’s tives— soldiers. The State Department should com- prior announcement, further pro- (1) extends gratitude to the private non- municate to these governments that their will- ceedings on this motion will be post- profit organizations and volunteers whose poned. commitment to meet human needs in areas ingness to assist efforts in the search for the of poverty is key to long-term renewal of missing soldiers will be considered among f urban centers and distressed rural commu- other factors in the provision of future eco- COMMUNITY RENEWAL THROUGH nities; nomic and foreign assistance. COMMUNITY- AND FAITH-BASED (2) seeks to empower the strengths of The plight of the missing soldiers was ORGANIZATIONS America’s communities, local leaders, and brought to my attention by Miriam and Yona mediating institutions such as its families, Baumel, who have asked me to help find more Mr. SOUDER. Mr. Speaker, I move to schools, spiritual leaders, businesses and information concerning their son and the other suspend the rules and agree to the reso- nonprofit organizations; missing soldiers and to secure their return. lution (H. Res. 207) expressing the sense (3) should work to empower community- of the House of Representatives with and faith-based organizations to promote ef- They believe, as I do, that the soldiers may fective solutions to the social, financial, and still be alive. One cannot imagine the pain of regard to community renewal through community- and faith-based organiza- emotional needs of urban centers and rural uncertainty and fear they have felt for the past communities, and the long-term solutions to 17 years waiting to hear about the fate of their tions. the problems faced by our culture; and son. The Clerk read as follows: (4) should work with the Senate and the I urge my colleagues to support House Res- H. RES. 207 President to support a compassionate grass- olution 1175. The three missing Israeli soldiers Whereas, while the steady economic roots approach to addressing the family, eco- are the longest held hostages in the Middle growth and low inflation in the United nomic, and cultural breakdown that plagues many of our Nation’s urban and rural com- East, and it is time that they are released to States has yielded unprecedented prosperity, many American citizens have not benefited munities. return to their families. from this prosperity and continue to be The SPEAKER pro tempore. Pursu- Mr. FORBES. Mr. Speaker, I rise in support socioeconomically disadvantaged; ant to the rule, the gentleman from In- of H.R. 1175, a bill authorizing an investigation Whereas millions of our fellow citizens who diana (Mr. SOUDER) and the gentleman into the disappearance of Zachary Baumel. live in the inner cities and rural commu- from Illinois (Mr. DAVIS) each will con- Zachary Baumel, an American citizen who nities continue to be plagued by social breakdown, economic disadvantage, and edu- trol 20 minutes. was serving in the Israel Defense Forces, was The Chair recognizes the gentleman captured alive along with two of his colleagues cational failure that fosters hopelessness and despair; from Indiana (Mr. SOUDER). in June 1982 following a tank battle against Mr. SOUDER. Mr. Speaker, I yield Syrian and terrorist forces during the course of Whereas our most intractable pathologies—crime, drug addiction, teen myself such time as I may consume. Operation Peace for Galilee. It is believed that pregnancy, homelessness, and youth vio- Mr. Speaker, I rise in support of H. they were captured by forces affiliated with the lence—are each being addressed by small, Res. 207 which recognizes a significant Palestine Liberation Organization and subse- and sometimes unrecognized, community- or role that neighborhood community-and quently transferred to a splinter group of the faith-based organizations, whose expertise faith-based organizations are playing PLO. Since June of 1982, the world has heard should not be ignored; in the renewal and empowerment of nothing from Zachary Baumel. Whereas these nonprofit organizations struggling families and communities Mr. Speaker, this is a cruel fate indeed. have local experts who are moving individ- around this country. Today we want to Zachary Baumel’s parents have had to live uals from dependency to self-sufficiency and restoring the lives of men, women, and fami- commend and extend our gratitude to with their son’s missing in action status, know- lies across the country; the private nonprofit organizations and ing full well that he might be alive and well in Whereas many community- and faith-based volunteers whose commitment to some prison cell in Lebanon or Syria. They organizations are offering the American pub- meeting human needs compassionately cannot mourn because they can’t be sure that lic a new vision of compassion, designed to and effectively in areas of poverty is he is dead, only that he is missing. encourage volunteerism, strengthen the key to the long-term renewal of our It is for this reason, to end the suffering of community, and care for the poor and vul- urban centers and distressed world the Baumel family and to restore their son to nerable; communities. their care, that this bill has been introduced. Whereas private sector investment in cap- It is the strength of mediating insti- ital development—social and economic—in The bill would require that the State Depart- the most poverty stricken pockets across the tutions such as families, churches, ment investigate the circumstances sur- country is key to long-term renewal of urban schools, nonprofit organizations, local rounding the capture of Zachary Baumel and centers and distressed rural communities; leaders and businesses which empower his colleagues and initiate discussions at the Whereas economic growth attracts new individuals and communities. These highest levels with the governments of Syria, businesses, provides stability to neighbor- are the unsung heroes in my district

VerDate jul 14 2003 14:20 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00019 Fmt 0688 Sfmt 0634 E:\BR99\H22JN9.000 H22JN9 June 22, 1999 CONGRESSIONAL RECORD—HOUSE 13835 and throughout the country that are ment can be a partner rather than a the rules of behavior devised by the or- making the difference in the lives of hindrance in a barrier to renewed com- ganizations that are religious in con- people. munities. tent and origin. As a renewal alliance, our desire is to I urge the support for this resolution Thus, as proposed, the American eliminate barriers which may hinder to commend and thank all those un- Community Renewal Act would au- the effective community building work sung heroes throughout this country thorize the use of taxpayer funds to di- of these groups. We can assist legisla- who are working to restore hope to all rectly coerce government beneficiaries tively by helping lessen the tax on reg- segments of American society. to practice certain religious beliefs, ulatory burdens on our most distressed Mr. Speaker, I reserve the balance of and it does so without adequately noti- communities as H.R. 815, the American my time. fying participants that they have a Community Renewal Act, does in a bi- The SPEAKER pro tempore. Without right to seek nonreligious services. In partisan manner with a hundred co- objection, the gentleman from Virginia addition, it would allow faith-based or- sponsors, including 19 Democrats. (Mr. SCOTT) will control 20 minutes ganizations to engage in employment We can also seek to empower char- pursuant to the rule. discrimination based on religion, with ities and faith-based organizations There was no objection. public funds. around this country by providing a Mr. SCOTT. Mr. Speaker, I yield my- Now title VII of the 1964 Civil Rights level playing field so that they can also self such time as I may consume. Act provides for a specific exemption compete for government funds when Mr. Speaker, I support the notion for religious organizations from the they are providing services which the that faith-based organizations should prohibition against discrimination on government is contracting out. Just be able to receive Federal funds where the basis of religion and private employment. For example, a church in last week, the House of Representa- constitutionally appropriate to provide hiring the minister can require the tives extended this principle of reli- services for individuals in need. We all minister to have to belong to that par- gious nondiscrimination in charitable recognize the contributions that these ticular religion, but this exemption has choice to juvenile justice programs by organizations have made. Some of never been applied to employees of them, in fact, do a better job than an overwhelming bipartisan vote of 346 Federal programs sponsored by a reli- other nonprofits that are not reli- to 83. giously affiliated organizations. This principle has been in law since giously affiliated. As proposed, H.R. 815, in 815 those or- 1996 when we passed it in welfare re- But while I support the underlying ganizations who are receiving Federal form and more recently in 1998, when premise of H. Res. 207, and recognizing funds may deny, for example, drug we included it in the Community Serv- the contributions that faith-based or- counselors’ employment based on their ices Block Grant Reauthorization. It ganizations have made, I take issue religion. For example, this bill allows may not be as glamorous or as news- with the reference in the resolution, in an exemption as follows: Quote, a reli- worthy as our debates on guns and/or H.R. 815, the American Community Re- gious organization that is a program the Ten Commandments, but the fact newal Act. This legislation presents participant may require that an emis we have been moving ahead system- considerable policy and constitutional ployee rendering services adhere to, A, atically over a number of years of ex- issues relating to faith-based organiza- the religious beliefs and practices of panding charitable choice. tions. that organization, and B, the rules of Another way that we can help these Mr. Speaker, under current law, reli- the organization regarding the use of community builders is by encouraging giously affiliated organizations such as alcohol. This means that a federally charitable donations to these effective Catholic Charities or Lutheran Serv- funded drug program sponsored by a re- charities. I have my own legislation ices in America and the United Jewish ligiously affiliated organization could which encourages giving to charities in Communities are generally permitted for the first time since we had mean- general, the Giving Incentive and Vol- to provide social services with govern- ingful civil rights laws say that drug unteer Encouragement Act which in- ment funds so long as the program re- counselors of other religions need not creases the charitable deduction 120 ceiving the funds is not pervasively apply. percent of individuals’ contribution, al- sectarian or religiously discrimina- Beyond the considerable constitu- lows non-itemizers to once again re- tory. tional implications of this legislation ceive a deduction for charitable con- The American Community Renewal there are also several serious policy tributions, eliminates the cap on how Act is a dramatic and extreme depar- concerns that should be mentioned. Of much people can give and deduct, and ture from current law as it seeks to particular note is the concern that the extends the charitable contribution fund pervasively sectarian organiza- legislation would override State licens- deadline to April 15. tions to administer substance abuse ing and certification of drug and alco- This House can also encourage State benefits on behalf of the government. hol treatment counselors. charity tax credits, as we did in the Pervasively sectarian programs are Additionally, there is an inclusion of Community Services Block Grant those defined by the United States Su- an absolutely absurd congressional where we gave flexibility—the gen- preme Court in which, and I quote, reli- finding that, quote, formal educational tleman from Ohio (Mr. KASICH) in H.R. gion is so pervasive that a substantial qualifications for counselors and other 1607, the Charity Empowerment Act, portion of their function is subsumed program personnel in drug treatment which I cosponsored, extends this dis- in their religious mission. programs may undermine the effective- cretion past what we did to other Fed- In various cases, the Supreme Court ness or even may hinder or prevent the eral block grants and expands the prin- has listed several criteria to be used to provision of needed drug treatment ciple of charitable choice in a manner help to determine if the program is per- services. To suggest that formal educational qualifications for counselors and addition consistent with what Vice vasively sectarian such as is it located and other personnel may be counter- President Gore. near a house of worship and abundance productive is not anything that we Not only has the leading Republican of religious symbols on the premises, have evidence to support. contender, Governor Bush, but now religious discrimination in the institu- Mr. Speaker, there is a reason why Vice President Gore, has started pro- tion’s hiring practices, the presence of we have laws separating church and moting charitable choice. States as religious activities, or the purposeful State activities. We have a long line of varied as Texas, Maryland, Indiana are articulation of religious mission. Supreme Court cases showing how this partnering with faith-based organiza- Specifically this resolution and this could be done and how it is appropriate tions in the effort to assist those legislation that is commented by the to be done. groups most able to walk alongside resolution allows providers to require those individuals in greatest need. program participants to, 1, actively b 1515 Local communities and taxpayers are participate in religious practice wor- This legislation, which references impressed with the results. Govern- ship and instruction; and 2, to follow H.R. 815, is an extreme and dramatic

VerDate jul 14 2003 14:20 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00020 Fmt 0688 Sfmt 0634 E:\BR99\H22JN9.000 H22JN9 13836 CONGRESSIONAL RECORD—HOUSE June 22, 1999 departure from that long line of cases, tions, has recognized private sector so- It is within these groups time and and for that reason the resolution lutions to poverty and despair all again that we have seen remarkable ought to be opposed. across the country. We have found transformations taking place, not only Mr. Speaker, I reserve the balance of neighborhood organizations and com- in the lives of individuals, but in their my time. munities that are efficiently solving families and in surrounding commu- Mr. SOUDER. Mr. Speaker, I yield the problems of poverty in ways that a nities. For instance, Teen Challenge of myself such time as I may consume. government-run program can only Philadelphia, a faith-based drug and al- I would like to point out for the dream of. We must realize that alcohol recovery program, has success record that we have already adopted, though there is a role for government, rates of 70 to 80 percent compared to as I said earlier, this three times; and we cannot allow it to shackle the very single-digit success rates of govern- I understand there are some differences institutions which are providing hope ment programs. Yet it is continually on the Democratic side, but the Vice to these communities. hassled and charged to have the so- President of the United States, on his That is why the Renewal Alliance called correct staffing requirements home page, on Gore 2000, actually says has developed the ‘‘Real Life’’ agenda, which existed in a State-run drug that ‘‘where faith can play a unique the legislation the gentleman referred treatment program which had single- and effective role such as drug treat- to, to strengthen social entrepreneurs digit success rates. ment.’’ He also said in his speech, ‘‘I who are changing lives and stimulating Another type of program we must believe the lesson for our Nation is economic development in our urban recognize is one like Dorothy Harrell’s clear in those instances where the centers. They primarily do it in three Abbotsford Tenant Management Asso- unique power of faith can help us meet ways: through community renewal, a ciation in Philadelphia. Dorothy, un- the crushing social challenges that are charity tax credit; through economic fortunately, cannot hire the residents otherwise impossible to meet, such as incentives, for investment in poor com- of her housing facility to perform drug addiction.’’ munities; and through educational op- maintenance tasks around the commu- So he is specifically referring to portunities for low-income children. nity because of a government labor law some of these programs where they The Great Society program, which requiring highly-paid workers from have the drug addiction. was initiated by the liberals, had its outside to come in and do simple tasks. In his longer speech, the gentleman $30 billion experiment with government That is absurd. from Virginia (Mr. SCOTT), where he programs. Let us now turn our efforts It is the goal of Renewal Alliance not was referring to pervasively sectarian, towards empowering grass-roots lead- only to bring these wrongs to light, but that is directly contrary to the Vice ers who are working to eliminate pov- to promote these ‘‘beacons of hope’’ to President’s speech where he said, ‘‘I erty. These leaders are united in a a larger community. have seen the transformative power of commitment to offering help and heal- We know that with government pro- faith-based approaches.’’ He talks ing to those in need. They have been grams, 70 percent of every dollar des- about: While I believe strongly in sepa- dedicated to meeting the physical and ignated to serve the poor goes not to ration of church and state, but freedom spiritual and emotional needs of indi- the poor, but to those who serve the of religion need not mean freedom from viduals. poor, the poverty industry. Therefore, I have made many stops to small, religion. There is a better way. He spe- there is a proprietary interest in main- nonprofit, faith-based charities in my cifically talks about an organization taining people in poverty. This is ex- district, and throughout all of my vis- where his wife practices. He says, my actly what we need to work against, its, over and over, it is confirmed to me wife, Tipper, practices her faith and and it is why we brought this impor- that those whose work springs from a sees its power through her work with tant issue to the forefront of debate heart dedicated to following a standard homeless people who come to Christ today. House. larger than themselves do not stop We as an institution, as Members, Now, if it is pervasively sectarian, in work at 5 o’clock. They do not leave must embrace the work of these fact, it would undermine the very prin- their work at work. They live it, and groups. So today, I urge and challenge ciple that both parties are backing they breath it. They are committed to Mr. Speaker, I yield 5 minutes to the helping our society’s weakest members my colleagues to support the truly gentleman from Pennsylvania (Mr. and doing the true, time-intensive compassionate and, yes, conservative approach to renewing our low-income PITTS). work of transforming lives and commu- Mr. PITTS. Mr. Speaker, I rise today nities. programs in this community. Support on behalf of House Resolution 27. Just as the character of a person is the American Community Renewal Members of this House have the dis- seen in the most precious objects of its Act, a common-sense, next step to re- tinct opportunity to join our efforts love, it has also been said that the store our cities to vibrancy. I urge sup- today and stand behind the idea of character of a nation is shown by how port of this resolution so that we can community renewal. A lot has been it treats its weakest members. Grass- take the next step towards commit- written and spoken lately about the roots, neighborhood, and community- ment to communities in this Nation. idea of ‘‘compassionate conservatism.’’ based healers are found throughout Mr. SCOTT. Mr. Speaker, could I in- Even Presidential candidates of both this Nation, and such organizations quire as to how much time we have re- parties have enjoyed extolling the suc- within the communities have the abil- maining? cess of faith-based and private institu- ity to demonstrate success within a The SPEAKER pro tempore (Mr. tions. new paradigm, which is often, although PEASE). The gentleman from Virginia Well, all of us, from both sides of the not always, a faith component. (Mr. SCOTT) has 141⁄2 minutes remain- aisle, have the opportunity to support We must look past the think tanks, ing; the gentleman from Indiana (Mr. legislation that compassionately looks past the lofty theories; we must look SOUDER) has 101⁄2 minutes remaining. out for the poor among us. Yet it does past the government programs and Mr. SCOTT. Mr. Speaker, I yield 5 this by using the resources of govern- wasted dollars. We must embrace the minutes to the gentleman from Texas ment to spur the local economy and common-sense community answers (Mr. EDWARDS). market incentives for the improvement which already exist and are already Mr. EDWARDS. Mr. Speaker, the on low-income neighborhoods and com- changing lives in our midst. They do issue before the House today is not munities. not have hefty budgets. They are whether faith-based organizations can For the last year, the Renewal Alli- places that are not quasi-government, be an effective tool in solving Amer- ance, a group of Senators and Members they are charitable in nature, and the ica’s social problems. The real question committed to assisting poor neighbor- Renewal Alliance has made it its busi- is whether, in effect, an unconstitu- hoods through civic and legislative so- ness to seek out these kinds of solu- tional direct funding of churches, syna- lutions and nongovernmental solutions and promote them. gogues, mosques and other houses of

VerDate jul 14 2003 14:20 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00021 Fmt 0688 Sfmt 0634 E:\BR99\H22JN9.000 H22JN9 June 22, 1999 CONGRESSIONAL RECORD—HOUSE 13837 religion would empower faith-based or- by the organization that are religious Mr. SOUDER. Mr. Speaker, I yield ganizations or shackle them with Fed- in content or origin.’’ myself such time as I may consume. eral regulations. Is that in the bill? I think it is fair to point out that in I am going to put aside my prepared Mr. EDWARDS. Mr. Speaker, that is the Civil Rights Act there are also remarks and ask the gentleman from in the bill. And reclaiming my time, rights for those who want to practice Pennsylvania if he would allow us to the point I would make is, that direct their belief, and we should not say exchange a discussion and questions. language in the bill directly conflicts Christian counselors or Jewish coun- Since this did not go through a com- with the gentleman’s answer to my selors need not apply if they are going mittee hearing process, I think it question. to practice their faith. There is no would be very helpful if the gentleman Let me ask the gentleman another mandatory requirement to go into this would answer some questions about the question about the intent of this legis- program. The Vice President has sup- intent of this legislation, if the gen- lation and H.R. 815, which he is supported this. This House has supported a tleman from Pennsylvania (Mr. PITTS) porting. similar provision in a welfare reform would allow me to have that exchange. Under this legislation, would a Chris- and social services block grant and now Now, if I could ask the gentleman, tian organization that has won a grant in juvenile justice. under this bill, and H.R. 815 which it program for alcohol and drug abuse Mr. Speaker, I yield 5 minutes to the supports, it says, the program can basi- programs be able to take Federal funds gentleman from Illinois (Mr. DAVIS). cally require a participant in a drug to hire and fire employees, and could it Mr. DAVIS of Illinois. Mr. Speaker, and alcohol abuse program to, quote, then refuse to hire an employee, a per- let me, first of all, thank the gen- ‘‘actively participate in religious prac- fectly qualified employee, because that tleman from Indiana for yielding me tice, worship and instruction, and fol- person is Jewish? this time. low rules of behavior devised by the or- Mr. SOUDER. Mr. Speaker, will the Mr. Speaker, I rise in support of this ganizations that are religious in con- gentleman yield? important resolution. I do so because tent and/or origin.’’ Mr. EDWARDS. I yield to the gen- despite the rosy vision of our economy, Now, if a Wiccan organization, tleman from Indiana. which some believe has brought pros- Wiccan organization were to win a drug Mr. SOUDER. Mr. Speaker, the fun- perity to all Americans, the fact re- and alcohol abuse grant funding pro- damental underlying answer to your mains that millions of Americans are gram for the Federal Government, can question is nobody is required to go to unemployed, are underemployed. De- I ask, could a Christian participant in this program, there is an opt-out provi- cent jobs and other economic opportu- that Wiccan program be forced to par- sion; and the answer is, yes, the integ- nities are desperately needed in low-in- ticipate in a religious ceremony hon- rity of the hiring organization, a Jew- come, cash-strapped communities. oring the sun or the moon? ish organization can fire a Protestant If the future looks bright for some, I would like to ask the author of the if they chose. there are millions of others who obvi- legislation, since only can we know by Mr. EDWARDS. Mr. Speaker, re- ously are not looking through that hearing from the author of the legisla- claiming my time, I appreciate the same lens. The fact of the matter is tion, what the intent of this important gentleman admitting that under this that in my congressional district, in legislation is that goes to the heart of legislation, we are going to endorse for the Seventh District of Illinois, there the very idea and principle of the first the first time perhaps in this country’s are 175,000 people who live at or below amendment of the Constitution. history federally-funded job discrimi- the poverty level. Mr. SOUDER. Mr. Speaker, will the nation based on race, sex, religion, That is why, Mr. Speaker, I and 100 gentleman yield? marital status. other Members of this body have joined Mr. EDWARDS. I yield to the gen- I think that would be as good of an in sponsoring the American Commu- tleman from Indiana for an answer to argument as I could make against this nity Renewal Act, H.R. 815. that question. legislation. Mr. Speaker, community economic Would a Christian under the gentle- Mr. SCOTT. Mr. Speaker, will the development requires one to examine man’s legislation and H.R. 815 who is gentleman yield? the reality of one’s community, includ- participating in a program run by the Mr. EDWARDS. I yield to the gen- ing the economic and social activities Wiccans be forced to participate in a tleman from Virginia. of its residents, small businesses and Wiccan religious service? Mr. SCOTT. Mr. Speaker, did I under- other organizations. Traditionally, Mr. SOUDER. Mr. Speaker, the an- stand the gentleman to say that if one government agencies often use tax in- swer is no. Clearly, there will be mat- church ran a drug counseling program, centives and regulations to attract ters of interpretation. In most of these that they could have a sign on their large businesses. That is because many laws, we have specifically that one can- door that said Jewish drug counselors Members think big business brings not use specific religious indoctrina- need not apply for a job under a feder- prosperity. This thinking has resulted tion, but one does not have to change ally-funded program? in destructive competition among the character of the program. Mr. EDWARDS. Mr. Speaker, the an- States and local areas to attract and For example, religious people can swer is absolutely. Absolutely. retain these businesses. teach it; a priest could be in a collar, Mr. Speaker, reclaiming my time, I you could have religious symbols in the think this point, these answers to b 1530 room. these fundamental questions are an ex- The fact of the matter is only so Mr. SCOTT. Mr. Speaker, will the ample of why it is a poor reflection many large businesses and corpora- gentleman yield? upon this House that an issue as impor- tions exist to go around. Not every Mr. EDWARDS. I yield to the gen- tant as religious freedom is defended community can have one. However, tleman from Virginia. by the first 16 words of the Bill of every community has a family-owned Mr. SCOTT. Mr. Speaker, I would ask Rights. The last two times this was de- and operated small business. Every the gentleman, if on page 75, line 23, bated it was debated at 12 a.m. and 1 community has a church that actively the American Community Renewal Act a.m. respectively, and today it is de- participates in the lives of its people. says, ‘‘A religious organization that is bated during a suspension calendar. ACRA directs government support to a program participant may require a Maybe that is appropriate. We are sus- these valued resources, holding onto program beneficiary who is elected to pending the religious freedoms guaran- the idea that community residents receive program services from the or- teed by the first amendment of the Bill should be the first people to benefit. ganization; one, can require them to of Rights under the suspension cal- This is no absolute panacea, but I can actively participate in religious prac- endar today. This deserves more con- tell the Members, in spite of all the tice, worship and instruction; and two, sideration, and this measure should be conversations that we hear, there are to follow the rules of behavior devised defeated. communities all across America that

VerDate jul 14 2003 14:20 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00022 Fmt 0688 Sfmt 0634 E:\BR99\H22JN9.000 H22JN9 13838 CONGRESSIONAL RECORD—HOUSE June 22, 1999 are dying on the vine because they can- employers providing social services to ment programs around the country has testi- not get the resources into those com- discriminate on the basis of a person’s fied before the House Small Business Com- munities to the people who need them. religious tenets or beliefs. mittee saying, ‘‘The silver bullet of the suc- While I strongly believe in the First There are many religious institutions cess of faith based substance abuse programs is staff composed of men and women who Amendment, while I strongly believe in providing good and worthwhile social have themselves overcome addictions and the separation of church and State, I services to people in need throughout can establish a basis of trust and openness am not convinced that by allowing pro- our Nation. These groups and institu- necessary for addicts to be freed from their grams to be operated by individuals tions are to be applauded. But as a gov- habits.’’ who have Christian principles, who be- ernment and as a Nation, we should not Objection 3: Advancing these faith-based lieve in certain values and are willing violate the separation of church and programs is an untested idea even according to espouse those, as it has already been State. It has guided our country for to a GOP commissioned GAO report: Faith-based programs work. According to indicated, Mr. Speaker, there is an opt- more than 220 years. Our forefathers in the National Institute on Drug Abuse, faith- out provision, and this program does their wisdom devised a system of gov- based programs have a 60–80% cure rate. In not require or this legislation does not ernment that protects the religious lib- sharp contrast, a RAND Corporation issued a require anyone to come into any pro- erty of all Americans. This Congress report showing conventional treatment program. That would be established. should do nothing to undermine this grams have only a 6–13% success rate. However, it does allow programs that great system of our great Constitution. In addition to being more successful, faith- have proven to be effective where in Mr. Speaker, I urge my colleagues to based programs are almost always cheaper. addition to the professional modalities defeat House Resolution 207. Teen Challenge in PA spends only $25 to $35 Mr. SOUDER. Mr. Speaker, I yield a day compared with $600 a day for conven- that are used people also inject faith tional, therapeutic hospital-based care. into them. myself such time as I may consume. Objection 4: ACRA forces religion on peo- So with all due respect to my col- Mr. Speaker, nothing in this legisla- ple: leagues who see this differently, it is tion requires anybody to be saved or to ACRA forces religion on no one. It only my hope, my desire, and my wish that participate in any program. In other makes highly successful programs accessible we would support this resolution, that words, there is an opt-out provision. I to more people. we would support the American Com- believe it will unleash the incredible The language is very clear that the indi- influence and power of the African- vidual makes the choice of where to get the munity Renewal Act, and give an addi- treatment—not the state. Even if they are tional tools to those communities that American church in America. The His- not happy with their choice, addicts can nobody else has found a way to save. panic churches are actually very effec- leave the program and use their voucher at Mr. SCOTT. Mr. Speaker, I yield 3 tive at the grass roots level. another program at anytime. minutes to the gentleman from Geor- Mr. Speaker, I include the following Objection 5: H.R. 815 allows for faith-based gia (Mr. LEWIS). material for the Record: programs to discriminate against hiring peo- Mr. LEWIS of Georgia. Mr. Speaker, THE AMERICAN COMMUNITY RENEWAL ACT ple with different religious backgrounds: Doesn’t it make sense that a church can I want to thank my friend and col- ANSWERS TO OBJECTIONS RAISED TO FAITH have the ability to pick their staff based on BASED DRUG TREATMENT PROVISIONS ON THE league for yielding time to me. their religious beliefs? If that is a part of AMERICAN COMMUNITY RENEWAL ACT (H.R. 815) Mr. Speaker, I rise today to express their recipe for success, then they should be my strong opposition to House Joint Objection 1: It’s Unconstitutional—it vio- able to hire those that believe. Resolution 207. While this resolution is lates the separation of church and state: Essentially, this is no different than pub- nonbinding and sounds innocent This is untrue. Currently, two voucher pro- licly run programs discriminating against enough, the truth is that this resolu- grams have been successfully and legally im- counselors because they don’t have a mas- plemented. First, the Child Care Block grant ters degree. tion represents an assault on the sepa- was voucherized in 1993 so that parents could ration of church and State. use federal daycare dollars at the provider [From the Brookings Review, Mar. 22, 1999] The separation of church and State is they choose—religious or secular. Second, ‘‘NO AID TO RELIGION?’’ a concept that underlies our constitu- the new welfare law allows states to contract tional democracy and dates back to the out their social services to both religious or (By Ronald J. Sider and Heidi Rolland Unruh) founding of our great Nation. On the non-religious providers. walls of the Jefferson Memorial are in- ACRA’s drug treatment provision is the As government struggles to solve a con- founding array of poverty-related social scribed these words: No man shall be same. It voucherizes the Substance Abuse Block grant and other treatment block problems—deficient education, un- and compelled to frequent or support any grants and allows the addict to decide where underemployment, substance abuse, broken religious worship or ministry or shall to use the voucher. families, substandard housing, violent crime, otherwise suffer on account of his reli- The Court has ruled that as long as the inadequate health care, crumbling urban in- gious opinion or belief.’’ Yet, House voucher recipient has a choice among pro- frastructures—it has turned increasingly to Joint Resolution 207 endorses a law viders both religious and non-religious and the private sector, including a wide range of which would compel a citizen through the participant makes the decision, then the faith-based agencies. As described in Stephen his tax dollars to do just that. choice is Constitutional. Monsma’s When Sacred and Secular Mix, Consider it this way: If you oppose this public funding for nonprofit organizations The American Community Renewal provision of ACRA, you oppose Pell Grants. with a religious affiliation is surprisingly Act, which this resolution endorses, With a Pell Grant, students use this federal high. Of the faith-based child service agen- would change current law and allow grant money to attend Notre Dame, Provi- cies Monsma surveyed, 63 percent reported the beneficiaries of church-based social dence College, or Yeshiva University without that more than 20 percent of their budget services to be proselytized. In some raising constitutional concerns. The Sub- came from public funds. cases this could mean that getting help stance Abuse Block grants are no different. Government’s unusual openness to co- requires getting saved. Let me repeat Objection 2: There is no certification of operation with the private religious sector that again. In some cases, this could counselors in the bill: arises in part from public disenchantment Why would you exclude a program that is with its programs, but also from an increas- mean that getting help requires get- the most successful? Let’s keep our prior- ingly widespread view that the nation’s ting saved, getting saved. ities straight. What is more important—cur- acute social problems have moral and spir- That is not right. It is not fair. It is ing addicts or enforcing certification re- itual roots. Acknowledging that social prob- not just. It is not the role of or govern- quirements? lems arise both from unjust socioeconomic ment to subsidize the spread of God’s ACRA places its priorities on helping ad- structures and from misguided personal word. That is the role of the church, dicts—not on who has what credentials. choices, scholars, journalists, politicians, the synagogue, the mosque, the temple. ACRA will not allow for a program to be dis- and community activists are calling atten- The American Community Renewal criminated against if it has a high success tion to the vital and unique role that reli- rate—even if there is no formal certification gious institutions play in social restoration. Act would also appear to sanction reli- of its counselors. Though analysis of the outcomes of faith- gious discrimination against employ- Bob Woodson of the National Center for based social services is as yet incomplete, ees. This bill would override State civil Neighborhood Enterprise works with some of the available evidence suggests that some of rights laws and allow religious-based the most successful faith-based drug treat- those services may be more effective and

VerDate jul 14 2003 14:20 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00023 Fmt 0688 Sfmt 0634 E:\BR99\H22JN9.000 H22JN9 June 22, 1999 CONGRESSIONAL RECORD—HOUSE 13839 cost-efficient than similar secular and gov- strain, has recently been emerging in the Su- In the current context of extensive govern- ernment programs. One oft-cited example is preme Court. This line of reasoning—as in ment funding for a wide array of social serv- Teen Challenge, the world’s largest residen- Widmar v. Vincent (1981) and Rosenberger v. ices, limiting government funds to allegedly tial drug rehabilitation program, with a re- Rector (1995)—holds that public access to fa- ‘‘secular’’ programs actually offers pref- ported rehabilitation rate of over 70 per- cilities or benefits cannot exclude religious erential treatment to one specific religious cent—a vastly higher success rate than most groups. Although the principle has not yet worldview. other programs, at a substantially lower been applied to funding for social service In setting forth this argument, we distin- cost. Multiple studies identify religion as a agencies, it could be a precedent for defend- guish four types of social service providers. key variable in escaping the inner city, re- ing cooperation between government and First are secular providers who make no ex- covering from alcohol and drug addiction, faith-based agencies where the offer of fund- plicit reference to God or any ultimate val- keeping marriages together, and staying out ing is available to any qualifying agency. ues. People of faith may work in such an of prison. The section of the 1996 welfare reform law agency—say, a job training program that THE NEW COOPERATION AND THE COURTS known as Charitable Choice paves the way teaches job skills and work habits—but staff Despite this potential, public-private coop- for this cooperation by prohibiting govern- use only current techniques from the social erative efforts involving religious agencies ment from discriminating against nonprofit and medical sciences without reference to re- have been constrained by the current cli- applicants for certain types of social service ligious faith. Expressing explicit faith com- mate of First Amendment interpretation. funding (whether by grant, contract, or mitments of any sort is considered inappro- The ruling interpretive principle on public voucher) on the basis of their religious na- priate. funding of religious nonprofits—following ture. Charitable Choice also shields faith- Second are religiously affiliated providers the metaphor of the wall of separation be- based agencies receiving federal funding (of any religion) who incorporate little in- tween church and state, as set forth in from governmental pressures to alter their herently religious programming and rely pri- Everson v. Board of Education (1947)—is ‘‘no religious character—among other things, as- marily on the same medical and social aid to religion.’’ While most court cases have suring their freedom to hire staff who share science methods as a secular agency. Such a involved funding for religious elementary their religious perspective. Charitable program may be provided by a faith commu- and secondary schools, clear implications Choice prohibits religious nonprofits from nity and a staff with strong theological rea- have been drawn for other types of ‘‘perva- using government funds for ‘‘inherently reli- sons for their involvement, and religious sively sectarian’’ organizations. A religious’’ activities—defined as ‘‘sectarian symbols and a chaplain may be present. A re- giously affiliated institution may receive workship, instruction, or proselytization’’— ligiously affiliated job training program public funds—but only if it is not too reli- but allows them to raise money from non- might be housed in a church, and clients gious. government sources to cover the costs of any might be informed about the church’s reli- Application of the no-aid policy by the such activities they choose to integrate into gious programs and about the availability of courts, however, has been confusing. The Su- their program. Clearly, Charitable Choice de- a chaplain’s services. But the content of the preme Court has provided no single, decisive parts from the dominant ‘‘pervasively sec- training curriculum would be very similar to definition of ‘‘pervasively sectarian’’ to de- tarian’’ standard for determining eligibility that of a secular program. termine which institutions qualify for public for government funding, which has restricted Third are exclusively faith-based providers funding, and judicial tests have been applied the funding of thoroughly religious organiza- whose programs rely on inherently reli- inconsistently. Rulings attempting to sepa- tions. It makes religiosity irrelevant to the giously activities, making little or no use of rate the sacred and secular aspects of reli- selection of agencies for public-private coop- techniques from the medical and social giously based programs often appear arbi- erative ventures and emphasizes instead the sciences. An example would be a prayer sup- trary from a faith perspective, and at worst public goods to be achieved by cooperation. port group and Bible study or seminar that border on impermissible entanglement. As a At the same time, Charitable Choice protects teaches biblican principles of work for job- result of this legal confusion, some agencies clients’ First Amendment rights by ensuring seekers. receiving public funds pray openly with their that services are not conditional on religious Fourth are holistic faith-based providers clients, while other agencies have been preference, that client participation in reli- who combine techniques from the medical banned even from displaying religious sym- gious activities is voluntary, and that an al- and social sciences with inherently religious bols. Faith-based child welfare agencies have ternative nonreligious service provider is components such as prayer, worship, and the greater freedom in incorporating religious available. study of sacred texts. A holistic job training components than religious schools working THE FIRST AMENDMENT AND THE CASE FOR program might incorporate explicitly bib- with the same population. Only a few pub- CHARITABLE CHOICE lical principles into a curriculum that teach- licly funded religious agencies have been Does Charitable Choice violate the First es job skills and work habits, and invite cli- challenged in the courts, but such leniency Amendment’s non-establishment and free ex- ents to pray with program staff. may not continue. While the no-aid principle ercise clauses? Everyone agrees that public funding of holds official sway, faith-based agencies We think no. As long as participants in only the last two types of providers would must live with the tension that what the faith-based programs freely choose those constitute government establishment of reli- government gives with one hand, it can take programs over a ‘‘secular’’ provider and may gion. But if government (because of the ‘‘no away (with legal damages to boot) with the opt out of particular religious activities aid to religion’’ principle) funds only secular other. The lack of legal recourse leaves agen- within the program, no one is coerced to par- programs, is this a properly neutral policy? cies vulnerable to pressures from public offi- ticipate in religious activity, and freedom of Not really, for two reasons. First, given cials and community leaders to secularize religion is preserved. As long as government the widespread public funding for private so- their programs. is equally open to funding programs rooted cial services, if government funds only sec- The Supreme Court’s restrictive rulings on in any religious perspective whether Islam, ular programs, it puts all faith-based pro- aid to religious agencies stand in tension Christianity, philosophic naturalism, or no grams at a disadvantage. Government would with the government’s movement toward explicit faith perspective—government is not tax everyone—both religious and secular— greater reliance on private sector social ini- establishing or providing preferential bene- and then fund only allegedly secular pro- tiatives. If the no-aid principle were applied fits to any specific religion or to religion in grams. Government-run or government-fund- consistently against all religiously affiliated general. As long as religious institutions ed programs would be competing in the same agencies now receiving public funding, gov- maintain autonomy over such crucial areas fields with faith-based programs lacking ac- ernment administration of social services as program content and staffing, the integ- cess to such support. would face significant setbacks. This ambig- rity of their separate identity is maintained. Second, secular programs are not reli- uous state of affairs for public-private co- As long as government funds are exclusively giously neutral. Implicitly, purely ‘‘secular’’ operation has created a climate of mistrust designated for activities that are not inher- programs convey the message that nonreli- and misunderstanding, in which faith-based ently religious, no taxpayer need fear that gious technical knowledge and skills are suf- agencies are reluctant to expose themselves taxes are paying for religious activity. While ficient to address social problems such as to risk of lawsuits, civic authorities are con- Charitable Choice may increase interactions low job skills and single parenthood. Implic- fused about what is permissible, and mul- between government and religious institu- itly, they teach the irrelevance of a spiritual tiple pressures push religious organizations tions, these interactions do not in them- dimension to human life. Although secular into hiding or compromising their identity, selves violate religious liberty. Charitable programs may not explicitly uphold the te- while at the same time, many public officials Choice is designed precisely to discourage nets of philosophical naturalism and the be- and legislators are willing to look the other such interactions from leading to impermis- lief that nothing exists except the natural way when faith-based social service agencies sible entanglement or establishment of reli- order, implicitly they support such a include substantial religious programming. gion. worldview. Rather than being religiously Fortunately, an alternative principle of Not only does Charitable Choice not vio- neutral, ‘‘secular’’ programs implicitly con- First Amendment interpretation, which late proper church-state relations, it vey a set of naturalistic beliefs about the na- Monsma identifies as the ‘‘equal treatment’’ strengthens First Amendment protections. ture of persons and ultimate reality that

VerDate jul 14 2003 14:20 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00024 Fmt 0688 Sfmt 0634 E:\BR99\H22JN9.000 H22JN9 13840 CONGRESSIONAL RECORD—HOUSE June 22, 1999 serve the same function as religion. Vast ment to judge between religious an organization formed at the urging of the public funding of only secular programs worldviews—but this is what the no-aid prin- Vice President, he has worked to harness the means massive government bias in favor of ciple has required the courts to do. Selective best efforts of faith-based, community-based, one particular quasi-religious perspective— religious perspectives on the administration and non-profit organizations to help former namely, philosophical naturalism. of social services are deemed permissible for welfare recipients succeed in the workplace. Religiously affiliated agencies (type two), government to aid. Those who believe that His experiences with the Coalition have which have received large amounts of fund- explicitly religious content does not play a shown him that faith-based organizations ing in spite of the ‘‘no aid to religion’’ prin- central role in addressing social problems are making a difference in addressing other ciple, pose another problem. These agencies are free to act on this belief with govern- challenges that have defied attempted solu- often claim a clear religious identity—in the ment support; those who believe that spir- tions. Leaders of the new revolution of faith- agency’s history or name, in the religious itual nurture is an integral aspect of social based organizations call it ‘‘the politics of identity and motivations of sponsors and transformation are not. community.’’ some staff, in the provision of a chaplain, or The alternative is to pursue a policy that Al Gore believes government can play a in visible religious symbols. By choice or in discriminates neither against nor in favor of greater role in sustaining the quiet revolu- response to external pressures, however, litany religious perspective. Charitable Choice tion of faith and values—not by dictating so- tle in their program content and methods enables the government to offer equal access lutions from above, but by supporting the ef- distinguishes many of these agencies from to benefits to any faith-based nonprofit, as fective new policies that are rising up from their fully secular counterparts. Prayer, long as the money is not used for inherently the grassroots level. That is why he is pro- spiritual counseling, Bible studies, and invi- religious activities and the agency provides posing concrete actions to help faith-based tations to join a faith community are not the social benefits desired by government. organizations do what they do best—offer featured; in fact, most such agencies would Charitable Choice does not ask courts to de- new hope for social progress. consider inherently religious activities inap- cide which agencies are too religious. It EXTEND CHARITABLE CHOICE propriate to social service programs. clearly indicates the types of ‘‘inherently re- The 1966 welfare reform law contains a pro- Millions of public dollars have gone to sup- ligious’’ activities that are off-limits for gov- vision called Charitable Choice that allows port the social service programs of reli- ernment funding. The government must con- states to enlist faith-based organizations to giously affiliated agencies. There are three tinue to make choices about which faith- provide basic welfare services and help move possible ways to understand this apparent based agencies will receive funds, but eligi- people from welfare to work—as long as potential conflict with the ‘‘no aid to reli- bility for funding is to be based on an agen- there is a secular alternative for anyone who gion’’ principle. Perhaps these agencies are cy’s ability to provide specific public goods, wants one, and as long as no one is required finally only nominally religious, and in fact rather than on its religious character. Chari- to participate in religious observances as a are essentially secular institutions, in which table Choice moves the focus of church-state condition for receiving services. Al Gore be- case their religious sponsors should be rais- interactions away from the religious beliefs lieves we should extend this carefully-tai- ing questions. Or perhaps they are more per- and practices of social service agencies, and lored approach to other vital services where vasively religious than they have appeared onto the common goals of helping the poor faith can play a unique and effective role— to government funders, in which case the and strengthening the fabric of public life. such as drug treatment, homelessness, and government should have withheld funding. A MODEL FOR CHANGE youth violence prevention. The third explanation may be that these Our treasured heritage of religious freedom SCALING UP THE ROLE OF FAITH-BASED agencies are operating with a specific, wide- demands caution as we contemplate new ORGANIZATIONS ly accepted worldview that holds that people forms of church-state cooperation-but cau- Al Gore believes that the solutions faith- may need God for their spiritual well-being, tion does not preclude change, if the benefits but that their social problems can be ad- based organizations are pioneering should be promise to outweigh the dangers. Indeed, at the very heart of our national strategy for dressed exclusively through medical and so- change is required if the pervasively sec- cial science methods. Spiritual nurture, in building a better, more just nation. By ‘‘scal- tarian standard is actually biased in favor of ing up’’ the efforts of faith-based organiza- this worldview, is important in its place, but some religious perspectives and against oth- has no direct bearing on achieving public tions and making them integral to strategic ers. local, state, and national planning, we can goods like drug rehabilitation or overcoming For church and state to cooperate success- invigorate civil society; empower faith-based welfare dependency. Such a worldview ac- fully, both must remain true to their roles and secular non-profits alike; create a myr- knowledges the spiritual dimension of per- and mission. Religious organizations must iad of new multi-sector partnerships; and sons and the existence of a transcendent refrain from accepting public funds if that bring a whole new leadership into the polit- realm outside of nature. But it also teaches means compromising their beliefs and under- ical process—that of the community. (whether explicitly or implicitly) a par- mining their effectiveness and integrity. ticular understanding of God and persons, by Fortunately, Charitable Choice allows faith- ENCOURAGE PRIVATE SUPPORT FOR FAITH- addressing people’s social needs independ- based agencies to maintain their religious BASED ORGANIZATIONS ently of their spiritual nature. By allowing identity, while expanding the possibilities We need to make sure the efforts of faith- aid to flow only to the religiously affiliated for constructive cooperation between church and value-based organizations are recognized agencies holding this understanding, govern- and state in addressing the nation’s most se- and supported across America. Right now it ment in effect has given preferential treat- rious social problems. is common for employees to have their char- ment to a particular religious worldview. Ronald Sider, author of Rich Christians in itable contributions matched by their com- Holistic faith-based agencies (type four), an Age of Hunger (World Books, 1997), is pany, up to an annual limit. Rarely are on the other hand, operate on the belief that president of Evangelicals for Social Action, faith-based programs approved for such no area of a person’s life—whether psycho- where Heidi Rolland Unruh is a policy ana- matches. Al Gore calls upon the corporations logical, physical, social, or economic—can be lyst. This article is drawn from ‘‘An (Ana) of America to encourage and match con- adequately considered in isolation from the baptist Theological Perspective on Church- tributions to faith and value-based organiza- spiritual. Agencies operating out of this State Cooperation, ‘‘in Welfare Reform and tions. worldview consider the explicitly spiritual Faith-Based Operations,’’ eds. Derek Davis components of their programs—used in con- and Barry Hankins (J.M. Dawson Institute of TEXT OF GORE REMARKS ON THE ROLE OF junction with conventional, secular social Church-State Studies, 1999). FAITH-BASED ORGANIZATIONS, MAY 24, 1999 service methods—as fundamental to their I want to talk today about a dramatic ability to achieve the secular social goals de- THE GORE AGENDA: FAITH-BASED ORGANIZA- transformation in America. It’s one that you sired by government. Government has in the TIONS AND THE POLITICS OF COMMUNITY and your families are already a part of. past considered such agencies ineligible for ‘‘I believe the lesson for our nation is This transformation is a quiet one—and a public funding, though they may provide the clear: in those instances where the unique good one. It is a movement that is entirely same services as their religiously affiliated power of faith can help us meet the crushing about solutions. And it is sweeping from counterparts. social challenges that are otherwise impos- home to home and neighbor to neighbor, Some claim that allowing public funds to sible to meet—such as drug addiction and right now in America. be channeled through a holistic religious gang violence—we should explore carefully- In spite of the cultural soul sickness we’ve program would threaten the First Amend- tailored partnerships with our faith commu- confronted recently, there is a goodness in ment, while funding religiously affiliated nity, so we can use approaches that are Americans that, when mobilized, is more agencies does not. But the pervasively sec- working best.’’—Al Gore, Atlanta, GA than a match for it. Americans are still the tarian standard has also constituted a gen- Al Gore knows that faith is critical to most decent people on earth—and are actu- uine, though more subtle, establishment of strong families. That is why he has worked ally growing in service and in selflessness. religion, because it supports one type of reli- to promote the role of faith-based organiza- America has the highest level of religious be- gious worldview while penalizing holistic be- tions in helping to strengthen families. lief and observance of any advanced nation. liefs. It should not be the place of govern- Through the Coalition to Sustain Success, Americans’ volunteer work has doubled in

VerDate jul 14 2003 14:20 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00025 Fmt 0688 Sfmt 0634 E:\BR99\H22JN9.000 H22JN9 June 22, 1999 CONGRESSIONAL RECORD—HOUSE 13841 twenty years, even as more women—the tra- Christ House does more than provide shelter who work in faith- and values-based organi- ditional mainstay of volunteer groups—have and medical care. It creates a loving, trust- zations are driven by their spiritual commit- moved into the workplace. Both adults and ing atmosphere that helps address the issues ment; to serve their God, they have sus- teenagers are just as likely to go to church that led to homelessness in the first place. tained the drug-addicted, the mentally ill, or synagogue today as their counterparts Its founder tells the story of a reporter who the homeless; they have trained them, edu- were twenty years ago. And in many ways, spend a week there, interviewing the pa- cated them, cared for them, healed them. our public policies have shown the face of tients. At the end of her time, she said: Most of all, they have done what government that strong and growing commitment to de- ‘‘What amazed me is that for all of the med- can never do; what it takes God’s help, some- cency: ever-fewer Americans tolerate bigotry ical treatment, I didn’t hear anyone talking times, for all of us to manage; they have and discrimination, and our journey as a so- about putting on bandages, or taking medi- loved them—loved their neighbors, no mat- ciety reflects that. cation.’’ Instead, the reporter said, they talk ter how beaten down, how hopeless, how de- This hunger for goodness manifests itself of ‘‘a much deeper type of healing.’’ spairing. And good programs and practices in a newly vigorous grassroots movement I have seen the transformative power of seem to follow, born out of that compas- tied to non-profit institutions, many of them faith-based approaches through the national sionate care. faith-based and values-based organizations. coalition I have led to help people move from Here in Atlanta at the Salvation Army’s A church’s soup kitchen. A synagogue’s pro- welfare to work—the Coalition to Sustain Adult Rehabilitation Center, I see in you the gram to help battered women. A mosque’s Success. powerful role of faith in nurturing a change after-school computer center that keeps In San Antonio I met a woman named of consciousness. All of the men here who are teenagers away from gangs and drugs. Herlinda. She had given up on finding work, recovering from substance abuse start the It’s commonplace to say that people are and had gone on welfare. She had so many day with a morning devotion period. Many of turned off to politics. This transformation challenges to face. English was her second them work right here during the day refin- shows that in fact people are not turned off language. She didn’t think she had the skills ishing and reupholstering furniture, doing to politics—to organized community action; to hold a job. And she had begun to conclude the work of the Salvation Army. Captain rather, they are turned off to too many of that maybe she didn’t deserve one. Then she Guy Nickum, who runs the Center, says: the ways they have seen Washington work. signed up for job training at the Christian ‘‘Our belief in God is in all of the steps of re- What many people are struggling to find is Women’s Job Corps, which is part of our Coa- covery.’’ That belief is giving new hope to the soul of politics, to use Jim Wallis’ words. lition. many of the recovering people who are with They are living their politics, by deciding to There, she met a woman who mentored her us today. solve the problems they see, and by going through prayer and Bible study, and she soon That is why this transformation is dif- out into the streets of their communities began to regain her self-confidence. Faith ferent in many ways from what has come be- and serving those left out and left behind. gave her a new feeling of self-worth, of pur- fore. Some past national political leaders People are engaged in the deeply American pose—something no other program, no mat- have asked us to rely on a fragile patchwork act of not waiting for government to deal ter how technically sophisticated, could give of well-intentioned volunteerism to feed the with the problems on their own doorsteps. her. When I met her, she told me that for the hungry and house the homeless. That ap- Instead, they are casting a vote for their own first time in years, she had applied for a po- proach, optimistic though it was, was not wise hearts and strong hands to take care of sition at Wal-Mart. Then she looked me in adequate for the problems too many Ameri- their own. the eye, and said with pride, ‘‘I know I’ll get cans face. It left too many American chil- I came here today to say this: the moment the job.’’ dren behind to suffer. If all the private foun- has come for Washington to catch up to the And she did. In fact, Herlinda was recently dations in America gave away all their en- rest of America. The moment has come to honored as employee of the month in her dowments, it would cover about one year of use the people’s government to better help workplace. our current national commitment to meet- them help their neighbors. In San Francisco, I met a woman named ing social challenges. In contrast, faith- and Ordinary Americans have decided to con- Vicki. Because of a drug addiction, she had values-based organizations show a strength front the fact that our severest challenges lost custody of her two children, lost her job, that goes beyond ‘‘volunteerism.’’ These are not just material, but spiritual. Ameri- and gone on welfare. She had tried without groups nationwide have shown a muscular cans know that the fundamental change we success to beat her addiction. Then she commitment to facing down poverty, drug need will require not only new policies, but joined a faith and values-based program that addiction, domestic violence and homeless- more importantly a change of both our was part of our Coalition, and finally gained ness. And whey they have worked out a part- hearts and our minds. If children are not the inner strength to become clean. She re- nership with government, they have created taught right from wrong, they behave cha- gained custody of her children. And she has programs and organizations that have woven otically; if individuals don’t do what’s right kept a full-time job. When I asked what she a resilient web of life support under the most by their kids, no new government programs could do for others in the same bind, she helpless among us. will stanch that decay. Whether they are re- said, ‘‘unfortunately, nothing—unless they Reverend Eugene Rivers, as I read recently ligious or not, most Americans are hungry want to change first.’’ For Vicki, it was faith in an article, has been widely celebrated for for a deeper connection between politics and that finally enabled her to pry open the vise helping to take back the worst neighbor- moral values; many would say ‘‘spiritual val- grip of drug addiction. hoods of Boston through faith. He remem- ues.’’ Without values and conscience, our po- This better way is working spectacularly. bers a hardened gangster telling him: ‘‘I’m litical life degenerates. And Americans pro- From San Antonio to San Francisco, from there when Johnny goes out for a loaf of foundly—rightly—believe that politics and Goodwill in Orlando to the Boys and Girls bread. I’m there, you’re not. I win, you lose. morality are deeply interrelated. They want Club in Des Moines—I have seen the dif- It’s all about being there.’’ but Reverend to reconnect the American spirit to the body ference faith-based organizations make. Rivers resolved that he would be there, too. politic. Tipper and I also began to learn about this He was, and he faced down the gangs. For too long, national leaders have been better way at our annual ‘‘Family Reunion’’ A second difference is that they give an- trapped in a dead end debate. Some on the policy conferences, where we saw how the other kind of help than the help given in right have said for too long that a specific power of love can reconnect fathers with government programs, no matter how dedi- set of religious values should be imposed, children they had abandoned, and how that cated the employees. To the workers in these threatening the founders’ precious separa- surrendering commitment to the father- organizations, that client is not a number, tion of church and state. In contrast, some child bond has a transforming impact on but a child of God. Those on the front lines on the left have said for too long that reli- men more powerful than any program ever of our most intractable battles are surprised gious values should play no role in address- tried. I’ve also seen this approach used to to discover how concrete a difference that ing public needs. These are false choices: hol- clean up the environment by many local con- makes. ‘‘You couldn’t function effectively low secularism or right-wing religion. Both gregations working in their own commu- without ministers in Boston,’’ says William positions are rigid; they are not where the nities, and working on national and global J. Bratton, who was the city’s police com- new solutions lie. I believe strongly in the issues under the umbrella of the Religious missioner, talking to a reporter about the separation of church and state. But freedom Partnership for the Environment. clergy who saved inner-city kids from gangs. of religion need not mean freedom from reli- Leaders of the new movement of faith- Partly because of Reverend Rivers and his gion. There is a better way. based organizations pervasively sectarian fellow faith leaders, Boston went 18 months My wife Tipper practices her faith and sees call it ‘‘the politics of community.’’ In this without losing a single child to gun violence. its power through her work with homeless new politics, citizens take local action, These workers are motivated more by serv- people who come to Christ House, in Wash- based on their churches, synagogues, and ice than institutional allegiance, so they try ington, DC. Many at Christ House are strug- mosques, but reaching out to all—to do what to get every penny to go to alleviating suf- gling with substance abuse and mental all great religions tell good people to do: fering rather than upholding a program for health issues—but they often suffer from a visit the prisoners, help the orphans, feed the sake of professional credentialism. Un- feeling of spiritual emptiness as well. So and clothe the poor. The men and women like bureaucracies, which can sometimes be

VerDate jul 14 2003 14:20 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00026 Fmt 0688 Sfmt 0634 E:\BR99\H22JN9.000 H22JN9 13842 CONGRESSIONAL RECORD—HOUSE June 22, 1999 self-perpetuating, the churches want their Mr. SCOTT. Mr. Speaker, I yield my- writing to urge you to oppose H.J. Res. 207 helping programs to work so well that they self 5 minutes. which endorses the Substance Abuse Treat- become obsolete. Traditional ‘‘helping’’ Mr. Speaker, first, I think it is im- ment section of H.R. 815, the ‘‘American often gives material aid to the poor or hun- portant in terms of the requirement, Community Renewal Act’’ (ACRA) because it gry—and that’s all. FBO outreach gives food, the coercion of religious activity, I would violate the religious liberty rights of shelter—but also the one-to-one caring, re- federal taxpayers and social service bene- spect and commitment that save lives even think it is important that I repeat what is on page 75 of the bill: ‘‘A reli- ficiaries. The bill would amend the federal more effectively than just a nourishing meal Substance Abuse and Mental Health Services or a new suit of clothes. gious organization that is a program participant may require a program Administration statute so that ‘‘pervasively Mr. Speaker, I yield 2 minutes to the sectarian’’ religious institutions, such as beneficiary to actively participate in gentlewoman from Florida (Mrs. churches and other houses of worship, could MEEK). religious practice, worship, and in- receive public funds to provide services on Mrs. MEEK of Florida. Mr. Speaker, I struction, and to follow the rules of be- behalf of the government. came to this floor to talk about the havior devised by the organization that are religious in content and origin.’’ Although many religiously-affiliated non- goodness that I saw in House Resolu- profit organizations currently provide gov- tion 207. I did not realize that I would Mr. Speaker, let us see what some religious groups have to say about this ernment-funded substance abuse treatment, run into a constitutional argument, the ‘‘American Community Renewal Act’’ particular piece of legislation. I have a but I have, and I do not mind address- would change current law to permit churches ing it. letter from the Working Group for Re- and other religious organizations that in- Mr. Speaker, I feel that, barring con- ligious Freedom and Social Services clude evangelism in their programs, to re- stitutional prohibitions, House Resolu- which says ‘‘We, the undersigned reli- ceive contracts and vouchers for programs in tion 207 is a very good resolution. I gious education, health, civil rights, which government social service bene- want to tell the Members why. I rep- and civil liberties organizations, are ficiaries may be proselytized. resent a district where people are in writing to urge you to oppose House In addition to violating the Establishment need. They are in need of housing. Resolution 207 which endorses the sub- Clause of the First Amendment, ACRA is an They are in need of faith. They are in stance abuse treatment section of H.R. affront to the religious liberty rights of sub- need of the resolution. They are in 815, the American Community Renewal stance abuse and mental health bene- need of reparations for long lost things, Act, because it would violate the reli- ficiaries. Although a beneficiary technically so many things. gious liberty rights of Federal tax- has the right to object to a religious pro- I saw the good in this resolution. payers and social service bene- vider, ACRA does not provide notice to the Many times a booming stock market ficiaries.’’ beneficiary of his or her right to object. This does not boom in some of the inner city Mr. Speaker, it goes on to say that is particularly disturbing in the context of neighborhoods that I represent. The the bill will allow religious providers substance abuse treatment. It is difficult constituents which I represent, we to engage in religious discrimination enough for those addicted to substances to have pockets of poverty. Faith-based against employees who are paid seek help. Furthermore, in most instances, organizations have come to the rescue. through and work on taxpayer-funded even if a beneficiary takes the initiative to seek an alternative provider, the bill makes To the residents of these communities substance abuse treatment programs. Although religious institutions are per- the religious institution responsible for find- and these churches, it has been clear ing the alternative. that without the help that they are re- mitted to hire co-religionists in the ceiving, many people would be home- context of private religious activity, The bill would also allow religious providers to engage in religious discrimination less. ACRA overrides State civil rights laws against employees who are paid through, and Sometimes they are the only organi- and amounts to Federally-funded em- work on, taxpayer-funded substance abuse zation, Mr. Speaker, that will provide ployment discrimination by requiring employees paid with public funds to ad- treatment programs. Although religious in- hope to the communities. Not only stitutions are permitted to hire co-religion- here to the religious tenets and teach- have they been paragons of faith and ists in the context of private religious activ- hope for the spiritual need of their ings of the organization. ity, ACRA overrides state civil rights laws members, but they have provided eco- In addition, the act undercuts States’ and amounts to federlly-funded employment nomic opportunity within the limits of rights by preempting State constitu- discrimination by requiring employees paid their financial resources. I feel that tional and statutory provisions, includ- with public funds to adhere to the religious they have aggressively and should con- ing civil rights laws. Furthermore, tenets and teachings of the organization. ACRA erroneously states that coun- tinue to aggressively venture into busi- Additionally, the ‘‘American Community nesses, for-profit businesses, and to selor training undermines effective Renewal Act’’ undercusts state rights by pre- provide services. substance abuse treatment, and the bill empting state constitutional and statutory For these reasons, faith-based organi- requires States that establish such provisions (including civil rights laws). Fur- zations in my opinion deserve our close training requirements to give equiva- thermore, ACRA erroneously states that attention to be sure that we are able to lent credit for religious education such counselor training undermines effective sub- deliver something to these commu- as Bible study to course work in drug stance abuse treatment, and the bill requires nities. treatment. States that estalbish such training require- I stand here as a woman of faith and This letter is endorsed by 31 organi- ments to give equivalent credit for religious say that there is a lot to be gained zations, including the American Bap- education, such as Bible study, to course from faith-based organizations helping. tist Churches, American Civil Liberties work in drug treatment. This federal legisla- They have demonstrated a sincere com- Union, the American Counseling Asso- tion overtly preempts state constitutions and statutes that protect religious liberty, mitment. They are able to get the mes- ciation, American Federation of State, County, and Municipal Employees, the civil rights, and training of treatment pro- sage to the people. So barring the con- viders. stitutional limitations which I have American Jewish Committee, the heard here today, we need to support American Jewish Congress, and a Of course, with government dollars comes government oversight. Such entanglement the faith-based organizations move- whole host of other religious organiza- between government and religion violates ment. tions. Mr. Speaker, I include this letter for the Establishment Clause, and demonstrates Mr. SCOTT. Mr. Speaker I ask unani- why the current law’s distinction between mous consent that the time of debate the RECORD. The letter referred to is as follows: ‘‘pervasively sectarian’’ and ‘‘religiously-af- be extended by 10 minutes, 5 minutes filiated’’ institutions better protects reli- per side. THE WORKING GROUP FOR RELIGIOUS FREEDOM IN SOCIAL SERVICES, gious freedom. ACRA would obliterate this The SPEAKER pro tempore. Is there Washington, DC, June 21, 1999. protection and open the door to other pro- objection to the request of the gen- DEAR REPRESENTATIVE: We, the under- grams that provide taxpayer funds to reli- tleman from Virginia? signed religious, education, health, civil gious institutions, such as school tuition There was no objection. rights, and civil liberties organizations are vouchers.

VerDate jul 14 2003 14:20 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00027 Fmt 0688 Sfmt 0634 E:\BR99\H22JN9.000 H22JN9 June 22, 1999 CONGRESSIONAL RECORD—HOUSE 13843 For these reasons we strongly urge you to counselors and other professionals pos- All of our organizations seek to include oppose H.J. Res. 207 which endorses the sub- sess a constellation of knowledge that spirituality in the lives of individuals. Spir- stance abuse section of H.R. 815, the ‘‘amer- is unique to the alcoholism and drug ituality is an important component of treat- ican Community Renewal Act.’’ abuse counseling profession, and distin- ment, and mechanisms already exist to bring Sincerely, this aspect of recovery to patients without American Baptist Churches; American guishes ADCs from other related pro- changing current law. Civil Liberties Union; American Coun- fessions and specialties. Religious edu- However, by stating that establishing for- seling Association; American Federa- cation and training is not equivalent to mal education requirements may hinder tion of State, County and Municipal training given to the medical specialty treatment and by attempting to equate reli- Employees; American Jewish Com- of alcohol and drug treatment.’’ gious education with knowledge about alco- mittee; American Jewish Congress; Mr. Speaker, this letter is endorsed holism and drug dependence, the Community Americans United for Separation of by the American Counseling Associa- Renewal Act undermines treatment efforts Church and State; Anti-Defamation tion, the National Association of Alco- and removes scarce funding from effective League; Baptist Joint Committee on treatment programs. Unfortunately, this leg- Public Affairs; Catholics for a Free hol and Drug Abuse Counselors, the islation ensures that the millions of people Choice; Central Conference of Amer- National Association of State Alcohol suffering from addiction, their families, em- ican Rabbis; CHILD Inc.; Friends Com- and Drug Abuse Directors, the Na- ployers and communities will be harmed by mittee on National Legislation (Quak- tional Association of Student Assist- incompetent treatment. er); General Board of Church and Soci- ance Professionals, the National Coali- The Community Renewal Act will hurt the ety, United Methodist Church; General tion of State Alcohol and Drug Treat- provision of professionally competent alco- Conference of Seventh Day Adventists; ment and Prevention Associations, the hol and drug treatment services. For this Hadassah; Jewish Council for Public Partnership for Recovery, which in- reason, we urge you to vote against H. Res. Affairs; Legal Action Center; Na’amat 207. USA; National Association of Alco- cludes the Betty Ford Center, the Val- Sincerely, holism & Drug Abuse Counselors; Na- ley Hope Medical Association, and a The American Counseling Association; tional Association of State Alcohol and whole host of other organizations. The American Methadone Treatment Drug Abuse Directors; National Coun- Mr. Speaker, I also place this letter Association; The American Society of cil of Jewish Women; National Jewish in the RECORD. Addiction Medicine; The Association of Democratic Council; People for the The letter referred to is as follows: Halfway House Alcoholism Programs of North America; College on Problems of American Way; Presbyterian Church JUNE 21, 1999. Drug Dependence; Legal Action Center; (U.S.A.), Washington Office; The Rab- MEMBERS, binical Assembly; Union of American House of Representatives, The National Association of Addiction Hebrew Congregations; Unitarian Uni- Washington, DC. Treatment Providers; The National As- versalist Association; United Church of DEAR MEMBERS OF CONGRESS: The under- sociation of Alcoholism and Drug Christ, Office for Church in Society; signed organizations oppose H. Res. 207 and Abuse Counselors; The National Asso- Women’s American Ort; Workmen’s the portions of the American Community ciation of State Alcohol and Drug Circle. Renewal Act which will hurt the provision of Abuse Directors; The National Associa- Mr. Speaker, I also have a letter from professionally competent alcohol and drug tion of Student Assistance Profes- a number of drug counseling institu- treatment services. sionals; The National Coalition of Unfortunately, the Community Renewal State Alcohol and Drug Treatment and tions which says, ‘‘The undersigned or- Prevention Associations; The National ganizations oppose House Resolution Act will undermine treatment effectiveness. The Act will override state licensure and cer- Council for Community Behavioral 207 and the portions of the American tification of alcohol and drug counselors, Healthcare; The National Council on Community Renewal Act which will crushing state guarantees of safety in alco- Alcoholism and Drug Dependence; Na- hurt provision of professionally com- holism and drug addiction treatment. tional TASC; The Partnership for Re- petent alcohol and drug treatment The Act actually states that alcohol and covery; The Betty Ford Center; The services. drug treatment counseling is not a profes- Caron Foundation; Hazelden, Inc.; The ‘‘Unfortunately, the Community Re- sional field and that formal education for Valley Hope Medical Association; The newal Act will undermine treatment counselors is detrimental to the practice of Research Society on Alcoholism; Therapeutic Communities of America. effectiveness. The Act will override effective counseling. This is simply inaccurate. Alcoholism and drug addiction is a State licensure and certification of al- disease. Consequently, alcohol and drug CHARITABLE CHOICE WILL HURT THE PROVI- cohol and drug counselors, crushing counseling has long required specialized SION OF PROFESSIONALLY COMPETENT ALCO- State guarantees of safety in alco- knowledge and training compelling the use HOL AND DRUG TREATMENT SERVICES holism and drug addiction treatment. of professional practitioners. Education NAADAC Opposes the Appropriation of ‘‘The Act actually states that alcohol equals effective alcoholism and drug addic- Federal Funding to Sectarian Treatment and drug treatment counseling is not a tion treatment. Providers Because Such Funding Will Under- professional field and that formal edu- Even more troubling, the Act will require mine Licensure Laws and Certification Re- cation for counselors is detrimental to States which require formal education to de- quirements in the States. History: Since 1995, Senator John Ashcroft the practice of effective counseling. liver treatment services to ‘‘give credit for religious education and training equivalent (R–MO) has been offering ‘‘charitable This is simply inaccurate. Alcoholism to credit given for secular course work in choice’’ amendments and legislation which and drug addiction is a disease. Con- drug treatment . . .’’ Alcohol and drug treat- would require federal agencies to allow sec- sequently, alcohol and drug counseling ment is a medical service requiring medical tarian (religious) organizations to receive has long required specialized knowl- knowledge. Treatment professionals spe- federal funding to provide community serv- edge and training compelling the use of cialize in the diagnosis, assessment and ices, including alcohol and drug counseling. professional practitioners. Education treatment of psychoactive disorders and Senator Ashcroft has, in past years, placed a equals effective alcoholism and drug other substance abuse/use/dependency. These hold on reauthorization of the Substance counselors and other professionals possess a Abuse and Mental Health Services Adminis- addiction treatment. tration (SAMHSA) in order to force a vote in ‘‘Even more troubling, the Act will constellation of knowledge that is unique to the alcoholism and drug abuse counseling the Senate to apply charitable provisions to require States which require formal profession, and distinguishes ADCs from SAMHSA. In 1996 Representatives J.C. Watts education to deliver services to ‘give other related professions and specialties. Re- (R–OK) and James Talent (R–MO) introduced credit for religious education and ligious education and training is not equiva- the ‘‘American Community Renewal Act’’ an training equivalent to credit given for lent to training given for the medical spe- ‘‘enhanced’’ charitable choice legislation to secular course work in drug treat- ciality of alcohol and drug treatment. require that SAMHSA permit a ‘‘faith- ment....’ The Act also mandates States to waive based’’ substance abuse treatment centers to ‘‘Alcohol and drug treatment is a their formal educational requirements under receive federal funding. NAADAC considers medical service requiring medical certain circumstances or face lawsuits. Fi- this to be an enhanced charitable choice pro- nally the legislation attempts to remedy a vision since it specifically exempts sectarian knowledge. Treatment professionals problem that does not exist. Religious orga- organizations from complying with federal specialize in diagnosis and treatment nizations are already entitled to receive fed- employment law. In November 1997, Senators of psychoactive disorders and other eral funding by complying with the rules for Spencer Abraham (R–MI), Tim Hutchinson substance abuse/use dependency. These charitable organizations. (R–AR) and Dan Coats (R–IN) introduced

VerDate jul 14 2003 14:20 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00028 Fmt 0688 Sfmt 0634 E:\BR99\H22JN9.000 H22JN9 13844 CONGRESSIONAL RECORD—HOUSE June 22, 1999 ‘‘The Effective Substance Abuse Treatment standards and requirements for the adminis- providers. Such regulations establish an or- Act,’’ which parallels the substance abuse tration of treatment ensures that treatment ganized system which ensures that the deliv- portion of the Community Renewal Act. On delivered to patients is effective. It does not ery of this vital health care service is pro- January 21, 1999, Senator Abraham re-intro- deny access to those services. As with the vided by trained and experienced profes- duced his bill, re-titled ‘’The Faith-Based treatment of all other diseases, holding sionals who have met rigorous educational Drug Treatment Enhancement Act’’. treatment professionals accountable pro- and training requirements prior to serving in CHARITABLE CHOICE ANALYSIS] tects the safety of the public. the sensitive position of Alcohol and Drug 3. States which require formal education to Counselors. Under this new legislation, ‘‘per- NAADAC strongly supports the require- deliver treatment services ‘‘shall give credit vasively sectarian’’ institutions such as ment of individual certification and licen- for religious education and training equiva- houses of worship, would be permitted to sure for alcohol and drug counselors. Such lent to credit given for secular course work provide government services while claiming regulations establish an organized system in drug treatment . . .’’ Alcohol and drug exemption from state regulations. This legis- which ensures that the delivery of this vital counselors (ADCs) constitute the one group lation would not allow the government to health care service is provided by trained of professionals who specialize in the diag- oversee the hiring practices of religious in- and experienced professionals who have met nosis, assessment and treatment of stitutions even if complaints were made rigorous educational and training require- psychoactive disorders and other substance against the institution. Charitable choice ments. Licensure laws protect consumers abuse/use/dependency. These counselors pos- would overrule the judgment of the states from unethical and ineffective practices. sess a constellation of knowledge that is and would allow treatment to be provided Under charitable choice, sectarian institu- unique to the alcoholism and drug abuse without respect to minimal standards, un- tions could claim exemption from state regu- counseling profession, and distinguishes dermining public safety in the provision of lations, (even where legislation explicitly at- ADCs from other related professions and spe- this necessary service. This legislation hurts tempts to subject religious providers to state cialties. Religious education and training is the field of alcohol and drug addiction treat- regulations) because the First Amendment of not equivalent to this knowledge. ment along with the millions of people suf- the U.S. Constitution prevents excessive gov- 4. States must waive their education quali- fering from addiction, their families, em- ernment entanglement with religious insti- fications for treatment personnel if, ‘‘(iv) the ployers and the communities in which they tutions. Sectarian providers would not be re- State . . . has failed to demonstrate empiri- live. quired to hire certified or licensed com- cally that the educational qualifications in petent professionals. Charitable choice Mr. Speaker, I reserve the balance of question are necessary to the operation of a would create a system in which non-sec- my time. successful program.’’ This legislation under- tarian providers must meet state require- Mr. SOUDER. Mr. Speaker, I yield mines a State’s ability to protect the public ments while sectarian providers would be by licensing and certifying qualified treat- myself such time as I may consume. freed from meeting state licensure and other ment providers. It imposes a mandate from Mr. Speaker, I want to point out for employment standards. Such a dual system the Federal government requiring the States those who may be viewing this in their is untenable. Religious organizations are al- to fund religious programs or face the costs offices and elsewhere that this is not ready entitled to receive federal funding by of defending requirements which the State complying with the rules for charitable orga- really a close vote situation. We had and local governments believe are necessary nizations. 346 Members for this earlier on juvenile for protection of the public. States will be Charitable choice undermines state re- justice last week; the Vice President required to conduct research without being quirements. The millions of people suffering supports this concept, particularly on provided the means to accomplish it. States from addiction, their families, employers are unlikely to have the resources to spend drug treatment, as do most Repub- and communities may be left unprotected on a demanding empirical defense of their licans. We have already had several from incompetent treatment. rule and consequently may relax treatment Democrats supporting this. LEGISLATIVE ANALYSIS standards to allow unfit organizations to de- Mr. Speaker, I yield 3 minutes to my Issues/Legislation: S. 289—‘‘The Effective liver treatment with federal funding. distinguished friend and colleague, the Substance Abuse Treatment Act’’—Senator 5. Under this legislation programs and gentleman from Michigan (Mr. Spencer Abraham (R-MI), Co-Sponsors—Sen- state agencies are not required to notify in- EHLERS). ators Paul Coverdell (R-GA), Tim Hutch- dividuals who are placed in religious pro- ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE inson (R-AR), Sen. Jeff Sessions (R-AL), Sen. grams, that they have the right to receive John McCain (R-AZ) and Sen. Rod Grams (R- alternative services. Additionally, there is The SPEAKER pro tempore. The MN) no requirement that alternative services be Chair reminds all Members that they Areas of Concern: This legislation will accessible. Individuals who enter treatment are to address their remarks to the override state alcoholism and drug licensure programs are frequently in a medically or Chair. and certification laws, undermining state mentally vulnerable situation. Despite this, Mr. EHLERS. Mr. Speaker, I thank guarantees of safety in alcoholism and drug S. 289 currently states that religious treat- the gentleman for yielding time to me. addiction treatment. This bill states that al- ment providers may require active participa- Mr. Speaker, I rise to speak in favor cohol and drug treatment counseling is not a tion in religious practice worship and in- of this resolution, just as I supported professional field and that formal education struction. (Note: Unlike previous versions of charitable choice when it was a matter for counselors is detrimental to the practice the community renewal act, S. 289 no longer of effective counseling. In fact, education en- contains the specific requirement allowing of discussion some years ago. hances the provision of alcoholism and drug sectarian providers to compel compliance Mr. Speaker, when my wife and I addiction treatment. Finally the legislation with religious worship). Forced or coerced moved to Grand Rapids, Michigan, in remedies a problem that does not exist. Reli- religious activity is inappropriate and may 1966, we decided that we wanted to join gious organizations are already entitled to be unethical under counseling guidelines. a church that would make a difference, receive federal funding by complying with Conclusions: Spirituality is an important a church that would make a difference the rules for charitable organizations. component of treatment, and mechanisms al- in the community. In particular, we Provisions of Concern: The language at ready exist to being this aspect of recovery joined the Eastern Avenue Christian issue is contained in Title IV of the Commu- to patients. Indeed, religious organizations nity Renewal Act, and Section 2 of the Effec- are free to receive federal funds by creating Reform Church, a member of a small tive Substance Abuse Treatment Act. Both a non-profit, ‘‘religiously affiliated’’ agency but strong and wonderful denomina- would amend Title V, Sec. 585 of the Public to provide services in compliance with state tion. Health Service Act (42 U.S.C. 290aa et seq.) certification and licensure laws. However, by b 1545 The proposed provisions state that: stating that establishing formal education 1. ‘‘. . . formal education for counselors requirements may hinder treatment and by We have made a difference through . . . may undermine the effectiveness of attempting to equate degrees in theology that church, and that church has been [treatment] programs.’’ This statement is in- with knowledge about alcoholism and drug a strong voice in the community. It is correct. As treatment has grown more com- dependence, charitable choice undermines the type of faith-based effort that this plex, the need for continuing education and treatment efforts and removes scarce fund- country needs. formal education has also grown. Those most ing from effective treatment programs. Through this small church, small but aware of new treatment technologies and ca- The alcohol and drug treatment profession very active, we managed to start a food pabilities are better able to provide appro- is currently engaged in efforts in almost priate treatment for all patients. every state to create and reinforce standards program which has fed many, many 2. ‘‘. . . educational requirements . . . may of practice for alcohol and drug treatment, people through a cooperative effort. We hinder or prevent the provision of needed just like the standards (licenses) states cur- were instrumental in starting a com- drug treatment services.’’ Establishing rently have for doctors and other health care munity center which has sprung off

VerDate jul 14 2003 14:20 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00029 Fmt 0688 Sfmt 0634 E:\BR99\H22JN9.001 H22JN9 June 22, 1999 CONGRESSIONAL RECORD—HOUSE 13845 and become a multimillion dollar oper- less of which side my colleagues are on mosque, would a Christian be forced to ation providing tremendous service to on this resolution, fundamentally im- follow the rules of Islamic law, includ- the community. portant constitutional issues such as ing women in America following the We were also instrumental in helping church and State separation, the estab- rules of Islamic law? If a Buddhist start a housing program which is now lishment clause of the first amend- group is running a program, would developed into an independent organi- ment, in fact the first 16 words of the Jewish and Christian citizens in the zation which has rehabilitated close to Bill of Rights, under a Suspension Cal- program be forced to pray to Buddha? 100 houses at this point for low-income endar with no committee consider- If a Baptist group is running a pro- individuals, and they now are enjoying ation. gram, would the Catholic be forced to home ownership. I think Mr. Jefferson and Mr. Madi- say the Protestant version of the This, incidentally, happened before son would be ashamed of the process Lord’s Prayer? If reciting New Testa- Habitat For Humanity was founded. that we are going through today. But ment proceedings is basically a process Let me describe just a little bit the let us talk about what unanswered that a church goes through that has food program that we have established questions we have in this debate, in won these Federal funds for this pro- which operates in the church basement this little time for debate. gram, can they force an Islamic or a every Saturday morning. The gentleman from Indiana (Mr. Muslim or a Jewish person to read Members of the church and other vol- SOUDER) has answered our questions by from the New Testament? unteers go to suppliers throughout the saying, yes, under this legislation, let Well, how about this. What about a community. We acquire, through dona- me be clear, yes, under this legislation Wiccam group? It says we are not going tion, produce, bread, many other vital Federal funds will be allowed to hire to discriminate based on the religion. essentials; and we bring them to our and fire people based on race discrimi- The courts have said the Wiccams are church basement. nation, religious discrimination, sex religious group identified in this coun- We run a small supermarket there discrimination. try. What if the Wiccam group has a re- every Saturday morning. Individuals Mr. SOUDER. Point of personal privi- ligious service where they honor the coming through can buy supplies that lege. sun and the moon and circle as they do they need for their daily existence for The SPEAKER pro tempore (Mr. with candles? And they actively par- roughly 10 cents on the dollar. A pov- PEASE). Does the gentleman from ticipate in that process in my district erty stricken family can come in and Texas (Mr. EDWARDS) yield to the gen- in Central Texas. Can they force a for $10 buy a couple of weeks worth of tleman from Indiana (Mr. Souder)? Christian alcoholic to participate in groceries and other essentials. PARLIAMENTARY INQUIRY the Wiccam religious services? If my It has worked very well. It has served Mr. SOUDER. Mr. Speaker, par- colleagues say yes, that is religious young and old, able and disabled, His- liamentary inquiry. Why is it not a discrimination. panic and Vietnamese, black and point of personal privilege when a What if the Santeria, a religion than white. It has served everyone. It has statement is made about racism which practiced, and a religion as defined by been a real boon to the community. I did not make. The question was on re- the Supreme Court of the United Many of the volunteers have come from ligion. States, what if the Santeria win a Fed- the community themselves, and many The SPEAKER pro tempore. State- eral grant to administer alcohol proof them have worked for many, many ments in debate do not give rise to a grams? Since my colleagues say they years on this effort. question of personal privilege. Is the cannot discriminate based on religion, These are examples of activities car- gentleman from Indiana (Mr. SOUDER) does that mean that the Santerias can ried on by faith-based organizations, raising a point of order? force a Presbyterian to participate in and they have proven to be far more ef- Mr. SOUDER. Mr. Speaker, I will the decapitation of a chicken’s head, fective per dollar expended than any withdraw my inquiry. because that is part of the prayer rit- government program I have ever seen. The SPEAKER pro tempore. The gen- ual the Santeria religion? I think it is simple common sense tleman from Texas (Mr. EDWARDS) may The fact is, there are too many unan- that the Federal Government encour- proceed. swered questions in this legislation age these faith-based organizations Mr. EDWARDS. Mr. Speaker, as I that go to the heart, the reason why and, in fact, make use of them in try- was saying, under this legislation, if our Founding Fathers chose the first 16 ing to solve the problems of our Na- one simply reads it, which most Mem- words of our Bill of Rights, to be com- tion, particularly those dealing with bers of this House have not yet done, a mitted to protecting religion against poverty. religious organization could say, based government intervention, that we Two cautions I want to offer. First of on their religious creed, they would not should reject this legislation. all, we have to make sure that the hire someone based on the fact that According to these proponents, we churches do not proselytize, in other that person is a woman. A Christian would think that the first 16 words of words, do not violate the separation of may not hire someone because he is the Bill of Rights are a shackle on reli- church and State in that sense, even Jewish. A Jewish group may not hire gious freedom. That is absolutely though they are working in the name someone because they are Christian. In wrong. Mr. Jefferson, Mr. Madison, of God to serve the people around some religious faiths, they may not others involved in drafting that legisla- them. hire someone because of the color of tion did not write the establishment Secondly, the government should their skin. clause to shackle religion in America. take care not to try to govern the This bill directly endorses job dis- They did it to shackle government faith-based organizations. crimination, and worse yet job dis- from intervening into the religious I strongly support this resolution, crimination using Federal taxpayers freedom of individuals. Political con- and I hope many churches across this dollars. For that reason and that rea- servatives should be terrified by this country will follow this example. son alone, this House should reject this legislation. Mr. SCOTT. Mr. Speaker, I yield 3 legislation and H.R. 815 which it sup- Mr. SOUDER. Mr. Speaker, I yield minutes to the gentleman from Texas ports. myself such time as I may consume. (Mr. EDWARDS). But that is the answered question. Mr. Speaker, as the gentleman from Mr. EDWARDS. Mr. Speaker, it is Let us look at the unanswered ques- Texas (Mr. EDWARDS) already knows, the unanswered questions about this tions. According to this bill, if a partic- Title 7 of the 1964 Civil Rights Act al- legislation that bother me the great- ipant in a program is Jewish, working lows a religious organization to dis- est. But I must say that I consider it in a Baptist Church that has won the criminate in employment on the basis an affront to the integrity of this government program, could that Jew- of religion. This amendment simply House that we would debate such a fun- ish program be forced to say the Lord’s clarifies that in spite of all the state- damental constitutional issue, regard- Prayer? If the program is an Islamic ments on the floor.

VerDate jul 14 2003 14:20 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00030 Fmt 0688 Sfmt 0634 E:\BR99\H22JN9.001 H22JN9 13846 CONGRESSIONAL RECORD—HOUSE June 22, 1999 Mr. Speaker, I yield 2 minutes to the In this particular case, the Salvation tended seminary, and am a licensed gentleman from South Carolina (Mr. Army could not fire a Wiccam because and ordained Baptist minister. But I DEMINT). of his religious belief. So the gen- believe in the separation of church and Mr. DEMINT. Mr. Speaker, I rise in tleman is really in a quandary. Either state. support of the resolution and to point one can endorse religious-based dis- If the gentleman from Ohio (Mr. out that we just heard a very good ex- crimination using Federal funds, or is TRAFICANT) wants to consider and call ample of what I call faith phobia. This one going to say to the Baptist Church the Bill of Rights mumbo jumbo, that faith phobia has taken over the coun- of Waco, Texas that they must hire is all right, he has that right, but for try, that anyone with values and be- Wiccams. Perhaps they must hire Sa- me and my house, I am going to stand liefs is a problem. tanic worshipers. Perhaps they must with the Founding Fathers, not with I support this resolution, not just to hire people of religious faith that are the gentleman from Ohio. recognize what nonprofit community inconsistent with their own. Mr. SCOTT. Mr. Speaker, I yield my- organizations, faith-based organiza- Mr. SOUDER. Mr. Speaker, I inquire self the balance of my time. tions are doing, but to point out that of the Chair how much time each side Mr. Speaker, some prior speaker said they are doing our work all across has remaining. this was a good resolution except for America better than we are. The SPEAKER pro tempore. The gen- the unconstitutional parts, and I tend There is an organization in my dis- to agree with that. tleman from Indiana (Mr. SOUDER) has trict called Mobile Meals. Every day, I think there is a lot this resolution 21⁄2 minutes remaining. The gentleman people from throughout the commu- has to offer except for the parts that from Virginia (Mr. SCOTT) has 2 min- we have referred to. I think we just nity rise at about 4:00 in the morning utes remaining. need to, so we know what the Founding and feed about 1,700 people every day. Mr. SOUDER. Mr. Speaker, I yield 2 Fathers might have envisioned, read They do it for one reason, to share the minutes to the distinguished gen- love of God with people in the commu- what is in the bill that this resolution tleman from Ohio (Mr. TRAFICANT), our nity. They spend less than a million endorses. third Democrat to speak on behalf of dollars a year. It compares with the First, on discrimination: It provides this in a rare bipartisan effort to try to federally funded group that does the that a religious organization that is a reach out to those who are hurting. same thing that spends over $6 million program participant may require an Mr. TRAFICANT. Mr. Speaker, I a year. employee rendering services to adhere If we look around my community and think the Founders are rolling over in to the religious beliefs and practices of I am sure my colleagues’ community, their graves. I do not believe any such organization, and any rules of the the people that are feeding the hungry, Founder intended to envision an Amer- organization regarding the use of alco- that are clothing the poor, that are ica without school prayer or without hol and drugs. freeing those enslaved to drugs, that support for faith-based programming. Now, the gentleman from Indiana has are building homes for the homeless, The Founders intended to ensure there acknowledged that discrimination may and providing a place for people to live would not be State-sponsored legisla- occur. In fact, he wants to extend the who need it all across the community, tion creating one religion in America. title 7 exemption to churches which are these are faith-based organizations I believe all this technical mumbo allowed to discriminate on a religious working side by side with community jumbo has served to eliminate God basis when they hire people who are organizations. from America. I want to be associated ministers and things like that. But this If, as a government, we are going to with those Members who will, in fact, would extend it to federally-sponsored say that, because there is some faith look at the technicalities and include drug programs. And it would be a new involved, that we cannot use these or- God. A Nation without God is a Nation day in America when a federally-spon- ganizations to help Americans, then we that has invited the devil. Congress, sored drug program can hang out a sign are going way down the wrong road. We open your eyes, because they have that says, people of certain religions need to recognize that we have been rolled out the carpet in America for need not apply for a job because of making a mistake. We have not been the devil with a bunch of technical their religions. separating the State from religion. We mumbo jumbo that is no more the in- Let us go along to whether we can have been separating religion from tent of Founders than pornography. have coerced religion. Page 75, line 23, America. It is time that we stop that I stand for this legislation, period. I a religious organization may require a at the Federal level and recognize that, think it is time, Mr. Speaker, to look program beneficiary to actively par- if we want to help Americans, let us let at our cities, look at our schools. They ticipate in religious practice, worship faith-based organizations work side by could fund all the programs they want, and instruction, and follow the rules of side with community and local govern- but they are not going to be successful behavior devised by the organizations ments to really help America. with a technical mumbo jumbo argu- that are religious in content and ori- Mr. SCOTT. Mr. Speaker, I yield 1 ment that God is the reason why they gin. minute to the gentleman from Texas cannot do it because the Founders said The SPEAKER pro tempore (Mr. (Mr. EDWARDS). so. PEASE). The time of the gentleman Mr. EDWARDS. Mr. Speaker, I would That does not work with JIM TRAFI- from Virginia (Mr. SCOTT) has expired. like to make two points. First is in re- CANT at all. I believe the technicality (By unanimous consent, Mr. SCOTT sponse to the last speaker. I think the has been stretched much too far. was allowed to proceed for 30 addi- fact that the Baptist Joint Committee I want to associate myself with the tional seconds.) on Public Affairs strongly opposes this remarks of the gentlewoman from Mr. SCOTT. Mr. Speaker, there is legislation today really undermines the Florida (Mrs. MEEK) and with those also a part in here that has congres- gentleman’s argument or suggestion who support this legislation. I believe sional findings. It says, Congress finds that people of faith should be for this they are right, and I urge the Congress, that establishing formal educational Federal funding and faith-based organi- with a little bit of technical oomph, to qualifications for counselors and other zations. vote aye on the legislation. personnel in drug treatment programs Secondly, I would like to correct the may undermine the effectiveness of statement made by the gentleman from b 1600 such programs, and such formal edu- Indiana (Mr. SOUDER) when he failed to Mr. SCOTT. Mr. Speaker, I yield 30 cational requirements for counselors point out that the Supreme Court in seconds to the gentleman from Georgia may hinder or prevent provision of 1989 ruled that, when an organization (Mr. LEWIS). drug treatment services. such as this case, the Salvation Army Mr. LEWIS of Georgia. Mr. Speaker, Mr. Speaker, I do not know whether was using Federal funds to hire people, I am a member of an African American people want discrimination or whether they could not fire someone based on church. I grew up in an African Amer- they want coerced religion, but reli- religion. ican church, a Baptist church. I at- gious groups oppose this, professional

VerDate jul 14 2003 14:20 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00031 Fmt 0688 Sfmt 0634 E:\BR99\H22JN9.001 H22JN9 June 22, 1999 CONGRESSIONAL RECORD—HOUSE 13847 drug counselors oppose this, civil community development. In our urban and or prevent the provision of needed drug treat- rights groups oppose it, and we should rural communities, the concerns of high unem- ment services.’’ all oppose this resolution. ployment, drug addiction and unsuitable hous- Mr. Speaker, this is simply untrue. Profes- The SPEAKER pro tempore. The ing have seemingly gone unnoticed during sional education is a foundation of effective Chair has extended 30 seconds to each America’s ‘‘economic boom.’’ These problems substance abuse treatment and prevention. It side. can no longer be ignored—now is the time for is a critical basis for our country’s long- GENERAL LEAVE our government to give faith-based organiza- standing efforts to treat and prevent substance Mr. SOUDER. Mr. Speaker, I ask tions the opportunity to help resurrect Amer- abuse. Our current national drug control strat- unanimous consent that all Members ica’s neighborhoods. egy is premised on the fundamental impor- may have 5 legislative days within For years our government has spent billions tance of medical and specialized training for which to revise and extend their re- of dollars on Federal programs to help Amer- substance abuse service providers. marks on House Resolution 207, the ica’s poor, and for the most part these offer- Mr. Speaker, the accompanying provisions legislation under consideration. ings have not met with great success. It is of H.R. 815 would undercut the States in certi- The SPEAKER pro tempore. Is there painfully obvious that a new model is needed fying and licensing substance abuse service objection to the request of the gen- in revitalizing America’s urban and rural com- providers. They would require the States to tleman from Indiana? munities. In February JIM TALENT, DANNY accept religious education and training as There was no objection. DAVIS, and I introduced the American Commu- wholly equivalent to drug treatment. Again, Mr. SOUDER. Mr. Speaker, I yield nity Renewal Act. This legislation is designed this runs headlong against our nation’s efforts the balance of my time to the gen- to help communities and local leaders suc- to work in partnership with the States, profes- tleman from Pennsylvania (Mr. PITTS). ceed where big government programs have sional and community organizations in com- Mr. PITTS. Mr. Speaker, we have failed. The American Community Renewal Act bating substance abuse. Indeed, religious or- heard some red herring arguments this will help neighborhoods by—creating jobs—re- ganizations already play an important part in afternoon about whether something these efforts through federally funded and violates separation of church and state. ducing burdensome regulation—increasing home-ownership—encouraging savings, and state-funded substance abuse programs. I might remind the Members that we I am deeply concerned that language of this strengthening the institutions in these neigh- are not voting on the American Com- kind is being contemplated to this time by the borhoods that have already begun making a munity Renewal Act, which has been Congress. As a member of the Commerce difference. cited and debated and is merely cited Committee, I am involved in work which will in the resolution. We are voting on a However, community renewal must go beyond merely the scope of economics. We lead to reauthorization of the Substance Sense of the House Resolution that tar- Abuse and Mental Health Services Administra- must provide support to the institutions that gets aid and money to poor commu- tion (SAMHSA). These problematic provisions have historically held our country together— nities across this Nation. of H.R. 815 fly in the face of the vital accom- community, faith and family. With the eligibility Regarding the issue of separation of plishments and continuing work of our Federal of faith-based institutions to Community Re- church and state, if Members oppose agencies on substance abuse treatment and newal programs, we hope to achieve not only that American Community Renewal prevention, including SAMHSA and the Na- economic renewal but spiritual and moral re- Act on that basis, then they should op- tional Institute on Drug Abuse (NIDA), the Na- newal as well. pose Pell grants. With a Pell grant stu- tional Institute of Mental Health (NIMH) and The essence of this resolution is not about dents use Federal grant money to go to the National Institute on Alcohol Abuse and Al- ideology—it’s about helping America’s less for- seminaries, to go to Notre Dame, Ye- coholism (NIAAA) at the National Institutes of tunate. It’s about providing a faith-based orga- shiva University without raising con- Health. stitutional concerns. The Substance nization with the opportunity to reach out its At this time, I wish to include for the hand, to pull that person out of the depths of Abuse Act grant that this cites is no RECORD a letter in opposition to H. Res. 207 different. drug or alcohol abuse. It is about that small which I received from a wide range of national Currently, there are two voucher pro- businessperson providing a job to his or her patient and provider organizations, including grams we have successfully, legally im- neighbor. It’s about putting a decent roof over the National Association of State Alcohol and plemented, the child care block grant somebody’s head. But first and foremost, this Drug Abuse Directors, the Partnership for Re- in 1993, so that parents could use Fed- resolution is about supporting the pillars of our covery and the American Society of Addiction eral day care dollars at the provider country—community, faith, and family. Medicine. Mr. WAXMAN. Mr. Speaker, I rise to ex- they choose, religious or secular; sec- JUNE 21, 1999. press my concerns regarding H. Res. 207 and ond, the new welfare law allows States MEMBERS, to contract out their social services to its underlying legislation, H.R. 815, The Amer- House of Representatives, both religious and nonreligious pro- ican Community Renewal Act of 1999. Washington, DC. viders. No one disputes the role that community DEAR MEMBER OF CONGRESS: The under- The drug treatment provision is the and faith-based organizations play in sus- signed organizations oppose H. Res. 207 and same. It voucherizes substance abuse taining and strengthening our communities the portions of the American Community block grants and allows the addict to and neighborhoods, our cities and towns. Renewal Act which will hurt the provision of Throughout my career, I have shared the deep professionally competent alcohol and drug decide. They can opt out. I urge Mem- treatment services. bers to support the resolution. interest which motivates this resolution in har- Unfortunately, the Community Renewal Mr. WATTS of Oklahoma. Mr. Speaker, the nessing the energy and creativity of commu- Act will undermine treatment effectiveness. family unit is the core institution that instills in nity and faith-based organizations in devel- The Act will override state licensure and cer- future generations the common values that we oping solutions to our nation’s persistent pov- tification of alcohol and drug counselors, share as a society. Raising a child is a erty and other serious social problems. crushing state guarantees of safety in alco- daunting task even in the most stable environ- Instead, my concerns center on language in holism and drug addiction treatment. H.R. 815 which denigrates the importance of The Act actually states that alcohol and ments, but for families in distressed areas it is drug treatment counseling is not a profes- even more difficult. professional education and training to effective sional field and that formal education for We all know those pastors and community alcohol and drug treatment. H.R. 815 purports counselors is detrimental to the practice of leaders in these neighborhoods—who have to improve the availability of substance abuse effective counseling. This is simply inac- counseled that teenage mother—or prayed treatment and counseling services. Instead, its curate. Alcoholism and drug addiction is a with the chronically unemployed—or lifted the provisions undercut the proven importance disease. Consequently, alcohol and drug spirits of those who sleep wherever they can and competence of qualified service providers. counseling has long required specialized lie their head. We do not have to list grave Let me specify the problematic sections of knowledge and training compelling the use H.R. 815. In congressional findings, the bill of professional practitioners. Education statistics about our inner cities or rural areas, equals effective alcoholism and drug addi- because these are the people who are on the states that ‘‘formal educational qualifications tion treatment. front-lines everyday. for counselors and other personnel in drug Even more troubling, the Act will require That is why I support this resolution and the treatment programs may undermine the effec- States which require formal education to de- involvement of faith-based organizations in tiveness of such programs’’ and ‘‘may hinder liver treatment services to ‘‘give credit for

VerDate jul 14 2003 14:20 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00032 Fmt 0688 Sfmt 0634 E:\BR99\H22JN9.001 H22JN9 13848 CONGRESSIONAL RECORD—HOUSE June 22, 1999 religious education and training equivalent PATRIOT ACT time yielded is for the purpose of de- to credit given for secular course work in bate only. drug treatment . . .’’ Alcohol and drug treat- Mr. HASTINGS of Washington. Mr. Speaker, by direction of the Com- Mr. Speaker, before proceeding, I ment is a medical service requiring medical would like to take a minute to add my knowledge. Treatment professionals spe- mittee on Rules, I call up House Reso- cialize in the diagnosis, assessment and lution 210 and ask for its immediate personal congratulations to those that treatment of psychoactive disorders and resolution. have been extended from all my col- other substance abuse/use/dependency. These The Clerk read the resolution, as fol- leagues on both sides of the aisle on counselors and other professionals possess a lows: the tremendous honor that was re- constellation of knowledge that is unique to H. RES. 210 cently bestowed on our colleague the the alcoholism and drug abuse counseling gentleman from Ohio (Mr. HALL). The profession, and distinguishes ADCs from Resolved, That at any time after the adoption of this resolution the Speaker may, pur- Nobel Peace Prize, for which the gen- other related professions and specialties. Re- tleman from Ohio has been nominated, ligious education and training is not equiva- suant to clause 2(b) of rule XVIII, declare the lent to training given for the medical spe- House resolved into the Committee of the is among the most extraordinary meas- cialty of alcohol and drug treatment. Whole House on the state of the Union for ures of individual achievement that consideration of the bill (H.R. 659) to author- The Act also mandates States to waive can be accorded to any man or woman ize appropriations for the protection of Paoli their formal educational requirements under from any country anywhere in the and Brandywine Battlefields in Pennsyl- certain circumstances or face lawsuits. Fi- world. vania, to direct the National Park Service to nally the legislation attempts to remedy a The gentleman’s deep commitment conduct a special resource study of Paoli and problem that does not exist. Religious orga- Brandywine Battlefields, to authorize the to fight hunger throughout the world is nizations are already entitled to receive fed- Valley Forge Museum of the American Revo- well known to all of us here in the eral funding by complying with the rules for lution at Valley Forge National Historical House, so I will not belabor that point. charitable organizations. Park, and for other purposes. The first read- But clearly, this is a Member of Con- All of our organizations seek to include ing of the bill shall be dispensed with. Gen- spirituality in the lives of individuals. Spir- gress whose tireless efforts reach far eral debate shall be confined to the bill and ituality is an important component of treat- beyond the walls of this building, in- shall not exceed one hour equally divided ment, and mechanisms already exist to bring deed far beyond the borders of this and controlled by the chairman and ranking this aspect of recovery to patients without country. Literally countless numbers minority member of the Committee on Re- changing current law. sources. After general debate the bill shall be of the world’s neediest people have ben- By stating that establishing formal edu- considered for amendment under the five- efited from the often lonely and fre- cation requirements may hinder treatment minute rule. It shall be in order to consider quently tireless efforts of the gen- and by attempting to equate religious edu- as an original bill for the purpose of amend- tleman from Ohio (Mr. HALL). cation with knowledge about alcoholism and ment under the five-minute rule the amend- It is not my intention to embarrass drug dependence, the Community Renewal ment in the nature of a substitute rec- my colleague, Mr. Speaker, but simply Act undermines treatment efforts and re- ommended by the Committee on Resources moves scarce funding from effective treat- to take a moment and give credit now printed in the bill. The committee where credit is due, which has also ment programs. Unfortunately, this legisla- amendment in the nature of a substitute tion ensures that the millions of people suf- shall be considered by title rather than by been done in a very deserving way, as fering from addiction, their families, em- section. Each title shall be considered as evidenced by the nomination of this ployers and communities will be harmed by read. During consideration of the bill for prestigious honor. incompetent treatment. amendment, the chairman of the Committee Mr. Speaker, H. Res. 210 would grant The Community Renewal Act will hurt the of the Whole may accord priority in recogni- H.R. 659, the PATRIOT Act, an open provision of professionally competent alco- tion on the basis of whether the Member of- rule providing 1 hour of general debate hol and drug treatment services. For this fering an amendment has caused it to be divided equally between the chairman reason, we urge you to vote against H. Res. printed in the portion of the Congressional 207. and the ranking minority member of Record designated for that purpose in clause the Committee on Resources. The rule Sincerely, 8 of rule XVIII. Amendments so printed shall American Counseling Association; Amer- be considered as read. The chairman of the makes in order as an original bill for ican Methadone Treatment Association; Committee of the Whole may: (1) postpone the purpose of amendment, the amend- American Society of Addiction Medicine; As- until a time during further consideration in ment in the nature of a substitute rec- sociation of Halfway House Alcoholism Pro- the Committee of the Whole a request for a ommended by the Committee on Re- grams of North America; College on Prob- recorded vote on any amendment; and (2) resources now printed in the bill. The lems of Drug Dependence; Legal Action Cen- duce to five minutes the minimum time for rule provides that the amendment in ter; National Association of Addiction Treat- electronic voting on any postponed question ment Providers; National Association of Al- the nature of a substitute be consid- that follows another electronic vote without ered for amendment by title. coholism and Drug Abuse Counselors; Na- intervening business, provided that the min- tional Association of State Alcohol and Drug imum time for electronic voting on the first Mr. Speaker, the rule authorizes the Abuse Directors; National Association of in any series of questions shall be 15 min- Chair to accord priority in recognition Student Assistance Professionals; National utes. At the conclusion of consideration of to Members who have preprinted their Coalition of State Alcohol and Drug Treat- the bill for amendment the Committee shall amendments in the CONGRESSIONAL ment and Prevention Associations; National rise and report the bill to the House with RECORD. The rule allows the Chairman Council for Community Behavioral such amendments as may have been adopted. of the Committee of the Whole to post- Healthcare; National Council on Alcoholism Any Member may demand a separate vote in and Drug Dependence; National TASC; Part- pone votes during consideration of the the House on any amendment adopted in the bill and to reduce voting time to 5 min- nership for Recovery; The Betty Ford Cen- Committee of the Whole to the bill or to the ter; Caron Foundation; Hazelden Founda- committee amendment in the nature of a utes on any postponed question if the tion; Valley Hope Association; Research So- substitute. The previous question shall be vote follows a 15-minute vote. ciety on Alcoholism; Therapeutic Commu- considered as ordered on the bill and amend- Finally, Mr. Speaker, the rule pro- nities of America. ments thereto to final passage without inter- vides one motion to recommit with or The SPEAKER pro tempore. The vening motion except one motion to recom- without instructions. question is on the motion offered by mit with or without instructions. H.R. 659 is a relatively noncontrover- the gentleman from Indiana (Mr. The SPEAKER pro tempore. The gen- sial measure reported out of the Com- SOUDER) that the House suspend the tleman from Washington (Mr. mittee on Resources on April 28 by a rules and agree to the resolution, HASTINGS) is recognized for 1 hour. voice vote. The bill would authorize a House Resolution 207. Mr. HASTINGS of Washington. Mr. total of $4.25 million for the Federal The question was taken; and (two- Speaker, for purposes of debate only, I Government to acquire land necessary thirds having voted in favor thereof) yield the customary 30 minutes to the to protect the Paoli and Brandywine the rules were suspended and the reso- distinguished gentleman from Ohio Battlefields in Pennsylvania. The bill lution was agreed to. (Mr. HALL), pending which I yield my- authorizes the Valley Forge Historical A motion to reconsider was laid on self such time as I may consume. Dur- Society, in agreement with the Sec- the table. ing consideration of this resolution, all retary of the Interior, to construct the

VerDate jul 14 2003 14:20 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00033 Fmt 0688 Sfmt 0634 E:\BR99\H22JN9.001 H22JN9 June 22, 1999 CONGRESSIONAL RECORD—HOUSE 13849 Valley Forge Museum of the American dywine and the Paoli Battlefields not $100,000 of the $1.25 million has already Revolution at Valley Forge National far from Valley Forge, Pennsylvania. been raised. The State has kicked in Historic Park in Pennsylvania. Once The battles here were an important money; the County has. And the local construction of the museum is com- part of our fight for independence. folks, school kids, who have kicked in plete, the bill requires all titles and in- This is a bipartisan bill, it has sup- thousands of pennies in their ‘‘Pennies terests be transferred to the Federal port on both sides of the aisle, it is an for Paoli’’ campaign, to other inter- Government with the understanding open rule, and I support the bill and ested citizens who have made this a that the Valley Forge Historical Soci- the rule. massive effort to protect one of Amer- ety will continue to operate the mu- Again, I want to thank the gen- ica’s real treasures. seum. tleman from Washington (Mr. In fact, last July 4, ‘‘Good Morning The battles of Paoli and Brandywine HASTINGS) for his very kind words. America’’ did a Focus for Independence took place in September of 1777 and Mr. Speaker, I reserve the balance of Day, and that focus feature was on the were significant in the outcome of the my time. Paoli Battlefield and how important it was for America to protect this site. American Revolution. The Battle of b 1615 Brandywine was the largest land battle So I am saying to my colleagues, as of the Revolution, and it was following Mr. HASTINGS of Washington. Mr. we go into this open rule, please con- these two battles that colonial troops, Speaker, I am pleased to yield 5 min- sider carefully amendments. We have led by General George Washington, utes to the gentleman from Pennsyl- the full support of the administration made their legendary camp at Valley vania (Mr. WELDON) in whose district in this effort. It was very carefully Forge for the winter of 1777 and 1778. at least one of these battlefields are lo- crafted to make sure the Park Service Finally, the Congressional Budget Of- cated. would agree. There is nothing being fice estimates that enactment of H.R. Mr. WELDON of Pennsylvania. Mr. done here to take land that will be ac- 659 will cost the Federal Government Speaker, I thank my good friend and quired other than in a voluntary way. about $5 million over the next 5 years. colleague for his cooperation and for The money is being matched on a dol- Because the bill does not affect direct the support of both the minority and lar-for-dollar basis. spending, pay-as-you-go procedures do the majority sides on the rule. It also sets up a process to do the not apply. I want to add my comments to those same type of acquisition for the Bran- As I have already mentioned, Mr. in praise of the gentleman from Ohio dywine Battlefield and also allows for Speaker, this legislation was reported (Mr. HALL). During the 13 years I have the Park Service to look at a study on without dissent by the Committee on been in Congress, we come to respect the possible cooperation between the Resources. Accordingly, the Com- certain people; and I can tell my col- Valley Forge Historical Society for a new museum. It is a non-controversial mittee on Rules is pleased to rec- leagues, there is no Member I hold in bill. It is one that is in the best inter- ommend an open rule for consideration higher regard than the gentleman from est of America. It protects sites that of the bill, and I encourage my col- Ohio (Mr. HALL) for his untiring effort otherwise may be consumed by devel- leagues to support this resolution and on behalf of people all over the world and the problems associated with hun- opers. the underlying bill. The current owners of the 40-some- Mr. Speaker, I reserve the balance of ger. So let us just hope for the best. We acre Paoli site, the Malvern Pre- my time. paratory School, have said, if we do not Mr. HALL of Ohio. Mr. Speaker, I are solidly behind him in this body, move in the Congress, they are going yield myself such time as I may con- and I think he represents an example to put it up for open sale. The esti- sume, and I thank the gentleman for for this entire country in terms of the kind of qualities we want in our elected mates are that it could generate tens yielding me this time and for his very of millions of dollars for private devel- officials. So, again, congratulations for kind words relative to the nomination. opment. However, they have offered being nominated. It was very nice of him to say that, and that if the Federal Government takes Mr. Speaker, I rise in support of this it is very encouraging to hear those the initiative to support the local legislation. It is bipartisan. It is non- kind of words on the floor of the House. folks, they will guarantee the sale controversial. I rise under the rule be- So I thank him very much. price at $2.5 million. That means that cause I do not want to discuss the de- This is an open rule. It will allow for the $1.25 million that has been com- tails but rather to extend to my col- fair and full debate on H.R. 659, which mitted to by the local folks will be leagues the significant amount of ef- is a bill to protect two American Revo- matched by $1.25 million from the Fed- fort that was put forth by the Demo- lutionary War battlefields. It also per- eral Government. mits the construction of the Valley crats and Republicans to find a solu- The land would actually be owned by Forge Museum of the American Revo- tion to the potential development of the Borough of Malvern. In the case of lution within the Valley Forge’s Na- one of the last remaining sites of the Brandywine, it will be owned either by tional Historic Park. Revolutionary War. the Brandywine Conservancy or by the As my colleague from Washington de- The site that we are talking about in Commonwealth of Pennsylvania. So we scribed, this rule provides 1 hour of Paoli is directly adjacent to a site are not adding to the size of our Park general debate to be equally divided where 53 patriots were killed. They Service. and controlled by the chairman and were slaughtered by the British. In We also call for a study by the Park ranking minority member of the Com- fact, in such a terrible way that this Service to look at how the interpreta- mittee on Resources. The rule also per- battle became a rallying cry, for our tion of Paoli and Brandywine can be mits amendments under the 5-minute soldiers for the rest of the Revolu- better coordinated with Valley Forge. rule, which is the normal amending tionary War, the battle cry became Because these two battles, the Paoli process in the House. All Members on ‘‘Remember Paoli’’ because of the way massacre and the Battle of Brandy- both sides of the aisle will have the op- the British used bayonets to basically wine, were key parts of the struggle portunity to offer germane amend- tear apart young Americans, Ameri- that led to our historic encampment at ments. cans who were 19, 20, 21, and 22 years Valley Forge and the major battle to Mr. Speaker, the American Revolu- old. protect our capitol at Philadelphia tionary War is one of probably perhaps If we do not protect this site, and when the British were making the the most important events in the his- this is not being done as a way to add move to take over Philadelphia and to tory of our Nation, and it is therefore to the Federal park land, this is being take over control of this country. appropriate that we preserve the bat- done locally and every dollar of money So these are very important sites. tlefields associated with the war and to that we appropriate is being matched This bill is a very important process. I make them available to the public. dollar for dollar by the local folks. In would ask my colleagues during the de- This bill would help protect the Bran- fact, in the case of Paoli, all but bate on the bill to please keep in mind

VerDate jul 14 2003 14:20 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00034 Fmt 0688 Sfmt 0634 E:\BR99\H22JN9.001 H22JN9 13850 CONGRESSIONAL RECORD—HOUSE June 22, 1999 that the administration is solidly be- I would not object to the amendment fields must be matched dollar by dollar hind this and any amendments that of the gentleman. Of course, I would by non-Federal sources. have not been supported by the admin- have to defer to our leader because he H.R. 659 also directs the National istration could well doom this bill to is actually controlling the movement Park Service to conduct a special re- defeat. So I ask them to please con- in this piece of legislation. source study of both the Paoli and sider that as they look to possibly offer Mr. TRAFICANT. Mr. Speaker, re- Brandywine Battlefield to see if they amendments as we get to the bill itself. claiming my time, society, though, will warrant inclusion into the National I want to thank my colleagues and in fact build a museum. And, hopefully, Park System. the gentleman from Pennsylvania (Mr. the museum will consider this little, This bill also authorizes the Sec- HOEFFEL) who has been very supportive innocent amendment. retary of the Interior to enter into an for the minority side for his out- Mr. HALL of Ohio. Mr. Speaker, I agreement with the Valley Forge His- standing work as a leader from the re- have no further requests for time, and torical Society to construct and oper- gion and again the gentleman from I yield back the balance of my time. ate a museum within the boundaries of Utah (Mr. HANSEN) for his outstanding Mr. HASTINGS of Washington. Mr. the Valley Forge National Historical work and the gentleman from Alaska Speaker, I yield back the balance of Park. The construction of this facility (Mr. YOUNG). And really all the mem- my time, and I move the previous ques- is needed in order to accommodate the bers of the Committee on Resources tion on the resolution. many visitors to Valley Forge. have been so helpful in this process. The previous question was ordered. After the museum has been built, all Mr. HALL of Ohio. Mr. Speaker, I The resolution was agreed to. right, title, and interest would be con- yield 3 minutes to the gentleman from A motion to reconsider was laid on veyed to the Federal Government. Ohio (Mr. TRAFICANT). the table. However, the Society would continue Mr. TRAFICANT. Mr. Speaker, I just The SPEAKER pro tempore. Pursu- to operate. wanted to join forces with the gen- ant to House Resolution 210 and rule Mr. Chairman, this is a good piece of tleman from Washington (Mr. XVIII, the Chair declares the House in legislation. It has bipartisan support HASTINGS) about his kind words of the the Committee of the Whole House on and is supported by the National Park gentleman from Ohio (Mr. HALL) our the State of the Union for the consider- Service. I urge all my colleagues to distinguished member of the Com- ation of the bill, H.R. 659. support H.R. 659. mittee on Rules. Mr. Chairman, I reserve the balance The gentleman from Ohio (Mr. HALL) b 1623 of my time. has endured a lot of personal sacrifice IN THE COMMITTEE OF THE WHOLE Mr. ROMERO-BARCELO´ . Mr. Chair- and tragedy over the last years. But Accordingly, the House resolved man, I yield myself such time as I may even during that time, there has never itself into the Committee of the Whole consume. been a more outspoken and more active House on the State of the Union for the Mr. Chairman, H.R. 659 is a com- advocate to relieve hunger in the consideration of the bill (H.R. 659) to prehensive measure that provides as- world. He has done a marvelous job, authorize appropriations for the pro- sistance for the preservation of two and we appreciate what he has done. tection of Paoli and Brandywine Bat- Now, I support the rule, and I am Revolutionary War battlefields in tlefields in Pennsylvania, to direct the going to support the bill. I have a little Pennsylvania. In addition, the bill au- National Park Service to conduct a amendment, I say to the gentleman thorizes the public-private partnership special resource study of Paoli and agreement for the construction of a from Pennsylvania (Mr. WELDON), that Brandywine Battlefields, to authorize says that all these historic landmarks museum on Federal land within Valley the Valley Forge Museum of the Amer- of Pennsylvania be moved to Ohio and Forge National Historical Park. ican Revolution at Valley Forge Na- all the funds go to the 17th District of Title I of H.R. 659, as amended, au- tional Historical Park, and for other Ohio. thorizes the Secretary of the Interior No, it does not really do that. It is purposes, with Mr. LAHOOD in the to provide up to $1.25 million to assist just a little amendment that says chair. in the protection and preservation of whatever funds we give and they create The Clerk read the title of the bill. the area known as the Paoli Battle- a museum or anything, it is just the The CHAIRMAN. Pursuant to the field. It also authorizes up to $3 million sense of the Congress. Because just rule, the bill is considered as having to assist in the protection and preser- today, another 350 jobs in Franklin, been read the first time. vation of an area known as the Meeting West Virginia, are going overseas. Under the rule, the gentleman from House Corridor, part of the Brandywine The Traficant amendment says they Utah (Mr. HANSEN) and the gentleman Battlefield. are not compelled to but to consider from Puerto Rico (Mr. ROMERO- In both instances, the funds provided ´ expending the dollars on American- BARCELO) each will control 30 minutes. are for land acquisition and all funds made goods. I know that the gentleman The Chair recognizes the gentleman provided by the Secretary are to be from Pennsylvania (Mr. WELDON) will from Utah (Mr. HANSEN). matched dollar for dollar by non-Fed- not oppose that. Mr. HANSEN. Mr. Chairman, I yield eral sources. Mr. WELDON of Pennsylvania. Mr. myself such time as I may consume. The Secretary is also authorized to Speaker, will the gentleman yield? Mr. Chairman, I rise in support of provide technical assistance and to Mr. TRAFICANT. I yield to the gen- H.R. 659 introduced by my colleague enter into cooperative agreements to tleman from Pennsylvania. the gentleman from Pennsylvania (Mr. provide for ownership and management Mr. WELDON of Pennsylvania. Mr. WELDON). of the battlefield by the non-Federal Speaker, I thank my good friend and H.R. 659, the Protect America’s partners. colleague for yielding, who does such a Treasures of the Revolution for Inde- Title I further authorizes a special fantastic job in this body and knows pendence of Our Tomorrow Act of 1999, resource study of the two battlefields. that I support, I think, almost every- otherwise known as the PATRIOT Act, Title II of H.R. 659 deals with a Val- thing that he stands for and speaks to. is a very important bill that is nec- ley Forge National Historical Park, We have a great working relationship. essary to protect two significant bat- which is so ably represented by the As my colleague knows, the money tlefields of the Revolutionary War and gentleman from Pennsylvania (Mr. that we are talking about is going to begin the process of developing a much HOEFFEL). The bill authorizes the Sec- actually buy land, which obviously will needed new visitor center at Valley retary to enter into an agreement be American land. But I appreciate the Forge National Historical Park. under appropriate terms and conditions efforts of the gentleman in constantly This bill would authorize appropria- with the Valley Forge Historical Soci- reaffirming to the American people tions for the protection of the Paoli ety to construct the Valley Forge Mu- that we are using their tax dollars to and Brandywine Battlefield in Pennsyl- seum of the American Revolution on always buy American products. vania. Appropriations for these battle- park property. The gentleman from

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Pennsylvania (Mr. HOEFFEL) has been a the names John Wilson, William very wealthy and a very high-priced strong supporter of this provision of MaGee, or Charles Temple? I think not, area. But the school has said that if the bill, and for that he is to be com- Mr. Chairman, because these are the someone comes up and offers to main- mended. names of over 50 patriots who were tain this property as a public property Unlike some other proposals for pub- slaughtered in the Paoli massacre. for the people of America to celebrate lic-private partnerships regarding park b 1630 one of the most sacred sites in our his- visitor centers, this proposal has been tory, that they will sell it for $2.5 mil- developed in a non-controversial man- These were young Americans. They lion. ner. were Americans who were 18, 19, 20 and So what happened over 2 years ago The Committee on Resources adopted 21 years of age, who only knew they was the folks in Chester County and an amendment in the nature of a sub- were struggling to have freedom and southeastern Pennsylvania got to- stitute for H.R. 659 that clarified sev- independence from the tyranny of gether and they formed the Paoli Pres- eral items in the bill and provided Great Britain. These patriots laid down ervation Fund. They have raised all some additional safeguards regarding their lives. In fact, Mr. Chairman, it but $100,000 that is necessary of the the development of a cooperative was on the evening of September 20, local match. The Commonwealth of agreement for a museum at Valley 1777, that the British troops were mov- Pennsylvania approved a $500,000 allo- Forge National Historical Park. With ing on our National Capital at Phila- cation. Chester County put money in. these changes, we support this legisla- delphia. There had been an unsuccess- Schoolchildren raised thousands of dol- tion and ask our colleagues to vote for ful battle at Brandywine. There had lars through their Pennies for the it. been another unsuccessful battle at the Paoli Campaign. Today, Mr. Chairman, Mr. Chairman, I ask for unanimous Battle of the Clouds. They were about as we are about to pass, hopefully, this consent to have the balance of my time ready to have a surprise attack on the bill with bipartisan support, all this be controlled by the gentleman from British. But unfortunately, the British will do is allow that money to be Pennsylvania (Mr. HOEFFEL). troops found out about it. The leader of matched on a dollar-for-dollar basis. The CHAIRMAN. Is there objection the British troops decided that they Now, for those who are concerned to the request of the gentleman from would not use their weapons, their that there might be some precedent Puerto Rico? guns, but rather they were told not to here, that perhaps we are adding to our There was no objection. have any weapons fired, but to let the National Park land, that is not the Mr. HANSEN. Mr. Chairman, I yield American patriots fire, so the British case. The Borough of Malvern has such time as he may consume to the could move on them in the dark of the agreed to be responsible for all oper- gentleman from Pennsylvania (Mr. night and only use their bayonets. ational funds for this site. There is no WELDON) the sponsor of this piece of They did that, Mr. Chairman. The requirement for Federal dollars to be legislation. British used their bayonets in ways put in to police the site. The site will Mr. WELDON of Pennsylvania. Mr. that we cannot describe and history not be owned by the Federal Govern- Chairman, first of all, I want to thank could never convey to us in real terms. ment. It will be maintained in its cur- my good friend the gentleman from They slaughtered young Americans. rent status, and the same thing applies Utah (Mr. HANSEN) for yielding me the They slaughtered them in such a ter- to the Battle of Brandywine, which the time. He has just been unbelievable in rible way that when the light of day gentleman from Pennsylvania (Mr. supporting this effort, which has in- came on September the 21st and people PITTS) has been in the forefront here volved well over a year. And without saw the remains of these young Ameri- since he came to this body several his support as the subcommittee chair- cans, it was no longer called the Battle years ago. That battlefield also strad- man, we would not here today. And of Paoli. It was referred to as the Paoli dles our congressional districts and is without the support of the full com- Massacre. another important site that we must mittee chairman the gentleman from Now, at that point in time, we were not lose to development. Alaska (Mr. YOUNG), we would not be not doing well in our Revolution. In Mr. Chairman, the final portion of here today. They have just been tire- fact, the morale of our troops was at this bill deals with an effort that all less in their support of our effort to risk. We all know the stories of the en- the major private collectors of Revolu- preserve these sites before they would campment at Valley Forge only a few tionary War artifacts have agreed that be developed. miles away from Paoli. But this battle they would work together with the I also want to add my thanks to the and the slaughter of our troops in- Valley Forge Historical Society, one of ranking member, the gentleman from spired our troops. The rallying cry for the oldest historical societies in Amer- Puerto Rico (Mr. ROMERO-BARCELO). He the rest of the war was, remember ica, a nonprofit organization that cur- has been fantastic. I do not know Paoli, and remember those patriots rently has a huge collection of Revolu- whether he has left the floor or not. He who were torn apart by the bayonets of tionary War artifacts. They have is an outstanding individual and an the British. agreed that if we move forward, and outstanding leader. He sat through a Mr. Chairman, that battle was a the Park Service can come to terms hearing in which we had over 100 school turning point in our struggle for inde- with them, that they will fund with children from all over Pennsylvania pendence. It was a turning point that private dollars, yet controlled by the come in. Many of them had helped in- allowed us to turn back the British and nonprofit Valley Forge Historical Soci- spire thousands of letters that were ultimately allowed us to prevail. ety, a new museum that they estimate written to Members of Congress in both Today, Mr. Chairman, that holy will be in the $30 to $40 million range. parties asking us to remember the pa- ground, that sacred ground, is being The museum will not be owned by a triots that are being honored today challenged. The owners of that piece of private citizen. It will be owned by the with this bill. property, the Malvern Preparatory historical society, one of the oldest in Mr. Chairman, we know the names School, no longer need the land. The America, and it will include all of the George Washington, Thomas Jefferson, land is in the same condition it was artifacts given to the historical society and Ben Franklin. We know their over 200 years ago. Nothing has by the major collectors of these arti- names because they have been recog- changed. They are saying they are facts nationwide. nized as great patriots who fought in going to have to sell it. Now, if they This is a good piece of legislation, the struggle for our Nation to receive sell this on the open market, which Mr. Chairman. As I said before, school- its independence. We visit their histor- they have projected they would do children have seen this as a way to im- ical sites at Monticello and Mount later this year if we do not take action, pact our democracy. In fact, the chil- Vernon and Franklin Court to learn that land will bring tens of millions of dren from a number of schools have more about these great people. But dollars because it is along the Main traveled to this Capital, attended con- today I ask my colleagues, do we know Line that runs out of Philadelphia, a gressional hearings, and several of

VerDate jul 14 2003 14:20 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00036 Fmt 0688 Sfmt 0634 E:\BR99\H22JN9.001 H22JN9 13852 CONGRESSIONAL RECORD—HOUSE June 22, 1999 them actually spoke at that hearing. would like to start by thanking the ican army under the leadership of Gen- From Exton Elementary School, East gentleman from Utah (Mr. HANSEN) and eral Washington retired for the winter Goshen Elementary School, the K.D. the gentleman from Puerto Rico (Mr. to Valley Forge. We are all familiar Markley School, the Sugartown Ele- ROMERO-BARCELO´ ) for their leadership with the history of the Valley Forge mentary School and many of the stu- on this important legislation. I par- encampment. As far as I am concerned, dents at Malvern have come out and ticularly want to compliment the gen- that is where the American Revolution said this is something that America tleman from Pennsylvania (Mr. was truly won. No shots were fired. But needs to do. WELDON) for an extraordinary effort to because of the American army that ar- As I mentioned during the debate on bring this matter forward, for his kind- rived there tired and hungry and ill- the rule, ‘‘Good Morning America’’ last ness in reaching out to me as soon as I clothed and ill-trained and ill-equipped July 4 used this story about Paoli as took office in a bipartisan fashion to emerged 6 months later, after the sup- their national focus piece as we cele- work together on this bill, and to com- port of French military officers and brated the independence of America. Is pliment him on the best congressional Prussian military officers with the tre- it not fitting that if we pass this bill hearing I have ever attended, that he mendous leadership of George Wash- today, on this July 4, ‘‘Good Morning put together with schoolchildren from ington and American officers, the America’’ can come back and thank Malvern, that the gentleman from American forces emerged from Valley Members of both parties for their fore- Utah presided over and the gentleman Forge in June of 1778 as an effective sight and for their leadership in allow- from Puerto Rico. It was a great day, a fighting force that went on to win our ing this bill to move forward. great day for schoolchildren to be in- independence. Mr. Chairman, I would be remiss if I volved in celebrating American revolu- So we are memorializing here and saving and preserving the two battle- did not mention one individual who has tionary history, and now we are seeing fields that led to the encampment at been a tireless advocate for this effort. the fruits of the gentleman from Penn- Valley Forge, and we are offering an While I am standing here as the origi- sylvania’s efforts here on the floor. opportunity to give a far more impres- nal author of this bill, the credit for I also want to thank the gentleman sive experience at Valley Forge with a this goes to another great patriot, an- from Pennsylvania (Mr. PITTS) for his new, revamped visitors center and a other great American, Pat McGuigan. cooperation and efforts on that day as greatly improved opportunity for his- It has been due to Pat McGuigan’s dili- well. torical artifacts to be presented gence that we are here today, because The PATRIOT Act, which is before through a Valley Forge Museum of the Pat has committed his life to service us, is a very good piece of legislation. American Revolution. We will offer on behalf of our country. He served in It would authorize $1.25 million for the purchase of the Paoli Battlefield. It better education for the valor and the the military for, I believe, 31 years, determination and the courage and the would authorize $3 million for the pur- from 1951 to 1982. He had assignments resolve that Americans showed at both chase of the Brandywine Battlefield. It in Korea, Japan, South Vietnam, West those battle sites and for the 6 months would authorize the National Park Germany, Italy and the United States. where they survived a bitter winter at Service to work together to plan an ag- He received during his service nearly Valley Forge and emerged as an effec- gressive and effective interpretation of two dozen awards and decorations. He tive fighting army. We will preserve those battlefields for the benefit of retired from active duty as a command those battlefields so that future gen- American citizens. And it would au- sergeant major and returned to service erations can appreciate the sacrifices thorize the National Park Service to at the Valley Forge Military Academy, that were made there. And the Park enter into a joint agreement, a private- which is right near each of these sites. Service will be asked to interpret those He served as a special assistant to the public partnership, with the Valley battlefields and come up with a plan superintendent, a department head, Forge Historical Society to build a new that is a meaningful description of the and an instructor. He spent his time visitors center at the Valley Forge Na- history and importance of those sites training young men for a future in tional Historical Park to be run by the for the benefit of all Americans that service to their country. As many of us Park Service and a Valley Forge Mu- visit. probably know, General Schwarzkopf is seum of the American Revolution to be The museum that is proposed at Val- one of the famous graduates of Valley run by the historical society, hopefully ley Forge is desperately needed. The Forge. In 1991 until just recently, Pat under one roof, in a way that would Valley Forge Historical Society was continued his service to his community make the best possible experience for founded in 1918. They have a museum as manager of Malvern Borough. He visitors to Valley Forge, with a new, in the park now. It is not adequate. It dedicated the last 5 years to saving up-to-date visitors center run by the does not have the space needed. It does this land. Park Service and what will be an out- not have the climate control to safely I ask our colleagues to join with us standing Valley Forge Museum of the store all of the artifacts that they pos- in a bipartisan effort in remembering American Revolution run by the His- sess. And as the gentleman from Penn- the great patriots of this country, torical Society of Valley Forge. sylvania (Mr. WELDON) has pointed out, those who fought for our independence. The gentleman from Pennsylvania additional artifacts are available for a I want to say to Pat McGuigan, you are (Mr. WELDON) has set forth very effec- new museum if a proper museum is an example of a modern-day patriot, as tively the importance of what we are built. It is a very exciting opportunity is the gentleman from Ohio (Mr. HALL) trying to save. The land that was in- that the historical society and its for his service to our country and to volved in both the Brandywine Battle- President, Jean-Pierre Bouvel, have our people. field and the Paoli Massacre is truly presented to the Park Service, a pub- I want to thank the gentleman from land that was the beginning of the lic-private partnership that will really Pennsylvania (Mr. HOEFFEL) for his co- American revolutionary fight for free- make a difference and provide an excel- operation and leadership. I see the gen- dom. It is true that the American lent opportunity under one roof for a tleman from New Jersey (Mr. AN- forces lost at Brandywine. They were new visitors center and a new museum. DREWS) on the floor who has been a overrun by the British, although they I urge all my colleagues to support tireless advocate, and an original co- did buy additional time to protect the this project. It will be a remarkable sponsor of this, the gentleman from city of Philadelphia a little while preservation, not just of open space but Utah (Mr. HANSEN), the gentleman longer from the British invasion. And of historical open space that is funda- from Alaska (Mr. YOUNG), the gen- it is true that at Paoli, Americans were mental to our national history and a tleman from Pennsylvania (Mr. PITTS) massacred at night and it truly was an- remarkable partnership with the pri- and everyone else who has helped make other disastrous defeat for America. vate sector through the Valley Forge this bill today become a reality. But in those two military operations Historical Society to better present the Mr. HOEFFEL. Mr. Chairman, I yield was forged the beginning of a winning history of the American Revolution to myself such time as I may consume. I spirit. Several months later, the Amer- all Americans.

VerDate jul 14 2003 14:20 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00037 Fmt 0688 Sfmt 0634 E:\BR99\H22JN9.001 H22JN9 June 22, 1999 CONGRESSIONAL RECORD—HOUSE 13853 Mr. Chairman, I reserve the balance hand how important good education is by my colleagues. There is a good of my time. to our children, and students in this re- chance that there would not be a Mr. HANSEN. Mr. Chairman, I yield 5 gion have the opportunity to grow up United States of America without the minutes to the gentleman from Penn- in an area rich with history. They have bravery and valor of those who sac- sylvania (Mr. PITTS). the opportunity to learn firsthand rificed their lives on the battlefields Mr. PITTS. Mr. Chairman, first I about the sacrifice that many Ameri- that will be commemorated and con- want to applaud the gentleman from cans made for our freedom. secrated by this legislation. But not Pennsylvania (Mr. WELDON) for intro- Chris Curtis, who is a student from only is their sacrifice worthy of ducing this legislation and for the lead- Exton Elementary School in my dis- present mention, the reasons for which ership in protecting Paoli and Brandy- trict wrote a letter to the gentleman they have sacrificed have echoed wine Battlefields and thank the gen- from Pennsylvania (Mr. WELDON), to through these very halls in the last few tleman from Utah (Mr. HANSEN) for his myself, urging Congress to protect the days. support and leadership. Paoli Battlefield by passing this act, We have spent much of our time de- Preserving America’s historic treas- and here is what he writes: bating issues of religious liberty, the ures is essential if we as a Nation are ‘‘I think you should preserve the establishment of religion, the impor- to remember our past and our rich cul- Paoli Battlefield because 53 people died tance of a well-regulated militia. tural heritage. It is particularly impor- for our country there. We also want to Issues that were the core of the dispute tant to remember the sacrifices of our remember Paoli because we don’t want over 200 years ago are the core of our forefathers that they made to secure to forget or bury our memories of those debates and disputes in the last few independence and build a new country who fought so hard for our freedom. We which today is the world leader in free- hours. So for those who would doubt also need to remember the relatives of the relevance of this history, I would dom and democracy. Brandywine and those who died there. We never want to Paoli Battlefields are among the few not direct them not to the events of forget that generation of brave soldiers several decades or centuries ago, I Revolutionary War battlefields that re- who died for our country when it was main unprotected and are threatened would direct them to the debates we just beginning.’’ have had on this very floor this very by rapid development in the region. It I could not say it better myself. only takes a quick drive through the day. For our children’s sake we must pre- For reasons of ecology I know that beautiful Brandywine region to see the serve this valuable historic land. Pre- rapid and congested development that my friend, the gentleman from Penn- serving this land will ensure that fu- sylvania (Mr. HOEFFEL), in particular is closing in on the battlefield grounds. ture generations will be able to experi- For this reason, it is essential that the has made the preservation of open ence how the battle unfolded, and his- space a major priority of his tenure PATRIOT Act becomes law and that tory connects people and nurtures Brandywine and Paoli Battlefields are here, and those of us who are involved identity and community. The local in this debate are pleased to join him preserved for future generations to communities have been doing their enjoy and appreciate. in the preservation of some very impor- part to preserve the land. They will tant open space in an area that is b 1645 continue to do so. It is now time for under intense pressure for develop- The PATRIOT Act will preserve a the Federal Government to do its part. ment. The Federal Government exists for portion of the Brandywine Battlefield As the gentleman from Pennsylvania the people. The people want and need where the most intense conflict and (Mr. PITTS) just said, one of the most to preserve this land. It is our duty to loss of life took place. The Battle of desirable areas in America to live and act accordingly. I urge support for the Brandywine was the largest battle develop a business are these areas. House Resolution 659. of the Revolutionary War in terms of That is because they are so proximate Mr. HOEFFEL. Mr. Chairman, I yield number of participants, approximately to southern New Jersey I might add for 3 minutes to the gentleman from New 26,000 British and American troops. It the record. But there is intense scru- Jersey (Mr. ANDREWS). is the only battle where all the gen- tiny and pressure for development. It is erals of both sides were convened. It Mr. ANDREWS. Mr. Chairman, I thank my friend from Pennsylvania for very important that this is one of the was also the major conflict in the Brit- tools for open space preservation that ish campaign of 1777 that conquered yielding this time to me. I want to thank and congratulate the gentleman is at our disposal, and we are very wise Philadelphia. While the British eventu- to use it under this legislation. ally took Philadelphia, the Battle of from Utah (Mr. HANSEN) and the gen- Finally, for reasons of prosperity, I the Brandywine was significant in de- tleman from Puerto Rico (Mr. ROMERO- would note that there are 1 million laying the British campaign and allow- BARCELO) for their leadership in bringing the Congress to abandon the city ing this measure to floor on behalf of schoolchildren living in Pennsylvania, and to move to Lancaster, also in my my constituents who are part of the re- New Jersey, and Delaware, proximate district, and then to York to escape the gion that will be most immediately to the location of the sights that are British takeover. benefit by this legislation. I thank my mentioned in this bill. Two of them are It is evident that the battles of Bran- colleagues. my schoolchildren, and I know that dywine and Paoli are an integral part I also want to commend my friend, those schoolchildren will benefit great- of American history. It would be a the gentleman from Pennsylvania (Mr. ly from the proximity of these con- tragedy if this history were to be lost WELDON), who has approached this leg- secrated sights and the museum which to rapid development. The local com- islation with his usual tenacity and en- I am sure will follow so they can learn munities in the regions of Brandywine thusiasm and given us all a model to the lessons of our history and apply and Paoli have recognized this, they follow on the effort to get something those lessons in an intelligent way to have worked together closely to pre- like this to the floor. I congratulate our future. serve this land. In fact, I applaud the him and all those involved, and I espe- So I would again commend the au- Brandywine community for already cially want to thank my new colleague thor of the legislation for his tenacity. raising enough money to match the and friend the gentleman from Penn- He is doing a great service to our re- Federal assistance necessary for pres- sylvania (Mr. HOEFFEL) for his effec- gion. I am very proud to stand with ervation. It is particularly encouraging tiveness in helping to move a piece of him in support of this legislation. to witness local students and their legislation this important to the floor Mr. HANSEN. Mr. Chairman, I yield 5 work to raise money to build support this early in his tenure, and we appre- minutes to the gentleman from Indiana for the preservation of these battle- ciate his efforts. (Mr. SOUDER). fields. I support this legislation for reasons Mr. SOUDER. Mr. Chairman, I thank I was once a school teacher before I of history, ecology and prosperity. The our distinguished chairman. One of my went into public service. I know first- historical angle has been well described privileges in this Congress has been to

VerDate jul 14 2003 14:20 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00038 Fmt 0688 Sfmt 0634 E:\BR99\H22JN9.001 H22JN9 13854 CONGRESSIONAL RECORD—HOUSE June 22, 1999 join the Committee on Natural Re- largest movements in education in rights of the people around those bat- sources, and particularly the Sub- America, as we have seen it in the tlefields, the people who care about our committee on National Parks and Pub- Committee on Education and the heritage, who care about what is going lic Lands with the gentleman from Workforce and other places, is towards on in our Nation, and I am very trou- Utah (Mr. HANSEN), and I really en- brain research and trying to and cap- bled by what is occurring at Gettys- joyed this. I sought out appointment to italizing on the new research results burg. this committee because of my interest and findings that are showing that kids Mr. Chairman, there is an attempt, in historic preservation and in the interact so much better when they can and in fact a general management plan roots of our Nation. sense something, participate in some- was just approved by the Interior De- My friend and colleague from Penn- thing, in addition to just being taught partment last Friday for a public-pri- sylvania (Mr. WELDON) is not only an it. vate partnership in Getysburg, and I enthusiastic champion, he is probably As we see our national parks and our know that many of the members of this the foremost expert on Russia, and I historic parks in particular reaching committee have expressed their con- had a great privilege to go with him in out to involve those schoolchildren in cern and their consternation, but still December. In understanding the roots interactive activities, it is a major ad- the Department of Interior and the of our liberty and our traditions and vance. They often have pre-and post- Parks Department continues to move our culture is essential, and part of programs that they can send, and we forward. that is the part of our park system in ought to be looking at ways not only People in the community have said the development of the understanding for the regional areas around Pennsyl- that they are upset that they do not and the outreach of that park system, vania who will have access to this but have input in this plan, and still the and I wanted to make two points: the many field trips that come into Interior Department and the Bureau of In addition to Pennsylvania clearly Washington, D.C. have access to this Parks continues to move forward. This being much of the cradle of our liberty type of thing too because it is a way to new visitors center in Gettysburg is from Independence Hall out to Valley get our young people involved so they going to move farther away from the Forge and Paoli and Brandywine and understand the fundamental downtown area where I would remind the capital moving to York, and my underpinnings of our liberty, what peo- my colleagues that Day Two of the personal favorite, John Dickenson, the ple had to do and fight for to get there. Battle of Gettysburg was fought. In letters of Pennsylvania farmer who It is not just something handed to fact, the confederates over ran the then argued against the revolution, but them, and so much of the efforts of the town of Gettysburg. Many very important things occurred while the others were still talking, he Subcommittee on National Parks and in Gettysburg, and now, unlike the vis- went out and actually fought. Pennsyl- Public Lands, particularly in the his- itor center that is currently there, vania has all this centered there. toric areas is critical to our long-term many pedestrians will be unable to And I want to make a couple points: preservation of liberty in America, and walk over a mile from where this new One is the battlefield integrity. It is I want to congratulate all my col- site is proposed to be built to the town really important for the understanding leagues from Pennsylvania who have of Gettysburg. And so businessmen who of American citizens to be able to go been a leader in this in addition to the have invested in the community, his- out where there has not been a lot of gentleman from Utah (Mr. HANSEN). torical groups that have fought to pre- alteration, and as we work in our na- Mr. HOEFFEL. Mr. Chairman, I yield serve what has happened in Gettys- tional parks, in the historic parks it is 7 minutes to the gentleman from Penn- burg, will all be left behind, and all of not supposed to be a natural preserve, sylvania (Mr. KLINK). this will be moved a mile away from it is supposed to be a historic preserve Mr. KLINK. Mr. Chairman, I thank the City of Gettysburg. And in this so we can understand what the soldiers the gentleman for yielding this time to plan over 600 acres of trees will be faced at that particular point in time, me, and first of all I want to applaud taken down, 45 acres of which are going my colleagues because this is a very and when we have these rare opportu- to be destroyed where this new site is good bill, and I want to support it. But nities to get that land, we should pur- planned. chase it. I cannot stand by without taking this The problem with what is occurring Secondly, visitor centers, and I think opportunity to also talk about another is that unlike the visitor center that in the current budget pressures we battlefield which is located in Pennsyl- Congress is about to authorize today have no choice but to move to more vania where a great difference was for Valley Forge and unlike the visitor public-private partnerships. There are caused, a great difference in holding center that Congress has already au- dangers in the commercialization of our Nation together, and that is the thorized for the Independence National our park system, but if we do this battlefield at Gettysburg. Historical Park in Philadelphia, for right, we can actually expand our abil- The difference between this bill and Zion, and Rocky Mountain National ity to provide information not only to what is occurring at Gettysburg is the Parks, they also involved public-pri- young people, but to adults. fact that these projects are an example vate partnerships. A couple of points with this: of how a process should work, of how Now Congress will not have a role in One is we need better visitor centers input should be across party lines, it what is going on at Gettysburg because in a number of our key historical parks should be at various levels of govern- of a loophole. What is the loophole? so that we can make history more un- ment, it should be with people in the The Gettysburg visitor center is derstandable. Secondly, the artifacts community, and so this is a very fine planned to be built within the parks of that we have, as was mentioned here bill. It is going to do a lot of wonderful the national park, but it will be built related to Valley Forge, is also true at things so that the heritage of our Na- on private land so that none of the fed- Gettysburg, and other locations are tion, as portrayed at Brandywine and eral procurement or workers protec- often scattered. Paoli, are going to be preserved for tion will apply to the construction or Many of them are in harm’s way, and generations to come. operation of that visitor center. we need better facilities to restore I hate to be the skunk at a garden these. Once they are lost, they are per- party. It would be nice to come to the b 1700 manently lost, and there are some floor and only talk about all of the What does that mean? It means that places that are so critical to our Amer- wonderful things this bill does. But we none of those visitors’ centers, that the ican history, we should try to preserve cannot expect to remember what hap- other visitors centers that I mentioned these before they are lost and protect pened at Brandywine and Paoli and at the other sites involved commercial them before they are lost to future what happened during the Civil War at loans or commercial activities. At Get- generations. Gettysburg if we are not willing to step tysburg you will see a huge cafeteria And then the outreach programs. forward and express some discomfort that is going to take away business There is no question that one of the ourselves to protect the speech and the from the local restaurants.

VerDate jul 14 2003 14:20 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00039 Fmt 0688 Sfmt 0634 E:\BR99\H22JN9.001 H22JN9 June 22, 1999 CONGRESSIONAL RECORD—HOUSE 13855 We will also see that the ability to will call on my friends in this Congress Powson; and the local council member skirt Federal rules on employment, of to act with me over the next 30 days. of Malvern, Sara Bones, who con- contracting and procurement, rules We have a 30-day period. Let us call stantly prodded this through. like Davis-Bacon and rules requiring this bureaucracy to account for what It was a tireless effort on behalf of competitive bidding to protect against they have done. Let us make sure that many people, and again, I want to sweetheart deals will be waived at Get- what we are doing at Gettysburg is just thank everyone for allowing us to get tysburg. Congress needs to have the as responsible, just as well thought to this point in time. ability to step back and tell the Inte- out, as what we are doing today at Mr. HOEFFEL. Mr. Chairman, I yield rior Department, the Bureau of Parks, Paoli and Brandywine. myself such time as I may consume. let us listen to the community. Let us Mr. HANSEN. Mr. Chairman, I yield 2 I would simply like to add to that answer the questions about what is minutes to the gentleman from Penn- long list of thank yous that the gen- going on at Gettysburg. sylvania (Mr. WELDON). tleman just read a thank you and com- I am really troubled, and I would say Mr. WELDON of Pennsylvania. Mr. pliment to Jon Pierre Bouvel of the to all of my colleagues, one of the men Chairman, I thank the distinguished Valley Forge Historical Society for his who owns some of the property there is gentleman for yielding me this time leadership in marshalling local support a gentleman named Eric Uberman. He for the appropriate thank yous. We for this public-private partnership; and appeared on the Today Show on NBC stand up on this floor and we take also thanks to Paul Decker, the Execu- this morning where he was asked ques- credit when legislation is passed, but tive Director of the Valley Forge Con- tions about this. He found out on the all of us in this body know that the vention and Visitor Bureau and a num- QT that, in fact, Federal employees real credit for the legislation goes to ber of Montgomery County officials were in his business, people who work those staff people who work tirelessly who have been in strong support of this for the Parks Department, he imag- behind the scenes to work with us to public-private partnership at Valley ines, taking photographs surrep- help make things happen. It would be Forge. titiously, surveillance of his property. I inappropriate for me not to recognize Mr. Chairman, I yield back the bal- have those photographs here. those people who helped make this day ance of my time. I would ask my colleagues, what is possible. Mr. HANSEN. Mr. Chairman, I yield going on? When we are talking about I want to thank Todd Hall for his back the balance of my time. the protections at Brandywine, at outstanding work on our behalf; Alan The CHAIRMAN. All time for general Paoli, when we are talking about pre- Freemayer from the full committee for debate has expired. serving our country at Gettysburg, how his work. I want to thank Cheri Sexton Pursuant to the rule, the committee can we in Congress stand by and allow and Marsha Stewart. I want to thank amendment in the nature of a sub- a Federal department, whether it is the Rick Healy for his tremendous help. stitute printed in the bill shall be con- Department of the Interior, whether it There he is over there on the minority sidered as an original bill for the pur- is the EPA, whether it is the FBI; we side. It was, in fact, a bipartisan staff pose of amendment under the 5-minute are talking about all of the great cour- effort that allowed us to get here. rule by title, and each title shall be age that was shown on these battle- I would be totally remiss if I did not considered read. fields. Can we not in Congress show mention my staffer who has spent 2 During consideration of the bill for some courage and say, it is up to us, years working this issue, Erin Coyle. amendment, the Chair may accord pri- the elected people of the people’s This is her fist major bill. You did a ority in recognition to a Member offer- House, to determine if the Federal Gov- fantastic job, Erin Coyle, so you can ing an amendment that he has printed ernment has run roughshod over these bask in the glory of the passage of this in the designated place in the Congres- businesses? If the employees from the bill today. Without you, it would not sional RECORD. Those amendments will Parks Department or the Interior De- have happened. be considered read. partment who took all of these photo- I also want to say to our colleagues, The Chairman of the Committee of graphs of the interiors and exteriors of Mr. Chairman, this is a unique bill. the Whole may postpone until a time businesses in Gettysburg, if they had a When my distinguished friend had the during further consideration in the legitimate purpose, why did they not hearing, the key witness was none Committee of the Whole a request for a go to Mr. Eric Uberman? Why did they other than George Washington. George recorded vote on any amendment and not step forward and say, in deter- Washington in the form of Jim Galla- may reduce to not less than 5 minutes mining what our plan is going to be, we gher, who has played George Wash- the time for voting by electronic de- need to take some pictures of your ington in the reenactment of the Dela- vice on any postponed question that business, and we want your input, too, ware River crossing for something like immediately follows another vote by Mr. Uberman. Why did Mr. Uberman 10 years, came down to Washington and electronic device without intervening have to find out on the QT and then actually presented the testimony as business, provided that the time for file a FOIA, which took well over a perhaps General George Washington voting by electronic device on the first month, to get access to those photo- would have done 200 years ago to pro- in any series of questions shall not be graphs? tect this site. So we thank General less than 15 minutes. The Clerk will designate section 1. It is up to us, I say to my colleagues. Washington, Jim Gallagher, for being The text of section 1 is as follows: We talk about courage. We talk about here. those who died during the Revolu- Ed Barrs, who is the historian emer- Be it enacted by the Senate and House of Rep- resentatives of the United States of America in tionary War, who died during Gettys- itus of the Park Service for his co- Congress assembled, burg and who preserved this Nation at operation; from the Park Service itself SECTION 1. SHORT TITLE. a time of strife during the 1860s. What Don Berry; Jim Pepper and Arthur This Act may be cited as the ‘‘Protect Amer- about 1999? Is this Congress any less Stewart from Valley Forge. ica’s Treasures of the Revolution for Independ- patriotic to step forward to protect I also want to thank the local folks. ence for Our Tomorrow Act’’ or the ‘‘PATRIOT these businesspeople? Even if they are Governor Ridge, State Senator Thomp- Act’’. right, if the Interior Department is son, State Representative Flick; coun- The CHAIRMAN. Are there any right, if the Parks Department is right, ty commissioners from Chester Coun- amendments to section 1? why do we not step forward and say, ty, Republicans Carla Hanna and Karen AMENDMENT OFFERED BY MR. KLINK hold your horses, stop; let Congress in- Martynick and Democrat Andrew Mr. KLINK. Mr. Chairman, I offer an vestigate this. Denniman. They were unanimous in amendment. Again, I laud all of my colleagues. I their support. The Clerk read as follows: am in support of this bill. I will offer I also want to thank Henry Briggs Amendment offered by Mr. KLINK: and withdraw my amendment simply from the Malvern Borough; the Chester Page 2, after line 6, insert the following so we can have it in the record, and I County Chamber of Commerce, Rob new section:

VerDate jul 14 2003 14:20 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00040 Fmt 0688 Sfmt 0634 E:\BR99\H22JN9.001 H22JN9 13856 CONGRESSIONAL RECORD—HOUSE June 22, 1999 SEC. 2. CONGRESSIONAL AUTHORIZATION RE- tleman from Pennsylvania is not preservation and interpretation of the battle- QUIRED FOR CERTAIN NEW CON- speaking to the point of order, but is field’s resources. STRUCTION WITHIN THE GETTYS- speaking to his amendment. As I un- (c) AUTHORIZATION OF APPROPRIATIONS.— BURG NATIONAL MILITARY PARK. There are authorized to be appropriated (a) IN GENERAL.—Notwithstanding any derstand it, he should confine his re- $3,000,000 to carry out this section. Such funds other provision of law, the Secretary of the marks to the point of order. shall be expended in the ratio of $1 of Federal Interior may not authorize the construction The CHAIRMAN. The gentleman’s re- funds for each dollar of funds contributed by of any visitor’s center or museum in the marks should be addressed to the point non-Federal sources. Any funds provided by the proximity of or within the boundaries of Get- of order. Secretary shall be subject to an agreement that tysburg National Military Park, unless Con- Mr. KLINK. Mr. Chairman, I think provides for the protection of the land’s re- gress has specifically authorized the con- sources. struction of such visitor’s center or museum. that during the general debate I have SEC. 103. STUDY OF BATTLEFIELDS. (b) APPROVAL IN VIOLATION OF THIS SECTION had the opportunity to make my point (a) IN GENERAL.—Not later than 18 months INEFFECTIVE.—If the Secretary, through ap- on this bill, and I respect greatly the proval of a General Management Plan or any chairman and ranking member of the after the date on which funds are made avail- other action, approves construction of a visi- able to carry out this section, the Secretary committee. shall submit to the Committee on Energy and tor’s center or museum in violation of this Mr. Chairman, I ask unanimous con- section after June 15, 1999, approval of such Natural Resources of the Senate and the Com- sent to withdraw the amendment. mittee on Resources of the House of Representa- construction shall not be valid and shall The CHAIRMAN. Is there objection have no force or effect. tives a resource study of the property described (c) EFFECTIVE DATE.—This section shall be to the request of the gentleman from in sections 101 and 102. deemed to have been enacted and taken ef- Pennsylvania? (b) CONTENTS.—The study shall— fect on June 15, 1999. There was no objection. (1) identify the full range of resources and historic themes associated with the Paoli Battle- Mr. KLINK (during the reading). Mr. The CHAIRMAN. The Clerk will designate title I. field and the Brandywine Battlefield, including Chairman, I ask unanimous consent their relationship to the American Revolu- that the amendment be considered as The text of title I is as follows: tionary War and the Valley Forge National His- read and printed in the RECORD. TITLE I—PAOLI AND BRANDYWINE torical Park; and The CHAIRMAN. Is there objection BATTLEFIELDS (2) identify alternatives for National Park to the request of the gentleman from SEC. 101. PAOLI BATTLEFIELD PROTECTION. Service involvement at the sites and include cost Pennsylvania? (a) PAOLI BATTLEFIELD.—The Secretary of the estimates for any necessary acquisition, development, interpretation, operation, and mainte- There was no objection. Interior (hereinafter referred to as the ‘‘Sec- retary’’) is authorized to provide funds to the nance associated with the alternatives identi- POINT OF ORDER borough of Malvern, Pennsylvania, for the ac- fied. Mr. HANSEN. Mr. Chairman, I make quisition of the area known as the ‘‘Paoli Bat- (c) AUTHORIZATION OF APPROPRIATIONS.— a point of order. tlefield’’, located in the borough of Malvern, There are authorized to be appropriated such The CHAIRMAN. The gentleman will Pennsylvania, as generally depicted on the map sums as may be necessary to carry out this sec- state his point of order. entitled ‘‘Paoli Battlefield’’ numbered 80,000 and tion. Mr. HANSEN. Mr. Chairman, the dated April 1999 (referred to in this title as the The CHAIRMAN. Are there amend- amendment is not germane under rule ‘‘Paoli Battlefield’’). The map shall be on file in ments to title I? XVI, clause 7 of the Rules of the House the appropriate offices of the National Park If not, the Clerk will designate title of Representatives because it deals Service. II. (b) COOPERATIVE AGREEMENT AND TECHNICAL The text of title II is as follows: with a different subject matter than ASSISTANCE.—The Secretary shall enter into a the text. cooperative agreement with the borough of Mal- TITLE II—VALLEY FORGE NATIONAL The CHAIRMAN. Does any Member vern, Pennsylvania, for the management by the HISTORICAL PARK wish to be heard on the point of order? borough of the Paoli Battlefield. The Secretary SEC. 201. SHORT TITLE. Mr. KLINK. Mr. Chairman, I ask to may provide technical assistance to the borough This title may be cited as the ‘‘Valley Forge be recognized against the point of of Malvern to assure the preservation and inter- Museum of the American Revolution Act of order. pretation of the battlefield’s resources. 1999’’. Mr. Chairman, as I said during the (c) AUTHORIZATION OF APPROPRIATIONS.— SEC. 202. FINDINGS AND PURPOSE. general debate, and I understand that There are authorized to be appropriated (a) FINDINGS.—The Congress finds the fol- $1,250,000 to carry out this section. Such funds the point of order will probably be sus- lowing: shall be expended in the ratio of $1 of Federal (1) Valley Forge National Historical Park, for- tained, and so I would, therefore, not funds for each dollar of funds contributed by merly a State park, was established as a unit of try to be repetitive. I understand that non-Federal sources. Any funds provided by the the National Park System in 1976. The National the chairman has expressed himself Secretary shall be subject to an agreement that Park Service acquired various lands and struc- some concerns about the same thing, provides for the protection of the land’s re- tures associated with the park, including a vis- and I do not want to be redundant; sources. itor center, from the Commonwealth of Pennsyl- however, I would like to be recognized SEC. 102. BRANDYWINE BATTLEFIELD PROTEC- vania. for one moment. TION. (2) Valley Forge National Historical Park (a) BRANDYWINE BATTLEFIELD.— Because what is happening, Mr. maintains an extensive collection of artifacts, (1) IN GENERAL.—The Secretary is authorized books, and other documents associated with the Chairman, at Gettysburg is atrocious. I to provide funds to the Commonwealth of Penn- Continental Army’s winter encampment of 1777– think this probably does relate to these sylvania, a political subdivision of the Common- 1778 at Valley Forge, Revolutionary War-era ar- other battlefields. That is why we wealth, or the Brandywine Conservancy, for the tifacts of military life, important archaeological thought this was the amendment to acquisition, protection, and preservation of land resources, and numerous structures and associ- bring this amendment forward. in an area generally known as the Meeting- ated artifacts. Again, the Park Service has decided house Road Corridor, located in Chester Coun- (3) Between 1982 and 1997 the National Park that they need to move a new visitors’ ty, Pennsylvania, as depicted on a map entitled Service completed a general management plan, center a mile or so outside of the town ‘‘Brandywine Battlefield—Meetinghouse Road long-range interpretive plan, and strategic busi- Corridor’’, numbered 80,000 and dated April 1999 ness plan for Valley Forge National Historical of Gettysburg. The problem is that the (referred to in this title as the ‘‘Brandywine Park that establish goals and priorities for man- people of Gettysburg have not been Battlefield’’). The map shall be on file in the ap- agement of the park. able to address this problem. They propriate offices of the National Park Service. (4) These plans identify inadequacies in the have not been part of the decision- (2) WILLING SELLERS OR DONORS.—Interests in park’s current visitor center and interpretive making. That is why this amendment, land shall be acquired pursuant to this section programs. The plans call for the development of I thought, was so important to this only from willing sellers or donors. a new or significantly renovated visitor center bill. (b) COOPERATIVE AGREEMENT AND TECHNICAL that would make the collection accessible to the ASSISTANCE.—The Secretary shall enter into a The CHAIRMAN. The gentleman public through exhibits and research facilities. cooperative agreement with the same entity that Plans also call for improving the interpretation from Pennsylvania (Mr. KLINK) will is provided funds under subsection (a) for the of the landscape and improving the circulation suspend. management by the entity of the Brandywine into and through the park. Mr. HANSEN. Mr. Chairman, let me Battlefield. The Secretary may also provide (5) The Valley Forge Historical Society was respectfully point out that the gen- technical assistance to the entity to assure the established in 1918 as a nonprofit organization

VerDate jul 14 2003 14:20 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00041 Fmt 0688 Sfmt 6333 E:\BR99\H22JN9.001 H22JN9 June 22, 1999 CONGRESSIONAL RECORD—HOUSE 13857 to preserve and interpret for future generations used to offset the expenses of the museum’s op- up with an excellent amendment, and the significant history and artifacts of the eration; and this side accepts the amendment. American Revolution in their historic setting at (6) authorize the Society to occupy the struc- Mr. TRAFICANT. Mr. Chairman, I ture(s) so constructed for the term specified in Valley Forge. The Valley Forge Historical Soci- urge an ‘‘aye’’ vote on the amendment, ety has amassed valuable holdings of artifacts, the Agreement and subject to the following art, books, and other documents relating to the terms and conditions: and I yield back the balance of my 1777–1778 encampment of Washington’s Conti- (A) The conveyance by the Society to the time. nental Army at Valley Forge, the American Rev- United States of America of all right, title, and The CHAIRMAN. The question is on olution, and the American colonial era. The So- interest in the structure(s) to be constructed at the amendment offered by the gen- ciety continues to pursue additional important Valley Forge National Historical Park. tleman from Ohio (Mr. TRAFICANT). collections through bequests, exchanges, and ac- (B) The Society’s right to occupy and use the The amendment was agreed to. structure(s) shall be for the exhibition, preserva- quisitions. The CHAIRMAN. Are there other (6) The Society’s collection is currently housed tion, and interpretation of artifacts associated with the Valley Forge story and the American amendments? in a facility inadequate to properly maintain, If not, the question is on the com- preserve, and display their ever-growing collec- Revolution, to enhance the visitor experience of tion. The Society is interested in developing an Valley Forge National Historical Park, and to mittee amendment in the nature of a up-to-date museum and education facility. conduct appropriately related activities of the substitute, as amended. (7) The Society and the National Park Service Society consistent with its mission and with the The committee amendment in the have discussed the idea of a joint museum and purposes for which the Valley Forge National nature of a substitute, as amended, was education and visitor facility. Such a collabo- Historical Park was established. Such right agreed to. rative project would directly support the histor- shall not be transferred or conveyed without the The CHAIRMAN. Under the rule, the ical, educational, and interpretive activities and express consent of the Secretary. (C) Any other terms and conditions as may be Committee rises. needs of Valley Forge National Historical Park Accordingly, the Committee rose; and those of the Valley Forge Historical Society. determined by the Secretary. A joint facility would combine 2 outstanding SEC. 204. PRESERVATION AND PROTECTION. and the Speaker pro tempore (Mr. museum collections and provide an enhanced Nothing in this Act shall authorize the Sec- BARTLETT of Maryland) having as- experience at Valley Forge for visitors, scholars, retary or the Society to take any actions in sumed the chair, Mr. LAHOOD, Chair- and researchers. derogation of the preservation and protection of man of the Committee of the Whole (8) The Society has proposed to raise funds to the values and resources of Valley Forge Na- House on the State of the Union, re- construct a new museum and education and vis- tional Historical Park. An agreement entered ported that that Committee, having itor center on park property at Valley Forge Na- into under section 203 shall be construed and implemented in light of the high public value had under consideration the bill (H.R. tional Historical Park that would be planned, 659) to authorize appropriations for the developed, and operated jointly with Valley and integrity of the Valley Forge National His- Forge National Historical Park. torical Park and the National Park System. protection of Paoli and Brandywine (b) PURPOSE.—The purpose of this title is to The CHAIRMAN. Are there amend- Battlefields in Pennsylvania, to direct authorize the Secretary of the Interior to enter ments to title II? the National Park Service to conduct a into an agreement with the Valley Forge Histor- AMENDMENT OFFERED BY MR. TRAFICANT special resource study of Paoli and ical Society to construct and operate a museum Mr. TRAFICANT. Mr. Chairman, I Brandywine Battlefields, to authorize within the boundary of Valley Forge National offer an amendment to the end of the the Valley Forge Museum of the Amer- Historical Park in cooperation with the Sec- ican Revolution at Valley Forge Na- retary. bill, section 205. The Clerk read as follows: tional Historical Park, and for other SEC. 203. VALLEY FORGE MUSEUM OF THE AMER- purposes, pursuant to House Resolution ICAN REVOLUTION AUTHORIZATION. Amendment offered by Mr. TRAFI- (a) AGREEMENT AUTHORIZED.—The Secretary CANT: 210, he reported the bill back to the of the Interior, in administering the Valley At the end of the bill add the following new House with an amendment adopted by Forge National Historical Park, is authorized to section: the Committee of the Whole. enter into an agreement under appropriate SEC. 205. SENSE OF THE CONGRESS ON PUR- The SPEAKER pro tempore. Under terms and conditions with the Valley Forge His- CHASE OF AMERICAN-MADE GOODS. the rule, the previous question is or- torical Society to facilitate the planning, con- It is the sense of the Congress that the So- dered. struction, and operation of the Valley Forge ciety, in constructing and operating the museum, purchase American-made goods to the Is a separate vote demanded on the Museum of the American Revolution on Federal amendment to the committee amend- land within the boundary of Valley Forge Na- greatest degree practicable. tional Historical Park. Mr. TRAFICANT (during the read- ment in the nature of a substitute (b) CONTENTS AND IMPLEMENTATION OF ing). Mr. Chairman, I ask unanimous adopted by the Committee of the AGREEMENT.—An agreement entered into under consent that the amendment be consid- Whole? If not, the question is on the subsection (a) shall— ered as read and printed in the RECORD. committee amendment in the nature of (1) authorize the Society to develop and oper- The CHAIRMAN. Is there objection a substitute. ate the museum pursuant to plans developed by to the request of the gentleman from The committee amendment in the the Secretary and to provide at the museum ap- Ohio? nature of a substitute was agreed to. propriate and necessary programs and services The SPEAKER pro tempore. The to visitors to Valley Forge National Historical There was no objection. Park, related to the story of Valley Forge and Mr. TRAFICANT. Mr. Chairman, this question is on the engrossment and the American Revolution; amendment basically urges the soci- third reading of the bill. (2) only be carried out in a manner consistent ety, which I think is an excellent con- The bill was ordered to be engrossed with the General Management Plan and other struct, to, in fact, making this bill a and read a third time, and was read the plans for the preservation and interpretation of worthwhile bill for all of America, it third time. the resources and values of Valley Forge Na- encourages that society that when The SPEAKER pro tempore. The tional Historical Park; they expend dollars, that they expend question is on the passage of the bill. (3) authorize the Secretary to undertake at The question was taken; and the the museum activities related to the manage- those dollars on American-made goods ment of Valley Forge National Historical Park, and products. There will be many visi- Speaker pro tempore announced that including, but not limited to, provision of appro- tors. It does not compel them, but if the ayes appeared to have it. priate visitor information and interpretive facili- anything, it is a reminder that even at Mr. HANSEN. Mr. Speaker, I object ties and programs related to Valley Forge Na- our great landmarks and our great to the vote on the ground that a tional Historical Park; treasures, that wherever possible, if we quorum is not present and make the (4) authorize the Society, acting as a private buy American-made goods, America point of order that a quorum is not nonprofit organization, to engage in activities will be stronger. present. appropriate for operation of a museum that may Mr. HANSEN. Mr. Chairman, will the The SPEAKER pro tempore. Evi- include, but are not limited to, charging appro- dently a quorum is not present. priate fees, conducting events, and selling mer- gentleman yield? chandise, tickets, and food to visitors to the mu- Mr. TRAFICANT. I yield to the gen- The Sergeant at Arms will notify ab- seum; tleman from Utah. sent Members. (5) provide that the Society’s revenues from Mr. HANSEN. Mr. Chairman, as The Chair announces that imme- the museum’s facilities and services shall be usual, our friend from Ohio has come diately after this vote, proceedings will

VerDate jul 14 2003 14:20 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00042 Fmt 0688 Sfmt 0634 E:\BR99\H22JN9.001 H22JN9 13858 CONGRESSIONAL RECORD—HOUSE June 22, 1999 resume on a motion to suspend the Meehan Rahall Stark The SPEAKER pro tempore. Is there Meek (FL) Ramstad Stearns rules and pass H.R. 1175 considered ear- Meeks (NY) Rangel Stenholm objection to the request of the gen- lier today, and that will be a 5-minute Menendez Regula Strickland tleman from Utah? vote. Metcalf Reyes Stump There was no objection. Mica Reynolds Stupak The vote was taken by electronic de- Millender- Riley Sununu f vice, and there were—yeas 418, nays 4, McDonald Rivers Sweeney not voting 12, as follows: Miller (FL) Rodriguez Talent LOCATING AND SECURING RETURN Miller, Gary Roemer Tancredo OF ISRAELI SOLDERS MISSING [Roll No. 245] Miller, George Rogan Tanner IN ACTION Minge Rogers Tauscher YEAS—418 Mink Rohrabacher Tauzin The SPEAKER pro tempore (Mr. Abercrombie Davis (FL) Hoekstra Moakley Ros-Lehtinen Taylor (MS) LAHOOD). The pending business is the Ackerman Davis (IL) Holden Mollohan Rothman Taylor (NC) Aderholt Davis (VA) Holt Moore Roukema Terry question of suspending the rules and Allen Deal Horn Moran (KS) Roybal-Allard Thompson (CA) passing the bill, H.R. 1175, as amended. Andrews DeGette Hostettler Moran (VA) Royce Thompson (MS) The Clerk read the title of the bill. Archer Delahunt Houghton Morella Rush Thornberry Armey DeLauro Hoyer Murtha Ryan (WI) Thune The SPEAKER pro tempore. The Bachus DeLay Hulshof Myrick Ryun (KS) Thurman question is on the motion offered by Baird DeMint Hunter Nadler Sabo Tierney the gentleman from New York (Mr. Baker Deutsch Hutchinson Napolitano Salmon Toomey GILMAN) that the House suspend the Baldacci Diaz-Balart Hyde Neal Sanchez Towns Baldwin Dickey Inslee Nethercutt Sanders Traficant rules and pass the bill, H.R. 1175, as Ballenger Dicks Isakson Ney Sandlin Turner amended, on which the yeas and nays Barcia Dingell Istook Northup Sawyer Udall (CO) are ordered. Barr Dixon Jackson (IL) Norwood Saxton Udall (NM) Barrett (NE) Doggett Jackson-Lee Nussle Scarborough Upton This will be a 5-minute vote. Barrett (WI) Dooley (TX) Oberstar Schaffer Velazquez The vote was taken by electronic de- Bartlett Doolittle Jefferson Obey Schakowsky Vento vice, and there were—yeas 415, nays 5, Barton Doyle Jenkins Ortiz Scott Visclosky answered ‘‘present’’ 1, not voting 13, as Bass Dreier John Ose Sensenbrenner Vitter Bateman Duncan Johnson (CT) Owens Serrano Walden follows: Becerra Dunn Johnson, E.B. Oxley Sessions Walsh [Roll No. 246] Bentsen Edwards Johnson, Sam Packard Shadegg Wamp Bereuter Ehlers Jones (NC) Pallone Shaw Waters YEAS—415 Berkley Ehrlich Jones (OH) Pascrell Shays Watkins Abercrombie Carson Foley Berman Emerson Kanjorski Pastor Sherman Watt (NC) Ackerman Castle Forbes Berry Engel Kaptur Payne Sherwood Watts (OK) Aderholt Chabot Ford Biggert English Kelly Pease Shimkus Waxman Allen Chambliss Fossella Bilirakis Eshoo Kennedy Pelosi Shows Weiner Andrews Chenoweth Fowler Bishop Etheridge Kildee Peterson (MN) Shuster Weldon (FL) Armey Clay Frank (MA) Blagojevich Evans Kilpatrick Peterson (PA) Simpson Weldon (PA) Bachus Clayton Franks (NJ) Bliley Everett Kind (WI) Petri Sisisky Weller Baird Clement Frelinghuysen Blumenauer Ewing King (NY) Phelps Skeen Wexler Baker Clyburn Frost Blunt Farr Kingston Pickering Skelton Weygand Baldacci Coble Gallegly Boehlert Fattah Kleczka Pickett Slaughter Whitfield Baldwin Coburn Ganske Boehner Filner Klink Pitts Smith (MI) Wicker Ballenger Combest Gejdenson Bonilla Foley Knollenberg Pombo Smith (NJ) Wilson Barcia Condit Gekas Bonior Forbes Kolbe Pomeroy Smith (TX) Wise Barrett (NE) Conyers Gephardt Bono Ford Kucinich Porter Smith (WA) Wolf Barrett (WI) Cook Gibbons Borski Fossella Kuykendall Portman Snyder Woolsey Bartlett Costello Gillmor Boswell Fowler LaFalce Price (NC) Souder Wu Barton Cox Gilman Boucher Frank (MA) LaHood Pryce (OH) Spence Wynn Bass Coyne Gonzalez Boyd Franks (NJ) Lampson Quinn Spratt Young (AK) Bateman Cramer Goode Brady (PA) Frelinghuysen Lantos Radanovich Stabenow Young (FL) Becerra Crane Goodlatte Brady (TX) Frost Largent Bentsen Crowley Goodling Brown (FL) Gallegly Larson NAYS—4 Bereuter Cubin Gordon Brown (OH) Ganske Latham Chenoweth Paul Berkley Cummings Goss Bryant Gejdenson LaTourette Coburn Sanford Berman Cunningham Graham Burr Gekas Lazio Berry Davis (FL) Granger Burton Gephardt Leach NOT VOTING—12 Biggert Davis (IL) Green (TX) Buyer Gibbons Lee Bilbray DeFazio Kasich Bilbray Davis (VA) Green (WI) Callahan Gillmor Levin Brown (CA) Fletcher Olver Bilirakis DeGette Greenwood Calvert Gilman Lewis (CA) Cooksey Gilchrest Thomas Bishop Delahunt Gutierrez Camp Gonzalez Lewis (GA) Danner Hooley Tiahrt Blagojevich DeLauro Gutknecht Campbell Goode Lewis (KY) Bliley DeLay Hall (OH) Canady Goodlatte Linder b 1736 Blumenauer DeMint Hall (TX) Cannon Goodling Lipinski Blunt Deutsch Hansen Capps Gordon LoBiondo Mr. STARK changed his vote from Boehlert Diaz-Balart Hastings (FL) Capuano Goss Lofgren ‘‘nay’’ to ‘‘yea.’’ Boehner Dickey Hastings (WA) Cardin Graham Lowey Bonilla Dicks Hayes Carson Granger Lucas (KY) So the bill was passed. Bonior Dingell Hayworth Castle Green (TX) Lucas (OK) The result of the vote was announced Bono Dixon Hefley Chabot Green (WI) Luther as above recorded. Borski Doggett Herger Chambliss Greenwood Maloney (CT) A motion to reconsider was laid on Boswell Dooley Hill (IN) Clay Gutierrez Maloney (NY) Boucher Doolittle Hill (MT) Clayton Gutknecht Manzullo the table. Boyd Doyle Hilleary Clement Hall (OH) Markey Stated for: Brady (PA) Dreier Hilliard Clyburn Hall (TX) Martinez Mr. THOMAS. Mr. Speaker, on rollcall No. Brady (TX) Duncan Hinchey Coble Hansen Mascara Brown (FL) Dunn Hinojosa Collins Hastings (FL) Matsui 245 I was unavoidably detained. Had I been Brown (OH) Edwards Hobson Combest Hastings (WA) McCarthy (MO) present, I would have voted ‘‘yes.’’ Bryant Ehlers Hoeffel Condit Hayes McCarthy (NY) Burr Ehrlich Hoekstra Conyers Hayworth McCollum f Burton Emerson Holden Cook Hefley McCrery Buyer Engel Holt Costello Herger McDermott GENERAL LEAVE Callahan English Horn Cox Hill (IN) McGovern Calvert Eshoo Hostettler Coyne Hill (MT) McHugh Mr. HANSEN. Mr. Speaker, I ask Camp Etheridge Houghton Cramer Hilleary McInnis unanimous consent that all Members Campbell Evans Hoyer Crane Hilliard McIntosh may have 5 legislative days within Canady Everett Hulshof Crowley Hinchey McIntyre which to revise and extend their re- Cannon Ewing Hunter Cubin Hinojosa McKeon Capps Farr Hutchinson Cummings Hobson McKinney marks and include extraneous material Capuano Fattah Hyde Cunningham Hoeffel McNulty on H.R. 659, the bill just passed. Cardin Filner Inslee

VerDate jul 14 2003 14:20 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00043 Fmt 0688 Sfmt 0634 E:\BR99\H22JN9.001 H22JN9 June 22, 1999 CONGRESSIONAL RECORD—HOUSE 13859 Isakson Miller, Gary Sessions b 1747 Mr. Speaker, the President is on a Istook Miller, George Shadegg victory tour, but I do not see many Jackson (IL) Minge Shaw So (two-thirds having voted in favor Jackson-Lee Mink Shays thereof) the rules were suspended and Americans celebrating. (TX) Moakley Sherman the bill, as amended, was passed. Mr. Speaker, I include for the Jefferson Mollohan Sherwood The result of the vote was announced RECORD the complete article I referred Jenkins Moore Shimkus to above by Charles Krauthammer: John Moran (KS) Shows as above recorded. Johnson (CT) Moran (VA) Shuster The title was amended so as to read: [From the Boston Globe, June 11, 1999] Johnson, E.B. Morella Simpson ‘‘A bill to locate and secure the return DEFINING VICTORY DOWN Johnson, Sam Murtha Sisisky (By Charles Krauthammer) Jones (NC) Myrick Skeen of Zachary Baumel, a United States Jones (OH) Nadler Skelton citizen, and other Israeli soldiers miss- The papers are signed. The troops are mov- Kanjorski Napolitano Slaughter ing in action.’’. ing in. Victory. Kaptur Neal Smith (MI) Victory? On the eve of the Kosovo war, the Kelly Nethercutt Smith (NJ) A motion to reconsider was laid on president of the United States declares the Kennedy Ney Smith (TX) the table. objective: ‘‘To protect thousands of innocent Kildee Northup Smith (WA) f people in Kosovo from a mounting military Kilpatrick Norwood Snyder offensive.’’ This would be done in one of two Kind (WI) Nussle Souder REMOVAL OF NAME OF MEMBER King (NY) Oberstar Spence ways. We would deter Serbia from ‘‘eth- Kingston Obey Spratt AS COSPONSOR OF H.R. 804 nically cleansing’’ Kosovo or, failing that, Kleczka Ortiz Stabenow Mr. FOLEY. Mr. Speaker, I ask unan- we would physically—militarily—destroy Klink Ose Stark imous consent to have my name re- Serbia’s ability to do so. Knollenberg Owens Stearns By Clinton’s own standard, the war was Kolbe Oxley Stenholm moved as a cosponsor of H.R. 804. lost—irretrievably, catastrophically lost—in Kucinich Packard Strickland The SPEAKER pro tempore (Mr. the first week. NATO launched a campaign Kuykendall Pallone Stump LAHOOD). Is there objection to the re- at once anemic and tentative, a campaign of LaFalce Pascrell Stupak bombing empty buildings. Slobodan LaHood Pastor Sweeney quest of the gentleman from Florida? Lampson Payne Talent There was no objection. Milosevic responded with the most massive ethnic cleansing in Europe since World War Lantos Pease Tancredo f Largent Pelosi Tanner II. Larson Peterson (MN) Tauscher REMOVAL OF NAME OF MEMBER Now 11 weeks and a million refugees later, Latham Peterson (PA) Tauzin AS COSPONSOR OF H.R. 815 there is an agreement that permits a return LaTourette Petri Taylor (MS) to the status quo ante. Well, not quite: It Lazio Pickering Taylor (NC) Mr. CONYERS. Mr. Speaker, I ask will be a partial and imperfect return, given Leach Pitts Terry unanimous consent to have my name that many Kosovars are dead and many will Lee Pombo Thomas Levin Pomeroy Thompson (CA) removed as cosponsor of the bill H.R. not want to return. Moreover, what they are Lewis (CA) Porter Thompson (MS) 815. returning to is not Kosovo, but a wasteland Lewis (GA) Portman Thornberry The SPEAKER pro tempore. Is there that was Kosovo. This is not victory. This is defining victory Lewis (KY) Price (NC) Thune objection to the request of the gen- Linder Pryce (OH) Thurman down. Lipinski Quinn Tierney tleman from Michigan? It did not have to be this way. After all, LoBiondo Radanovich Toomey There was no objection. Milosevic finally agreed to a partial undoing Lofgren Ramstad Towns f of his ethnic cleansing only when NATO at- Lowey Rangel Traficant tacks on his civilian infrastructure became Lucas (KY) Regula Turner AMERICANS ARE NOT CELE- Lucas (OK) Reyes Udall (CO) intolerable. Why, then, did we not turn out Luther Reynolds Udall (NM) BRATING SO-CALLED VICTORY IN the lights in Belgrade on Day One? Two Maloney (CT) Riley Upton YUGOSLAVIA weeks into the war, I wrote, noting the obvi- Maloney (NY) Rivers Velazquez (Mr. DUNCAN asked and was given ous, that ‘‘the only possible way out of this Manzullo Rodriguez Vento war short of abject defeat’’ was an air cam- Markey Roemer Visclosky permission to address the House for 1 paign of ‘‘seriousness’’—hitting ‘‘power Martinez Rogan Vitter minute and to revise and extend his re- plants, fuel depots, bridges,’’ the kind of war Mascara Rogers Walden marks and include extraneous mate- Matsui Rohrabacher Walsh that actually kills combatants and inevi- McCarthy (MO) Ros-Lehtinen Wamp rial.) tably civilians but that so debilitates the McCarthy (NY) Rothman Waters Mr. DUNCAN. Mr. Speaker, our ‘‘vic- enemy nation as to bring it to a halt—and to McCollum Roukema Watkins tory’’ in Yugoslavia has given us the the negotiating table. McCrery Roybal-Allard Watt (NC) right to spend $30 to $50 billion over Historians will puzzle over why Clinton McDermott Royce Watts (OK) and Blair and Schroeder and the rest did not McGovern Rush Waxman the next several years to rebuild what do this until after Kosovo had been wiped McHugh Ryan (WI) Weiner our bombs destroyed. And, of course, nearly clean of Albanians. But it is no puz- McInnis Ryun (KS) Weldon (FL) our troops will get to stay there for McIntosh Sabo Weldon (PA) zle: Clinton thought that military McIntyre Salmon Weller years, at tremendous expense to our minimalism—so congenial to the ex- and McKeon Sanchez Wexler taxpayers. Already General Clarke is current pacifists in his coalition—was a win- McKinney Sanders Weygand saying he needs thousands more of our win proposition for him. McNulty Sandlin Whitfield soldiers. Either Milosevic would fold in the face of a Meehan Sanford Wicker demonstration war or, if he did not, Clinton Meek (FL) Sawyer Wilson And what did we achieve? Columnist could do exactly what he had done after his Meeks (NY) Saxton Wise Jeff Jacoby of the Boston Globe said, little pre-impeachment three-day war on Menendez Scarborough Wolf ‘‘The Yugoslav war, fought so as to Metcalf Schaffer Woolsey Iraq: take to TV, offer a gaudy list of targets Mica Schakowsky Wu minimize NATO’s casualties, maxi- hit, declare victory and go home. Millender- Scott Wynn mized the suffering of the people it was What he had not counted on was McDonald Sensenbrenner Young (AK) meant to help.’’ Milosevic’s public exposure of such a fraud. Miller (FL) Serrano Young (FL) Columnist Linda Bowles said, ‘‘Al- In Iraq, Clinton could pinprick and declare most all the ethnic cleansing occurred victory because there were no cameras to NAYS—5 record his failure—nuclear and chemical after the effort to rescue them began. Collins Paul Sununu weapons are being developed by Saddam Deal Rahall More than 1 million refugees were driv- unmolested, but for now unseen. In Kosovo, en from their homes. Perhaps the on the other hand, a million refugees parade ANSWERED ‘‘PRESENT’’—1 greatest price we will pay is to live in before the cameras of the world. Not even Barr a world in which more nations and peo- Clinton could spin his way out of that defeat ple hate, fear, and distrust America by calling it victory. NOT VOTING—13 than at any other time in our history.’’ So the air war went on, finally got serious, and now we have something that is being Archer Fletcher Phelps Columnist Charles Krauthammer called victory. But the supposed instrument Brown (CA) Gilchrest Pickett said by the President’s own standard, Cooksey Hooley Tiahrt of Serb surrender, the U.N. Security Council Danner Kasich ‘‘The war was lost, irretrievably, cata- resolution codifying the cease-fire condi- DeFazio Olver strophically lost, in the first week.’’ tions, is riddled with ambiguities.

VerDate jul 14 2003 14:20 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00044 Fmt 0688 Sfmt 0634 E:\BR99\H22JN9.001 H22JN9 13860 CONGRESSIONAL RECORD—HOUSE June 22, 1999 The central point throughout the conflict re-enacted automatically with the pre- REPEAL OF PRESSLER AMEND- has always been who will run Kosovo after vious year’s numbers for the next fiscal MENT MEANS MORE ARMS FOR Serb forces leave. The governing Security year until such time as the appropria- RADICAL MILITANTS IN KASH- Council resolution authorizes an inter- tions process brings about a new fiscal MIR national security presence with ‘‘substantial’’ NATO participation. The command plan for the ensuing year. The SPEAKER pro tempore. Under a structure is not spelled out, and the Russians This makes so much common sense previous order of the House, the gen- insist that their troops will not be under that I fear that that is the one ingre- tleman from New Jersey (Mr. PALLONE) NATO command. If they are not, will they dient that makes it almost impossible is recognized for 5 minutes. have their own occupation zone that will ef- for us to come together to pass it. But Mr. PALLONE. Mr. Speaker, as both fectively partition Kosovo? we will make another effort this year Houses of Congress work to lift the More muddle: Serbia is allowed a presence to demonstrate the necessity for such a unilateral American economic sanc- at the re-entry points for the refugees. Will mechanism. We cannot, I repeat, we that scare away the refugees? We don’t tions on India and Pakistan, an effort I know. And who is going to ‘‘demilitarize’’ cannot tolerate a government shut- strongly support, another dangerous the Kosovo Liberation Army? down. issue has been introduced into the mix, I am not objecting to these compromises— Mr. CALLAHAN. Mr. Speaker, will threatening stability in South Asia. they are the necessary accommodations to the gentleman yield? Mr. Speaker, a provision in the de- end an extraordinarily ill-conceived war. Mr. GEKAS. I yield to the gentleman fense appropriations bill, recently ap- What I do object to is spinning it into a tri- from Alabama. proved by the other body, the Senate, umph. If this is such a triumph, does anyone Mr. CALLAHAN. Mr. Speaker, with would suspend for 5 years the sanctions imagine that we will ever repeat such an ad- respect to the earlier part of the gen- imposed last year on India and Paki- venture? tleman’s statement, when he men- And the final irony: Even if all the ambigu- stan after the two countries conducted ities are answered in NATO’s favor, even if tioned his debate that will take place nuclear tests. Last week, in this body, the Yugoslavs comply with every detail of tonight, I fully intended to join with legislation was approved that would the military agreement signed with NATO him, however, I cannot join with the continue for 1 year the President’s au- on Wednesday, what are we left with? The gentleman tonight. But I fully support thority to waive the sanctions. These prize for victory: The United States and its the funding for the research projects are worthy initiatives that I hope we allies are permitted to interpose their sol- that the gentleman is talking about can build on. diers between mortal enemies in a con- and I have submitted comments for the But, Mr. Speaker, the Senate legisla- tinuing Balkan guerrilla war. For years. record. Hopefully, they will be inserted tion also includes language that would f sometime during the gentleman’s repeal the Pressler amendment prohi- SPECIAL ORDERS statements tonight indicating my sup- bition on U.S. military assistance to port for that. Pakistan. The SPEAKER pro tempore. Under As to the CR, we will debate that at In 1985, Congress amended the Foreign the Speaker’s announced policy of Jan- a later time. I would suggest to the Assistance Act to prohibit all U.S. aid to Paki- uary 6, 1999, and under a previous order gentleman, however, that we ought to stan if the President failed to certify that Paki- of the House, the following Members look seriously at bienniel budgeting, stan did not possess a nuclear explosive de- will be recognized for 5 minutes each. which would accomplish the same vice. Known as the Pressler Amendment, after f thing. If we ever got to biennial budg- the distinguished former Senator who spon- eting, I think we would see surpluses FUNDING FOR NIH, AND THE sored the provision, this law arose from the growing that second year at record lev- ANNUAL BUDGET IMPASSE concern that Pakistan was ignoring U.S. con- els, as was the experience of the Ala- cerns about proliferation, despite promises of The SPEAKER pro tempore. Under a bama legislature. billions of dollars of U.S. assistance. In 1990, previous order of the House, the gen- So I just wanted to tell the gen- President Bush invoked the Pressler amend- tleman from Pennsylvania (Mr. GEKAS) tleman that I support what he is doing ment to block aid to Pakistan. is recognized for 5 minutes. with respect to adequate funding for Now, the Senate has acted to repeal the Mr. GEKAS. Mr. Speaker, later on research and for all of the institutions Pressler amendment. this evening we plan to conduct a full that do this research, and that we will Mr. Speaker, I believe this is a seri- special order of 1 hour on the subject of debate the continuing resolution at a ous mistake, as nothing has changed to funding for the National Institutes of later time. justify the repeal of the Pressler Health, an important budget item Mr. GEKAS. Reclaiming my time, amendment. Indeed, in recent weeks we every year but increasingly important Mr. Speaker, we will make certain the have seen strong indications of Paki- as we move closer to many discoveries gentleman’s comments are placed in stani support for militants who have and preventive disease matters that re- the record with respect to the NIH, and infiltrated into India’s side of the line quire the attention of the Congress. So then I will quarrel with him wherever of control in Kashmir. Besides the so- we will be developing where we are and and whenever I meet him, in the cloak- called political and moral support for some of the plans that are in action to- room or anywhere else, on the benefits the militants that Pakistan acknowl- wards that funding mechanism for that that we can derive from an automatic edges, there is growing evidence that NIH. CR on a year-to-year basis. Pakistan is providing material and lo- In the meantime, though, I do want Mr. CALLAHAN. If the gentleman gistic support for the militants, and to bring the attention again of the will continue to yield, far be it from that Pakistani army regulars are actu- Members to the pending year-end pe- me to match intelligence levels with ally taking part in breaching the inter- rennial budget impasse that we reach the gentleman, because the gentleman nationally recognized line of control in no matter what we try to do. The fiscal is known for his knowledge of the insti- Kashmir. This is really in a cynical bid year ends September 30, and rarely, if tution. I just happen to have a greater to ratchet up the tensions between ever, are we prepared on the next day depth of knowledge, I think, on the ap- India and Pakistan, and at such a time to face a fully enacted new budget for propriation process, because I serve on it does not seem prudent, in my opin- the next fiscal year. What we have that committee. But I thank the gen- ion, to renew military transfers to tried to do over the last 10 years, with tleman anyway. Pakistan. some success but with increasing frus- Mr. GEKAS. Mr. Speaker, I am avail- Mr. Speaker, given the long and well- tration that we are not able to com- able to the gentleman and he can try documented history of Pakistani sup- plete the job, is to put in place an in- to convince me of that. But I warn the port for and collaboration with the stant replay mechanism to prevent gentleman, he will have a tough battle militants who have been perpetrating a government shutdowns forever. That is on his hands. reign of terror in Kashmir, there is to say that the appropriation bills that Mr. CALLAHAN. I look forward to every reason to believe that providing are incomplete on September 30 will be that. U.S. arms to Pakistan would result in

VerDate jul 14 2003 14:20 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00045 Fmt 0688 Sfmt 0634 E:\BR99\H22JN9.001 H22JN9 June 22, 1999 CONGRESSIONAL RECORD—HOUSE 13861 these American weapons being fun- no justification for militarily propping makes little sense to me that Medicare neled to the militants. up such a regime. Maybe we cannot beneficiaries can receive comprehen- By arming Pakistan, we would be arming completely stop the militants who sive nutrition care only after they have the militants responsible for the deaths of threatened Democratic India as well as become so sick that they are admitted thousands of civilians in Kashmir, and who are American and western interests, but to the hospital. For many years, health now contributing to the escalating tensions we can at least make sure we do not care treatment has been shifting away with India. give them what they want most, and from inpatient facilities like hospitals Mr. Speaker, there was an article in that is American arms. Sending mili- and more toward outpatient settings. Saturday’s New York Times entitled tary assistance to Pakistan amounts to And yet, still we find Medicare adher- ‘‘Kashmir Militants Seek Islamic a guaranty that these American weap- ing to an outdated system where nutri- State,’’ and it describes how Islamic ons will be funneled to the militants. tion therapy services are available only militants from several different na- And given this sad reality, we must not in the acute-care setting. tions are working to transform Kash- repeal the Pressler amendment. This clearly is a reflection of a sys- mir from a tolerant secular democratic f tem that is in need of change. Our mod- state, that people from many faiths ern health care program ought to en- call home, into an area under strict Is- TRIBUTE TO NUTRITION sure the adequacy and equitability of lamic religious rule. I wanted to quote PROFESSIONALS nutrition services in both inpatient from this article by Times reporter The SPEAKER pro tempore. Under a and outpatient settings. A great num- Steven Kinzer. He says, previous order of the House, the gen- ber of diseases can be prevented and The campaign is in part a legacy of the tleman from Florida (Mr. BILIRAKIS) is managed throughout patient nutrition proxy war the U.S. waged against Soviet recognized for 5 minutes. therapy. Research proves that renal forces in Afghanistan during the 1980s. Mr. BILIRAKIS. Mr. Speaker, I rise disease, diabetes, cancer, heart disease, The article describes how having suc- today to pay tribute to the dedicated and other illnesses respond well to nu- ceeded in driving the Soviet forces out nutrition professionals who work in trition interventions. of Afghanistan and establishing a form hospitals, WIC clinics, nursing homes, Nutrition professionals have docu- of religious rule there under the school lunch and breakfast programs, mented the ability of well-nourished Taliban, these warriors are now turn- and many other settings where they individuals to better resist disease and ing their attention to Kashmir. And are striving to improve the nutritional to tolerate other therapy than those quoting again from the Times article, health of our Nation’s citizens. who are under-nourished. These individuals are also better equipped to re- it says that, b 1800 cover from acute illness, surgical inter- In Srinigar, the summer capital of Kash- I would like to call special attention mir, militants from countries as far apart as ventions, and trauma. As a result, they Indonesia, Sudan and Bahrain have given to one important segment of our popu- experience fewer and shorter hospital interviews asserting that they learned the lation where nutrition services have stays, need less medication, and suffer art of war from Americans and are now using proven to make a significant difference fewer medical complications. All this their skills to fight the Indian Army. Many among our senior citizens. can save money and lives. are evidently using not only tactics that In many ways, our Nation’s health A constituent of mine recently vis- Americans taught them, but also weapons care system is the best in the world, ited me and explained just how effec- Americans gave them. partially because our free market sys- tive these services can be and what a In fact, the article notes how an In- tem allows innovations to occur at a difference they can make in people’s dian helicopter was shot down by an Is- pace that is demanded by the health lives. The constituent is a dietician lamic guerilla using an American made care consumer. from Florida who told me about a case stinger missile, and that about a dozen Unfortunately, too often the largest involving her mother-in-law who lives more stingers, each capable of shooting health program in the country, the in a different State. down a plane or a helicopter, are unac- Medicare program, is unresponsive and During a routine medical visit, her counted for in the region. The U.N. fails to keep pace with the advances mother-in-law was found to have a high envoy in Srinigar is quoted as saying that medical science demonstrates are blood sugar level. Her physician gave that, effective. her medication and a blood glucose Weapons provided for Afghanistan with In recent years, as science and soci- monitor to check her blood sugar level large help from the Americans and CIA are ety have uncovered more information but gave her no directions about using now in the hands of the militants. about the critically important role of the monitor or changing her diet. An Indian Army colonel states that, ‘‘The nutrition in the prevention, treatment Within 2 weeks, she was hospitalized militants are using not only small arms that and management of disease, more and with severe low blood sugar and heart they got from the Americans, but also Stinger more Americans have demanded that palpitations. missiles and American anti-tank weapons. It’s nutrition services be a standard part of After working with a dietician, she is not only weapons, but also battle-hardened their health care protection. In fact, by now off the medication and able to con- troops. It’s a direct result of the American pol- one estimate, 75 percent of all managed trol other blood sugar level. However icy in Afghanistan.’’ care health plans in America now offer with nutrition counseling from the be- Mr. Speaker, the Soviet defeat in Afghani- some degree of coverage for nutrition ginning, that hospitalization could stan was an important turning point contrib- therapy services. have been avoided, saving the cost of uting to the collapse of the Soviet Empire. Yet, Therefore, it is disheartening, Mr. the hospitalization as well as saving one of the unintended consequences has Speaker, though perhaps not sur- that mother-in-law from a life-threat- been the creation of a radical movement of prising, to realize that nutrition serv- ening situation. armed terrorists, mercenaries and militants ices are inadequately covered under the Now, I do not know if that physician who have imposed a repressive regime in Af- Medicare program. While the science of lacked knowledge about the impor- ghanistan, are trying to take over Kashmir, nutrition has advanced at a rapid pace tance of nutrition in the treatment of and who seem to have a great deal of influ- over the last several decades, Medi- diabetes or, knowing that the services ence within the Pakistani government and care’s coverage of nutrition services were not likely to be reimbursed, did armed forces. has remained largely static. not want to put his patient to that ex- Mr. Speaker, I just want to say that Under Medicare’s conditions of par- pense. But the bottom line is that our during the Cold War our fear of Soviet ticipation, appropriate nutrition care health care system must provide pa- expansionism led us to embrace re- is a standard part of the hospital pro- tients with access to this important gimes like Pakistan that do not share gram. However, the outpatient, or Part service. our values of democracy and tolerance. B, portion of the program fails to pro- According to my constituent, there But in the post-Cold War era, there is vide reliable nutrition coverage. It are many other diseases that can be

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successfully managed with the medical woman from Connecticut (Mrs. JOHN- Under this bill, the local entity will nutrition therapy. SON) and I appreciate her comments. still be responsible for paying the prin- Mr. Speaker, I recently spoke with a It is typical, is it not, when we talk cipal. The interest-free capital will le- constituent who is a dietetic intern about preventive care that today’s dol- verage the amount of money available working in the James A. Haley Vet- lars are not taken into the consider- to meet the need to modernize our edu- erans’ Administration Hospital in ation, the ultimate savings over the cational infrastructure in fast-growing Tampa, Florida. She described the rig- long haul? communities, as we have in Central orous educational and training require- f New Jersey. But ‘‘infrastructure’’ does ments that she and others preparing WE MUST PREPARE TODAY’S not just mean classrooms, desks, and for a career in dietetics must undergo. YOUTH FOR TOMORROW’S ECON- chalk boards. It means technology. With 5 years specifically devoted to OMY One of the areas I am most concerned the study of nutrition, registered dieti- about is technology education. It is The SPEAKER pro tempore (Mr. cians learn to apply the principles of changing our lives. Today, with the ISAKSON). Under a previous order of the nutrition, biochemistry, and physi- touch of a key, we can send billions of House, the gentleman from New Jersey ology toward the prevention and treat- dollars of capital around the globe, ment of diseases. Most physicians un- (Mr. HOLT) is recognized for 5 minutes. Mr. HOLT. Mr. Speaker, last week, where the cars we drive have more derstand that registered dieticians are computing power than the Apollo the best qualified professionals to fur- Microsoft’s Bill Gates and other leaders of the high-tech industry came to spacecraft. There are no unskilled jobs. nish nutrition therapy. Washington and they came to tell us, Even entry-level jobs demand basic Clearly, registered dieticians are a computer knowledge. valuable and indispensable part of the among other things, that we need to do a better job of preparing today’s youth Yet there is a move underway here in health care team, and Medicare bene- for tomorrow’s jobs. Congress designed to rob hundreds of ficiaries ought to have reliable out- Bill Gates is not alone. I hear the thousands of Americans from devel- patient access to the care they deliver. same message everywhere I go in my oping the computer skills they need to This Congress, Mr. Speaker, should district from CEOs of pharmaceutical compete in an increasingly competitive carefully examine coverage for medical companies in Hunterdon County, New technological world. The e-rate, the nutrition therapy as one important Jersey, to managers of local res- popular program that provides dis- way to help strengthen Medicare for taurants in West Long Branch. count telecommunications and Inter- our children and grandchildren. We literally cannot afford to wait to net technologies to elementary and Mrs. JOHNSON of Connecticut. Mr. help our schools recruit, retain, and secondary schools and libraries, may Speaker, will the gentleman yield? train qualified teachers. We cannot fall victim to politics. We simply can- Mr. BILIRAKIS. I yield to the gentle- postpone work any longer in making not allow this to happen. woman from Connecticut. sure Federal aid provides more flexi- Mrs. JOHNSON of Connecticut. Mr. Telecommunications and computer bility conditioned on more account- technology are effective in helping stu- Speaker, I just wanted to rise in sup- ability for results. Now is the time to port of the comments of the gentleman dents master complex skills that the work in partnership with our commu- business community sees as critical for from Florida (Mr. BILIRAKIS) this nities to ensure that we have a school evening in support of medical nutrition the future workforce. According to a infrastructure that we need for the 21st recent study, students who actively use therapy. century. It is truly a tragedy that we seem un- the Internet for classroom projects The number of school children is submit more ambitious and more com- able to reorganize Medicare in such a growing at a record-setting pace. More way that preventive health measures plete project. Other studies are also than 52 million students are in school showing that on-line resources boost like nutrition therapy can be adopted. today, an all-time high. In my home In the first few years, $2.3 billion could student interest and student motiva- State of New Jersey, we are experi- tion. Students are learning more and in be saved, which would offset the over- encing very rapid growth. That is why greater depth because they have access all longer cost of $2.7 billion. After the New Jersey communities need assist- to resources beyond their classroom, third year, the savings outweigh the ance to help pay for the bricks and resources that are more current than cost. And savings for patients with dia- mortar required to have the smaller their textbooks and sometimes more betes alone would total $1.6 billion over class sizes so our kids can learn and knowledgeable than even their teach- the 7 years. compete with students throughout the ers. However, we need teachers who can Since diabetes and cardiovascular world. disease affect 60 percent of the Medi- Last week, I joined with other fresh- teach these subjects. care population, this is just clearly a men Democrats in writing a letter to A recent survey published by the De- good way to both save money and im- our Speaker asking that we bring will- partment of Education tells us that prove the quality of care. ing school construction legislation to only 20 percent of teachers feel quali- The Lewin Group recently completed the floor of this House for a vote. We fied to use the technology that is avail- a study for the Department of Defense look forward to his answer. And even able to them now. That is why I have that estimated that annual net savings more, we look forward to legislative joined my colleagues the gentleman could be developed of $3.1 million if action. from New Jersey (Mr. ROTHMAN) and medical nutrition therapy was included We are investing billions in new pris- the gentlewoman from New Jersey in the Tricare benefit program for our ons. We are investing billions of dollars (Mrs. ROUKEMA) in cosponsoring legis- military personnel. into our military installations. But lation to help teachers teach tech- The evidence is just growing out should we not also be voting on pro- nology education. there. I believe it is overwhelming. I viding the resources to help our com- Teachers deserve to be treated like thank my colleague tonight for taking munities build schools, as well? I think the professionals that they are so they the floor in support of medical nutri- so, and so do the families of Central can continue to grow in their profes- tion therapy as a covered benefit under New Jersey. sion. We need to ensure that they are Medicare, and I join him in supporting Together with my colleague, the gen- receiving the training they need to per- that. tleman from North Carolina (Mr. form the miracles we ask of them. Of Mr. BILIRAKIS. Mr. Speaker, re- ETHERIDGE), I am working to help New all the important jobs in our society, claiming my time, I thank the gentle- Jersey towns afford modernized and nothing makes more of an impact on woman for her comments. There are new schools by providing tax credits to our children than a well-trained, car- not many people, if any, in this House the holders of school construction ing, and dedicated teacher and no job is of Representatives that know more bonds, in effect paying the interest on ultimately more important to our soci- about health care than the gentle- those bonds. ety.

VerDate jul 14 2003 14:20 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00047 Fmt 0688 Sfmt 0634 E:\BR99\H22JN9.001 H22JN9 June 22, 1999 CONGRESSIONAL RECORD—HOUSE 13863 Across the Nation, recruiting and re- ered a startling and dismal message. to have a gun or whether you are from training high-quality teachers is be- The State Attorney’s office would have a crowded city and treasure your right coming a major concern. Topping our to waive the death penalty in order to to ban guns. list should be better targeted and more obtain Del Toro’s return. It was a dif- Two amendments came forward that effective professional development pro- ficult decision, but Mexican demands would have invaded my district with grams. It is time we encourage partner- were agreed to in the hope that Del law from this body. We defeated one ships with other school districts, uni- Toro would at least return to Florida handily, that that simply wiped out versities, labor unions, and the busi- to serve a life sentence. Nineteen handgun laws in the District of Colum- ness communities. months later, he has still not returned. bia. The other, we almost defeated. My colleagues, Mr. DAVIS and Mr. Tomorrow morning, the gentleman That is the one I want to talk about ROEMER, who will be speaking with us from Florida (Mr. MICA) will hold a this afternoon, because it is one that is shortly, have introduced legislation to hearing on this case in the Sub- of special importance to women and give grants to colleges and universities committee on Criminal Justice, Drug children, and that is a bill that would to help them train these professionals Policy and Human Resources of the have allowed people in the District of as a second career. This is patterned on Committee on Government Reform. Columbia to have guns in their home. the very successful ‘‘Troops to Teach- This hearing is another important step Some Members came up to me and ers’’ programs, and I recommend in keeping the pressure on Mexico to said, ‘‘Well, that sounds reasonable to strongly that we support this legisla- return fugitives like Del Toro to the me to have a gun in your own home.’’ tion. United States. Pressure needs to be ap- So why should we not impose that on f plied not only to Mexico but to the ad- the District even though your city TIME IS UP FOR MEXICO TO ministration as well to renegotiate our council has said otherwise and even RETURN ACCUSED KILLER extradition treaty with Mexico to pre- though no Member here would impose The SPEAKER pro tempore. Under a vent other U.S. fugitives from escaping anything on anybody else’s district. previous order of the House, the gen- justice by merely walking across the Nevertheless, I can understand the surface appeal of a gun in your own home. tleman from Florida (Mr. MILLER) is border. Mexico should not be a haven recognized for 5 minutes. for murderers. This is a case where a Ask the women in your own district Mr. MILLER of Florida. Mr. Speaker, U.S. citizen was murdered, the accused why they do not want a gun in their I rise today to update the House on a is a U.S. citizen, Mexico has nothing to own home. No woman in America situation of grave concern to me and to do with the case, and Del Toro should wants a gun in the home and there is a the constituents in my district. be promptly returned to this country very good reason why. The greatest It has been 19 months since 13-year- so justice can be served. I greatly ap- cause of death of women is inflicted old Stevie Bellush came home from preciate the gentleman from Florida upon them not by rapists in the streets school to find her mother’s body on the having this hearing tomorrow. but by guns and knives in the hands of kitchen floor. As the old saying goes, justice de- their own partners in their own homes Sheila Bellush, a young, vibrant 35- layed is justice denied, and I will not as it is now. Most of them go to the year-old and mother of six, had been stand by quietly as justice is denied to hospital, the victim of beatings, often shot in the face and her throat had my congressional district by a foreign severe. Imagine if guns were freely been slashed. Her 2-year-old quad- entity who should have no interest in available in homes, particularly in ruplets were crawling in her blood next this case. Today’s editorial page in the large cities which have rampant do- to her body. At that moment, it would Sarasota Herald-Tribune reads, mestic violence rates. have seemed inconceivable that the ‘‘Time’s Up for Mexico.’’ It begins, Most of those who think about guns drama had only begun as the case ‘‘The reasons for Mexico to extradite in the home are surely unaware of the turned into a national nightmare for murder suspect Jose Luis Del Toro Jr. most tragic statistics of all, and they our Sarasota community. will be the same tomorrow as they are not the statistics from Columbine. An overwhelming trail of evidence were a year ago. The only difference is They are the statistics that are awe- immediately led to Jose Luis Del Toro, that Mexico can no longer cite the need somely larger. They are statistics that who allegedly killed Sheila in a mur- for time as its inexcusable refusal to show accidental killings occur rou- der-for-hire scheme. Del Toro fled to send Del Toro to trial in the United tinely from guns that are simply lying Mexico, where he was arrested on No- States.’’ I could not agree more. I am in the home, often out of the reach of vember 20, 1997, 19 months ago, and he here today on the floor of the House to children but found by children whose remains in Mexican prison. natural curiosity often makes them Del Toro is a U.S. citizen born and say, ‘‘Mexico, your time is up. Send back Del Toro.’’ look for guns. Very few guns are used raised in Texas. His parents are U.S. the way they are in the movies to citizens. Mr. Del Toro is accused of f counter somebody entering through driving from San Antonio, Texas, to DEBATE ON GUNS AFFECTS THE the bedroom window and you shoot Sarasota, Florida, to commit a murder, DISTRICT them dead. That is not what happens to driving back to San Antonio, and then The SPEAKER pro tempore (Mr. guns in the home. Look at the statis- crossing the Mexican border to escape ISAKSON). Under a previous order of the tics and you will know. But in big trou- justice in this country. He had entered House, the gentlewoman from the Dis- bled cities there are other hazards in Mexico illegally and he was scheduled trict of Columbia (Ms. NORTON) is rec- for deportation 2 days after his arrest addition. ognized for 5 minutes. The lady who takes care of my handi- in November of 1997. At the last hour, Ms. NORTON. Mr. Speaker, last week capped daughter when I told her about as border patrol agents in Texas were we had a heartbreaking debate on guns. how some people wanted guns in the awaiting Del Toro’s arrival at the bor- Women Members of this body felt this homes gave me I think the best wakeup der to take him into custody, Sarasota debate with particular poignancy. If call of all. She said, ‘‘Oh, my God, what State attorney, Earl Moreland, received a phone call from officials at the the truth be told, we regard ourselves will happen to these bad teenagers?’’ Department of Justice who informed as special guardians of issues that af- The first she could think of is in her him that Del Toro’s deportation had fect women and families, not because high crime neighborhood in southeast been canceled and that the United we are such, we are after all, self- Washington, the troubled teens would States will have to file a formal extra- anointed, but because we choose to be. be all over the place. She has a hard dition request. However, I ask you to imagine a bill enough time with them now, but if that came from outside, thrown in like they think that everybody is packing a b 1815 a piece of dynamite to wipe out all gun in her neighborhood, she did not No reason was given for this change. your local gun laws, whether you are know what she would do. I know that Then the Department of Justice deliv- from the West and treasure your right because I represent this city. I do not

VerDate jul 14 2003 14:20 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00048 Fmt 0688 Sfmt 0634 E:\BR99\H22JN9.001 H22JN9 13864 CONGRESSIONAL RECORD—HOUSE June 22, 1999 expect Members to know that who do Genuine bipartisanship in Congress nuclear development program at other not. That is why I do not expect them complementary to formulating a for- locations in violation of the agreed to impose guns on me when my city eign policy, however, requires that framework, we really do not have evi- council has not done so. In this town, Members of the Congress speak out dence that they have stopped. particularly in high crime neighbor- when serious foreign policy failings by Certainly, former Secretary Perry ef- hoods, the criminals and, yes, the teens this or any other administration are fectively delivered a strong message to would be breaking in not looking for detected. It is in this context that this the upper echelons of North Korean computers but looking for guns be- Member expresses deepening concerns leadership, and the American inspec- cause they hear the people are packing over the Clinton administration’s con- tion team performed its mission very guns now because the Congress says, tinued lack of a coherent, comprehen- well. While applauding these efforts, ‘‘That is the thing to do if you live in sive strategy towards Pyongyang, to- this body nevertheless must urge care- a high crime city, pack your gun in.’’ ward North Korea. This situation pre- ful scrutiny of both the results and the I do not need this body to send this sents a grave challenge to vital U.S. administration’s impending policy pro- message to a city that is one of the national security interests. posal. most violent cities in the United In recent weeks, two important U.S. There is an old adage that says ‘‘ac- States and that our police chief is just missions have traveled to the Demo- tions speak louder than words.’’ With getting under control. He was at the cratic People’s Republic of Korea, that Pyongyang, actions shout louder than forefront of those who said he did not is, North Korea. The first mission was words. So, indeed, this Member is trou- want our handgun laws wiped out and that of former Secretary of Defense bled by the provocative language and the actions of the North Korean leader- for God sakes do not send a message William Perry who has been tasked by ship both during and after the from the House that everybody ought the President to complete a congres- Kumchang-ni inspection and Secretary to pack a gun. sionally mandated, comprehensive re- Perry’s visit. Not much time has Mr. Speaker, on Monday, a grand- view of U.S. policy regarding the prob- passed since Dr. Perry’s visit but mother named Helen Foster was shot lems of the Korean Peninsula. Dr. Pyongyang’s behavior thus far shows in the back in southwest Washington Perry is an outstanding public servant, no real evidence of an interest in con- as she gathered children after she extraordinarily well qualified to under- fidence-building measures or tension heard gunshots, recognizing that they take this important assignment. In reduction. Rather, its behavior rings of might be in danger. She died at D.C. large part because of his reputation, persistent hostility, and appears to be General Hospital. What happens when his qualifications and the high bipar- inconsistent with defusing tensions, there are guns in the home in a city tisan respect he has here on Capitol advancing regional security, and im- like this? What happens when there are Hill, expectations are very high that he proving relations. will be successful in engaging no handgun laws in a city like this? Here are just a few examples. First, Grandmothers get shot in the back try- Pyongyang and presenting them with a the media has been reporting widely ing to defend their children. clear choice of another track for its re- that Pyongyang will test fire the Let the District be the District. Go lationship with the United States, the Taepo Dong II ballistic missile in July home and be what you want to be. Let Republic of Korea—that is South or August. If these reports are accu- my District be what it is. Korea—and our allies in the region. rate, the growing capability of North The second mission involved the in- f Korea’s missile development program, spection of the suspected underground including an intercontinental ballistic NORTH KOREA: EXPERIENCE nuclear facility at Kumchang-ni, North DICTATES CAUTION missile capable of reaching the conti- Korea. That country, my colleagues nental United States, cannot be over- The SPEAKER pro tempore. Under a will remember, agreed to abandon its stated. North Korea, perhaps the most previous order of the House, the gen- nuclear aspirations in return for the volatile and unstable regime on earth, tleman from Nebraska (Mr. BEREUTER) construction of two light-water reac- is fast acquiring the ability to strike is recognized for 5 minutes. tors for power generation through the the continental United States with Mr. BEREUTER. Mr. Speaker, de- U.S.-led international consortium weapons of mass destruction. spite a number of highly contentious called the Korean Energy Development Press reports indicate that talks be- foreign policy issues that have been de- Organization, or KEDO. If it is learned tween North Korean officials and Dr. bated in this body in recent months, that the DPRK has a secret nuclear Perry on halting the ballistic missile this Member continues to believe that program, this, of course, would com- program and sales, a key requirement American interests are best served by a pletely undermine the credibility of outlined by Dr. Perry as he prepared bipartisan foreign policy. When the ex- the Clinton administration’s policy of for his visit, apparently ended with the ecutive and legislative branches, fur- constructive engagement and would same North Korean attempts at extor- thermore, speak with one voice, the end KEDO. tion that the U.S. has received at ear- Nation is more likely to enjoy success If these missions proved satisfactory lier meetings. The North demanded a in preserving its vital interests. in their results, it was hoped that the large direct cash payment to terminate As chairman of the Subcommittee on Clinton administration would begin to the program. True to form, the DPRK Asia and the Pacific of the Committee lay a solid foundation for eliminating behaves as the modern equivalent of on International Relations, this Mem- or at least dramatically reducing hos- the Barbary pirates, extorting tribute ber has had the opportunity to focus tilities and ultimately for wholly in return for barely tolerable behavior. closely on the Clinton administration’s transforming the relationship between It is also important to note that dur- policy toward this important region. North Korea and the United States and ing Dr. Perry’s visit, the North Korean Frankly, the administration deserves our regional allies. Working towards press condemned the U.S. with the credit on several fronts in its overall this objective certainly is a laudable most contemptuous invective—and also policy there, including its active sup- and desirable goal if North Korea truly vitriolically denounced South Korea port for democracy in Indonesia and a does wish to break from its history of and Japan—on issues ranging from a peaceful resolution to the festering sit- brinksmanship and blackmail. Regret- supposed U.S. master attack plan, an uation that is East Timor, the success- tably, this Member does not find the alleged U.S. dress rehearsal for an at- ful renegotiation of the U.S.-Japan Se- results of the administration’s mis- tack on the DPRK being staged in the curity Guidelines, its commitment sions to be wholly reassuring, particu- Balkans, and a condemnation of West- with Congress to maintain 100,000 U.S. larly when viewed against the back- ern economic policies that must be pre- military personnel in the Asian region, drop of North Korean provocations. Of vented from so-called poisoning their and the judgment to elevate the import course, despite the completion of the society. Pyongyang further lambasted of the Asia Pacific Economic Coopera- Kumchang-ni inspection to determine Seoul’s ‘‘sunshine policy’’—South Ko- tion Forum. if Pyongyang is covertly continuing its rean President Kim Dae Jung’s policy

VerDate jul 14 2003 14:20 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00049 Fmt 0688 Sfmt 0634 E:\BR99\H22JN9.001 H22JN9 June 22, 1999 CONGRESSIONAL RECORD—HOUSE 13865 of engagement with the North—as a tack. The administration has a responsibility to completing requirements at the West- blatant attempt to absorb North extensively and routinely consult with Con- ern Reserve University. Korea. gress, particularly on a threat of this mag- In 1934, he entered Meharry Medical Mr. Speaker, this Member also would note nitude, and this body has both the responsi- College. During his 4 years there, he that the mid-June, North Korea-South Korea bility and right to act as a partner in the formu- became interested in the field of sur- naval stand-off in the Yellow Sea escalated to lation of North Korean policy. This body gery and whenever possible spent time an armed confrontation, reportedly provoked should have further dialog with, and a road in the emergency traumatic service, on by North Korean ships that violated the de- map from, the Clinton administration that the wards, and in operating rooms. He marcation line. Pyongyang subsequently clearly outlines the benefits that would be ex- was privileged to have professors and threatened to cancel long-postponed talks with tended to Pyongyang for working in earnest lifetime friends, several famous sur- the South, and agreed to sit down only after with the United States, the conditions that the geons: Dr. John Hale, Matthew Walker, a final shipment of humanitarian aid arrived in North must meet to obtain these benefits, and and Joseph L.B. Forrester. North Korea. This was the last shipment of the potential consequences of remaining in- After graduating in 1938, he sought $50 million in fertilizer aid that Seoul had tractable. We also should work to ensure that and was successful in an effort to re- agreed to provide in exchange for these talks. any administration plan is backed by both ceive an internship at Cleveland City The potential challenges for the U.S. and United States willingness and capability to un- Hospital. Following his surgical resi- the Asia-Pacific region posed by recent North dertake the tough measures to bolster our na- dency, he was appointed assistant clin- Korean activities highlight the need to remain tional security that North Korea appears to un- ical professor of surgery in the Depart- very wary of the North’s intentions and ac- derstand. ment of Medicine at Western Reserve tions, despite the initial results of the School of Medicine. This position enti- b 1830 Kumchang-ni expeditious withdraw and its tled him to hospital privileges at Uni- Perry missions. In some ways, the results of Pyongyang subsequently threatened versity Hospitals and Mt. Sinai Hos- these missions raise more questions and con- to cancel the long postponed talks with pital. cerns than they answered. For example, it is the south. That is not a good start to He became the first black physician no real surprise that the inspection team found a more constructive path. to receive a full staff appointment in no evidence linking the underground site at I urge my colleagues to watch this any hospital in Cleveland, Ohio. He Kumchang-ni to North Korea’s nuclear weap- issue very carefully and to work with continued to fill his dreams by moving into the office with his father where he ons program. If this evidence had existed, it is the administration, demanding a full built a general and thoracic surgical obvious that the United States never would report on progress on the Dr. Perry practice while continuing as a visiting have been permitted to inspect that facility. mission. surgeon at University Hospitals. In en- In addition, this Member’s concern about the f possibility of a covert North Korean nuclear suing years, he became involved in nu- TRIBUTE TO DR. MIDDLETON H. development program are exacerbated by merous activities, was elected Presi- LAMBRIGHT, JR., OF CLEVE- dent of the American Academy of Med- press reports that the North is not cooperating LAND, OHIO icine in Cleveland in 1964. He became sufficiently with the IAEA regarding reactor only the second African-American to parts that are missing from Yongbyon, a sub- The SPEAKER pro tempore. Under a head a local affiliate of the American ject which is covered by the Framework previous order of the House, the gentle- Medical Association. He also worked Agreement. More worrisome, however, are re- woman from Ohio (Mrs. JONES) is rec- with his father to found Forest City ports that Pyongyang has been trying to ob- ognized for 5 minutes. Hospital which enabled other African- tain items related to uranium enrichment. This Mrs. JONES of Ohio. Mr. Speaker, on American doctors to head up medical material would help North Korea develop nu- Monday, June 14, 1999, the Eleventh Congressional District and the Nation departments throughout the hospital. clear weapons without violating the Frame- He believed in taking chances and lost a medical pioneer and giant, Dr. work Agreement. Lastly, accentuating this list seeking new opportunities. In 1971, he Middleton H. Lambright, Jr., who was of concerns is the genuine difficulty we have was offered and accepted a position as born in 1908, at the dawn of the 20th in monitoring North Korean activities in that, Dean and Associate Professor of Sur- century, in Kansas City, Missouri. His the most closed society on earth. gery in the College of Medicine at the father, Middleton Sr., was not only a Mr. Speaker, North Korea’s continuing Medical University of South Carolina. medical doctor, but was a man of vi- provocations demonstrate how important it is He was quoted as saying: My father sion and hope for his children. Seeking for the administration to clearly and, I empha- would have been extremely pleased to greater opportunities for his son and size, expeditiously lay out for Congress its pol- know that his son had been invited to daughter, Dr. Lambright moved to icy proposal for North Korea. North Korea’s join the staff and faculty of an institu- behavior certainly seems to reflect a leader- Cleveland, Ohio, at the end of World tion he could not have hoped to enter ship that still has little intention of working con- War I, when Middleton H. Lambright, in any capacity. He was speaking to structively with the U.S. and our regional al- Jr., was 12 years old. the racial segregation in the State of lies. North Korea’s leadership appears to re- Young Middleton was also interested South Carolina. main committed to its policy of orchestrating in medicine. From the time he was After more than 25 years of practice, crises as a means of extorting financial and very small his father had permitted Dr. Lambright returned to Cleveland humanitarian assistance. If this is the case, him to ride with him when he made and entered his third career as the vice forthcoming Clinton administration policy pro- house calls, visit the hospital and president of medical affairs for Blue posals that derive principally from the percep- spend time in his office browsing Cross and Blue Shield. Here was a man tions of the inspection team and Dr. Perry in through medical literature. Very early who had a dream and who had his ma- may leave unanswered the particularly thorny in his life, Middleton was given the op- terialized and then had been granted policy question of how to deal with a truculent, portunity to understand the meaning the opportunity to expand the use of mercurial, and menacing North Korea—one of success, duty, and commitment. His his success in many avenues. He be- that continues to use posturing and threats to father was his example of an educated, lieved that a man so blessed had a duty extract resources and other concessions while successful black man fulfilling his to his fellow man. offering nothing meaningful in return. dream of giving service to others Dr. Lambright might well have been Mr. Speaker, relations with North Korea are through his medical practice. guided by the words of Thomas Paine: highly problematic and precarious. A policy The son wanted to follow in his fa- The duty of man is plain and simple failure on our part for the Korean Peninsula ther’s footsteps. Middie, as he was and consists of but two points, his duty would put tens of thousands of American nicknamed, graduated from Glenville to God, which every man must fill, and troops and the South Korean people at risk. High School of the Cleveland Public with respect to his neighbor, to do as Misjudging our adversary could result in vir- Schools. He attend two prestigious his- he would be done by. tually any Americans on the continent being torically black universities, Morehouse His list of medical staff appoint- vulnerable to North Korean ballistic missile at- College and Lincoln University, before ments would equal the list of several

VerDate jul 14 2003 14:20 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00050 Fmt 0688 Sfmt 0634 E:\BR99\H22JN9.001 H22JN9 13866 CONGRESSIONAL RECORD—HOUSE June 22, 1999 physicians combined, and included MacArthur in the Pacific, Dr. Lambright was Democrat help and with the help of Mr. there is appointments to numerous not allowed to go with them because of the Riggs from California, and we passed hospitals in the city of Cleveland. He racial segregation in the military. Because this bill in 1997. This is a bipartisan bill shared his knowledge and experience the Army’s only black medical training unit to provide more public choice for all was full, he remained at City Hospital with young students eager to join his throughout the war. our Nation’s children and parents. honored profession, serving as an in- Dr. Lambright became an assistant pro- Secondly, we need more teachers, not structor and clinical assistant professor of surgery at Case Western Reserve just more of them, but better quality fessor at Case Western Reserve. University and chief of surgery at Forest of teachers to compliment and supple- Involved in numerous community ac- City Hospital. He was medical adviser for ment the number of teachers that are tivities, he was a trustee, grand jury The Plain Dealer Golden Gloves tournaments working so hard in America today, and foreman, a trustee of the American Red and medical director for the Cleveland Box- my good friend from Florida (Mr. ing and Wrestling Commission. Cross. Here indeed was a man who DAVIS) and I have introduced a bill In addition to his memberships in numer- dared to dream, who lived his dreams, ous professional organizations, Dr. called Transition to Teaching Act that and shared his vision. Anthropologist Lambright found time for civic activities. He will boldly improve on the Troops to Margaret Mead ‘‘measured success in served on the original trustee board for Teachers bill to try to build relation- terms of the contributions that an in- Cleveland State University. He was also a ships with the private companies and dividual makes to his or her human trustee of several local organizations, in- foundations to help transition people beings.’’ Booker T. Washington said cluding the Automobile Association, Growth from their first career, as maybe a ‘‘success is to be measured not so much Association, United Appeal, American Can- businessman or a businesswoman, by the position that one has reached in cer Society, Red Cross, Welfare Federation, somebody in science, somebody as a po- Urban League, Cedar YMCA and Barons life as by the obstacles which he has Hockey Club. lice officer or a fireman, and transition overcome while trying to succeed.’’ By He was appointed Cuyahoga County grand them into a second career of teaching. either measure, Dr. Middleton H. jury foreman in 1965. This is a dream for many people when Lambright, Jr., was a successful man. After he returned to Cleveland from South they are in their 40s or 50s or 60s, to On behalf of the citizens of the Elev- Carolina, he was a trustee of the Cleveland enter the teaching profession, and my enth Congressional District of Ohio, I Scholarship Program colleague from Florida (Mr. DAVIS) and express gratitude to this outstanding He was a member of Alpha Omega Alpha I will introduce this bill on Thursday, citizen of Ohio for his life and service Honor Medical Society and Alpha Phi Alpha the Transition to Teaching Act. fraternity. Thirdly, we need technology. The E- and extend my condolences to his fam- Dr. Lambright is survived by his wife, ily and friends. Willie Callaham Lambright of Greensboro, rate, which I would say the E stands [From the Plain Dealer, June 19, 1999] N.C.; a sister, Elizabeth B. of Euclid; and a for equality or education, the E-rate DR. MIDDLETON LAMBRIGHT, OVERCAME granddaughter, Lodi of Providence, R.I. needs to make sure that we win the RACIAL BARRIERS Services will be a 11 a.m. June 26 at the battle of connecting up our schools and (By Richard M. Peery) Mausoleum of Lake View Cemetery, 12316 libraries to this exciting new tech- Euclid Ave., Cleveland. EUCLID—Dr. Middleton H. ‘‘Middie’’ nology of the Internet. It is not the an- Arrangements are by the E.F. Boyd & Son Lambright Jr. was a pioneer who broke bar- swer, the panacea, to all our Nation’s Funeral Home of Cleveland. riers of racial discrimination throughout his questions of research, but it does pro- Memorial donations may be made to the career. CWRU/Forest City Hospital Endowment vide us some interesting opportunities He was the first black doctor to attain full Fund, Bolton School of Nursing, 10900 Euclid for helping with new curriculum, help- hospital privileges in Cleveland when he was Ave., Cleveland 44106–4904; or to Meharry ing develop role models for new teach- admitted to the staffs of University and Mt. Medical College, Division of Institutional ers, helping share information from Sinai hospitals. Advancement, 1005 D.B. Blvd., Nashville, He worked with his father to found Forest one classroom to another. The E- rate Tenn. 37208. City Hospital, enabling black doctors to head is the battle of the new century to medical departments. f make sure that all of our Nation’s chil- He was the second in the nation to head a dren in the inner city, in the rural INTRODUCTION OF THE local affiliate of the American Medical Asso- communities which I represent in Indi- TRANSITION TO TEACHING ACT ciation when he became president of the ana, that they all have access to get to Cleveland Academy of Medicine in 1964. The SPEAKER pro tempore. Under a this technology and that our teachers, When he left Cleveland in 1972 to become previous order of the House, the gen- assistant dean of the Medical College of that our teachers are equipped with the South Carolina, he was welcomed to the tleman from Indiana (Mr. ROEMER) is sufficient skills to learn this and teach state by Sen. Strom Thurmond, who had recognized for 5 minutes. it and convey it to our children. been one of the leading defenders of racial Mr. ROEMER. It has been said, Mr. Fourthly, when we just succeeded on segregation in the nation. Speaker, that as education goes, so this, and I worked closely with my Dr. Lambright returned to Cleveland in goes America. Whether we are talking good friend from Delaware (Mr. CAS- 1984 to serve as a vice president of Blue Cross to a labor union in South Bend, Indi- TLE), a Republican, on the education & Blue Shield of Ohio. He retired four years ana, or a small business in Elkhart, In- flexibility bill, we will give our local later. Dr. Lambright died Monday at his home in diana, and with an unemployment rate communities additional waivers from Euclid. He was 90. of about 3 percent, everybody is saying Federal and State regulations if they He was born in Kansas City, Mo. When he the same thing across our State, that attach more success to that student, was 12, his father moved the family to Cleve- we need to work together in the United that student that gets better scores land so his children would not be subjected States Congress to improve education, and graduates from year to year and to segregated education. Dr. Lambright not just simply improve it, but to cre- out of high school into college. graduated from Glenville High School. atively and boldly improve education That education flexibility is directly He attended Lincoln University in Penn- sylvania, but his graduation was delayed for every single one of our Nation’s tied to the success of the student and while he recovered from tuberculosis. He children. not to more and more red tape, regula- eventually received a degree from Western Now the new Democrat coalition, tions, and requirements. And, Mr. Reserve University in 1934. He decided to spe- which I helped start and found, has Speaker, we need to do more. We need cialize in surgery while he was a student at taken the approach that we need to do to look at bolder and newer and more Meharry Medical College in Nashville, Tenn., a host of creative and bold new things. creative ideas, teacher academies set where he graduated in 1938. Certainly we all agree that parental in- up with our universities and colleges. Dr. Lambright completed his internship at volvement and community concern is We need to look at preschool initia- City Hospital, now MetroHealth Medical Center, and was serving a surgical residency the Number one issue, and in addition tives when we are hearing that our there when World War II broke out. Al- to that we need more charter schools children are learning more and more at though fellow residents joined the Lakeside and public school choice. This was a earlier and earlier ages and they are Medical Unit that served under Gen. Douglas bill that I wrote and drafted with new capable of more and more.

VerDate jul 14 2003 14:20 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00051 Fmt 0688 Sfmt 0634 E:\BR99\H22JN9.001 H22JN9 June 22, 1999 CONGRESSIONAL RECORD—HOUSE 13867 We need to look at helping provide ernment lists as a violation of human when it does not, they forget about it. the resources to our local communities rights that we are holding them ac- But just recently we have heard the to stop social promotion. It does not do countable for that we want to use citing of the Constitution quite fre- our children any good to be promoted against them so that we do not trade quently. In the impeachment hearings: from grade to grade to grade when they with them is the fact that two individ- We have to uphold the Constitution, we cannot provide, they cannot read, they uals last year were arrested because have to live by our traditions and our cannot provide themselves with the op- they desecrated the Communist Chi- ideals. Just last week we were citing portunity to learn more about geog- nese flag. the Constitution endlessly over the raphy and math and science. b 1845 second amendment which I strongly So, Mr. Speaker, as paraphrasing support, and which I said the same Abraham Lincoln in conclusion, Abra- I think that is pretty important. We thing. We must uphold the Constitu- ham Lincoln talked about making sure should think about that. First, the Chi- tion to defend the second amendment. that we all have the opportunities not nese Government makes it illegal to But all of a sudden here we have de- to guarantee that we will all finish the desecrate a flag in Hong Kong, and cided to change the Constitution that race of life at the same time. No, no- then they arrest somebody and they we are in some way going to restrict body can guarantee that, but at least convict them, and they want to hold it the freedom of expression. we get the opportunity for an equal against them and say we do not want We say, well, this is bad expression. start in life, and that comes back to to give them Most Favored Nation sta- This is ugly people. These are people education. tus because they are violating some- that are saying unpopular things, and Let us work together across the body’s human rights. they are being obnoxious. But, Mr. aisle, Democrat and Republican, for Mr. Speaker, my point is obviously Speaker, the first amendment and the creative bold new reforms in education that why do we want to emulate them? freedom of expression was never put as the new Democratic coalition has There are other countries around the there for easygoing, nice, conventional, sought to do. world that have similar laws: Iraq, noncontroversial speech. There is no f Cuba, Haiti, Sudan; they all have laws purpose to protect that. Nobody cares. WHAT WE WOULD BE DOING BY against desecration of the flag. But in The purpose of freedom of expression is AMENDING THE CONSTITUTION this country we have not had this. We to protect controversy, and if some- TO MAKE IT ILLEGAL TO DESE- have never put it in the Constitution. body is upset and annoyed, the best CRATE THE AMERICAN FLAG This debate would dumbfound our thing we can do with people like that is Founders to think that we were con- to ignore them. If we pass a constitu- The SPEAKER pro tempore. Under a templating such an amendment to the previous order of the House, the gen- tional amendment and people are so Constitution. anti-American that they want to dis- tleman from Texas (Mr. PAUL) is recog- We have existed now for 212 years nized for 5 minutes. play their anti-Americanism, they will since the passage of our Constitution, love it. They will get more attention Mr. PAUL. Mr. Speaker, tomorrow and we have not had laws like this, but we have on our schedule the debate and because we will be sending in the Fed- all of a sudden we feel compelled. What the vote on a constitutional amend- eral flag police to do something about is the compulsion? Do we see on the ment, the amendment that would make it. nightly news Americans defying our the desecration of the flag illegal. Some will argue the Constitution flag and defying our principles of lib- Many who support this amendment does not protect freedom of expression; erty? I cannot recall the last time I imply that those of us who oppose it it protects freedom of speech, and this saw on television an American citizen for some reason might be unpatriotic. is not speech, this is ugly expression. burning an American flag or dese- That, of course, is not true. But the Constitution does, does protect I would like to call attention to my crating our flag. So all of a sudden now freedom of expression. That is what fellow colleagues just exactly what I we decide it is a crisis of such mag- speech is. What about religion? To ex- see us doing by amending the Constitu- nitude that we have to amend the Con- press one’s religious beliefs. What tion. stitution; at the same time, chal- about one’s property, the right to go in The very first thing that Communist lenging the principles of freedom of ex- and express what one believes? That is China did after it took over Hong Kong pression. what freedom is all about is the free- was to pass legislation to make sure There is one State in this country dom of expression and belief. I do not that it was illegal to desecrate the Chi- that has a law which they have the see how this country can become great- nese flag. Now let me say that one time right to, a law against desecration of er by having an amendment written again. As soon as Red China took over the flag. And the flag police went to a that is in some ways going to curtail Hong Kong, that was the very first house to find out what was going on be- the freedom of Americans to express thing they did. One of the first pieces cause they were flying their flag upside themselves. We have not had it for 212 of legislation was to make sure that down. What is going to happen when we years, and here we are going to change the people of Hong Kong knew it was try to define ‘‘desecrate’’? Desecrate is it. illegal to do anything to desecrate the usually something held for religious It is expected that this will be passed Chinese flag. symbol. Have we decided to take the overwhelmingly, and in the Senate pos- Now another interesting thing about flag and make it a holy symbol? But sibly as well, and then throughout the the Chinese and their flag is that we will a towel that is in the shape and country, but I do not see this as a posi- monitor human rights in China. As a the color of a flag that somebody is tive step. We here in the Congress matter of fact, the State Department is lying on at the beach, is that going to should think seriously before we pass required to come before the House and be a reason to call the FBI and call the this amendment. the Senate and report to us about the flag police in to arrest someone for this desecration? Because we do not define violations of human rights in China. f The purpose is to find out whether or the desecration, we just say we will not they qualify for full trade with us, write the laws to police this type of ac- and the argument comes up every year. tivity. NEXT STEPS FOR REDUCING GUN Some say, well, they violate civil Mr. Speaker, in recent weeks we have VIOLENCE rights and human rights all the time; had many Members in this Congress The SPEAKER pro tempore. Under a therefore, we should not be trading cite the Constitution. As a matter of previous order of the House, the gentle- with Red China, which is an argument fact, the Constitution is cited all the woman from New York (Mrs. MCCAR- that can be presented. time. Sometimes I see it inconsistently THY) is recognized for 5 minutes. But in this report that came out in cited, because when it pleases one to Mrs. MCCARTHY of New York. Mr. Speak- April to summarize last year, our gov- cite the Constitution, they do; and er, we first need to go back to the American

VerDate jul 14 2003 14:20 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00052 Fmt 0688 Sfmt 9920 E:\BR99\H22JN9.001 H22JN9 13868 CONGRESSIONAL RECORD—HOUSE June 22, 1999 people and ask them to speak to their rep- health professionals, and we need to cident. Women are in tune to the dev- resentatives. We will work with mothers, fa- lessen the negative influence of vio- astating effects that gun violence has thers, advocates, and I won’t stop until 13 chil- lence in our media. All of these things on American families and have rightly dren don’t die every day. we need to do. lead the charge to improve gun safety. I will be at front lines as we figure out every But we cannot ignore the fact that We will keep the pressure on House strategy open to us to pass real gun violence angry and troubled youth exact the leaders to ensure that effective meas- legislation. horrible price that we saw in Littleton ures are taken to protect children from First, we will work with the House and Sen- only when they can get their hands on violence. House leaders should act ate conferees on the Juvenile Justice bill. dangerous firearms. Eric Harris and quickly to negotiate a compromise Secondly, we don’t yet have a date when Dylan Klebold used firearms that were that includes the Senate-passed gun the conference will be appointed. The Senate purchased at a gun show. T.J. Solomon safety measures. But if the House lead- first decides to appoint their conferees. shot his classmates in Conyers, Geor- ers once again fail to take a strong The next big litmus test for the American gia, after taking guns without child stand to keep guns from criminals and public to watch is the Motion to Instruct the safety locks from his parents’ house. kids, then we will keep searching for Conferees. That motion will consist of the Sensible gun safety measures must be a opportunities to pass the legislation House asking the Conference Committee ap- part of a comprehensive approach to that is called for by the American peo- pointees to keep the Senate language on the youth violence. ple. Gun Show Loophole Amendment. Our colleagues in the Senate did the I call on my Republican colleagues to We will attempt to attach the Gun Show right thing to respond to our country’s stand up for gun safety measures. Each Loophole language to the Treasury Postal bill crisis of youth violence. They passed time that Congress has passed legisla- and Commerce/State/Justice, which both over- limited, but needed, measures to keep tion to keep criminals from getting see some gun laws. In addition, some of my guns out of the hands of children and their hands on weapons, it is because colleagues have discussed attempting to at- criminals. The bill passed by the Sen- there has been bipartisan support. I am tach the language to every appropriations bill, ate would close the loophole that al- disappointed that a much smaller share including this week’s Transportation bill. lows criminals to buy weapons at gun of Republicans voted for real gun safe- I still believe that we need freestanding gun shows; close the loophole that allows ty legislation last week than when the legislation. That’s why I will continue to ask importation of high-capacity ammuni- House passed the successful Brady law that my bill—the Children’s Gun Violence Pre- tion clips, and require that child safety that has blocked hundreds of thousands vention Act—be given a hearing. We will work locks be provided when handguns are of gun sales to criminals. to include the bill—or pieces of it—in any gun sold. Mrs. JONES of Ohio. Mr. Speaker, I rise violence legislation. The measure passed the other body, today to join other members of the Congres- f by the other body are not radical, and sional Women’s Caucus expressing our dis- they were passed in a bipartisan way. appointment with the gun safety debate of last GUN SAFETY They will not take away anyone’s guns. week. It distresses me both as a mother and The SPEAKER pro tempore. Under a They will not keep any law-abiding as a former County Prosecutor and judge. previous order of the House, the gentle- citizens from buying a gun. They will With the increase in youth violence at schools woman from Connecticut (Ms. simply put in place a few needed pro- across America and the countless instances of DeLauro) is recognized for 5 minutes. tections to keep guns out of the hands children killed in gun related accidents, I be- Ms. DELAURO. Mr. Speaker, last of criminals and children. lieve there is a need for increased gun safety. week the House had the chance to do This House should have passed these Parents across America are more con- the right thing and pass common-sense measures last week when we had the cerned about their children’s safety after the gun safety legislation, that, in fact, the chance, but we did not. Why did the Columbine incident. We send our children to American people support overwhelm- House refuse to take such a basic step school to get an education and improve their ingly. But the House leadership chose as to close the gun show loophole? I citizenship, not to be threatened by class- instead to cave in to the wishes of the heard a colleague of mine say that mates. NRA, the National Rifle Association. It closing the loophole would create too I recognize the fact that legislation restrict- was outrageous. House leaders actually much paperwork, that it would be an ing the access children have to guns is not the chose to respond to the tragedy at inconvenience. Imagine that. An incon- only answer to this epidemic of cultural values. Littleton by trying to weaken gun venience. Tell that to the parents of a Parents must take a greater responsibility for safety laws. murdered child. Tell them about paper- ensuring children learn right from wrong and Never before have I seen the will of work. Tell them about the annoyance how to resolve their problems with others in a the American people so totally ignored. of waiting 3 days to buy a gun. Com- non-violent way. Violence should not be a The House last week failed to take pare the hardship of waiting 3 days to child’s first impulse when life does not go the reasonable and needed action to re- buy a gun to the hardship of endless way they expect. verse the tide of youth violence, but days of agony and mourning the loss of I believe that a combination of greater pa- that will not and must not be the end a murdered child. rental involvement in children’s lives coupled of the story. The tragic shooting at This Congress should be ashamed for with tighter restrictions on access children Columbine High School in Littleton, caring more about reducing paperwork have to deadly weapons is necessary. As a Colorado, claimed 15 lives and brought than reducing gun violence. person matures they learn better control of sharply into focus the crisis of youth I am disappointed that the House their emotions, and how to deal with others. violence afflicting our country. failed to take steps that we needed to Lask week we tried to close the loophole When 13 children a day die from gun- last week, but that is not the end of exploited by several known criminals. Unfortu- fire, we have a crisis that the Congress the story. We are here tonight to make nately that initiative was filled with amend- of the United States should respond to. clear that we are determined to see ments seeking to loosen, not tighten, restric- We know that there is no one solu- common-sense gun safety legislation tions on gun purchases. Because of the action tion to the challenge of youth violence. passed. The American people deserve taken to weaken the legislation I was unable We need to encourage stronger rela- no less. to support it. I care about our children and tionships between parents and chil- Many Members have strongly sup- families, that is why I took the action I did. dren. We need to make sure that ported efforts to keep guns from falling Gun shows have become a haven for crimi- schools have the resources that they into the wrong hands, and I applaud nals and underage gun purchasers as well as need, resources to reduce class sizes so them for their efforts. Among those those collectors seeking to buy guns. The two that students get individual attention, who have been the most committed to young men who attacked their classmates at and that teachers can handle and keep protecting children from gun violence Columbine High School bought some of the a handle on their classes. We need re- have been the women in the House of weapons used in that tragedy through a gun sources for counselors and for mental Representatives, and that is not an ac- show. Timothy McVeigh and Terry Nichols, the

VerDate jul 14 2003 14:20 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00053 Fmt 0688 Sfmt 9920 E:\BR99\H22JN9.001 H22JN9 June 22, 1999 CONGRESSIONAL RECORD—HOUSE 13869 two men convicted of bombing the Oklahoma the Subcommittee on National Parks pens when people die in battles. But Federal Building, financed their attack through at Gettysburg that I sat through and the National Park itself should have illegal sales at gun shows. found the debate fascinating. Partly it the historic integrity of the battlefield. I do not favor closing gun shows. Rather, I is the struggles between a community That is one of the key parts of this think we need to restrict a person’s ability to that does not want to see the visitors’ plan. go to a gun show and avoid the background center moved away from where many Part of that is when we go, and cur- checks on their purchase. A background of the retail attractions are and the rently at Gettysburg the visitors cen- check is not an assault on a person’s Second National Park Service. ter sits at a key point in the fishhook Amendment rights. We seek to protect inno- I came away from that, A, not fully of the Union line. So when we try to cent people from the risk of gun violence by understanding the community’s opposi- get a feeling of the battle, there sits criminals and children. The law is clear and tion. While I understood some concern the visitors center, there sits a mod- right, if you do not pass a background check if the visitors’ center moves a half ernist-looking building, which is a very you cannot legally own a gun. mile, in fact as a former retailer, and architecturally significant building but An issue raised by gun advocates about actually still own and lease out our re- nevertheless modern, that has a cyclo- background checks was the waiting period. tail businesses, it looks to me like this rama in it, not to mention this huge The fact is that the majority of safety checks would be a huge advantage to every re- tower going up. We cannot possibly get takes no more than a few hours. About 70 tailer in the town of Gettysburg, be- a feel for what it looked like to Gen- percent of these checks goes through imme- cause the increased length of stay, the eral Pickett coming up the hill or on diately. Law enforcement is concerned about repeat visits, the more things to see Little Roundtop as you are looking those checks that require more time, the mi- and do will lead to more dollars being down on the battlefield when you have nority of background checks. By limiting the spent in the community. this huge tower sticking up, and the time law enforcement has to check a person’s But beyond that, this is a national visitors center and the cyclorama right record we allow people who are not supposed area, and it raises a number of ques- in the heart where the battle was. to own guns to actually buy weapons. tions that we have to sort through spe- The proposal would move the visitors I do not want to prevent law-abiding citizens cifically on Gettysburg, which I hope center and the cyclorama over toward from seeking a weapon legally for protection, will move ahead rapidly. This report an area where the fighting did not sport, or personal collection from buying a was just released last week on the final occur. There was fighting to the east of gun. Had we passed the legislation including general management plan, and I hope it and fighting to the west of it, but it the amendment offered by Representative we can proceed. It has been held up for would be out of the center of the bat- DINGELL there would have been 17,000 people some time, and they have gone through tlefield so we could appreciate it more. allowed to purchase guns who would not have all the procedures, but we need to get Furthermore, the visitors center has been able to under current law. going on this. Also, some national de- numerous purposes, one of which is in- I support maintaining the Brady Law back- bates, the differences between a histor- terpretation. They need more space. ground checks in order to prevent criminals ical park and a National Park. Gettysburg is arguably, certainly in and children from buying guns. It is safe to For example, this is not a wilderness the Civil War, the case could be made say that those who do not have access to area. One of the things, when we look it was the most significant battle. guns and have the will to strike out against at the basic purpose of a historical In addition, they have storage and others cannot shoot another person. We need park is that it should look like it did display problems of artifacts and ar- to keep it that way. at the time of the historic event, or at chives which are now in a non-air con- I am a mother and like all mothers I worry least have the feel of that historic ditioned area. We pay sometimes hun- about my son’s safety. He should not be at event, and one of the problems that we dreds of thousands or more to restore risk from friends who could buy a gun through have on some of our battlefields is, guns, or in fact have withheld restoring the loophole in the gun show law. I support quite frankly, they are overgrown. these because they are not in air condi- true and meaningful gun safety legislation, not One of the points that they make in tioning, not in a place where you would taking guns away from law-abiding citizens. this report on page 44 is that the peach put minor or let alone major artifacts, Ms. DELAURO. Mr. Speaker, let us orchard, which was a very critical which we have from both armies in the protect our children. Gun violence is point in the second day of the battle at Gettysburg battle. not a partisan issue. American children Gettysburg, that it is now fashioned for Furthermore, support services. There deserve no less. fruit production, and then it does not has been a big dispute. The restaurant f look like the current peach orchard. and gift shop proposals have been scaled back, but one of the funda- H.R. 659: PROTECTING AMERICA’S b 1900 mental questions here is where do reve- TREASURES So we look and say, how could the nues come from and how are we going The SPEAKER pro tempore. Under a soldiers have used that as any type of to fund these parks. I think this is a previous order of the House, the gen- shield as the Confederate Army moved good plan. I hope this Congress will tleman from Indiana (Mr. SOUDER) is towards the Union line? support it. Furthermore, the woods from recognized for 5 minutes. f Mr. SOUDER. Mr. Speaker, earlier McPherson Ridge, now the woods are this afternoon we passed a bill regard- overgrown, choked with growth, and GUN SAFETY ing the Paoli and Brandywine Battle- we cannot experience the battlefield The SPEAKER pro tempore. Under a fields and the visitors’ center at Valley because we cannot visualize how the previous order of the House, the gentle- Forge. I had planned to do a 5-minute troops are moving. In many areas there woman from California (Mrs. this afternoon where I touched on some are woods where there should not be, or NAPOLITANO) is recognized for 5 min- of the points in my comments regard- farms that have been taken out so one utes. ing that bill, regarding a dispute that cannot see what it was like for the sol- Mrs. NAPOLITANO. Mr. Speaker, has arisen in the development regard- diers to go through. last month the United States Senate ing Gettysburg National Historical One of the important parts of the ex- courageously passed the juvenile jus- Park. perience is to see what it was like at tice bill that would begin to close loop- This past weekend, my son Zachary, the time the battle was fought. The holes that too often have resulted in who is in fifth grade, was here with the National Cemetery movement took guns getting into the wrong hands. Deer Ridge Elementary School, and place, of which Edward Everett and I am very deeply disappointed that among other things they went to An- President Lincoln spoke at Gettysburg. this House was unable to demonstrate tietam, and on my way back to Indiana When we had the National Cemetery similar courage last week. Instead of I joined them and then went on up to movement those were places of con- standing up for what is right, sensible, Gettysburg. We had a 3-hour hearing of templation, where we reflect what hap- and what the American people want,

VerDate jul 14 2003 14:20 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00054 Fmt 0688 Sfmt 0634 E:\BR99\H22JN9.001 H22JN9 13870 CONGRESSIONAL RECORD—HOUSE June 22, 1999 the leadership of this House pandered lieve in closing gun loopholes will con- this evening, I will be introducing leg- to the narrow interests of the gun tinue to fight to tighten our laws and islation on Thursday that offers one lobby and did not even give us the op- ask for their enforcement. approach to attract more qualified peo- portunity to vote on the bill passed in Two months ago I spoke to hundreds ple into our teaching profession. Our our Senate. Instead, they presented us of members of families and friends of bill is referred to as the Transition to with two separate bills designed to kill murdered victims assembled in Rose Teaching Act. It is modeled after the gun safety measures in this House. Hills Memorial Park to honor their very successful Troops to Teachers law The American people deserve a better slain loved ones during victims’ rights in this country which has resulted in Congress than that. They deserve a week. I pledged to them that I would more than 3,000 retired members of the Congress that places more importance work to ensure that we establish laws military choosing to become math, on human life, more importance on our and programs that will prevent the ad- science, and technology teachers since children’s sense of safety in their class- ditional loss of innocent lives, and to 1974. More than 270 of these men and room, and on the parents’ peace of strengthen victims’ rights. women alone are now teaching in Flor- mind, instead of pandering to the I intend to keep that pledge. I intend ida schools. fringe interests of the gun lobby. to serve the American people and not The Transition to Teaching Act ex- Mr. Speaker, I have been a Member of special interests. I also intend to up- pands the Troops to Teachers program this House barely more than 6 months. hold the Constitution. Therefore, I so that any midlife career professional When I came here my mission was to proudly pledge to continue to fight and can consider making a change in the serve my district and the American support reasonable gun safety legisla- teaching profession, and like the people and to do everything within my tion on behalf of America’s children Troops to Teachers program, will qual- power to ensure their safety. Our Con- and our families. ify for up to a $5,000 grant or stipend to stitution and the Congress’ primarily f cover the cost of returning to a college focus has always included the protec- REPORT ON RESOLUTION PRO- or university to complete the tion of our citizens safety. Last week’s VIDING FOR CONSIDERATION OF coursework necessary to be trained as vote betrayed that intent, and even H.R. 2084, DEPARTMENT OF a teacher and certified as a teacher in worse, was a great disservice to the TRANSPORTATION AND RELATED the State where they choose to go. American people. AGENCIES APPROPRIATIONS In exchange for that training, we and Several Members on the other side of ACT, 2000 the taxpayers of our country will ex- the debate raised concerns about up- pect at least 3 years of teaching, and Mr. REYNOLDS, from the Com- holding the Constitution’s Second we have targeted our bill towards those mittee on Rules, submitted a privi- Amendment, the right to bear arms. Of schools that have the highest percent- leged report (Rept. No. 106–196) on the course I and others support upholding age of students from an impoverished resolution (H. Res. 218) providing for the Constitution. However, I totally family where we face the greatest chal- consideration of the bill (H.R. 2084) disagree with those who contend that lenge in attracting teachers. We will making appropriations for the Depart- requiring a 3-day background check on ment of Transportation and related expect the recipients of this grant to firearms buyers at gun shows or that agencies for the fiscal year ending Sep- spend up to 3 years teaching in one of requiring child safety locks on all gun tember 30, 2000, and for other purposes, these schools, to help begin to fill the sales is an infringement on peoples sec- which was referred to the House Cal- ranks of our dwindling number of ond amendment rights. What a bunch endar and ordered to be printed. teachers. of horsefeathers. These modest gun Yesterday in my home, Tampa, I met safety measures do not prevent respon- f with three highly qualified individuals sible citizens from owning guns. They ADDRESSING AMERICA’S TEACHER who formerly served in our military simply ensure that guns do not end up SHORTAGE CRISIS and are using those life experiences to in the hands of criminals likely to pur- The SPEAKER pro tempore. Under a be very successful teachers, Ronald chase them without adequate back- previous order of the House, the gen- Dyches, Al Greenway, and Karen ground checks and then misuse them. tleman from Florida (Mr. DAVIS) is rec- Billingsley. Let us look at the known facts. In ognized for 5 minutes. Ronald Dyches told me it had always the 5 years the Brady bill has been in Mr. DAVIS of Florida. Mr. Speaker, been his dream to be a teacher. When it operation, that is the one that requires we are about to have a major problem came time to retire from the military, the 3-business-day waiting period for on our hands in this country. We have the Troops to Teachers program was gun purchase, more than 400,000 illegal more and more children entering in our there to help cover some of the costs to gun sales, two-thirds of which involve schools than we have seen in a genera- pay the bills of going back to school either convicted felons or people with a tion. At the same time, we face a mas- before he could begin to earn a salary current felony indictment, were sive retirement as more and more of as a teacher. He told me it was always blocked. This is clear evidence that our teachers begin to reach retirement his dream to be a teacher, and that this law works and we are on the right age. grant helped him realize his dream. path. In fact, we are going to need over 2 Now he is doing a terrific job. As a However, we still have much work to million new teachers over the next dec- matter of fact, as a veteran he helped do. Vice President GORE recently told ade. In my home, Florida, a growth design a course on the history of the the U.S. Conference of Mayors in New State, we are going to need over 7,000 Vietnam War that is not only being Orleans that a new government study teachers just in Hillsborough County, used in his high school, it is being used show that about two-thirds of all homi- one county that I represent. in other high schools in the cides involve the use of a handgun. Fixing our education system is like a Hillsborough County area. He is simply Also, consider that domestic violence three-legged stool. We have to mod- one example of some of the very tal- often turns into homicide in many in- ernize our schools, we have to build ented and mature people who have stances where guns are readily avail- them the right size the first time, we worked in other professions, who can able, and that law enforcement offi- need to reduce class size, especially in be brought into our schools. cials support gun safety because it the early grades, so we can return con- Our bill can help move people from saves police officers’ lives. trol of the classroom back to the the boardroom to the classroom, from It is no wonder that a recent Pew Re- teachers, and we need to begin pre- the firehouse to the schoolhouse, from search survey found that 65 percent of paring to replenish the ranks of our the police station on Main Street to this Nation believes gun control is teaching profession with the very best the school on Main Street. more important than the right to bear and brightest we can find. Let us work together to bring more arms. This battle for sensible gun con- Along with the gentleman from Indi- qualified people into our teaching pro- trol is not over. Those of us who be- ana (Mr. ROEMER) who spoke earlier fession. Let us reach out to people who

VerDate jul 14 2003 14:20 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00055 Fmt 0688 Sfmt 0634 E:\BR99\H22JN9.001 H22JN9 June 22, 1999 CONGRESSIONAL RECORD—HOUSE 13871 might consider realizing their dream b 1915 breast implant rupture at a rate of 30 and making that change to a second Never mind where they bought their percent at 5 years, 50 percent at 10 career in teaching. Let us get together gun or never mind what made them so years, and 70 percent at 17 years. and pass this legislation, and begin to crazy in the first place because today’s However, in information sent to deal with the need to have quality kids are trying to be older faster, and women considering implants, manufac- teachers as more and more students they do not know how to do it, and turers currently are grossly under- are in our schools. they should not have to do it. A lot of estimating the rupture rate at 1 per- them come from homes with only one cent. f The Institute of Medicine, the IOM, parent, and a lot of them live in pov- also concluded that the information erty. GUN CONTROL concerning the nature and relatively Unfortunately, the clear connection The SPEAKER pro tempore. Under a high frequency of local complications between poverty and antisocial behav- previous order of the House, the gentle- and reoperations is an essential ele- ior continues to be an afterthought. We woman from California (Ms. WOOLSEY) ment of adequate informed consent for think we can stumble our way to make is recognized for 5 minutes. women undergoing breast implanta- sense of security by some puny legisla- Ms. WOOLSEY. Mr. Speaker, it was tion. tion, by putting people behind iron pretty outrageous last week that the Therefore, the IOM recommends the bars instead of protecting them and Republican leadership had the nerve to development of national model of in- preventing them from being in trouble offer a watered-down version of the formed consent of women undergoing in the first place. Senate gun safety legislation. It was breast implantation to ensure women Mr. Speaker, we must address the clear to all that watched and listened fully understand the risks associated problem of youth violence in terms of that 80 percent of the Republicans were with silicone implants. prevention and in terms of effective willing to wait until there is more Women have the right to choose to punishment. We should be imple- blood on our hands before passing real get breast implants, but Congress has menting solutions based upon what re- gun control legislation, legislation the responsibility to make sure that search, what judgments, and what that would make it harder for kids to they are fully aware of the risks associ- other practitioners have indicated get guns. ated with these products. about what is needed to reduce juvenile But thankfully, 80 percent of the For these reasons, I, along with the crime and delinquency. gentlewoman from New Mexico (Mrs. Democrats and 20 percent of the Repub- That is why we must step forward licans know that our children should WILSON) and nearly 45 cosponsors have with real solutions. Following the good introduced H.R. 1323, the Silicone be worrying about hitting their books, sense of 80 percent of the House Demo- not about getting hit by a bullet. They Breast Implant Research and Informa- crats and 20 percent of the House Re- tion Act. know that our children should see publicans, we can strengthen gun con- Gunsmoke as an old TV rerun, and not This bill promotes independent re- trol laws, and we can invest in preven- search at NIH in order to ensure impar- a reality in their daily lives. And they tion programs so our children will not know that our children must be safe in tial, scientifically sound studies on sil- result in violence to settle their prob- icone breast implants. To date, there their schools, their neighborhoods, and lems. their homes. have been no National Institutes of Increased gun safety measures will f Health, NIH, clinical studies of mastec- save the lives of thousands of young IOM REPORT ON SILICONE BREAST tomy patients who have had implants. people every year. Regardless of our IMPLANTS With the level of attention and con- political agendas, we have to put our troversy on this issue, supporters of The SPEAKER pro tempore. Under a H.R. 1323 believe leadership from NIH is children first. previous order of the House, the gen- Fortunately, last week good sense critically important. tleman from Texas (Mr. GREEN) is rec- Our legislation would also require prevailed and the legislation that ognized for 5 minutes. the FDA to strengthen informed con- would not close the gaping loopholes in Mr. GREEN of Texas. Mr. Speaker, sent procedures in clinical trials and our gun laws and would not make our yesterday, the Institute of Medicine re- institute better follow-up mechanisms children any safer failed. Mr. Speaker, leased its report on silicone breast im- for consumer complaints. Because the now we have another opportunity, an plant research. It evaluated past stud- FDA has never approved silicone breast opportunity to consider meaningful ies on the association between silicone implants for the market, it is crucial anti-violence legislation, rather than implants and diseases as well as consid- that women and their doctors have ac- legislation that sounds helpful but ering the frequency of complications cess to accurate information con- rings hollow. We need commonsense including rupture, the need for addi- cerning the possible risks. anti-violence legislation, and we need tional surgeries, and problems with Finally, the Institute of Medicine, to now. contraction. the IOM, recommends additional re- In fact, Mr. Speaker, some of the Perhaps the Institute of Medicine’s search to determine safe levels of sili- most effective programs that we should most important directive was to rec- cone in the human body. Everyone has and could be considering would begin ommend areas of future research con- some level of silicone in their body. at the preschool level. We know that cerning silicone breast implants. However, there has never been any re- the early years of a child’s life are piv- The IOM, the Institute of Medicine, search to establish a safe level of sili- otal in determining their personality, report points to the undeniable need cone. How can scientists be expected to determining their values and their con- for additional scientific research on determine whether silicone is causing science. So we must stop Band-Aid ap- the long-term outcomes and local com- diseases if we do not know what is the proaches that put guns in the hands of plications of silicone breast implants. safe level? youth and put criminals behind bars In fact, the report states these com- Mr. Speaker, I urge my colleagues to after the fact. plications occur frequently enough to look at H.R. 1323. Instead, we must do some real be a cause for concern and to justify f crimefighting at the source through ef- the conclusion that they are the pri- fective prevention programs. In other mary safety issue with silicone breast JUVENILE DIABETES words, let us not do what we have been implants. The SPEAKER pro tempore. Under a doing with the staggering amount of Although the rate of implant rupture previous order of the House, the gen- money and a staggering lack of suc- and silicone leakage has not been de- tleman from North Carolina (Mr. cess. Let us not lock up people behind finitively established, a recent analysis ETHERIDGE) is recognized for 5 minutes. bars, never mind where they bought of implant failure conducted by the Mr. ETHERIDGE. Mr. Speaker, I rise their gun. University of Florida found silicone this evening to call to the attention of

VerDate jul 14 2003 14:20 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00056 Fmt 0688 Sfmt 0634 E:\BR99\H22JN9.001 H22JN9 13872 CONGRESSIONAL RECORD—HOUSE June 22, 1999 my colleagues and the House to the ur- Substandard learning environments talk about illegal narcotics and its im- gent problem of juvenile diabetes. are unacceptable. We want higher pact upon our society and the responsi- Today, I was visited in my office by standards for our children in academics bility we have as a Congress to deal one of my 9-year-old constituents, and places for our teachers to teach. with probably the most important Ruth Hendren of Raleigh, North Caro- If we are to succeed in the next gen- pressing social issue. lina. eration and the new millennium, our It is interesting to sit here and listen Ruth came to Washington with the children must have world-class edu- to some of my colleagues, not the last Juvenile Diabetes Foundation to lobby cation; and to have that, we must have two speakers, but previous speakers Congress to provide needed funds for quality facilities. who talked about the focus of the ten- diabetes research. In my district alone, we have places sion of this Congress during the last We in Congress are used to being lob- that have grown almost a third since week and last several weeks since Col- bied all of the time by high-priced 1990. Wake County, our capital county, umbine. hired guns and other big-time lobbyists will add about 3,500 to 4,500 new stu- The latest solution is, I guess, to con- who represent any number of special dents to enrollment rolls every year. trol gun show sales and then also put- interests in this body. That is 3,500 to 4,500 students every ting child safety locks on guns, both But when one looks into the eyes of year. remedies that may solve some a child, whose daily battle with this The crisis is getting worse. What incidences and crime and the use of terrible disease is truly the embodi- kind of example do we set for our chil- firearms. But it is amazing how the ment of bravery, one cannot help but dren when we neglect their schools? people who really, I think, got us into be moved. Over the next 10 years, more than 1.5 this situation we are into, with some of Diabetes is a chronic, debilitating million more public school children the disrespect for the law, some of the disease that affects every organ sys- will show up at the schoolhouse door. lack of law and order, some of the lack tem, every age group, both genders, In North Carolina alone, our high of discipline in our schools, the liberal and all ethnic minorities. schools are projected to grow by 21.4 court decisions and appointments that Sixteen million people suffer from di- percent over the next 10 years; and that have gotten us into this situation abetes. Eight hundred thousand Ameri- will be third in growth in the United where young people do not know right cans and children will be diagnosed States. this year alone. Victims of diabetes, of I have introduced a school bill, from wrong and where anything goes in juvenile diabetes, must endure as many School Construction Act, that will pro- our society, they come up with solu- as six injections of insulin a day and vide $7.2 billion in school construction tions that address a tiny part of the eight finger-prick blood glucose tests bonds across the United States for our problem. They will go to the heart and soul of every day. It would be tough for an fastest growing school districts. adult to do that, but it is especially I am working with the gentleman this subject, the child or the young tough to see a child. from New York (Mr. RANGEL) and the person that is committing that crime. We in Congress need to do what is administration, and I will work with It is interesting. right on behalf of the victims of juve- anyone else who wants to work to There were 10,000 murders by guns nile diabetes in every congressional make sure that we have school funds last year in this country, and there district in the country. for our children. should not be one murder in this Na- Diabetes is a disease in search of a Our legislation uses Federal re- tion by a gun or a knife or an explosive cure, a problem in search of a solution. sources to leverage more local financ- or through any other mayhem. Medical research has brought us close ing for schools. This does not take But, again, the liberal side likes to to the cure of diabetes. place with local money. It leverages it. look at these issues and address a little I call on my colleagues to step up to Local systems get to make the deci- bit of the symptoms and not really ad- the plate and support increased funding sions. We will only provide the avenue dress the root problems. for the National Institute of Health for to do it. Taxpayers get more bang for One of the problems that I contin- diabetes research. their buck, and young people get good ually come to the floor and talk about On behalf of Ruth and all of Amer- education environments, exactly the is the problem of illegal narcotics. Cer- ica’s victims of diabetes and their fam- kind of assistance that local schools tainly if we looked at the root of vio- ilies, I trust that Congress will do it need. lence in this country and crime in this this year. The Etheridge School Construction country, there is a direct correlation EDUCATION AND SCHOOL CONSTRUCTION Act now enjoys more than 88 cospon- between crime and illegal narcotics Mr. Speaker, while I am talking on sors in the House and many members use. this issue of education and funding, it of the New Democratic Coalition. I in- Probably a vast majority of the mur- is important that I cover an issue that vite others of my colleagues to join me. ders committed in the United States is also very important for this Con- My bill has been endorsed by the Na- were drug related or the individual in- gress to deal with, and that is school tional Education Association, by the volved was involved in some type of construction. It is an urgent problem Chief State School Offices, and many substance abuse. While there were all across this country. other organizations who realize that 10,000 murdered by guns in this coun- I want to thank my colleagues in the we must act and we must act now. try, there were 14,000 who died from the New Democratic Coalition for their I join my colleagues in calling for the direct cause of drug-related deaths. leadership and help in this issue of congressional leadership in this House That does not get much attention. It is school construction. to bring up school construction now so unfortunate that, again, we just ad- As a former State superintendent of that we can act on it and we can have dress some of the symptoms, we do not schools in North Carolina, I have been the resources next year. address the root problems. working to help pass a school construc- f b 1930 tion bill since I arrived in this Con- gress in 1997. IMPACT OF ILLEGAL NARCOTICS I am here again tonight to talk about The statistics tell the tale. Today, ON OUR SOCIETY a problem that we have in our commu- there are nearly 53 million students in The SPEAKER pro tempore. Under nities. As I said before in the House, we schools in America, more than at any the Speaker’s announced policy of Jan- have a Columbine in our Nation every time in our Nation’s history. Schools uary 6, 1999, the gentleman from Flor- single day times three with the number are busting at the seams. ida (Mr. MICA) is recognized for 60 min- of young people that are dying of drug- Children find themselves in trailers, utes as the designee of the majority related deaths. I am not talking totally gyms, closets, bathrooms, and other leader. about the number of suicides, the num- make-shift classrooms and gyms and Mr. MICA. Mr. Speaker, it is Tuesday ber of automobile accidents, the other on stages. night, and again I rush to the floor to unreported deaths, but more than 14,000

VerDate jul 14 2003 14:20 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00057 Fmt 0688 Sfmt 0634 E:\BR99\H22JN9.002 H22JN9 June 22, 1999 CONGRESSIONAL RECORD—HOUSE 13873 drug-related deaths in the United Pros and Cons of Drug Legalization, Jim McDonough testified before us States that we can trace to this very Decriminalization and Harm Reduc- on his viewpoint, and he has a great serious problem in our Nation. tion. deal of experience over the years not It is interesting, too, that the statis- That title was chosen to get people only at the national level, but dealing tics show that some of the young peo- to think and also to have people with this drug issue. And he said, and ple involved in violence in our schools present before our committee the pros let me quote, ‘‘Legalizing drugs is a no- and communities, and also involved and cons of legalization, because many tion to which I am steadfastly opposed. with weapons, whether they be guns or folks across the land are saying, again, I came to this position after years of explosives, also have a drug or sub- let these folks out of jail, they are observation and study of the nature of stance abuse problem. This one study I there for possession for some minor drug addiction and its horrific con- will quote, by the Parent Resources crime. sequences for the addicted, their fami- and Information on Drugs, called Our hearing was very interesting this lies and society. The immense costs PRID, reported that of high school stu- past week in that we debunked a num- that drug addiction extract on our Na- dents who had carried guns to school, ber of the myths relating to those peo- tion were driven home to me during my 31 percent used cocaine compared to 2 ple who are in prison for a crime. We tenure as Director of Drug Strategy for percent of students who had never car- found, in fact, that they are not there the White House Office of National ried guns to school. The same relation- for simple possession. Several studies Drug Control Policy. My recent experi- ship was found among students in jun- were reported and are part of that CON- ence as the Director of Florida’s Office ior high school in the study. The num- GRESSIONAL RECORD, but one study that of Drug Control have only served to re- ber of gang members, and again we are I thought was most interesting, and I inforce my beliefs on the subject.’’ just zeroing in on one substance, co- pointed this out before, was one con- So we had a number of people testi- caine, who reported using cocaine upon ducted in the State of New York that fying that, again, drug legalization their arrest was 19 percent. was just completed. It is a study just does not make much sense, and, in Again, if we start tracing illegal nar- out from the State Commissioner of fact, the liberalization policies do not cotics and substance abuse to our Criminal Justice which tells a different work. And I want to talk about those young people, we start looking at the story about who is in prison and incar- liberalization policies in just a moment root problem. cerated there on drug-related offenses. and give some very specific examples Now, we have in our Nation, across In 1996, 87 percent of the 22,000 people which we had in the hearing and I have the land in jails and prisons and peni- in jail in New York for drug crimes talked about before. tentiaries and holding facilities nearly were in for selling drugs or intent to But, again, we had a wide variety of 2 million, 1.8 million, Americans. It is sell. Of the 13 percent doing time for testimony. I was quite shocked at the estimated in the hearings that we have possession, 76 percent were arrested for testimony of a representative of Cato conducted both here in Washington and selling drugs or intending to sell. And, Institute, a fairly well-respected think field hearings that we have conducted actually, some of the final sentences tank here in Washington. The execu- in our Subcommittee on Criminal Jus- were pleaded down, as they say, to pos- tive vice president of Cato testified be- tice, Drug Policy and Human Re- session. So they were not actually pos- fore our subcommittee that he felt it sources of the Committee on Govern- session. was time to legalize heroin and cocaine So here we have a recent study from ment Reform, that, in fact, somewhere and basically market it like tobacco the State of New York that debunks in the neighborhood of 70 percent of the and alcohol and other regulated prod- the theory that people in our jails are people behind bars, incarcerated in our ucts that we have today. Again, there for possession of small amounts prisons and jails, are there because of though, the bulk of testimony disputed of so-called harmless narcotics. drug-related offenses. This is a star- what Mr. Boaz commented in our hear- It is interesting that the question tling statistic. ing, and actually the facts just refuted And, in fact, what is even more star- also comes before our subcommittee what he was promoting. tling is the more prisoners who are and before the Congress about the tested who come into our prisons for il- tough laws. Are tough laws effective, It is important that we just look at a legal narcotics, we find the percentage and do tough laws have any effect on couple of facts that were brought out is increasing every year of drug offend- these people who are involved with ille- in the hearing. First of all, it is impor- ers coming into the system. In fact, gal narcotics? A Dr. Mitchell Rosen- tant to note that drugs are harmful, even those who are selling drugs are thal, head of Phoenix House, a national and not because they are illegal. They hooked on drugs. Eighty-one percent of drug treatment center based in Man- are illegal and have been made illegal the individuals selling drugs tested hattan, said these tough drug laws because they are harmful, and we had positive at the time of the arrest, in- have diverted lots of people into treat- scientific evidence that supported that cluding 56 percent for cocaine and 13 ment who would not have otherwise fact; in fact, a bibliography that would percent of them for heroin. gone into treatment. probably fill the entire CONGRESSIONAL Again, if we look behind the gun, if So, again, some of the people who RECORD, this edition anyway, of those we look behind the crime, we see a very deal with people who are in prisons, who have looked at these illegal nar- serious problem, and that is the prob- people who are involved in illegal narcotics and have shown us exactly what lem of illegal narcotics. cotics and the treatment for that, they happens to the body and the mind. Now, some would say, why do we not provided testimony to our committee What was particularly interesting is just let these people out; they are com- that debunks some of the myths about some of the scientists produced X-rays mitting harmless crimes, and they who is in prison and why they are of the brain, images of the brain, which should not be incarcerated. We also there. showed the effect of methamphetamine hear people say, well, most of the peo- It was interesting to also have in our on the brain and how the pattern of ple in jail are there because of posses- panel of witnesses the new Florida abuse begins to model some of the seri- sion, maybe of marijuana or small State drug czar, Mr. Jim McDonough. ous diseases that we see in brain scans amounts of some illegal substance. As He was formerly the Deputy Director that are done with people who have chair of the Subcommittee on Criminal of the National Office of Drug Control Parkinson’s or Alzheimer’s or other Justice, Drug Policy and Human Re- Policy, and has now been appointed by diseases of the brain. So these types of sources, we were able to convene, and I Governor Bush, Governor Jeb Bush, I disabilities and diseases can be induced chaired last week, probably one of the do not want to mix him up with the by illegal narcotics. first hearings of its type in some years man who is going to be President. In We have made drugs illegal because in the Congress. I am not sure even if fact, Jeb Bush, our new Governor, cre- they are harmful. Increasing the avail- there had been a previous hearing on ated a czar’s office and appointed Jim ability of drugs through legalization the subject. But it was entitled the McDonough to head that position. would dramatically increase the harm

VerDate jul 14 2003 14:20 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00058 Fmt 0688 Sfmt 0634 E:\BR99\H22JN9.002 H22JN9 13874 CONGRESSIONAL RECORD—HOUSE June 22, 1999 to all of our citizens. One of the prob- proportionate increase in drug use such as cocaine and heroin remain ille- lems that we would have with legaliza- among our young people. Youth drug gal. tion is, the main targets and the main use, as I have said, has dramatically in- When the Dutch coffee shops started problem that we have today, is our creased. And our youth drug use is also selling marijuana in small quantities, young people. If we look at the statis- driven by additives. When young people the use of the drug more than doubled tics, the statistics are just mind-bog- perceive drugs as risky and socially un- between 1984, when they began this, gling as far as use of illegal narcotics acceptable, our youth drug use drops. and 1996; and this is particularly among our young people. It has leveled We saw that in the Reagan and Bush among the young people, 18- to 25-year- off some in the adult population. But, administration. We had a President, a olds. for example, the teenage use of heroin First Lady, and others who provided In 1997, there was a 25-percent in- in the last 6 or 7 years has soared 875 leadership and they started campaigns crease in the number of registered can- percent in our teenage population. So to ‘‘just say no.’’ They started really nabis addicts receiving treatment, as no one would be harmed more than an anti-narcotics effort, a real war on compared to a mere three percent rise those that we are trying to protect, drugs. And that message really got in the cases of alcohol use. This is in- and that is our young people. through. Because drug use went down, teresting because it shows where they And the question was raised in our down, down. Only since 1993, with this have a liberalization and legalization, hearing and has been raised, too, in the President and this administration, they have increased addiction. Congress about the public’s feeling on have we seen a reversal in that trend. During this period, the Netherlands this subject. A 1998 poll of voters con- Legalization would send a strong has also experienced a serious problem ducted by the Family Research Council message that taking drugs is safe and with other substances of abuse, in par- found that 8 of 10 respondents rejected socially accepted behavior that should ticular heroin and other synthetic legalization of drugs like cocaine and be tolerated among peers, and this drugs, which remain illegal. The num- heroin. So certainly the testimony pro- would also go for children again who ber of heroin addicts in Holland almost vided by Mr. Boaz, or Cato, for legal- are most impressionable and do the tripled since the liberalization of drug izing these is opposed by a most recent most harm again among our young policies was instituted. Again, it shows that this liberal pol- poll, which states, and these numbers population. Such a normalization icy, when they liberalize with illegal are provided by the Family Research would play a major role in softening narcotics, they pay for it on the other Council, that 80 percent of Americans our youth attitudes, and ultimately I end. In most cases, crime does not dra- oppose legalization, and 7 out of the 10 think we would see an even greater in- matically drop off but what, in fact, are in very strong opposition. A 1999 crease in drug use among our young happens is they create a whole new Gallup poll found that 69 percent of people. Americans oppose the legalization of population of addicts. By increasing the rates of drug Let me just show my colleagues, and marijuana. abuse, legalization would exact a tre- One of the items that our hearing fo- we have used this chart before, but this mendous cost on our society. This is is one of the most telling charts. We cused on, and one of the reasons for the another fact that was pointed out in hearing, was that we have lost some of brought it in the hearing and I dis- our hearings. In fact, if drugs were le- played it again in the hearing. This the battles in some of the States galized, the United States would see a around the country on the question of shows Baltimore. In Baltimore, in 1950, significant increase in the number of the population was over 900,000. In 1996, legalization of marijuana for medical drug users, the number of addicts, and purposes. I plan to conduct additional it was 675,000. In 1950, they had 300 her- the number of people dying from drug- oin addicts. And these statistics were in-depth hearings on that subject, but related causes. And I will have a little it is interesting, and we sort of given to me by our Drug Enforcement bit more to point out on a couple of scratched the surface in our hearings Agency. studies that were done in just a mo- about what has been going on, about In 1996, as I said, the population ment that confirm that. the tens of millions of dollars that dropped some 300,000. Although the While many of these costs would fall City of Baltimore, which had a liberal have been coming in to promote this first and foremost on the drug user, legalization. policy and liberal leadership, had its countless others would also suffer if Both our national drug czar, Barry heroin addict population rise to 38,985. drugs were legalized. Contrary to what McCaffrey, and others testified that Now, this is the statistic we had for they felt that the efforts to get a foot- the liberal thought folks and legalizers 1996. In fact, I am told that the figure hold on the legalization of what are il- would have us believe, drug use is not is closer to 50,000. It is almost really legal drugs today is being done through indeed a victimless crime. Legalizers one per 10 in Baltimore. this highly-financed campaign to legal- will claim the fact that alcohol and to- So not only the Dutch model which ize marijuana for medical use. We will bacco, both legal substances for adults, we just cited but also the Baltimore look, as I said, further at that ques- cause so much harm to society that we model shows us that, as we liberalize, tion. But this poll says that 69 percent should look at drugs and let drugs fol- we end up, in fact, with this incredible of Americans even oppose the legaliza- low in their pattern. population of addicts. tion of marijuana. According to their logic, we cannot Now, and I used this in the hearing, if Proponents argue that legalization is get too much of a bad thing. That anal- this model was continued in the United a cure-all for our Nation’s drug prob- ogy is false. Law enforcement experts States and we legalized heroin, for ex- lem. However, the facts that were and prison statistics indicate that drug ample, we could have in the neighbor- brought out in our hearing show that use is directly or indirectly related to hood of about 25 million heroin addicts legalization is not a panacea. In fact, 60 to 80 percent of the crime in the in the United States. So it shows the statistics and facts that were United States. And then, of course, again, whether it is the Dutch model or brought forth show that legalization they always point to different models. the Baltimore model, that this does and liberalization, in fact, becomes a We talk about European models of not work. poison. Legalization would dramati- Switzerland; and, of course, the most Now, we do pay a big price for all of cally expand America’s drug depend- well-known is the Dutch model. the use that these illegal narcotics and ence, significantly increasing societal The Dutch adopted a soft approach to abuse of illegal narcotics. I try to cite costs of drug abuse, and put countless some drugs. And while they have every week some of the latest findings more people’s lives at risk, and, again, adopted a softer approach, they have or some of the latest news. I come from particularly our young people. not legalized drugs. Under the Dutch the State of Florida. I represent East system, possession and small sales of Central Florida. Florida has been b 1945 marijuana have been decriminalized. plagued by the toll of illegal narcotics. The legalization of drugs in the However, marijuana production and This headline was in one of the local United States would lead to a dis- larger sales remain criminal. Drugs papers just within the last few weeks.

VerDate jul 14 2003 14:20 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00059 Fmt 0688 Sfmt 0634 E:\BR99\H22JN9.002 H22JN9 June 22, 1999 CONGRESSIONAL RECORD—HOUSE 13875 It says, ‘‘Illegal Drug Use Toll Soars.’’ timated around 110 pounds of cash has We see smaller amounts, 5 percent ‘‘Drug abuse is the main force in driv- to be laundered. Incredible figures in from Southeast Asia and Southwest ing up hospital charges,’’ the study in- this drug war. That is in Florida. Asia is 6 percent. If we added Mexico dicates. The hospital tab just indicated Fairly recently a Texas publication, in, we are looking at 89 percent of the in this study was $137.5 million in the ‘‘The Texas Monthly,’’ published a riv- heroin coming from Mexico, in South State of Florida. eting story on ‘‘Teenage Wasteland’’ it America. Let me read a little bit about what is called, and that cited the death and The Clinton administration had a took place and what this study re- destruction that drugs have brought to very specific policy of not providing as- vealed. ‘‘A new State study,’’ and again Plano, Texas. sistance, arms, helicopters, resources this is in the State of Florida, I will just quote a little bit of that in any way to Colombia. That is how Details the high cost of drug abuse to our article. It says, ‘‘Now heroin has hit Colombia got to be the number one Floridian hospitals and also to the Florida the city hard. There have been 15 fatal producer of cocaine in the past 6 years. taxpayers. The hospital costs for medical heroin overdoses in the past 2 years, It was not even on the chart 6 years conditions, including poisoning, overdoses, nine of them teenagers, all but one ago. The number one producer of her- and heart attacks triggered by drug abuse in younger than 23. They came from good oin in the last 6 years. There was al- the State, reached about $137.5 million in most zero heroin or opium poppy grown 1997, with cocaine and narcotics ranking as homes, and they had bright futures.’’ the most destructive. Those costs covered And it goes on to details. Another in Colombia 6 years ago. Again, the di- just the hospital charges and do not include story of another community. rect result of this administration’s pol- doctors’ time and other services and other It is not just Florida our hearings icy was to have that country now be- things, such as outpatient care and other have indicated. It is Texas, Minnesota, come the major producer. That heroin problems a patient might incur as a result of Iowa, California, the list goes on and and cocaine are transiting not only di- drug abuse. In its first drug hospitalization on, of areas where we have had incred- rectly from Colombia but 60 to 70 per- cost study, completed in May, the Agency ible problems from the impact of ille- cent of the hard drugs coming into the for Health Care Administration said a total United States are transiting through of 39,764 cases with drug abuse diagnosis was gal narcotics. reported by Floridian hospitals in 1997, the I cited a little bit earlier the Balti- Mexico. That includes cocaine, heroin most recent year of statistics that are avail- more model and the Dutch model, and methamphetamines. Mexico has able. which were brought up in our hearings the distinction of being our number It is interesting also about this arti- and provided as evidence in our hear- one producer of methamphetamines, cle, and it is a rather lengthy article ings relating to legalization. We do but it also accounts for 60 to 70 percent and I am only citing part of it here, is know, however, that in fact top poli- of all the hard drugs coming into the that most of those affected in these cies relating to illegal narcotics do United States and probably even a big- cases, in fact, 59 percent of those who work. There is no more telling evi- ger percentage of marijuana. are hospitalized and incurred this cost dence than the evidence that is sup- For that reason, I intend to focus at- were between age 15 and 39, the young- plied by DEA on the deaths in New tention tonight, tomorrow and in the est part of our population again the York City. These are the decreases in future on the problems we have had victims of illegal narcotics. the murder rate in New York City. with Mexico, because in spite of the Additionally, I like to update my col- If we look back to the early part of United States providing incredible leagues on different articles about this decade, they were averaging over trade benefits, financial support to what drug abuse and illegal drug traf- 2,000 deaths in New York City accord- Mexico, Mexico has snubbed its nose at ficking is doing. Earlier this year, ing to this report again by DEA. the United States. They have gotten away with allowing this President, this ‘‘Florida Trend’’ produced their publi- b 2000 cation with a cover ‘‘High Times Spe- administration, to certify Mexico as cial Report, Florida’s Billion-Dollar The tough policies of the mayor, a fully cooperating, and this administra- Drug Business,’’ another indication of former prosecutor, Rudy Giuliani, have tion, this President, have really made a the impact of illegal narcotics and drug brought the latest tally of murders sham of the certification process, be- trafficking in my State. down to 629, a 70 percent decrease in cause Congress passed a law back in This article said, ‘‘High Times,’’ that murders in that city. It just shows 1986 that said the President must cer- is the title, ‘‘The illegal drug industry again that tough enforcement policy tify annually whether a country is has become a fixture in Florida’s econ- does in fact work and is effective in re- fully cooperating with the United omy and nearly as corporate as Micro- ducing murders, drug abuse and drug- States in order to get foreign aid, trade soft.’’ related crimes. There is no question and financial benefits. That is the law Let me just read a little bit. ‘‘Central about it. The statistics speak for them- of the land. Now, they have certified Florida has become a major distribu- selves. Mexico as fully cooperating, in spite of tion hub and tested market for What I would also like to do tonight, the fact that Mexico, after repeated re- methamphetamines and especially for in addition to talking about the hear- quests, have not extradited to date one heroin, which killed more Central Flo- ing that we held last week, is talk Mexican national who is a major drug ridians last year than homicide.’’ about a hearing that we are going to trafficker. I have carried to the floor one of our hold tomorrow, and that is a hearing Tomorrow, our hearing will focus pri- headlines that said just recently that on extradition, and it relates to Mex- marily on the question of Mexico be- more people, particularly our young ico. As I have pointed out before, we coming a haven for murderers and drug people in Central Florida, have died as know where the drugs are coming from. traffickers. According to testimony be- a result of drug-related deaths than Let me pull up another chart here. fore our subcommittee by the Depart- homicide. This chart shows where heroin is comment of Justice recently, as of last This study also has some information ing into the United States, its origin. month, there are currently about 275 by University of Miami Business Pro- Seventy-five percent of the heroin outstanding requests for extradition of fessor Robert Gross, who estimates comes from South America. This is a Mexican nationals. About 47 of these that cocaine traffickers in Florida, in- dramatic change over a few years ago, individuals are in custody in Mexico. cluding wholesalers and low-level deal- mostly brought about as a result of the Unfortunately, many of these individ- ers, earn in the neighborhood of $5.4 Clinton policies to stop drug interdic- uals, including the individual we are billion in this illegal trade. And the ar- tion, to stop the crop eradication pro- talking about tomorrow in our hearing, ticle goes on and on, in fact it is quite grams, to take the military out of the who was convicted of a brutal slaying lengthy, telling about the impact of il- war on drugs; to basically close down in southwest Florida of the mother, I legal narcotics, the effort to dispose of the war on drugs, that decision was believe, of six children, who fled this some of the income, which is all in made. We now see South America as country and is charged with murder cash. For every million dollars, it is es- the source of 75 percent of the heroin. and we have had an extradition request

VerDate jul 14 2003 14:20 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00060 Fmt 0688 Sfmt 0634 E:\BR99\H22JN9.002 H22JN9 13876 CONGRESSIONAL RECORD—HOUSE June 22, 1999 for nearly 2 years, Mexico has ignored for his capture. We would like him ex- Jesus Amezcua-Contreras those requests, for 275 outstanding extradited. We would like him to see jus- Arturo Paez-Martinez tradition requests and the Del Toro re- tice in the United States of America. Jaime Ladino-Avila quest. The Del Toro request again is Let me also bring up two more sus- Jose Gerardo Alvarez-Vasquez Luis Amezcua-Contreras the focus of our hearing tomorrow, a pects we will talk about a little bit to- heinous crime, and after repeated re- morrow and tonight. In fact, we have a Mr. Speaker, again we will continue quests this administration still has not family routine here. We have Luis and to bring to the Congress, to the House extradited that individual. Tomorrow Jesus Amezcua. We have two brothers of Representatives, the problem that we hope to find out more of the details and a third here. The Amezcua broth- we face with illegal narcotics, the prob- surrounding this case and put addi- ers, there are three of them, are the lem that we face in dealing with coun- tional pressure on Mexico to act. chiefs of one of the world’s largest tries like Mexico where we have 60 to Unfortunately, what we have found methamphetamine trafficking organi- 70 percent of the hard drugs trafficking in just our hearings to date is that the zations. Recently, despite over- through that country into the United system of justice in Mexico is nearly whelming evidence, all Mexican drug States, now becoming a source country completely broken, that bribes are paid charges have been dismissed. These of production and a country that has to judges and to prosecutors, that the drug dealers, and again the major iden- failed miserably in cooperating with system of justice is corrupt and subject tified methamphetamine dealers who extraditing both murderers and major to corruption and that many of these are bringing that death and destruc- drug traffickers to the United States. individuals who we are seeking extra- tion into the United States have had We hope additionally to get assistance dition of back to the United States to their drug charges dismissed in Mexico. from Mexico in signing a maritime face justice which they fear, these indi- The Amezcuas, I believe two of them, agreement which we have requested for viduals are gaming the system in Mex- are being held in custody on extra- 2 years and they have ignored. We hope ico. Now, Mr. Del Toro, who is wanted dition orders from the United States to get assistance from the Mexicans to on a charge again of this heinous mur- but to date have not been extradited. aid our DEA agents to defend them- der in southwest Florida, is not a Mexi- Again the Mexican court, making a selves while in Mexican territory, and can national, he is a United States cit- joke of justice even in their own coun- there are just a handful of these brave izen. He was born in the United States. try, have dropped charges against DEA agents in that country. We hope, His parents were born in the United them. Another major methamphet- and we have some reports that Mexico States. And he fled to Mexico and has amine kingpin, their younger brother, is beginning to install radar in the used Mexico as a cover and again the Adam, was released from prison in south, and we hope to hold their feet to corrupt Mexican judicial system to May. A Mexican appellate judge threw the fire because the drugs coming up avoid prosecution, to avoid coming to out trafficking and other charges from Colombia and South America the United States through extradition. against him. So we are also looking for transit through the south of Mexico. We will find out why he and others the Amezcua brothers. I will say since Finally, we want to seek the coopera- have not been extradited. we began our harangue against Mexico tion of Mexico in enforcing laws that In the area of narcotics violation, this year and pressure that we have they have passed dealing with illegal Mexican narcotics trafficking organi- brought and also legislation that has narcotics trafficking which they have zations facilitate the movement of be- been introduced by myself, the gen- really thumbed their nose at, including tween 50 and 60 percent of the almost tleman from Florida (Mr. MCCOLLUM), Operation Casa Blanca, a U.S. Customs 300 metric tons of cocaine consumed in the gentleman from New York (Mr. operation where last year our Customs the United States annually. Mexico is GILMAN) and others that we are going investigators uncovered a plot to laun- now the source, as we saw from the to go after the assets of these major der hundreds of millions of dollars chart, of 14 percent of the heroin seized drug kingpins and other assets of some through banks and arrested individ- by law enforcement in this country. of those organizations that are related uals, indicted individuals, and Mexican Just a few years ago, it was not even to these drug traffickers. officials knew about it and even so on the charts. Now they are becoming We have succeeded just in the last 2 Mexico when these indictments and ar- a major producer. And Mexico also weeks in getting the extradition of rests were made threatened to arrest takes the leading role and wins the William Brian Martin. He was turned United States Customs officials and Emmy award for being the chief smug- over, I believe, recently at the border. other U.S. law enforcement officers. So gler of methamphetamine and the base He was wanted on a whole bunch of rather than cooperate fully as the law ingredient for methamphetamine, as charges. This individual is an Amer- requires for certification, they have ac- well as marijuana. ican national. Again we have waited tually thumbed their nose at the What again is a slap in the face to since 1993 for that extradition. United States. It is my hope through tomorrow’s the United States Congress who re- b 2015 quested over 2 years in a resolution hearing that we can bring a murderer passed on this floor the extradition of to justice in the United States and that So, Mr. Speaker, with those com- major drug traffickers, to date not one we can shed light on how he has es- ments tonight, tomorrow we will hear major drug trafficker has been extra- caped justice and how he has used the more about Mexico and how it has be- dited. Mexican judicial system to avoid ex- come a haven for murderers and for Let me just point out a few of those tradition. We still have over 40 major drug traffickers, and we will return to suspects who were most wanted and for Mexican drug traffickers. the floor with additional information whom we have asked for extradition. Mr. Speaker, I ask to include in the both to the Congress and the American These will be a few of our most popular RECORD a list of all of the major drug people on the biggest social problem individuals tonight. traffickers with outstanding extra- facing our Nation and the root problem This is Rafael Caro-Quintero. Mr. dition requests. to many of the crimes, the murders, Caro-Quintero is a Mexican national The list is as follows: the gun offenses that we see in this Na- and a U.S. fugitive. He is incarcerated MAJOR MEXICAN DRUG TRAFFICKERS WITH tion. That is the problem of illegal nar- in Mexico on drug charges and the U.S. OUTSTANDING EXTRADITION REQUESTS cotics. (SOURCE: DEA) has asked that he be extradited. He has f 22 pending U.S. criminal charges Agustin Vasquez-Mendoza against him. His organization was re- Ramon Arrellano-Felix EVENTS IN THE BALKANS Rafael Caro-Quintero sponsible for sending tons of drugs into Vincente Carrillio-Fuentes The SPEAKER pro tempore. Under the United States. If anyone can de- Miguel Angel Martinez-Martinez the Speaker’s announced policy of Jan- liver him to the United States, I think Antonio Reynoso-Gonzalez uary 6, 1999, the gentleman from Wis- there is a multi-million-dollar award Mario Antonio Hernandez-Acosta consin (Mr. KIND) is recognized for 60

VerDate jul 14 2003 14:20 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00061 Fmt 0688 Sfmt 0634 E:\BR99\H22JN9.002 H22JN9 June 22, 1999 CONGRESSIONAL RECORD—HOUSE 13877 minutes as the designee of the major- Finally, a chance to get into the ref- verely criticized in the press, letters to ity leader. ugee camps, meet with the Kosovar ref- the editor, people on the street who Mr. KIND. Mr. Speaker, before I get ugees, families, hear from them first- come up to me who vehemently dis- into tonight’s discussion, I want to hand what terror and horror they had agree with my support for the NATO first compliment my good friend from just been put through in Kosovo, the campaign and my belief that it was in Florida (Mr. MICA) for his weekly re- fortunate ones that were able to suc- the United States’ interests to be in- minder to this body and to the Nation cessfully leave the country. volved on the European continent about the evils of drugs and the drug It was a fascinating trip, it was in- again. war and the challenges that we still credibly emotional and very moving But hopefully what we have today is face as a Nation. listening to the firsthand accounts of the dawn of the new era of peace, a As a former prosecutor in western the innocent civilians who were forced lasting peace in the region, a peace Wisconsin and special prosecutor in the out of the country and what had just that is going to finally see the removal State of Wisconsin, I saw up front and taken place inside their villages and of Slobodan Milosevic from power in close and personal the evil effects that cities. Serbia, a peace that will see real demo- drugs have, not only in our society, but All of them had their own horror cratic reform take place within the with individuals and the families and story to tell. Each of them explained in Balkan countries and a peace that will the communities in which the problem their own terms the terror that they see the eventual inclusion of these Bal- persists. And I look forward to working had just survived. I did not encounter kan nations into the community of na- in the coming weeks and for the rest of one person in those refugee camps, Mr. tions in Europe as full-fledged partners this session with my friend from Flor- Speaker, who was not affected by the in the European Union and perhaps ida to develop a comprehensive and loss of a loved one, either someone who even some day members of the NATO commonsense policy in order to tackle they had personally witnessed executed alliance itself. this scourge in American society. But I before their very eyes or who had fled, Is this an illusion or a pipe dream? I do compliment him for all the wonder- many of them up into the mountains to really do not think so. But I think first ful work that he has done in committee avoid the Serb forces. and foremost the credit really does be- and for this body for the sake of the And you cannot help but go to a re- long to those young men and women in Nation. gion and experience what I think we American uniform who are being asked Mr. Speaker, what I like to do right did as a delegation and not be moved yet again in the 20th century to try to now is kind of change gears a little bit. and profoundly affected by what has restore some peace and stability on a I rise today along with a few other col- taken place in the Balkans. conflict-torn region called the Euro- leagues who I anticipate will be joining But I do believe that was the right pean continent and to try to restore me in a little bit to talk for a while policy for the right reason at the right some humanity to the European con- about the events in the Balkans and, time, the NATO campaign against tinent. more specifically, our involvement in Milosevic. I also believe that credit I think the concern was as the 20th Kosovo. The events have been pro- should go to the 19 democratic nations century entered in very bloody inter- gressing quite rapidly over the last of NATO who stood united and through necine warfare primarily in this region. week and a half or so after Milosevic their perseverance finally prevailed in The beginning of the 20th century that had finally agreed to capitulate. getting Milosevic to capitulate and to we were going to exit the 20th century Now I think now is a good oppor- end the atrocities in Kosovo. under the same type of conditions, and tunity for us to kind of stand back and I think it was a real show of deter- I think today is a day where Americans take a look at the past, present condi- mination and the very credibility of can stand tall and feel proud about the tions in the Balkans area and also the NATO and the U.S. leadership on the role that the United States of America vision of the future in that area, as European continent, and as the leader played in trying to help innocent civil- tenuous as it may be. of NATO was very much on the line. ians to end the atrocities that were There is no question that, thus far, But this policy has been difficult to being committed in Kosovo by things seem to be progressing accord- explain to the folks back home in Wis- Milosevic’s forces and to try to bring ing to plan, knock on wood, but it is consin. I think by and large the people some peace and stability to this con- going to be a very difficult task of im- who I have had the opportunity to talk tinent, a continent that we have paid plementing the peace, of securing it. to about this and to elicit their opin- dearly with our own blood during the Now that we have won the conflict, it ions have felt very conflicted about our first half of the 20th century. is vitally important that we do every- role in the Balkans and with the NATO It was, after all, even though the thing possible not to lose the war, and air campaign. United States was the first half of the that is the next great challenge that They see, as everyone else does in the century pursuing a policy of disengage- we face as a Nation, as the leader of country, the horror image that has ment from Europe of isolationism, it the NATO alliance for the sake of the been reported on TV, and they have was a single shot that rang out on the European continent. heard the stories, the plight of the streets of Sarajevo, the capital of But let us give credit where credit is Kosovar families, the ethnic cleansing Yugoslavia, back in 1914 that provided due tonight, Mr. Speaker, starting with and the atrocities that have taken the spark that led to the blaze that the troops in the area. I had the oppor- place in Kosovo, and I think the nat- eventually engulfed all of Europe and tunity, the privilege really, a few short ural reaction for most Americans is to ultimately drew the United States, re- weeks ago to be a part of a small con- try to do something to prevent that. luctantly albeit, into the First World gressional delegation of 10 other Mem- But on the other hand there was also War at a tremendous cost and sacrifice bers who headed over to the Balkans on the tug, the concern, that this could to our Nation with the loss of young a fact-finding mission. turn into a quagmire. It may be our lives that were spilled on the continent It was really a threefold purpose for next Vietnam in areas so far away that of Europe. going over there. One was to meet with we knew very little about as far as the And then in the shadow of the First military command, the leadership history and the peoples and the origins World War and all of the conditions there, and get an assessment from of the conflicts, the politics of the situ- that were created in trying to form a them. ation, the socioeconomic conditions in lasting peace, we ultimately saw a Sec- Another reason for going was to meet the Balkans, that people also felt con- ond World War just two short decades with the troops in the field, make sure flicted about our active and leadership after the first one on the continent. that everything that they needed in role in this campaign. But again, between the inter-war peri- order to carry out their mission as And so you get a lot of conflicting ods, the United States and the people safely and efficiently as possible was advice, as you can imagine, from folks in this country felt that it was not in being delivered to them. back home. I have been certainly se- our interest to be actively involved in

VerDate jul 14 2003 14:20 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00062 Fmt 0688 Sfmt 0634 E:\BR99\H22JN9.002 H22JN9 13878 CONGRESSIONAL RECORD—HOUSE June 22, 1999 Europe, that we can retreat across the their mission whether it was the tunity to get into that country quickly ocean again, pursue a policy of splendid logistical support base at Ramstein Air and meet the people throughout Yugo- isolationism, hope that the countries Force Base in Germany. And we met slavia, and other students, and get in Europe can settle their differences with the troops there providing assist- their reaction and their impression as themselves and that things would just ance to the campaign or meeting with to whether war was imminent and in- work out on their own, but unfortu- the pilots in Aviano, Italy, the F–15, evitable. nately the efforts of Europe proved the F–16 pilots carrying out the sortie It was striking back then that those otherwise. missions over Kosovo, even spending who I met were not convinced that this In fact, public opinion polling before half a day in Tirana, Albania, with was necessarily and inevitably going to the bombing of Pearl Harbor; yes, they Task Force Hawk, the Apache heli- lead to warfare. In fact, many of them did do some polling back then, too; re- copter task force that was deployed, believed that it would have been cata- vealed that the overwhelming majority and they were ultimately employed in strophic for those different ethnic of Americans felt that the problems on the Kosovo conflict. groups to turn on one another. They the European continent were not our But just meeting with these young were working incredibly hard back problems, that it was something we men and women was truly inspiring, then to make economic progress, to should avoid at all costs, that we had seeing their professionalism, the dedi- have an integrated Yugoslavian area our own issues and concerns to deal cation, the commitment that they ex- that could eventually be included into with within the continental United hibited. No other Nation in the world, the European Union and the rest of the States and that the last thing we want- Mr. Speaker, could have done what the Western European continent for the ed to do was get dragged into the Euro- United States did do in this situation benefits of trade and the economy. And pean conflict again. within a very short period of time, they felt that it was senseless for them And we tried pursuing that policy of being able to deploy a force of that to turn on one another and to begin a splendid isolationism while at the magnitude, deployed even in Albania in conflict and to subject the region to same time FDR was trying to move the a short time period in which it was de- war. But 6 short months after my visit country into the realization that, no, ployed and still dealing with the hu- to the region, sure enough, that is we do have vital interests at stake re- manitarian catastrophe, the likes of when the first fighting broke loose. garding the stability and the peace in which the continent has not seen since I think all too often when we get in- Europe. But it did take the bombing of the Second World War. It was truly an volved in these types of military con- Pearl Harbor on December 7, 1941, to amazing feat that I think America can flicts across the globe, but here in par- arouse this Nation into action and be proud of given our logistical capa- ticular, we tend to focus on the short again draw us into the Second World bilities that do exist on the European term and on the specifics of the imme- War as reluctant participants. continent. diate situation. I think it is helpful And the cost of those two world wars And I just wish all Americans had from time to time to step back and get were tremendous. Over 500,000 young the opportunity that I and the rest of a historical perspective as far as what American lives lost during those two my colleagues who went on that mis- is happening around the countries and conflicts, over a million casualties we sion over to the Balkans to see and to where all of this is leading. I think suffered. And at the end of the Second meet these troops as I did. These are with that historical perspective, we World War we made a policy change in the young men and women who are day have a lot of reason to be optimistic the country, that never again should it and night guarding the fence of free- that we can see a lasting peace in the be viewed in our interests to stand dom, protecting our security and main- Balkans, a peace that will lead to back and to let events go unheeded in taining our interests across the globe. democratic reforms and to economic Europe, that it was in our interests to integration into that region. b 2030 remain engaged and to pursue a policy Let me just go down to the well in of peace and stability and promoting They are the best trained, the best order to illustrate a point of what I am democratic reforms throughout the capable military that the world has trying to get at. It is really a remark- continent. ever seen. I think they proved that in able phenomenon that we have seen That is what gave rise, after all, to the Kosovo conflict. take place across Europe in the last the Marshall Plan. We literally rebuilt But it has been a difficult policy to decade or so. I think the historical Europe and Japan from the ashes of explain and to justify U.S. interests in trends that have been sweeping across conflict from the Second World War, the Balkans. However, I believe it was Europe over the last 10 years are work- and it ultimately gave rise to the the right policy for the right reasons. ing in our favor when it comes to man- NATO alliance that has had U.S. lead- If we are going to learn any lessons aging a lasting peace and an optimistic ership for the past 50 or so years. from the Second World War, it is that vision for the Balkans. And who can argue with the success the United States should not stand idly With that, let me descend into the of NATO? The last 50 years in Europe by when we do have the capability to well. have been some of the most peaceful do something about it and watch the Mr. Speaker, what I put up here a lit- years that the continent has ever expe- innocent slaughter of civilians in Eu- tle bit earlier is a map of Europe. The rienced, and I would submit it is in a rope, and in the Balkans in this in- title of it is European Transition to large measure due to the United States stance. Democratic Government, 1989–1999. participation, active involvement, with It was not my first trip to the Bal- Why is 1989 a significant date? Well, not only economic conditions in Eu- kans. I went over about a year ago and that is when the Berlin Wall fell, and rope, but the NATO military alliance, visited the NATO peacekeeping mis- that is when the collapse of com- to provide some stability and to give sion in Bosnia, a policy I believe has munism and the Soviet Union oc- these countries a chance to experience been extremely successful since the curred. That is when the Communist real democracy, real freedom, and lib- end of the hostilities in that country nations throughout Europe started to erties that we unfortunately at times back in 1996. I also had a chance to fall one right after another. I had a take for granted in the United States. visit the former Yugoslavian Republic chance to visit Central Europe a few But none of this could have been back in 1990 as a student, Mr. Speaker, short months after the collapse of the done without the tremendous commit- with a backpack on my back, traveling Communist governments. ment and professionalism exhibited by by myself throughout the region, when But what this map depicts, the blue our U.S. troops throughout Europe, but I, as a student of history, who loved to area showing the countries in Western especially in this conflict. It is truly read a lot about European history in Europe show what nations had demo- amazing for me to have gone over there particular, saw the war clouds on the cratic governments before 1989, before and to have met with many of the horizon after Milosevic came to power the collapse of communism. We recog- troops who are involved in carrying out in 1989. I wanted to take that oppor- nize the boot-shaped Italy, Spain,

VerDate jul 14 2003 14:20 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00063 Fmt 0688 Sfmt 0634 E:\BR99\H22JN9.002 H22JN9 June 22, 1999 CONGRESSIONAL RECORD—HOUSE 13879 Great Britain, Norway, Sweden, but we side, and that Milosevic is facing irre- eerily quiet. Those of us who have chil- can see how limited this map is before sistible forces throughout the con- dren know that when we get that many 1989 when it came to democratic gov- tinent of Europe, and that as long as little kids together, it is usually noisy ernments that were already existing on we can continue to maintain the policy and a lot of energy. It was really silent the continent of Europe. But after the in the international community of iso- in there. These women had no idea collapse of the Berlin Wall and the lating him, as has been accomplished where their husbands were, and their Communist regimes, the purple area now through the NATO air campaign, children, of course, had no idea where demonstrates how democracy has since through the International War Crimes their fathers were. swept Europe and what countries now Tribunal issuing an indictment against In another tent, a well-dressed man have been included into the fold of Milosevic as a war criminal, the first pointed to the wheelbarrow he had used democratic nations. All of central Eu- time any sitting President of a nation to wheel his frail, elderly mother rope, including East Germany which is has been indicted for war crimes, and across the border. He was fine for a now a part of Germany; all of the also given the significant event of Rus- while in talking about what happened former Soviet Union. sia coming over and accepting the to his family, but then, when he talked What the red portions of this map NATO objectives during this campaign about the wheelbarrow and pointed to demonstrate are those nations that are and further isolating Milosevic, he is his mother who was sitting on a blan- still lagging behind in this great his- basically left with no friends anymore ket, he broke down. She was com- torical sweep of Europe, that are still in the international community. forting him by saying, at least we are dominated by authoritarian and dic- That is what gives me a lot of hope still alive. He did not know, however, if tatorial regimes, one of which is still that what we can see happen in this re- the same were true for his grown chil- right here in the heart of central Eu- gion is a very successful policy of en- dren. rope, Belarus; and the other happens to gagement, leading to democratic re- The day that I came back, there was be the Yugoslav Republic under the forms and leading to a Balkans area an e-mail waiting for me from a con- Milosevic regime down here in the Bal- that will be included within the rest of stituent that said, I quote, ‘‘I have se- kans. the European community as far as de- rious reservations about your casual I think what this demonstrates all mocracy and economic integration is use of terms like atrocities, crimes too well is that Milosevic in this situa- concerned. So I think certainly we against humanity, genocide.’’ I guess tion is isolated. He is an island. He is have that possibility, we certainly that e-mail kind of hit me at the wrong surrounded by emerging democracies. I have that capability right now, but the moment, because after having talked mean, who amongst us could have pre- reports, the news stories coming out, to victims of and witnesses to the ter- dicted that in 10 short years some of at least right now, appears to show ror of the Serbian forces, I felt that the most repressive Communist re- that things are working according to these words were exactly appropriate. gimes in central Europe would today be plan. And now, of course, we are learning flourishing democracies and full mem- What I would like to do now is yield more every day about the extent of the bers of the European Union, and even to my friend, the gentlewoman from atrocities committed against the eth- members of the NATO Alliance itself, Chicago, Illinois (Ms. SCHAKOWSKY), nic Albanian Kosovars. Estimates of within 10 short years. That was un- who is one of my colleagues who was the number dead keep rising. Evidence imaginable pre-1989. But, in fact, that able to join us on the trip over to the of torture abounds. Mass graves, rape, has been the historical trend right Balkans just a few short weeks ago. burned bodies, human shields, it is now. It is only so long when one Com- Ms. SCHAKOWSKY. Mr. Speaker, I really hard to read the accounts. munist dictator can withstand the thank the gentleman from Wisconsin Then the evening after our return, force of historical events. for organizing this intelligent and the gentlewoman from Illinois (Mrs. What we see here is a Serbia that is thoughtful and optimistic discussion, BIGGERT), who was also part of our del- completely surrounded and isolated by and for allowing me to participate. egation, and I cohosted a reception at emerging democracies; some that are From May 20 to May 24, we were both the Holocaust Museum for our fresh- full-fledged democracies, others that part of a congressional delegation to men colleagues. At that event, Miles are well on the road to democratic re- the Balkans that was led by the gen- Lehrman, who is president of the Holo- forms and democratic institutions. I tleman from Ohio (Mr. HOBSON) and the caust Council and a Holocaust survivor think that, more than anything, gives gentleman from Michigan (Mr. said, this is his quote: ‘‘It is here,’’ he us hope that it is going to be a matter BONIOR), and due to the persistence was talking about the museum, ‘‘It is of time, I think, in my own opinion, a really of the gentleman from Ohio (Mr. here where you will fully comprehend matter of a very short time when Ser- HOBSON), our delegation was able to get that the Holocaust did not begin in bia and these Balkan nations are going a firsthand picture of the situation in Auschwitz or in any of the death to institute democratic reforms, when the days before the agreement was camps. It began when lawmakers they are going to reject the authori- signed, a very comprehensive picture of lacked the stamina to speak out tarian and criminal policies of the refugee camps and the troop de- against the constantly escalating evils. Slobodan Milosevic and move to demo- ployment, and to meet with General It is here where it will become clear to cratic institutions, have democratic Wesley Clarke. It was quite an inform- you what our role in Kosovo must be. elections, and then ultimately change ative and incredible trip. It is here where you will see what can the conditions which would allow their The most poignant moment for me happen to a people who become acceptance into the rest of Europe and and I think for all of us came on Sun- mezmerized by a political charlatan into the European Union. That, for me, day, May 23, when we were at the who professed to simple answers to gives me a lot of hope, a lot of promise, Kosovo/Macedonia border of Blace complex and difficult problems. It is really, that what we did in the Bal- when traumatized refugees began here where you will be able to fortify kans, albeit very difficult in the short streaming, or, more appropriately, your inner strengths, to stick to your term, is going to be the right policy in staggering, across the border. We were convictions and speak your mind in the long term by giving these people a able to talk with them, and what we your legislative deliberations, even at chance of realizing true peace and sta- heard made us literally weep along times when your opinion may not be bility and allowing democratic reform with them. Stories of guns to the head, most popular. It will strengthen your to take place. a grenade thrown into a family group; determination to stand alone, if need I think that is a message that we being driven from home with 5 min- be, and speak truth to power.’’ have not heard all that much of during utes’ notice; eating grass in the hills; That was Miles Lehrman, the presi- the course of this conflict in the Bal- hunger; terror; murder. dent of the Holocaust Council. kans, during the NATO air campaign, In a tent of some 15 women, I would I often speak of my granddaughter, is that we certainly have time on our say, and a few dozen children, it was Isabel, on this floor. She is now 15

VerDate jul 14 2003 14:20 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00064 Fmt 0688 Sfmt 0634 E:\BR99\H22JN9.002 H22JN9 13880 CONGRESSIONAL RECORD—HOUSE June 22, 1999 months old. I thought about her when And when they were eventually al- But this is not something that start- I thought about Kosovo and knew that lowed to come back and resettle, it was ed overnight. This was not a change in if, when she grew up, she asked me very difficult for them to prove up NATO policy. In fact, it was a policy what I did to stop the killing of inno- ownership of their properties and of that was clearly enunciated back in cent people, I wanted to tell her that I their homes. They were concerned the 1991 and 1992 within the NATO nations did the right thing. And when I lis- same thing was going to happen in themselves, but also within the Bush tened to that brave survivor of the Hol- Kosovo. In fact, they knew when they administration, when President Bush ocaust, I heard him saying that we did were expelled that many of the towns clearly warned Milosevic that if he the right thing to stop Milosevic. and villages were being laid waste and moved on Kosovo, that NATO would But our job is not done yet. It will burned to the ground, but they were move on him. It was really a continu- not be done until those mothers are re- eager to get back see what did remain, ation of that policy into the Clinton united with their husbands who we and to lay claim again to their owner- administration and within the NATO hope are still alive; until the man and ship and to their lands. alliance that ultimately led to the his mother are home, and the wheel- But the other subtitle to this article NATO air strike campaign against barrow is used in the garden again; and reads, ‘‘Serb-led Offensive Took 10,000 Milosevic’s forces in Kosovo. until our children start playing games Lives, According to British Esti- But I think we are going to see in the of peace and not of war. And until the mates.’’ That figure was still higher coming days more and more stories of vision of the gentleman from Wis- than what the actual predictions were the atrocities and the brutality that consin, his vision of Europe that, with earlier. In fact, that number is being was perpetrated on these people within the help of the United States and escalated every day with the revelation Kosovo. NATO and the international commu- of more mass graves and the body Another article I think demonstrates nity, can be a unified Europe working counts that are coming with it. It was a little bit of the ambivalence that not as part of a more unified international something that we feared at the time. only the American people were feeling community, I think that was the ulti- Since we did not have people inside in the course of this campaign, but mate goal of our mission there, and I Kosovo that could give us firsthand ac- some of the troops themselves in the hope very much that we can be part of counts, other than the refugees them- area. achieving that goal as we move for- selves, it was very difficult to predict It was interesting when I was in ward. just the magnitude of the atrocities Aviano, Italy, talking to a lot of the pi- and the mass executions and mass b 2045 lots, asking them their opinion as far graves that are now being uncovered. as the policy and whether or not this Mr. KIND. Mr. Speaker, I thank the Sure enough, now that the NATO gentlewoman for her comments and made sense and if it was working, one peacekeeping troops are allowed in of the pilots came to me and said, if participation on this issue, and for they are uncovering mass grave after you could see what we see flying these traveling with me just a few weeks ago. mass grave, and the number is only missions over Kosovo, the lines of refu- It really was a moving, very emotional going up and up and up. Again, I think gees streaming out, and you could tell experience, I think, for all of us. our worst fears are being realized. I where the line originated from because I have never seen a group of rep- also believe that but for the NATO of the black plumes of smoke coming resentatives, Mr. Speaker, who were campaign, the atrocities would have up from behind them of the burnt vil- quieter or more chagrined than we been much more severe than what we lages and burnt cities that they were were when we boarded that bus at are witnessing today. Blace, the refugee camp in northern There has been some criticism that fleeing from Serb forces, and the bodies Macedonia, having met with the fami- because of the NATO campaign, it led strewn along the countryside, if you lies the moment they took their first to the brutality and to the ethnic could see that as we are flying over the steps out of Kosovo and talking to cleansing that occurred in Kosovo. I countryside it would remove any doubt them, and hearing firsthand accounts happen to disagree with that, given that this is something we have to do. of the atrocities and the terror that historical indicators and facts. In fact, In fact, in an article last week a cou- they were just put through. the policy of oppression within Kosovo ple of the other troops were inter- Now we read the headlines of the re- itself and even Bosnia really began viewed. Let me just quote this. This cent days showing that what we feared shortly after Milosevic came to power was in USA Today. The headline reads is in fact materializing; that once in 1989. ‘‘Marines Play Hurry Up and Wait.’’ NATO troops, the peacekeeping troops, These were groups, provinces within ‘‘The moment arrives beneath a were allowed to go into Kosovo along Yugoslavia that enjoyed a form of self- trash-strewn overpass in the heart of with the western media, who were spe- autonomy during the Tito regime. Tito Skopje. cifically excluded during the 78-day air realized that given the ethnic diversity ‘‘Huddled in the shadows are dozens campaign, that the atrocities are even of the region, it made sense to allow of children, some in underwear, others more magnified and even more horrific. them a form of self-autonomy, to allow barefoot, each waving dirty hands In fact, this headline in the papers a them to practice their own religion and formed into peace symbols. couple of days ago reads ‘‘Kosovo Alba- culture and have their own language. ‘‘ ‘Nah-toe! Nah-toe!’ their cries thun- nians returning in droves,’’ which is no But Milosevic came to power by na- der off the overpass walls. surprise. When we talked with the fam- tionalizing the issue and by claiming ‘‘ ‘Wow,’ says Lance Corporal Jon ilies in the camps, they were very that Kosovo is Serbia. Immediately Hager, 23, of Carlisle, Pa., at the wheel eager that once NATO prevailed, that when he took power in 1989 he started of a marine Humvee.... they wanted to get back to their cracking down on the ethnic Albanians ‘‘ ‘I’ll never forget it,’ says Lt. John homes, which was a natural reaction. within Kosovo, stripping them of their Marcinek, 28, of Rochester, N.Y., com- What was interesting, however, was identity, of their culture and history, mander of the Marine Combined Anti- another reason they gave, for why they and even disallowing the use of their armor Team, which will be responsible felt it was so important to get back to own language. for securing’’ the part of Southeast their homes as soon as possible. It was But the atrocities really started to Kosovo that the United States is re- the same that thing that many Alba- be stepped up in the early 1998 period sponsible for. nians and Muslims experienced during when Serb forces started moving in. ‘‘Resting in the sizzling sun near the the Bosnia conflict just a few short That is when the negotiations between border with Kosovo, Marcinek searches years ago when Serb forces overran the West and Milosevic started. It was out a pen and pad. their towns. They stripped them of ev- later in the year at Rambouillet where He says, ‘‘ ‘I want to write my erything that they had, identity, iden- we were trying to reach a peaceful res- girlfriend and tell her this was the best tification papers, documents proving olution to what was occurring in experience that has ever happened to ownership of property. Kosovo. me,’ says the former Utah ski bum. ‘It

VerDate jul 14 2003 14:20 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00065 Fmt 0688 Sfmt 0634 E:\BR99\H22JN9.002 H22JN9 June 22, 1999 CONGRESSIONAL RECORD—HOUSE 13881 hits you straight in the heart. The of time, which allowed NATO to for- pected them in Pristina, but they are tears flowed.’ ’’ mally declare an ending of the NATO occurring in Belgrade. ‘‘For Sergeant James Loy, the sight air campaign. One Serb protester complained, and does nothing less than change his views Then perhaps, most significantly, the this bears repeating, as the gentleman on being in the Balkans. KLA signs a peace agreement calling from Wisconsin (Mr. KIND) just used He said, ‘‘‘I’ll be honest, until now I for the demilitarization of the KLA this quote: ‘‘Milosevic lied to us. He led didn’t really feel like we needed to be army. That is one of the key linchpins us in the wrong direction. We should be here. Until I saw those kids,’’ and he to a successful peaceful resolution and entering the European Union and co- has a 10-month-old son himself called stability in the region, is that the operating with the rest of the world. Christopher. He went on to say, ‘‘ ‘We KLA, the guerillas that were fighting Instead, we are completely isolated.’’ do have a purpose here, and that’s to against Milosevic’s armies in Kosovo, Second, we see 1.3 million Kosovars get those kids back home. Some people are agreeing to disarm and to allow who were forced to flee their homeland in the U.S. think we’re just here to democratic reforms to take place in or displaced within their province pre- kill. But we can help give these people the country. paring to return home. We have some their freedom back.’ ’’ Here is one that really gives me a lot measure of confidence that the night- And get something monumental in of hope: ‘‘KLA Chief Appeals to Serbs marish scenes and gross violations of return: ‘‘ ‘This is our moment in his- to Return. Political Leader Says human rights in Kosovo are at an end tory,’ ’’ he said. ‘‘ ‘If people in the Rebels Support ‘Democratic Kosovo.’ ’’ and will not be replayed there soon. United States could see this now, The political leader of the Kosovo Third, we see that unified, decisive they’d understand.’ ’’ Liberation Army said today that the action by NATO forces can repulse a What is encouraging in recent days ethnic Albanian rebel group is com- ruthless dictator, protect and preserve are some of the reports coming out of mitted to building ‘‘a modern civil so- the sanctity of human rights, and help Serbia itself indicating that internal ciety’’ in the Serbian province, and ap- stabilize the entire region. opposition to Milosevic is rising. This pealed to fleeing Serbs to return to live Can anyone seriously question whether the threat to Macedonia or the article reads ‘‘Serbian orthodox church in a democratic Kosovo, as long as they Yugoslav Republic of Montenegro is urges Milosevic and his cabinet to have not committed any crimes less tonight because of NATO’s unwav- quit.’’ against their people. Another article in today’s paper, the I think these are all indications of ering action against Milosevic and his Washington Post, entitled ‘‘Serbs From what is transpiring in recent days that henchmen? No one can doubt that the Kosovo Assail Government. Pro-West- could give us a lot of hope to be opti- same could not be said had we fallen ern Politicians Seek Elections.’’ mistic regarding the success of our prey to the isolationist experts who Here the article reads ‘‘Last week, a mission in Kosovo. coached appeasement. In 1940, as the European continent 45-year-old Serbian lawyer named What I would like to do right now is was about to explode into a Second Dragan Antic fled his home in southern to yield some time to one of our lead- World War, President Franklin Delano Kosovo for fear of ethnic Albanian gue- ers in the Democratic Caucus, someone Roosevelt said of appeasement: ‘‘No rillas who were beginning to pour into who has been at the forefront of this man can tame a tiger into a kitten by town. Today he stood in the center of issue, the gentleman from Maryland stroking it. There can be no appease- Belgrade denouncing Yugoslav Presi- (Mr. HOYER). ment with ruthlessness. There can be dent Slobodan Milosevich as the source Mr. HOYER. Mr. Speaker, I thank no reasoning with the incendiary of his troubles. my friend, the gentleman from Wis- bomb.’’ ‘‘ ‘It is Slobodan who is guilty,’ ’’ he consin, for yielding to me. I want to Milosevic’s ruthless actions, his re- shouted as police attempted to break congratulate the gentleman for focus- jection of reasoning during the entire up a protest rally by a hundred or so ing on this issue. decade, left us little alternative but to Serbs who had just recently fled Mr. Speaker, I think it is important confront him with force. Kosovo. ‘‘ ‘What was the purpose of that we do so because I think we need Mr. Speaker, let me again repeat, for fighting this war if we had to give to reflect upon what the lessons of this the entire decade. This was not some- Kosovo away? Before the war we were operation are. Many had doubts. Many thing that was sprung on the West. In living in our homes. Now we have noth- were concerned that we were going to fact, in my opinion, the West waited ing more than the clothes you see on lose large numbers of people. Many too long. But it is never too late to do our backs.’ ’’ ‘‘ ‘Milosevic led us in the were concerned that those who had the right thing. wrong direction,’’’ complained another been expelled from Kosovo would not displaced Serb. We should be entering want to go home. Many frankly were b 2100 the European Union and cooperating opposed to the President’s leadership With President Clinton, an extraor- with the rest of the world. Instead, we on this issue because they thought it dinarily courageous and forceful Prime are completely isolated.’ ’’ was wrong. Minister of Great Britain, and other Adding to the pressure on Milosevic, Mr. Speaker, the butcher of Belgrade, leaders in NATO who obviously had in a pro-Western political opposition however, is in full retreat. NATO’s 78- their own parliaments voices of doubt, group announced plans today for a se- day air campaign—operation allied voices of nonsupport, they coura- ries of demonstrations to demand early force—has harnessed Slobodan geously stood as a NATO alliance to parliamentary elections in Serbia. Milosevic’s unbridled barbarism. It is say that genocide will not stand in the I think what we are seeing is internal producing the results we knew it bosom of Europe. opposition starting to rise up against would. It has made the world, in my Fourth, we see that the credibility of Milosevic, realizing that it is because opinion, a safer place today. the United States has been enhanced of his policies in the region that has When we look at Southeastern Eu- throughout the world. As William cost them their homes as a result, and rope tonight and compare it to the sit- Kristol and Robert Kagan wrote re- that they realize that their future can- uation there just 3 months ago, what cently in the Weekly Standard—Mr. not any longer be tied into the brutal do we see? First, of course, as I have Speaker, as I am sure my colleagues regime of the butcher of Belgrade. I said, we see a weakened Milosevic, both well know, neither Mr. Kristol nor Mr. think he has been so aptly named the at home and abroad. The gentleman Kagan are known as spinmeisters for butcher of Belgrade. from Wisconsin (Mr. KIND) mentioned the Clinton administration—but they A couple more stories in the paper in- and I will repeat that just this morning said this: The victory in Kosovo should dicating what has transpired in recent the Washington Post reported that ‘‘send a message to would-be aggressors days. ‘‘Framework for peace takes demonstrations denouncing Milosevic’s that . . . the United States and its al- shape. Last Serb soldiers leave genocidal rampage in Kosovo have lies can summon the will and the force Kosovo.’’ They had left 12 hours ahead begun to occur in Belgrade. We ex- to do them harm.’’

VerDate jul 14 2003 14:20 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00066 Fmt 0688 Sfmt 0634 E:\BR99\H22JN9.002 H22JN9 13882 CONGRESSIONAL RECORD—HOUSE June 22, 1999 We have sent, I think, a very simple being held accountable for the atroc- which he said, ‘‘Listen, the only miser- message to would-be aggressors in Eu- ities for which he is clearly respon- able consolation that those people in rope and elsewhere. Do not do it. Do sible. If we do not, Mr. Speaker, if we the Nazi concentration camps had dur- not do it. Do not do it. The West has do not hold those who have committed ing the Second World War was the be- the will, and the West clearly has the war crimes accountable, then I fear we lief that, if the Western democracies of ability to confront you, stop you, de- will see a continuation of the cycle of the world knew what was going on, feat you, and drive you back. Do not do violence and revenge that has plagued they would do everything possible to it. the Balkans for so many years. try to stop it, bombing the rail lines, If one takes aggressive hostile action If, however, we hold accountable bombing the crematoriums.’’ But his- against one’s neighbors or one’s own those responsible, then there will not tory later showed that the western people, one will pay a very high price be cause for the victims and their fami- leaders did know, but they did not do indeed. lies and their successors to again anything to try to stop it. Fifth, we see that a policy that rec- strike out, in vengeance to restore This time is different. This time the ognizes and embraces basic human their honor. Western democracies know, and they rights, decency, and democratic values We should encourage the Serbs to re- are intervening. This time, in his opin- is not just the right thing to do, but, move Milosevic and the brutal leaders ion at least, he feels we are on the Mr. Speaker, a strategic imperative. who have caused this tragic suffering right side of history in this situation. This policy, in this case, has been vin- and misery. Serbia also must be clear With that, I yield to the gentleman dicated. about this. So long as Milosevic re- from Texas (Mr. REYES) who was also Syndicated columnist William Safire mains in power, it will not and should one of my colleagues who joined us on hit the nail on the head when he wrote not receive financial assistance for its the trip to the Balkans, Albania and recently: ‘‘International moral stand- reconstruction. Humanitarian aid, yes. Macedonia just a few weeks ago. ards of conduct, long derided by Reconstruction aid, economic aid, no. Mr. REYES. Mr. Speaker, I thank the geopoliticians, now have muscle.’’ Mr. Speaker, I am one of the Mem- gentleman for yielding to me. I am one Americans ought to be proud of their bers of this House who has traveled to of those that took the opportunity to President, this Congress, and their Macedonia and Albania, been to go to the region, to the Balkans, and young men and women in the armed Pristina and Kosovo, and seen with my take a firsthand look at what was oc- forces of the United States who along own eyes the devastation and the con- curring. with those in NATO made that quote sequences of genocide. These images I will tell my colleagues, Mr. Speak- possible. That the cynics, the are seared into my memory forever. er, that I had an opportunity to go, not realpolitiks of the world who said that We will not always be able to inter- once, not twice, but three times into we did not have a strategic interest vene to stop injustice wherever it oc- this region. In fact, on Easter Sunday, there, that yes, of course, there was a curs, but we have laid down a powerful I was in Prague and had the oppor- moral imperative, but we did not have precedent in Kosovo. Our credibility, as tunity to go to the NATO bunker that a strategic interest; therefore, perhaps I said, earlier has been enhanced. was recently admitted to the NATO alas we did during the 1930s we ought to NATO has been strengthened. A brutal liance, the Czech Republic had made stand and simply watch, perhaps la- dictator has been repulsed, and the available. ment, perhaps wring our hand, but not cause for human rights has been ad- That day that I was there, on Easter take action. The cynics were wrong. vanced. If those are not good causes, Sunday at that NATO bunker, the The Clinton administration with the Mr. Speaker, I do not know what are. Czech Republic cleared 130 sorties to go support of this Congress not only uni- Again, Mr. Speaker, I thank the gen- through their airspace to bomb Yugo- fied, not always out front, but never- tleman from Wisconsin (Mr. KIND) who slavia. I mention that because it is theless united in our conviction that has himself been such a leader in this very significant when we have heard we would let this policy go forward and effort and who has ensured that the over an over the last few weeks that, congratulate themselves for standing American public had the facts and were first of all, a bombing campaign would for what is right. Why? Because of themselves focused on the objectives never work, a bombing campaign would NATO’s unified unwavering action in we sought, the means we used. not bring about the desired effect and Kosovo, we have made it clear that Parenthetically, let me say that we the desired impact to force Milosevic international wrongdoers can and will were extraordinarily lucky, the redress to come to the peace table. be confronted. of the wrongs that were occurring, if Interestingly enough, every time I This does not mean we can intervene, they occur in the future, may not be as heard that, it was being espoused nor- Mr. Speaker, in every instance. As Sec- costless as this enterprise was. But mally by people that have never been retary of State Madeleine Albright having said that, the enterprise will be on the receiving end of a bombing cam- stated recently, and again I quote: ‘‘In worth it. paign or a mortar attack or any of coping with future crisis, the accumu- Mr. KIND. Mr. Speaker, I thank the those. lated wisdom of the past will have to gentleman from Maryland (Mr. HOYER) Having had the experience of Viet- be weighed against the factors unique for his comments and for the leader- nam and having been involved in some to that place and time.’’ ship that he has shown on this issue. of those attacks, I can tell my col- Unfortunately, for Milosevic, Kosovo What a long ways we have come in a leagues that there is nothing more tax- was the place and the time. short period of time when, just a few ing, more horrifying that makes one Finally, in closing let me state our short weeks ago, this Chamber by a feel more helpless than being attacked efforts to secure peace in the Balkans 213–213 vote tied on whether or not to by bombs or mortars. are not over. We must keep the faith. even continue to support the NATO air So to those that were criticizing the We must keep our will. We must keep campaign in the region. Now we are on strategy, I say it worked. It is some- our focus. We must keep our ties to our the precipice of peace breaking out in thing that we all have to recognize and allies strong and unbroken. the region. give credit where credit is due to the Milosevic has properly been branded A while back, I had a chance to have President and to the whole NATO alli- as a war criminal by the International a conversation with Elie Wiesel, one of ance. War Crimes Tribunal at the Hague. He, the Nazi concentration camp survivors, We also heard over and over, what is Mr. Speaker, and those who committed one of the foremost experts on the Hol- our interest in the region? What kind crimes allied with him or, very frank- ocaust. I asked him what his thoughts of national interests could we possibly ly, those who committed crimes on the were in regards to the NATO air cam- have? I think a number of my col- other side, must be held accountable. paign in the Balkans. leagues this evening have gone over Our policy goal now should be, not What he said I thought really crys- that interest and that compelling and only his removal from office, but his tallized the issue, for me at least, in overwhelming obligation that we, as

VerDate jul 14 2003 14:20 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00067 Fmt 0688 Sfmt 0634 E:\BR99\H22JN9.002 H22JN9 June 22, 1999 CONGRESSIONAL RECORD—HOUSE 13883 Americans, can take full pride in to- not do things because they are simple, (The following Members (at the re- night and in the coming days that but we do do things, no matter how dif- quest of Mr. FOLEY) to revise and ex- President Clinton took the tough ficult the task, because they are the tend their remarks and include extra- stand, made the tough decisions, and right thing to do. neous material:) ultimately brought Milosevic to the I am proud of the President, I am Mr. BEREUTER, for 5 minutes, today. peace table and provided us an oppor- proud of our men and women in uni- Mr. BILIRAKIS, for 5 minutes, on June tunity to once more see how great we form, and I am proud of those of my 24. as a country and as a nation can be. colleagues that stood with our Presi- Mr. PETERSON of Pennsylvania, for 5 Even though over the past few weeks dent. minutes, today. we have not all been in complete agree- Mr. KIND. Mr. Speaker, I wish to Mr. PAUL, for 5 minutes, today. ment, we have not all been satisfied conclude by saying that, in the final Mr. JONES of North Carolina, for 5 that all the things that were happening analysis, someone had to stop minutes, today, June 23 and June 24. and that were occurring were being Milosevic in Kosovo. And given the Mr. SOUDER, for 5 minutes, today. done according to the strategy or ac- current geopolitical global lineup, that f cording to the game plan, but one someone was us. I just hope and pray ADJOURNMENT thing that we do know tonight and that for the sake of peace in the region, that we have known since Milosevic that what has started now will con- Mr. KIND. Mr. Speaker, I move that came to the peace table is that we have tinue and we will see a lasting peace. the House do now adjourn. The motion was agreed to; accord- so many thousands of refugees that are And that our troops in the region, who ingly (at 9 o’clock and 16 minutes grateful for the role that the United are being asked to act as peacekeepers, p.m.), the House adjourned until to- States and NATO played in giving will be able to do their jobs success- morrow, Wednesday, June 23, 1999, at 10 them the opportunity to go back and fully, efficiently, and as quickly as pos- a.m. regain what they had, go back and take sible so they can all return to their hold of what we hope is the future, the families safely. f rest of their lives in their home coun- f EXECUTIVE COMMUNICATIONS, try, in their home turf. ETC. LEAVE OF ABSENCE We heard a lot of the pundits night Under clause 8 of rule XII, executive By unanimous consent, leave of ab- after night after night telling the communications were taken from the sence was granted to: American people and the audience Speaker’s table and referred as follows: worldwide that the refugees that had Mr. TIAHRT (at the request of Mr. 2678. A letter from the Administrator, Ag- ARMEY) for today on account of attend- left their homes would never want to ricultural Marketing Service, Department of go back. They were wrong. They were ing his daughter’s high school gradua- Agriculture, transmitting the Department’s wrong, and they should admit it. Just tion. final rule—1999 Amendment to Cotton Board like they were wrong about the air Mr. GILCHREST (at the request of Mr. Rules and Regulations Adjusting Supple- strategy and the bombing campaign ARMEY) for today and June 23 on ac- mental Assessment on Imports [CN–99–002] that it would never work, it worked. count of official business. received June 11, 1999, pursuant to 5 U.S.C. They should admit it. Mr. DEFAZIO (at the request of Mr. 801(a)(1)(A); to the Committee on Agri- Part of the compelling story, part of GEPHARDT) for today and June 23 on ac- culture. count of official business. 2679. A letter from the Administrator, Ag- what I hope is chronicled in this cam- ricultural Marketing Service, Department of paign and in this great humanitarian Mr. UNDERWOOD (at the request of Agriculture, transmitting the Department’s effort led by the United States and Mr. GEPHARDT) for today through noon final—Raisins Produced From Grapes Grown NATO is the tremendous impact that it on Thursday, June 24th on account of In California; Final Free and Reserve Per- had on many thousands of individuals official business. centages for 1998–99 Zante Currant Raisins of every size and every age and every f [Docket No. FV99–989–3 FIR] received June description, many thousands of individ- 11, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to SPECIAL ORDERS GRANTED the Committee on Agriculture. uals that were forced to flee their 2680. A letter from the Director, Test, Sys- homes. By unanimous consent, permission to address the House, following the legis- tems Engineering & Evaluation, Department I would ask the American people to- of Defense, transmitting notification of in- night to stop and reflect for a moment lative program and any special orders tent to obligate funds for out-of-cycle FY what would happen to them personally heretofore entered, was granted to: 1999 FCT projects and FY 2000 in-cycle FCT if they were to suffer this contend of The following Members (at the re- projects, pursuant to 10 U.S.C. 2350a(g); to trauma, a trauma that to us is un- quest of Mr. MCNULTY) to revise and the Committee on Armed Services. imaginable, to us it is incomprehen- extend their remarks and include ex- 2681. A letter from the Secretary of De- traneous material: fense, transmitting a report regarding the sible because we cannot even begin to FY 1999 acquisition and support workforce Mr. PALLONE, for 5 minutes, today. imagine what it would be like to be reductions; to the Committee on Armed forced out of our homes and to be Mr. HOLT, for 5 minutes, today. Services. forced into the refugee camps and the Ms. NORTON, for 5 minutes today. 2682. A letter from the Director, Office of conditions of which my colleagues and Mrs. JONES of Ohio, for 5 minutes, Regulatory Management and Information, I had a first-hand look, and conditions today. Environmental Protection Agency, transmit- that today are going to be resolved by Mr. ROEMER, for 5 minutes, today. ting the Agency’s final rule—Clean Air Act allowing these refugees to go back to Mrs. MCCARTHY of New York, for 5 Full Approval of 40 CFR Part 70 Operating minutes, today. Permit Program; State of North Dakota their homeland. [ND–001a; FRL–6360–3] received June 10, 1999, Ms. DELAURO, for 5 minutes, today. b 2115 pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Ms. EDDIE BERNICE JOHNSON of Texas, mittee on Commerce. Mr. REYES. I am proud to be in the for 5 minutes, today. 2683. A letter from the Director, Office of well of the House this evening to thank Mrs. NAPOLITANO, for 5 minutes, Regulatory Management and Information, President Clinton and to thank the today. Environmental Protection Agency, transmit- NATO alliance. Over and over in the Ms. SLAUGHTER, for 5 minutes, today. ting the Agency’s final rule—Clean Air Act past weeks we heard it would never Mr. DAVIS of Florida, for 5 minutes, Approval and Promulgation of State Imple- hold together. It held together. It today. mentation Plan; Colorado; Revisions Regard- ing Negligibly Reactive Volatile Organic brought about the desired successful Ms. WOOLSEY, for 5 minutes, today. Compounds and Other Regulatory Revisions conclusion that is going to, I think, Mr. FORD, for 5 minutes, today. [CO–001–0027a, CO–001–0028a, & CO–001–0033a; write yet another chapter in the great Mr. GREEN of Texas, for 5 minutes, FRL–6358–6] received June 10, 1999, pursuant history of this country where we do not today. to 5 U.S.C. 801(a)(1)(A); to the Committee on do things because they are easy, we do Mr. ETHERIDGE, for 5 minutes, today. Commerce.

VerDate jul 14 2003 14:20 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00068 Fmt 0688 Sfmt 0634 E:\BR99\H22JN9.002 H22JN9 13884 CONGRESSIONAL RECORD—HOUSE June 22, 1999 2684. A letter from the Director, Office of Changes to the Board of Directors of the Na- Mr. GOSS: Committee on Rules. House Regulatory Management and Information, tional Exchange Carrier Association, Inc. Resolution 217. Resolution providing for the Environmental Protection Agency, transmit- Federal-State Joint Board on Universal consideration of the bill (H.J. Res. 33) pro- ting the Agency’s final rule—Approval and Services [CC Docket No. 97–21; CC Docket posing an amendment to the Constitution of Promulgation of Air Quality Implementa- No. 96–45] received June 9, 1999, pursuant to the United States authorizing the Congress tion Plans; Maryland; Control of VOC Emis- 5 U.S.C. 801(a)(1)(A); to the Committee on to prohibit the physical desecration of the sions from Decorative Surfaces, Brake Shoe Commerce. flag of the United States (Rept. 106–194). Re- Coatings, Structural Steel Coatings, and 2693. A letter from the Chief, Accounting ferred to the House Calendar. Digital Imaging [MD–3039a; FRL–6357–5] re- Policy Division, Common Carrier Bureau, Mr. YOUNG of Alaska: Committee on Re- ceived June 10, 1999, pursuant to 5 U.S.C. Federal Communications Commission, trans- sources. H.R. 1653. A bill to approve a gov- 801(a)(1)(A); to the Committee on Commerce. mitting the Commission’s final rule—Fed- erning international fishery agreement be- 2685. A letter from the Director, Office of eral-State Joint Board on Universal Service tween the United States and the Russian Regulatory Management and Information, [CC Docket No. 96–45] received June 9, 1999, Federation (Rept. 106–195). Referred to the Environmental Protection Agency, transmit- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Committee on the Whole House on the State ting the Agency’s final rule—Approval and mittee on Commerce. of the Union. Promulgation of Air Quality Implementa- 2694. A letter from the Governor, State of Mr. REYNOLDS: Committee on Rules. tion Plans; Commonwealth of Pennsylvania; Kansas, transmitting a letter to President House Resolution 218. Resolution providing Motor Vehicle Inspection and Maintenance Clinton regarding the Roberts amendment in for consideration of the bill (H.R. 2084) mak- Program [PA 133–4087; FRL 6354–9] received the Supplemental Appropriations bill now in ing appropriations for the Department of June 10, 1999, pursuant to 5 U.S.C. conference committee; to the Committee on Transportation and related agencies for the 801(a)(1)(A); to the Committee on Commerce. Commerce. fiscal year ending September 30, 2000, and for 2686. A letter from the Director, Office of 2695. A letter from the Assistant Secretary other purposes (Rept. 106–196). Referred to Regulatory Management and Information, for Legislative Affairs, Department of State, the House Calendar. transmitting a copy of the Secretary’s deter- Environmental Protection Agency, transmit- f ting the Agency’s final rule—Approval and mination and justification for authorizing Promulgation of Implementation Plans; the use in year 1999 of Economic Support PUBLIC BILLS AND RESOLUTIONS California State Implementation Plan Revi- Funds to provide a modest crowd-control Under clause 2 of rule XII, public sion, South Coast Air Quality Management training package for the Indonesian police in District [CA 187–150; FRL–6358–3] received support of the June elections, pursuant to 22 bills and resolutions were introduced June 10, 1999, pursuant to 5 U.S.C. U.S.C. 2261(a)(2); to the Committee on Inter- and severally referred, as follows: 801(a)(1)(A); to the Committee on Commerce. national Relations. By Mr. CHABOT: 2687. A letter from the Director, Office of 2696. A letter from the Director, Office of H.R. 2290. A bill to suspend temporarily the Regulatory Management and Information, Congressional and Intergovernmental Af- duty on the chemical 2 Chloro Amino Tol- Environmental Protection Agency, transmit- fairs, United States Information Agency, uene; to the Committee on Ways and Means. ting the Agency’s final rule—Approval and transmitting a report on U.S. Government- By Mr. ANDREWS: Promulgation of State Plans for Designated Sponsored International Exchanges and H.R. 2291. A bill to implement certain re- Facilities and Pollutants; Control of Emis- Training on a Review of the MESP and strictions on purchases from Federal Prison sions From Hospital/Medical/Infectious ATLAS Programs in South Africa; to the Industries by the Secretary of Defense; to Waste Incinerators; State of Iowa [IA 070– Committee on International Relations. the Committee on Armed Services. 1070a] received June 10, 1999, pursuant to 5 2697. A letter from the Secretary of Agri- By Mr. BACHUS: U.S.C. 801(a)(1)(A); to the Committee on culture, transmitting the semiannual report H.R. 2292. A bill to amend the Foreign As- Commerce. of the Inspector General for the 6-month pe- sistance Act of 1961 to repeal the housing 2688. A letter from the Director, Office of riod ending March 31, 1999, pursuant to 5 guaranty program under that Act; to the Regulatory Management and Information, U.S.C. app. (Insp. Gen. Act) section 5(b); to Committee on International Relations. Environmental Protection Agency, transmit- the Committee on Government Reform. By Mr. BARTON of Texas (for himself ting the Agency’s final rule—Approval and 2698. A letter from the Comptroller Gen- and Mr. STENHOLM): Promulgation of State Plans for Designated eral, transmitting a listing of new investiga- H.R. 2293. A bill to reform the budget proc- Facilities and Pollutants: Louisiana [LA–51– tions, audits, and evaluations; to the Com- ess; to the Committee on the Budget, and in 1–7413a; FRL–6360–8] received June 11, 1999, mittee on Government Reform. addition to the Committees on Rules, and pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 2699. A letter from the Governor, Common- Appropriations, for a period to be subse- mittee on Commerce. wealth of the Northern Mariana Islands, quently determined by the Speaker, in each 2689. A letter from the Director, Office of transmitting a report prepared to clarify case for consideration of such provisions as Regulatory Management and Information, some of the statements in the Fourth An- fall within the jurisdiction of the committee Environmental Protection Agency, transmit- nual Report; to the Committee on Resources. concerned. ting the Agency’s final rule—Approval and 2700. A letter from the Attorney General, By Ms. BERKLEY (for herself, Mrs. Promulgation of State Plans for Designated Department of Justice, transmitting the an- ROUKEMA, Ms. DELAURO, Mrs. Facilities and Pollutants: Texas [TX–108–1– nual report on the status of the United MALONEY of New York, Mr. MATSUI, 7408a; FRL–6361–4] received June 11, 1999, pur- States Parole Commission; to the Com- Mr. HOYER, Mr. FROST, Mr. BORSKI, suant to 5. U.S.C. 801(a)(1)(A); to the Com- mittee on the Judiciary. Ms. ESHOO, Ms. MILLENDER-MCDON- mittee on Commerce. 2701. A letter from the Secretary of Trans- ALD, Mrs. CAPPS, Ms. WOOLSEY, Mrs. 2690. A letter from the Director, Office of portation, transmitting a report on the THURMAN, Mr. HASTINGS of Florida, Regulatory Management and Information, methods that are used to implement and en- Mr. RUSH, Mr. ISAKSON, Mr. CLYBURN, Environmental Protection Agency, transmit- force the International Management code for Mr. GUTIERREZ, Mr. SANDERS, Mrs. ting the Agency’s final rule—Approval and the Safe Operation of Ships and for Pollution TAUSCHER, Mr. COSTELLO, Mr. WYNN, Promulgation of Air Quality Implementa- Prevention under Chapter IX of the Annex to Ms. NORTON, Ms. SANCHEZ, Ms. tion Plans; Pennsylvania; 1990 NOx Base Year the International Convention for the Safety STABENOW, Ms. CARSON, Ms. MCCAR- Emission Inventory for the Philadelphia of Life at Sea, 1974, to the Committee on THY of Missouri, Mr. MCNULTY, Mr. Ozone Nonattainment Area [PA121–4088a; Transportation and Infrastructure. HINCHEY, Mr. SHOWS, Mr. WEINER, Ms. FRL–6361–5] received June 11, 1999, pursuant f SCHAKOWSKY, Mr. UDALL of Colorado, to 5 U.S.C. 801(a)(1)(A); to the Committee on Mr. CAPUANO, Mrs. NAPOLITANO, Ms. Commerce. REPORTS OF COMMITTEES ON JACKSON-LEE of Texas, Mr. HILLIARD, 2691. A letter from the Chief, Accounting PUBLIC BILLS AND RESOLUTIONS Mr. SERRANO, Mr. SANDLIN, Mr. NEAL Policy Division, Common Carrier Bureau, Under clause 2 of rule XIII, reports of of Massachusetts, and Mr. MORAN of Federal Communications Commission, trans- committees were delivered to the Clerk Virginia): mitting the Commission’s final rule—Fed- H.R. 2294. A bill to amend the Older Ameri- eral-State Joint Board on Universal Service for printing and reference to the proper cans Act of 1965 to help prevent osteoporosis; Access Charge Reform [CC Docket No. 96–45; calendar, as follows: to the Committee on Education and the CC Docket No. 96–262] received June 9, 1999, Ms. PRYCE of Ohio: Committee on Rules. Workforce. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- House Resolution 216. Resolution providing By Mrs. CAPPS: mittee on Commerce. for consideration of the bill (H.R. 1658) to H.R. 2295. A bill to terminate the participa- 2692. A letter from the Chief, Accounting provide a more just and uniform procedure tion of the Forest Service in the Rec- Policy Division, Common Carrier Bureau, for Federal civil forfeitures, and for other reational Fee Demonstration Program and Federal Communications Commission, trans- purposes (Rept. 106–193). Referred to the to offset the revenues lost by such termi- mitting the Commission’s final rule— House Calendar. nation by prohibiting the use of appropriated

VerDate jul 14 2003 14:20 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00069 Fmt 0688 Sfmt 0634 E:\BR99\H22JN9.002 H22JN9 June 22, 1999 CONGRESSIONAL RECORD—HOUSE 13885

funds to finance engineering support for of Florida, Mr. GARY MILLER of Cali- Mrs. KELLY, Mr. ARCHER, Mr. LEWIS sales of timber from National Forest System fornia, Mr. NETHERCUTT, Mr. NEY, of California, Mrs. NAPOLITANO, Mr. lands; to the Committee on Agriculture, and Mr. PAUL, Mr. PITTS, Mr. RILEY, Mr. TURNER, Mr. BASS, Mr. DIXON, Mr. in addition to the Committee on Resources, ROHRABACHER, Mr. ROYCE, Mr. RYAN PHELPS, Mr. BOUCHER, Mr. MURTHA, for a period to be subsequently determined of Wisconsin, Mr. SALMON, Mr. Ms. SLAUGHTER, Mr. SOUDER, Mr. by the Speaker, in each case for consider- SCHAFFER, Mr. SHAW, Mr. SIMPSON, FALEOMAVAEGA, Mr. MICA, Mr. KAN- ation of such provisions as fall within the ju- Mr. STUMP, Mr. TALENT, Mr. TIAHRT, JORSKI, Mr. EWING, Mr. HILLIARD, Mr. risdiction of the committee concerned. Mr. TRAFICANT, Mr. WAMP, Mr. HOYER, Mr. BOYD, Mr. SMITH of By Mrs. CHRISTENSEN: WATTS of Oklahoma, Mr. WELDON of Michigan, Mrs. MINK of Hawaii, Mr. H.R. 2296. A bill to amend the Revised Or- Florida, Mr. WICKER, and Mr. YOUNG SCOTT, Mr. BENTSEN, Mr. PETERSON of ganic Act of the Virgin Islands to provide of Alaska): Minnesota, Mr. CRANE, Mr. CALVERT, that the number of members on the legisla- H.R. 2301. A bill to require Congress and Mr. WALSH, Mr. YOUNG of Florida, ture of the Virgin Islands and the number of the President to fulfill their constitutional Mr. SHAYS, Mr. SHERMAN, Mr. such members constituting a quorum shall duty to take personal responsibility for Fed- TIERNEY, Mr. GOODLATTE, Mr. be determined by the laws of the Virgin Is- eral laws; to the Committee on the Judici- GANSKE, Mr. RYUN of Kansas, Mr. lands, and for other purposes; to the Com- ary, and in addition to the Committee on PORTER, Mr. BERMAN, Mr. STEARNS, mittee on Resources. Rules, for a period to be subsequently deter- Mr. OWENS, Mr. SAWYER, Mr. By Mr. ENGLISH: mined by the Speaker, in each case for con- HULSHOF, Mr. MOLLOHAN, Mr. CLEM- H.R. 2297. A bill to suspend temporarily the sideration of such provisions as fall within ENT, Mr. OXLEY, Mr. HORN, Mr. duty on ferroniobium; to the Committee on the jurisdiction of the committee concerned. SANDLIN, Mr. JACKSON of Illinois, Ms. Ways and Means. By Mr. HINCHEY: JACKSON-LEE of Texas, Mr. SHAW, Mr. By Mr. EVANS: H.R. 2302. A bill to designate the building UPTON, Mr. BERRY, Mr. HILL of Mon- H.R. 2298. A bill to provide certain tem- of the United States Postal Service located tana, Mr. GEORGE MILLER of Cali- porary employees with the same benefits as at 307 Main Street in Johnson City, New fornia, Mrs. LOWEY, Mr. BATEMAN, permanent employees; to the Committee on York, as the ‘‘James W. McCabe, Sr. Post Of- Mr. BARRETT of Nebraska, Mr. BOEH- Education and the Workforce. fice Building’’.; to the Committee on Govern- LERT, Mr. BRADY of Pennsylvania, By Mr. EVANS: ment Reform. Mr. PAYNE, Mr. ETHERIDGE, Ms. H.R. 2299. A bill to amend title I of the Em- By Mr. LARSON (for himself, Mr. HOOLEY of Oregon, Ms. MILLENDER- ployee Retirement Income Security Act of HASTERT, Mr. GEPHARDT, Mrs. EMER- MCDONALD, Mr. BALLENGER, Mr. 1974 to ensure proper treatment of temporary SON, Mr. UDALL of New Mexico, Mr. CAPUANO, Mr. SPRATT, Mr. SHOWS, employees under employee benefit plans; to LAHOOD, Mr. DAVIS of Virginia, Ms. Mr. SISISKY, Mr. TIAHRT, Mr. the Committee on Education and the Work- ESHOO, Mr. SHIMKUS, Mr. KIND, Mr. CUMMINGS, Ms. LOFGREN, Mr. GREEN force. WOLF, Mr. NEAL of Massachusetts, of Wisconsin, Mrs. CHENOWETH, Mr. By Mr. GOODLING (for himself, Mr. Mr. UNDERWOOD, Mr. HOUGHTON, Mr. REYES, Mr. ROEMER, Mrs. JOHNSON of HASTERT, Mr. ARMEY, Mr. DELAY, Mr. LANTOS, Mr. CROWLEY, Mr. GEJDEN- Connecticut, Mr. DEMINT, Mr. ALLEN, WATTS of Oklahoma, Mr. CASTLE, Mr. SON, Mr. WU, Mr. SANDERS, Mr. BE- Mr. JONES of North Carolina, Mr. HOEKSTRA, Mr. BALLENGER, Mr. REUTER, Mr. STARK, Mr. FROST, Mr. LEACH, Mr. LAMPSON, Mr. CALLAHAN, MCKEON, Mr. BOEHNER, Mr. SCHAF- WAXMAN, Mr. COSTELLO, Mr. LA- Mr. EVANS, Mr. MENENDEZ, Mr. FER, Mr. NORWOOD, Mr. HILLEARY, Mr. FALCE, Mr. LEWIS of Georgia, Ms. HAYWORTH, Mr. OLVER, Mr. SAXTON, DEAL of Georgia, Mr. FLETCHER, Mr. BALDWIN, Mr. MCGOVERN, Ms. Mr. MOAKLEY, Ms. SANCHEZ, Mr. TANCREDO, Mr. DEMINT, Mr. TALENT, DELAURO, Mr. KING, Mr. HINCHEY, Mr. GUTIERREZ, Mr. RUSH, Mr. JENKINS, Mr. GRAHAM, Mr. SALMON, Mr. PETRI, MARKEY, Mr. BLUMENAUER, Mr. ABER- Mr. BALDACCI, Mr. BISHOP, Mr. Mr. MCINTOSH, Mr. GREENWOOD, Mr. CROMBIE, Mr. METCALF, Mr. WELDON BILBRAY, Mr. MASCARA, Mr. AN- SAM JOHNSON of Texas, Mrs. of Pennsylvania, Mr. CLAY, Mr. CAS- DREWS, Mr. BAIRD, Ms. BERKLEY, Mr. NORTHUP, Ms. PRYCE of Ohio, Ms. TLE, Mr. GREEN of Texas, Mr. CON- CARDIN, Mr. GORDON, Mr. BOSWELL, GRANGER, Mr. MILLER of Florida, Mr. YERS, Mr. STUMP, Ms. MCKINNEY, Mr. Mr. DOOLEY of California, Mrs. SESSIONS, Mr. FRANKS of New Jersey, KOLBE, Mr. BONIOR, Mr. DINGELL, Mr. FOWLER, Mr. DEFAZIO, Mr. HOLT, Mr. Ms. DUNN, Mrs. MYRICK, Mr. BAKER, BLUNT, Mr. FORBES, Mr. ACKERMAN, MCINTYRE, Mr. GOODE, Mr. DEAL of Mr. METCALF, Mr. HILL of Montana, Mrs. CLAYTON, Mr. QUINN, Ms. EDDIE Georgia, Mrs. MYRICK, Mr. FOLEY, Mr. PITTS, Mr. SUNUNU, Mr. HERGER, BERNICE JOHNSON of Texas, Mr. Mr. THOMPSON of California, Mr. Mr. HEFLEY, Mr. HASTINGS of Wash- HOLDEN, Mr. UDALL of Colorado, Mr. SWEENEY, Mr. TOWNS, Mr. BARRETT of ington, Mr. BARTLETT of Maryland, DAVIS of Florida, Mr. FATTAH, Mr. Wisconsin, Mr. BECERRA, Mr. RYAN of Mr. DOOLITTLE, Mr. BLILEY, Mr. GARY GOODLING, Mr. VENTO, Mr. FARR of Wisconsin, Mr. TOOMEY, Mr. SIMPSON, MILLER of California, Mr. MCINNIS, California, Mr. GREENWOOD, Mr. and Mr. SKEEN): Mr. BACHUS, Mr. BLUNT, Mr. STUMP, EHLERS, Mr. HOEFFEL, Ms. PELOSI, H.R. 2303. A bill to direct the Librarian of Mr. FORBES, Mr. SMITH of Michigan, Mr. SKELTON, Mr. KILDEE, Ms. KIL- Congress to prepare the history of the House Mr. DICKEY, Mr. PETERSON of Penn- PATRICK, Mr. MORAN of Virginia, Mr. of Representatives, and for other purposes; sylvania, Mr. LEWIS of Kentucky, Mr. MCHUGH, Mr. MALONEY of Con- to the Committee on House Administration. HALL of Texas, Mr. HAYES, Mr. CAN- necticut, Mr. CLYBURN, Mrs. MEEK of By Mr. MALONEY of Connecticut: NON, Mr. SMITH of New Jersey, Mr. Florida, Mr. TRAFICANT, Mr. BLILEY, H.R. 2304. A bill to amend the Internal Rev- SHAYS, Mr. PORTMAN, Mr. PACKARD, Mr. MATSUI, Mr. LUCAS of Oklahoma, enue Code of 1986 to allow employers who Mr. ROYCE, Mr. KNOLLENBERG, Mr. Mr. NORWOOD, Mr. ROMERO-BARCELO, maintain a self-insured health plan for their EWING, Mr. COOK, Mr. POMBO, Mr. Mr. FILNER, Ms. ROYBAL-ALLARD, employees a credit against income tax for a TERRY, Mr. CHAMBLISS, and Mr. Mrs. THURMAN, Mr. DUNCAN, Mr. portion of the cost paid for providing health HOSTETTLER): MCNULTY, Mr. MOORE, Ms. LEE, Mr. coverage for their employees; to the Com- H.R. 2300. A bill to allow a State to com- SMITH of Washington, Mr. BORSKI, mittee on Ways and Means. bine certain funds to improve the academic Mrs. JONES of Ohio, Ms. NORTON, Mr. By Mrs. MALONEY of New York (for achievement of all its students; to the Com- WEINER, Mr. NEY, Mr. BROWN of Cali- herself, Mr. WEYGAND, Ms. BERKLEY, mittee on Education and the Workforce. fornia, Mr. HILL of Indiana, Ms. DAN- Mr. BONIOR, Mr. BROWN of California, By Mr. HAYWORTH (for himself, Mr. NER, Mr. GONZALEZ, Ms. RIVERS, Mr. Ms. CARSON, Mr. DAVIS of Illinois, ADERHOLT, Mr. BALLENGER, Mr. BARR KENNEDY of Rhode Island, Mr. RA- Ms. DELAURO, Mr. FILNER, Mr. of Georgia, Mr. BARTLETT of Mary- HALL, Mr. THOMPSON of Mississippi, GUTIERREZ, Mrs. JONES of Ohio, Ms. land, Mr. BLILEY, Mr. BLUNT, Mr. Mr. MEEHAN, Mr. WYNN, Mr. EHRLICH, KILPATRICK, Mr. OWENS, Mr. RANGEL, CALVERT, Mr. CHABOT, Mr. Ms. SCHAKOWSKY, Mr. PASTOR, Mr. Mr. TIERNEY, and Mr. TOWNS): CHAMBLISS, Mrs. CHENOWETH, Mr. COOKSEY, Mr. KUCINICH, Mr. MEEKS of H.R. 2305. A bill to authorize the Secretary COBLE, Mr. COLLINS, Mrs. CUBIN, Mr. New York, Mr. SERRANO, Mr. of Housing and Urban Development to make CUNNINGHAM, Mr. DOOLITTLE, Mr. BLAGOJEVICH, Mr. PITTS, Mr. ROGAN, grants to nonprofit community organiza- DUNCAN, Mrs. EMERSON, Mr. ENGLISH, Mrs. CHRISTENSEN, Mr. CUNNINGHAM, tions for the development of open space on Mr. GIBBONS, Mr. GOODE, Mr. GOOD- Mr. GALLEGLY, Mr. DELAHUNT, Mr. municipally owned vacant lots in urban LING, Mr. GRAHAM, Mr. HILL of Mon- SPENCE, Mr. TANCREDO, Mr. POMEROY, areas; to the Committee on Banking and Fi- tana, Mr. HILLEARY, Mr. ISTOOK, Mr. Mr. DAVIS of Illinois, Mr. KLECZKA, nancial Services. JONES of North Carolina, Mr. KING- Mr. SENSENBRENNER, Mrs. CAPPS, Mr. By Mrs. MALONEY of New York (for STON, Mr. LARGENT, Mr. LUCAS of LIPINSKI, Mr. SABO, Mrs. MORELLA, herself, Mr. DAVIS of Illinois, Mrs. Oklahoma, Mr. METCALF, Mr. MILLER Mr. FRELINGHUYSEN, Mr. PALLONE, JONES of Ohio, and Mrs. CLAYTON):

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H.R. 2306. A bill to amend the qualification for a period to be subsequently determined H.R. 239: Mrs. MORELLA, Mr. BERMAN, Mr. requirements for serving with the Census by the Speaker, in each case for consider- MCDERMOTT, Mr. MCGOVERN, Mr. ORTIZ, Mr. Monitoring Board; to the Committee on Gov- ation of such provisions as fall within the ju- NEAL of Massachusetts, Mr. BARRETT of Ne- ernment Reform. risdiction of the committee concerned. braska, Mr. LAMPSON, Mr. SAWYER, and Ms. By Mr. MCGOVERN (for himself, Mr. By Mr. BROWN of Ohio (for himself, KAPTUR. DELAHUNT, Mr. FRANK of Massachu- Mr. GREENWOOD, Mr. WAXMAN, Ms. H.R. 303: Mr. CUNNINGHAM, Mr. TOWNS, Ms. setts, Mr. TIERNEY, Mr. NEAL of Mas- KILPATRICK, Mr. MCNULTY, Mr. DELAURO, Mr. MASCARA, and Mr. TRAFICANT. sachusetts, Mr. MEEHAN, Mr. MOAK- CAPUANO, Mr. SMITH of Washington, H.R. 363: Mr. DEFAZIO. LEY, Mr. CAPUANO, Mr. OLVER, and Mr. COOK, Mr. FATTAH, Mr. BRADY of H.R. 371: Mr. SMITH of Washington, Mr. RA- Mr. MARKEY): Pennsylvania, Mrs. KELLY, Mr. HALL, and Mrs. MEEK of Florida. H.R. 2307. A bill to designate the building BLUMENAUER, Mr. RUSH, Mr. H.R. 372: Mr. DOYLE. of the United States Postal Service located STEARNS, Mr. JACKSON of Illinois, Mr. H.R. 423: Mr. ENGLISH. at 5 Cedar Street in Hopkinton, Massachu- GUTIERREZ, Mr. WELDON of Pennsyl- H.R. 483: Mr. BACHUS and Mr. OLVER. setts, as the ‘‘THOMAS J. Brown Post Office vania, Mr. BENTSEN, Mr. THOMPSON of H.R. 486: Mr. SCARBOROUGH, Mr. TURNER, Building’’; to the Committee on Government Mississippi, Mr. LAMPSON, Ms. Mr. BILBRAY, and Mr. DAVIS of Illinois. Reform. MILLENDER-MCDONALD, Mr. BORSKI, H.R. 518: Mr. LEWIS of Kentucky and Mrs. By Mr. PORTMAN (for himself, Mr. Mr. MARKEY, and Mr. GREEN of CUBIN. BECERRA, Mr. CUNNINGHAM, Mr. MAT- Texas): H.R. 527: Mr. ENGEL. SUI, Mr. ARMEY, Mr. WATTS of Okla- H. Con. Res. 139. Concurrent resolution rec- H.R. 531: Ms. DELAURO and Mr. PHELPS. homa, Mr. TANNER, Mr. JEFFERSON, ognizing the success of lay person CPR train- H.R. 534: Mr. SKELTON and Mr. DICKEY. Mr. KUYKENDALL, Mrs. THURMAN, Mr. ing in increasing the rate of survival of car- H.R. 541: Ms. LOFGREN. FROST, Mr. FLETCHER, Mr. MOAKLEY, diac arrest and supporting efforts to enhance H.R. 588: Mr. PAUL. Mr. FARR of California, Mr. SHAYS, public awareness of the need for such train- H.R. 637: Mr. WU. H.R. 670: Mr. FOLEY, Mr. BRYANT, Mr. Mr. LATHAM, Mr. CUMMINGS, Ms. LEE, ing; to the Committee on Commerce. UDALL of New Mexico, and Mr. LARSON. Mr. BILBRAY, Mr. SHOWS, Mr. REYES, By Mr. HASTINGS of Florida (for him- H.R. 708: Mr. CRAMER, Mr. STUMP, and Mr. Mrs. KELLY, Mrs. CHRISTENSEN, Mr. self, Mr. DELAHUNT, and Mr. CON- QUINN. FILNER, Mr. PITTS, Mr. DOOLEY of YERS): H.R. 721: Mr. RADANOVICH and Mr. DEFAZIO. California, Mr. SCOTT, Mr. PICKERING, H. Con. Res. 140. Concurrent resolution ex- H.R. 732: Mr. RAMSTAD. Ms. LOFGREN, Ms. SANCHEZ, Mr. COOK, pressing the sense of the Congress that Haiti H.R. 739: Mr. GANSKE, Mr. BARRETT of Wis- Mrs. NAPOLITANO, Mr. GREEN of should conduct free, fair, transparent, and consin, Mr. MOORE, Ms. LEE, Mr. KLECZKA, Texas, Mr. MCINTOSH, Ms. peaceful elections, and for other purposes; to Mr. STUPAK, Mr. ACKERMAN, Mr. KUCINICH, MILLENDER-MCDONALD, Ms. CARSON, the Committee on International Relations. and Mrs. MINK of Hawaii. Mrs. MORELLA, Mr. MORAN of Vir- By Mr. RANGEL (for himself, Mr. H.R. 740: Mr. HILLIARD, Mr. PASTOR, Ms. ginia, Mr. NADLER, Mr. PASTOR, Mr. PALLONE, Mr. LAFALCE, Mr. LEE, and Ms. SCHAKOWSKY. KILDEE, Mr. HORN, Mr. KENNEDY of MCDERMOTT, Mr. ROMERO-BARCELO, H.R. 750: Mr. BOSWELL, Mr. SIMPSON, and Rhode Island, and Mr. HINCHEY): Mr. GEORGE MILLER of California, Mr. Mr. MALONEY of Connecticut. H.R. 2308. A bill to amend the Internal Rev- MCNULTY, Mr. WATT of North Caro- H.R. 761: Mr. GARY MILLER of California. enue Code of 1986 to expand the deduction for lina, Mr. DOYLE, Mrs. MORELLA, Mr. H.R. 776: Ms. SCHAKOWSKY. computer donations to schools and public li- CUMMINGS, Mr. CROWLEY, Ms. KIL- H.R. 783: Mr. EHLERS. braries and to allow a tax credit for donated PATRICK, Mr. FROST, Mr. RAHALL, H.R. 784: Mr. MCHUGH, Mr. COSTELLO, Mrs. computers; to the Committee on Ways and Mrs. MINK of Hawaii, Mr. PAYNE, Mr. MYRICK, and Mr. PRICE of North Carolina. Means. HILLIARD, Mr. HINCHEY, Mr. CONYERS, H.R. 828: Mr. LUCAS of Kentucky. By Mr. SESSIONS: Mr. GONZALEZ, Mr. GILMAN, Mr. WU, H.R. 860: Ms. LEE. H.R. 2309. A bill to require group health Mr. CARDIN, Mr. WEXLER, and Mr. H.R. 872: Ms. MCKINNEY, Mr. LUTHER, and plans and health insurance issuers to provide HALL of Ohio): Mr. ENGEL. independent review of adverse coverage de- H. Con. Res. 141. Concurrent resolution H.R. 895: Ms. BALDWIN, Mr. HOLT, Ms. terminations; to the Committee on Edu- celebrating One America; to the Committee ESHOO, Mr. RODRIGUEZ, and Mr. GONZALES. cation and the Workforce. on the Judiciary. H.R. 903: Mr. ENGEL. By Mr. SUNUNU: f H.R. 922: Mr. CALVERT. H.R. 2310. A bill to suspend temporarily the H.R. 933: Mr. MCNULTY and Mr. RAHALL. duty on certain ion-exchange resin; to the PRIVATE BILLS AND H.R. 961: Mr. ABERCROMBIE, Mr. BROWN of Committee on Ways and Means. RESOLUTIONS Ohio, Mr. CLAY, Mrs. CLAYTON, Mr. H.R. 2311. A bill to suspend temporarily the Under clause 3 of rule XII, CUMMINGS, Mr. ENGEL, Mr. LIPINSKI, Mr. duty on certain ion-exchange resin; to the NADLER, Ms. WATERS, Mr. BARRETT of Wis- Committee on Ways and Means. Mr. DICKS introduced a bill (H.R. 2315) for consin, and Ms. LEE. H.R. 2312. A bill to suspend temporarily the the relief of James Mervyn Salmon; which H.R. 976: Mrs. MEEK of Florida, Mr. DAVIS duty on certain ion-exchange resin; to the was referred to the Committee on the Judici- of Illinois, Mr. MARTINEZ, and Ms. WOOLSEY. Committee on Ways and Means. ary. H.R. 977: Mr. ROMERO-BARCELO and Mrs. By Mr. TRAFICANT: f MYRICK. H.R. 2313. A bill to restrict United States H.R. 985: Mr. BURR of North Carolina. assistance for reconstruction efforts in ADDITIONAL SPONSORS H.R. 1041: Mr. SIMPSON. Kosova to United States-produced articles Under clause 7 of rule XII, sponsors H.R. 1063: Mr. CONYERS, Mr. HINCHEY, and and services; to the Committee on Inter- were added to public bills and resolu- Mr. MCNULTY. national Relations. H.R. 1068: Mr. GILCHREST, Mr. DEUTSCH, By Mr. WHITFIELD (for himself, Mr. tions as follows: and Mr. WYNN. LEWIS of Kentucky, Mrs. NORTHUP, H.R. 36: Mr. GEPHARDT, Mr. LIPINSKI, Mr. H.R. 1071: Mr. BRADY of Pennsylvania, Mr. Mr. LUCAS of Kentucky, Mr. ROGERS, MATSUI, Mr. LEVIN, Mrs. NAPOLITANO, and MEEHAN, Mr. LEVIN, Mr. THOMPSON of Mis- Mr. FLETCHER, Mr. NEY, Mr. Mr. BARRETT of Wisconsin. sissippi, Mr. TOWNS, Ms. LEE, and Mr. MCINTOSH, Mr. HILLEARY, and Mr. H.R. 53: Mr. KUYKENDALL. MALONEY of Connecticut. BRYANT): H.R. 65: Mr. CUNNINGHAM. H.R. 1079: Mr. STRICKLAND and Mr. OLVER. H.R. 2314. A bill to amend the Clean Air H.R. 110: Mr. SNYDER. H.R. 1082: Ms. MCCARTHY of Missouri. Act to exclude beverage alcohol compounds H.R. 116: Mr. BISHOP. H.R. 1083: Mr. LUCAS of Kentucky. emitted from aging warehouses from the def- H.R. 125: Mr. GREEN of Texas, Mrs. MCCAR- H.R. 1095: Mr. WAXMAN, Mr. GEJDENSON, inition of volatile organic compounds; to the THY of New York, Mr. WEINER, and Mr. Ms. KILPATRICK, Mr. WEINER, Mr. FATTAH, Committee on Commerce. TOWNS. Mr. KILDEE, Mr. CAMPBELL, Mr. UDALL of By Mr. TOWNS: H.R. 131: Mr. ROMERO-BARCELO. Colorado, Mr. DAVIS of Illinois, and Mr. H. Con. Res. 138. Concurrent resolution ex- H.R. 135: Ms. SLAUGHTER. MEEKS of New York. pressing the sense of the Congress con- H.R. 225: Mr. BROWN of California, Mr. H.R. 1102: Mr. CRANE, Mr. BAIRD, and Mr. cerning the adverse impact of the current ad- JOHN, Mr. LUCAS of Kentucky, Ms. KIL- THOMPSON of California. ministration Medicare payment policy for PATRICK, Mrs. MORELLA, Mr. UDALL of Colo- H.R. 1108: Mr. CAMP. noninvasive positive pressure ventilators on rado, Mr. SHERMAN, Mr. PETERSON of Penn- H.R. 1109: Mr. BARCIA. individuals with severe respiratory diseases; sylvania, Mr. PRICE of North Carolina, and H.R. 1130: Ms. WOOLSEY. to the Committee on Commerce, and in addi- Mrs. MINK of Hawaii. H.R. 1175: Mr. CAMPBELL, Mr. FORD, Mr. tion to the Committee on Ways and Means, H.R. 226: Mr. ENGEL and Mr. BARCIA. HALL of Ohio, Mr. KING, Mr. MALONEY of

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Connecticut, Mr. OLVER, Mr. TIERNEY, Ms. H.R. 2066: Mr. DICKEY, Mr. MORAN of Kan- H.R. 1658 STABENOW, and Mr. VENTO. sas, Mrs. EMERSON, Mr. SHOWS, Mr. MCHUGH, OFFERED BY: MR. GILMAN H.R. 1214: Mr. CAPUANO and Mr. CRAMER. and Mr. COOKSEY. AMENDMENT NO. 3: Page 15, insert after line H.R. 1222: Mr. CHAMBLISS and Mr. OBER- H.R. 2077: Mr. OLVER, Mrs. TAUSCHER, and 8 the following: STAR EXLER . Mr. W . SEC. 7. CIVIL FORFEITURE FOR PASSPORT AND H.R. 1237: Mr. GOSS. H.R. 2096: Mr. THOMPSON of Mississippi, Mr. VISA RELATED OFFENSES. H.R. 1244: Mr. TERRY and Mr. ROEMER. BRADY of Pennsylvania, Mr. TOWNS, Mr. Section 981 of title 18, United States Code, H.R. 1248: Mr. MCDERMOTT. OWENS, and Mrs. MCCARTHY of New York. is amended— H.R. 1250: Mr. GONZALEZ. H.R. 2116: Mr. COOKSEY and Mr. RODRIQUEZ. (1) in subsection (a)(1), by inserting after H.R. 1256: Mr. BOUCHER and Mr. SWEENEY. H.R. 2136: Mr. CHAMBLISS and Mr. CAL- subparagraph (F) the following: H.R. 1276: Mr. WAXMAN. LAHAN. ‘‘(G) Any property, real of personal— H.R. 1281: Mr. HASTINGS of Washington and H.R. 2175: Mr. FROST. ‘‘(i) used, or intended to be used, in com- H.R. 2216: Mr. DELAHUNT, Ms. KILPATRICK, Mr. RILEY. mitting or facilitating the commission of, or Mr. MEEHAN, Mr. HOBSON, Mrs. NORTHUP, and H.R. 1286: Mr. CAPUANO. ‘‘(ii) constituting, derived from, or trace- H.R. 1292: Mr. TIERNEY. Mr. KASICH. able to any proceeds obtained, directly or in- H.R. 1293: Ms. SANCHEZ and Mr. BORSKI. H.R. 2243: Mr. CAMPBELL. directly, from, H.R. 1304: Ms. MCCARTHY of Missouri, Mr. H.R. 2260: Mr. BARTLETT of Maryland and PRICE of North Carolina, Mr. ISAKSON, Mr. Mr. CALVERT. an offense or conspiracy to commit an of- MASCARA and Mr. SCOTT. H.R. 2265: Mr. BONIOR, Mr. FORBES, Mr. fense under section 1541, 1542, 1543, 1544, or H.R. 1315: Mr. ROGAN. DELAHUNT, Mr. PAUL, Mr. FATTAH, Mr. MAT- 1546 of this title of an offense, or conspiracy H.R. 1355: Mr. STUPAK. SUI, Mr. STARK, Mr. DOYLE, Mr. CONYERS, Mr. to commit an offense under section 1028 of H.R. 1358: Mrs. BONO and Mr. FILNER. BORSKI, and Mr. THOMPSON of Mississippi. this title, if either conspiracy or offense was H.R. 1366: Mr. POMBO, Mr. BEREUTER, and H.R. 2282: Mr. SHOWS. committed in connection with passport or Mr. SHOWS. H.R. 2283: Mr. GILCHREST and Ms. BROWN of visa issuance.’’; and H.R. 1381: Mr. HILLEARY, Mr. BARRETT of Florida. (2) in subsection (b)(1)— Nebraska, and Mr. BOEHNER. H.J. Res. 35: Mr. GOODLATTE. ‘‘(C) subject to forfeiture to the United H.R. 1399: Mr. CAPUANO, Ms. WOOLSEY, Mr. H.J. Res. 43: Mr. GOODLATTE. States under subsection (a)(1)(G) of this sec- RANGEL, and Mr. ENGEL. H.J. Res. 55: Mr. SMITH of Michigan. tion in a case investigated by the Secretary H.R. 1433: Mr. TANNER and Mrs. CUBIN. H. Con. Res. 60: Mr. LAHOOD, Ms. HOOLEY of of State may be seized by the Secretary of H.R. 1469: Mrs. EMERSON. Oregon, Ms. LEE, and Mr. DAVIS of Florida. State.’’; H.R. 1485: Mr. ENGEL, Mr. WEINER, and Mr. H. Con. Res. 74: Ms. KILPATRICK. (3) by striking ‘‘the Attorney General, the NADLER. H. Con. Res. 77: Ms. HOOLEY of Oregon and Secretary of the Treasury, or the Postal H.R. 1505: Mr. BROWN of Ohio and Mr. Mr. GEJDENSON. Service’’ each place it appears (other than in PITTS. H. Con. Res. 107: Mr. NORWOOD. subsection (b)(1)(C)) and inserting ‘‘the At- H.R. 1568: Mr. BROWN of Ohio, Mr. BISHOP, H. Con. Res. 113: Mr. THOMPSON of Mis- torney General, the Secretary of the Treas- Mr. REYES, Mr. SANDERS, Mr. BUYER, Mr. sissippi. ury, the Postal Service, or the Secretary of BAKER, Mr. LAHOOD, Mr. PETERSON of Min- H. Con. Res. 124: Mr. ACKERMAN, Mr State’’; nesota, Mr. PASTOR, Mr. GREEN of Texas, Mr. DEFAZIO, Mr. HINCHEY, and Mr. HASTINGS of (4) in subsection (i), by striking ‘‘the At- COMBEST, Mr. CUMMINGS, Mrs. MYRICK, Mr. Florida. torney General or the Secretary of the FORBES, Mr. HILL of Montana, Mr. DOOLEY of H. Con. Res. 130: Mr. MALONEY of Con- Treasury’’ each place it appears and insert- California, Mr. DEMINT, and Mrs. necticut, Mr. EVANS, Mrs. CLAYTON, and Mr. ing ‘‘Attorney General, Secretary of the NAPOLITANO. STUPAK. Treasury, or the Secretary of State; H.R. 1592: Mr. ISAKSON and Mr. STEARNS. H. Res. 89: Mr. FORBES. (5) in subsection (j)— H.R. 1595: Mr. SHAYS. H. Res. 169: Mr. LUTHER. (A) by striking ‘‘and’’ at the end of sub- H. Res. 187: Ms. ROS-LEHTINEN, Mr. MCNUL- H.R. 1598: Mr. CHAMBLISS, Mr. PICKERING, paragraph (A); TY, and Mr. FARR of California. Mr. COLLINS, Mrs. JOHNSON of Connecticut, (B) by striking the period at the end of H. Res. 211: Mrs. JOHNSON of Connecticut, and Mr. NEY. subparagraph (B) and inserting ‘‘; and’’; and Ms. PRYCE of Ohio, Mr. SPENCE, Mr. MAR- H.R. 1644: Mrs. NAPOLITANO, Mr. WATT of (C) by adding at the end the following: TINEZ, Mr. JENKINS, and Mr. GIBBONS. North Carolina, Mr. OBEY, Mr. DICKS, Mr. ‘‘(3) the term ‘Secretary of State’ means H. Res. 212: Mr. SHERMAN, Mr. RUSH, Ms. WEINER, Ms. CARSON, and Mr. GREENWOOD. the Secretary of State or the Secretary’s del- SCHAKOWSKY, and Mrs. MALONEY of New H.R. 1691: Mr. COBURN, Mr. HALL of Ohio, egate.’’; and York. and Mr. WALDEN of Oregon. (6) by adding after subsection (j) the fol- H.R. 1702: Mr. THOMPSON of Mississippi, Ms. f lowing: LEE, and Mr. GUTIERREZ. DELETIONS OF SPONSORS FROM ‘‘(k) Notwithstanding any other provision H.R. 1739: Mr. PALLONE. of law, at the discretion of the Secretary of H.R. 1764: Ms. KAPTUR. PUBLIC BILLS AND RESOLUTIONS State and the Attorney General, property H.R. 1812: Mr. ACKERMAN. Under clause 7 of rule XII, sponsors forfeited pursuant to a law enforced or ad- H.R. 1814: Mr. HASTINGS of Washington, Mr. were deleted from public bills and reso- ministered by a Department of State law en- ANDREWS, Mr. TANNER, Mr. STUMP, Mr. lutions as follows: forcement component may be deemed for- GOODE, Mr. PETERSON of Pennsylvania, Mr. feited pursuant to a law enforced or adminis- H.R. 804: Mr. FOLEY. HOBSON, Mr. PRICE of North Carolina, Mr. tered by a Department of Justice law en- H.R. 815: Mr. CONYERS. CLEMENT, Mr. ROGAN, Mr. COMBEST, and Mr. forcement component.’’. H.R. 987: Mr. TRAFICANT. LIPINSKI. H.R. 1658 f H.R. 1824: Mr. HILL of Montana. OFFERED BY: MR. HUTCHINSON H.R. 1827: Mr. SCHAFFER and Mr. LAZIO. AMENDMENTS AMENDMENT NO. 4: Page 2, line 12, strike H.R. 1838: Mr. EHRLICH, Mrs. MYRICK, Mr. ‘‘(A)’’. GARY MILLER of California, Mr. ENGLISH, Mr. Under clause 8 of rule XVIII, pro- BLILEY, Mrs. MORELLA, Mr. CRANE, Mr. posed amendments were submitted as Page 3, strike lines 1 through 8. HEFLEY, and Mr. DEAL of Georgia. follows: Page 15, insert after line 8 the following: H.R. 1842: Mr. REYES, Mr. INSLEE, and Mr. H.R. 1658 SEC. 7. CHALLENGES TO ADMINISTRATIVE FOR- SKELTON. FEITURES. OFFERED BY: MR. GILMAN H.R. 1861: Mr. NUSSLE. Section 981 of title 18, United States Code, H.R. 1862: Mr. HOLDEN. AMENDMENT NO. 1: Page 6, line 5 insert be- is amended by adding at the end the fol- H.R. 1871: Mr. DIAZ-BALART, Mr. CAPUANO, fore the semicolon the following: lowing: and Mr. ROMERO-BARCELO. ‘‘, was not willfully blind to such conduct, ‘‘(l) CHALLENGES TO ADMINISTRATIVE FOR- H.R. 1874: Mr. METCALF and Mr. SOUDER. and did not demonstrate a deliberate indif- FEITURES.— H.R. 1884: Mr. ROMERO-BARCELO. ference to such conduct’’. (1) Any motion to set aside a declaration of H.R. 1932: Ms. DELAURO. H.R. 1658 forfeiture entered pursuant to section 609 of H.R. 1967: Ms. WOOLSEY. the Tariff Act of 1930 (19 U.S.C. 1609), as in- OFFERED BY: MR. GILMAN H.R. 1990: Mrs. MYRICK, Ms. KILPATRICK, corporated by subsection (d), must be filed Mr. DUNCAN, and Mr. MCINNIS. AMENDMENT NO. 2: Page 6, line 5 insert be- not later than 2 years after the entry of the H.R. 2028: Mr. ARMEY and Mr. MCNULTY. fore the semicolon the following: declaration of forfeiture. Such motion shall H.R. 2038: Mr. SHAW. ‘‘, was not willfully blind to such conduct, or be granted if— H.R. 2056: Mr. HAYWORTH, Mr. COOK, Mr. did not consent or was not privy to such con- ‘‘(A) the moving party had an ownership or SAXTON, and Mr. SHOWS. duct’’. possessory interest in the forfeited property,

VerDate jul 14 2003 14:20 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00072 Fmt 0688 Sfmt 0634 E:\BR99\H22JN9.002 H22JN9 13888 CONGRESSIONAL RECORD—HOUSE June 22, 1999 and the Government failed to take reason- be expected to terminate or to prevent such SEC. 7. RETURN OF SEIZED PROPERTY. able steps to provide such party with notice use of the property. Section 981 of title 18, United States Code, of the forfeiture; and ‘‘(2) With respect to a property interest ac- is amended by adding the following at the ‘‘(B) the moving party did not have actual quired after the act, giving rise to the for- end: notice of the seizure within sufficient time feiture, took place, a person is an innocent ‘‘(k)(1) SUPPRESSION OF EVIDENCE.—A party to file a claim within the time period pro- owner if the person establishes, by a prepon- with standing to challenge a seizure and for- vided by law. derance of the evidence, that the person ac- feiture under this section may move to sup- ‘‘(2) If the court grants a motion made quired the property as a bona fide purchaser press the use of the property as evidence on under paragraph (1), it shall set aside the for value who at the time of the purchase did the ground that the Government lacked declaration of forfeiture as to the moving not know and was reasonably without cause probable cause at the time of the seizure. party’s interest pending forfeiture pro- to believe that the property was subject to Suppression of the property as evidence shall ceedings in accordance with section 602 et forfeiture. A purchaser is ‘reasonably with- not affect the right of the Government to seq. of the Tariff Act of 1930 (19 U.S.C. 1602 et out cause to believe that the property was proceed with a forfeiture action based on seq.), which proceedings shall be instituted subject to forfeiture’ if, in light of the cir- independently derived evidence. within 60 days of the entry of the order cumstances, the purchaser did all that rea- ‘‘(2) RETURN OF SEIZED PROPERTY.—A per- granting the motion. sonably could be expected to ensure that he son with standing to challenge the forfeiture ‘‘(3) If, at the time a motion made under or she was not acquiring property that was of property seized under this section may file this paragraph (1) is granted, the forfeited subject to forfeiture. a motion for the return of the property in property has been disposed of by the Govern- ‘‘(3) Notwithstanding any provision of this the manner described in Rule 41(e), Federal ment in accordance with law, the Govern- section, no person may assert an ownership Rule of Criminal Procedure. If such motion ment shall institute forfeiture proceedings interest under this section in contraband or is filed, the court shall conduct a hearing under paragraph (2) against a substitute sum other property that it is illegal to possess. In within 90 days and shall order the release of of money equal to the value of the forfeited addition, except as set forth in paragraph (2), the property, pending trial on the forfeiture property at the time it was disposed of, plus no person may assert an ownership interest and the entry of judgment, unless— interest. under this section in the illegal proceeds of ‘‘(A) the Government establishes probable ‘‘(4) The institution of forfeiture pro- a criminal act, irrespective of State property cause to believe that the property is subject ceedings under paragraph (2) shall not be law. to forfeiture, based on all information avail- barred by the expiration of the statute of able to the Government at the time of the ‘‘(c) For the purposes of this section— limitations under section 621 of the Tariff hearing; ‘‘(1) an ‘owner’ is a person with an owner- Act of 1930 (19 U.S.C. 1621) if the original pub- ‘‘(B) the Government has filed a civil for- ship interest in the specific property sought lication of notice was initiated before the ex- feiture complaint against the property, and a to be forfeited, including but not limited to piration of such limitations period. magistrate judge has determined there is a lien, mortgage, recorded security device or ‘‘(5) A motion made under this subsection probable cause for the issuance of a warrant valid assignment of an ownership interest. shall be the exclusive means of obtaining ju- of arrest in rem pursuant to the Supple- An owner does not include— dicial review of a declaration of forfeiture mental Rules for Admiralty and Maritime ‘‘(A) a person with only a general unse- entered by a seizing agency. Claims; cured interest in, or claim against, the prop- ‘‘(6) This subsection shall apply to any ad- ‘‘(C) a grand jury has returned an indict- erty or estate of another person; ministrative forfeiture under this section, ment that includes an allegation that the ‘‘(B) a bailee, unless the bailor is identi- and to any administrative forfeiture under property is subject to criminal forfeiture; fied, and the bailor has authorized the bailee the Controlled Substances Act, or under any ‘‘(D) the person filing the motion had no- to claim in the forfeiture proceeding, pursu- other provision of law that incorporates the tice of the Government’s intent to forfeit the ant to the Supplemental Rules for provisions of the customs laws.’’ property administratively pursuant to 19 Admirality and Maritime Claims; U.S.C. 1608, and failed to file a claim to the H.R. 1658 ‘‘(C) a nominee who exercises no dominion property within the specified time period; OFFERED BY: MR. HUTCHINSON or control over the property; or ‘‘(E) the property is contraband or other ‘‘(D) a beneficiary of a constructive trust; AMENDMENT NO. 5: Page 4, strike line 23 property that the moving party may not le- and and all that follows through line 16 on page gally possess; or ‘‘(2) a person shall be considered to have 5 and redesignate paragraphs (5), (6), (7), and ‘‘(F) the property is needed as evidence in known that his or her property was being (8) as paragraphs (4), (5), (6), and (7), respec- a criminal investigation or prosecution.’’. used or was likely to be used in the commis- tively. ‘‘(3) COMPLAINT; MOTION TO DISMISS.—A sion of an illegal act if the government es- H.R. 1658 party with standing to challenge a forfeiture tablishes the existence of facts and cir- under this section may move to dismiss the OFFERED BY: MR. HUTCHINSON cumstances that should have created a rea- complaint for failure to comply with Rule AMENDMENT NO. 6: Page 5, line 20, strike sonable suspicion that the property was E(2) of the Supplemental Rules, or on any ‘‘by clear and convincing evidence’’ and in- being or would be used for an illegal purpose. other ground set forth in Rule 12(b) of the sert ‘‘by a preponderance of the evidence’’. ‘‘(d) If the court determines, in accordance Federal Rules of Civil Procedure. Notwith- H.R. 1658 with this section, that an innocent owner standing the provision of section 615 of the OFFERED BY: MR. HUTCHINSON has a partial interest in property otherwise Tariff Act of 1930 (19 U.S.C. 1615), a party subject to forfeiture, or a joint tenancy or AMENDMENT NO. 7: Page 5, strike line 22 may not move to dismiss the complaint on tenancy by the entirety in such property, the the ground that the evidence in the posses- and all that follows through line 5 on page 9. court shall enter an appropriate order— Page 15, after line 8 insert the following: sion of the Government at the time it filed ‘‘(1) serving the property; its complaint was insufficient to establish SEC. 7. INNOCENT OWNER DEFENSE. ‘‘(2) transferring the property to the gov- the forfeitability of the property. (a) IN GENERAL.—Chapter 46 of title 18, ernment with a provision that the govern- United States Code, is amended by inserting ment compensate the innocent owner to the H.R. 1658 after section 982 the following: extent of his or her ownership interest once OFFERED BY: MR. HUTCHINSON ‘‘§ 983. Innocent owners a final order of forfeiture has been entered AMENDMENT NO. 9: Page 14, strike line 20 ‘‘(a) An innocent owner’s interest in prop- and the property has been reduced to liquid and all that follows through line 8 on page erty shall be forfeited in any judicial action assets, or if neither (1) or (2) is reasonably 15. under any civil forfeiture provision of this practical under all of the circumstances; and Page 15, insert after line 8 the following: title, the Controlled Substances Act, or the ‘‘(3) permitting the innocent owner to re- SEC. 6. APPLICABILITY. Immigration and Naturalization Act of 1952. tain the property subject to a lien in favor of (a) IN GENERAL.—Unless otherwise speci- ‘‘(b)(1) With respect to a property interest the government to the extent of the forfeit- fied in this Act, the amendments made by in existence at the time the illegal act giv- able interest in the property. To effectuate this Act apply to forfeiture proceedings coming rise to forfeiture took place, a person is the purposes of this subsection, a joint ten- menced on or after the date of the enactment an innocent owner if the person establishes, ancy or tenancy by the entireties shall be of this Act. by a preponderance of the evidence— converted to a tenancy in common by order (b) ADMINISTRATIVE FORFEITURES.—The ‘‘(A) that the person did not know that the of the court, irrespective of State law.’’. amendments in this Act relating to seizures property was being used or was likely to be H.R. 1658 and administrative forfeitures shall apply to used in the commission of such illegal act, or seizures and forfeitures occurring on or after OFFERED BY: MR. HUTCHINSON ‘‘(B) that upon learning that the property the 60th day after the date of the enactment was being used or was likely to be used in AMENDMENT NO. 8: Page 9, strike line 6 and of this Act. the commission of such illegal act, the per- all that follows through line 2 on page 11. (c) CIVIL JUDICIAL FORFEITURES.—The son promptly did all that reasonably could Page 15, insert after line 8 the following: amendments in this Act relating to judicial

VerDate jul 14 2003 14:20 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00073 Fmt 0688 Sfmt 0634 E:\BR99\H22JN9.002 H22JN9 June 22, 1999 CONGRESSIONAL RECORD—HOUSE 13889 procedures applicable once a civil forfeiture eral Rules of Criminal Procedure) in any district where venue for a forfeiture action complaint is filed by the Government shall trict where venue for a forfeiture action would lie under section 1355(b) of title 28 for apply to all cases in which the forfeiture would lie under section 1355(b) of title 28 for an extension of time in which to comply complaint is filed on or after the date of the an extension of time in which to comply with paragraph (1). Such an extension shall enactment of this Act. with paragraph (1)(A). Such an extension be granted based on a showing of good cause. H.R. 1658 shall be granted based on a showing of good ‘‘(3) Upon the filing of a civil complaint, cause. the claimant shall file a claim and answer in OFFERED BY: MR. HUTCHINSON ‘‘(3) A person with an ownership or accordance with the Supplemental Rules for AMENDMENT NO. 10: Page 15, insert after possessory interest in the seized article who Certain Admiralty and Maritime Claims. line 8 the following: failed to file a claim within the time period ‘‘(d) APPOINTMENT OF COUNSEL.—(1) If the SEC. 8. FUGITIVE DISENTITLEMENT. prescribed in subsection (b) may, on motion person filing a claim is financially unable to (a) IN GENERAL.—Chapter 163 of title 28, made not later than 2 years after the date of obtain representation by counsel and re- United States Code, is amended by inserting final publication of notice of seizure of the quests that counsel be appointed, the court the following at the end. property, move to set aside a declaration of may appoint counsel to represent that per- ‘‘§ 2467. Fugitive disentitlement forfeiture entered pursuant to section 609 of son with respect to the claim. In deter- ‘‘Any person who, in order to avoid crimi- the Tariff Act of 1930 (19 U.S.C. 1609). Such mining whether to appoint counsel to rep- nal prosecution, purposely leaves the juris- motion shall be granted if— resent the person filing the claim, the court diction of the United States, declines to ‘‘(A) the Government failed to take reason- shall take into account— enter or re-enter the United States to submit able steps to provide the claimant with no- ‘‘(A) the nature and value of the property to its jurisdiction, or otherwise evades the tice of the forfeiture; and subject to forfeiture, including the hardship jurisdiction of the court where a criminal ‘‘(B) the person otherwise had no actual to the claimant from the loss of the property case is pending against the person, may not notice of the seizure within sufficient time seized, compared to the expense of appoint- use the resources of the courts of the United to enable the person to file a timely claim ing counsel; States in furtherance of a claim in any re- under subsection (b). ‘‘(B) the claimant’s standing to contest the lated civil forfeiture action.’’ ‘‘(4) If the court grants a motion made forfeiture; and (b) CONFORMING AMENDMENT.—The chapter under paragraph (3), it shall set aside the ‘‘(C) whether the claim appears to be made analysis for chapter 163 of title 28, United declaration of forfeiture as to the moving in good faith or to be frivolous. States Code, is amended by inserting the fol- party’s interest pending forfeiture pro- ‘‘(2) The court shall set the compensation lowing at the end: ceedings in accordance with section 602 et for that representation, which shall be the seq. of the Tariff Act of 1930 (19 U.S.C. 1602 et equivalent to that provided for court-ap- ‘‘2467. Fugitive disentitlement’’. seq.), which proceedings shall be instituted pointed representation under section 3006A H.R. 1658 within 60 days of the entry of the order of this title, and to pay such cost, there are OFFERED BY: MR. HUTCHINSON granting the motion. authorized to be appropriated such sums as [Amendment in the Nature of a Substitute] ‘‘(5) If, at the time a motion under this are necessary as an addition to the funds subsection is granted, the forfeited property otherwise appropriated for the appointment AMENDMENT NO. 11: Strike all after the enacting clause and insert the following: has been disposed of by the Government in of counsel under such section. accordance with law, the Government shall ‘‘(3) The determination of whether to ap- SECTION 1. SHORT TITLE AND TABLE OF CON- institute forfeiture proceedings under para- point counsel under this subsection shall be TENTS. graph (4). The property which will be the made following a hearing at which the Gov- (a) SHORT TITLE.—This Act may be cited as subject of the forfeiture proceedings insti- ernment shall have an opportunity to the ‘‘Civil Asset Forfeiture Reform Act’’. tuted under paragraph (4) shall be a sum of present evidence and examine the claimant. (b) TABLE OF CONTENTS.—The table of con- money equal to the value of the forfeited The testimony of the claimant at such hear- tents of this Act is as follows: property at the time it was disposed of plus ing shall not be admitted in any other pro- Sec. 1. Short title and table of contents. interest. ceeding except in accordance with the rules Sec. 2. Creation of general rules relating to ‘‘(6) The institution of forfeiture pro- which govern the admissibility of testimony civil forfeiture proceedings. ceedings under paragraph (4) shall not be adduced in a hearing on a motion to suppress Sec. 3. Compensation for damage to seized barred by the expiration of the statute of evidence. Nothing in this paragraph shall be property. limitations under section 621 of the Tariff construed to prohibit the admission of any Sec. 4. Prejudgment and postjudgment in- Act of 1930 (19 U.S.C. 1621) if the original pub- evidence that may be obtained in the course terest. lication of notice was completed before the of civil discovery in the forfeiture proceeding SEC. 2. CREATION OF GENERAL RULES RELATING expiration of such limitations period. or through any other lawful investigative TO CIVIL FORFEITURE PRO- ‘‘(7) A motion made under this subsection means. CEEDINGS. shall be the exclusive means of obtaining ju- ‘‘(e) BURDEN OF PROOF.—In all suits or ac- (a) IN GENERAL.—Chapter 46 of title 18, dicial review of a declaration of forfeiture tions brought for the civil forfeiture of any United States Code, is amended by inserting entered by a seizing agency. property, the burden of proof at trial is on the following new section after section 982: ‘‘(b) FILING A CLAIM.—(1) Any person claim- the United States to establish, by a prepon- ‘‘§ 983. Civil forfeiture procedures ing such seized property may file a claim derance of the evidence, that the property is ‘‘(a) ADMINISTRATIVE FORFEITURES.—(1)(A) with the appropriate official after the sei- subject to forfeiture. If the Government In any nonjudicial civil forfeiture proceeding zure. proves that the property is subject to for- under a civil forfeiture statute, with respect ‘‘(2) A claim under paragraph (1) may not feiture, the claimant shall have the burden to which the agency conducting a seizure of be filed later than 30 days after— of establishing any affirmative defense by a property must send written notice of the sei- ‘‘(A) the date of final publication of notice preponderance of the evidence. zure under section 607(a) of the Tariff Act of of seizure; or ‘‘(f) INNOCENT OWNERS.—(1) An innocent 1930 (19 U.S.C. 1607(a)), such notice together ‘‘(B) in the case of a person receiving writ- owner’s interest in property shall not be for- with information on the applicable proce- ten notice, the date that such notice is re- feited in any civil forfeiture action. dures shall be sent not later than 60 days ceived. ‘‘(2) With respect to a property interest in after the seizure to each party known to the ‘‘(3) The claim shall set forth the nature existence at the time the illegal conduct giv- seizing agency at the time of the seizure to and extent of the claimant’s interest in the ing rise to the forfeiture took place, the have an ownership or possessory interest, in- property. term ‘innocent owner’ means an owner who— cluding a lienholder’s interest, in the seized ‘‘(c) FILING A COMPLAINT.—(1) In cases ‘‘(A) did not know of the conduct giving article. If a party’s identity or interest is not where property has been seized or restrained rise to the forfeiture; or determined until after the seizure but is de- by the Government and a claim has been ‘‘(B) upon learning of the conduct giving termined before a declaration of forfeiture is filed, the Attorney General shall file a com- rise to the forfeiture, did all that reasonably entered, such written notice and information plaint for forfeiture in the appropriate court could be expected under the circumstances shall be sent to such interested party not in the manner set forth in the Supplemental to terminate such use of the property. later than 60 days after the seizing agency’s Rules for Certain Admiralty and Maritime ‘‘(3)(A) With respect to a property interest determination of the identity of the party or Claims not later than 90 days after the claim acquired after the conduct giving rise to the the party’s interest. was filed, or return the property pending the forfeiture has taken place, the term ‘inno- ‘‘(B) If the Government does not provide filing of a complaint. By mutual agreement cent owner’ means a person who, at the time notice of a seizure of property in accordance between the Government and the claimants, that person acquired the interest in the with subparagraph (A), it shall return the the 90-day filing requirement may be waived. property, was a bona fide purchaser for value property pending the giving of such notice. ‘‘(2) The Government may apply to a Fed- and was at the time of the purchase reason- ‘‘(2) The Government may apply to a Fed- eral magistrate judge (as defined in the Fed- ably without cause to believe that the prop- eral magistrate judge (as defined in the Fed- eral Rules of Criminal Procedure) in any dis- erty was subject to forfeiture.

VerDate jul 14 2003 14:20 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00074 Fmt 0688 Sfmt 0634 E:\BR99\H22JN9.002 H22JN9 13890 CONGRESSIONAL RECORD—HOUSE June 22, 1999 ‘‘(B) Except as provided in paragraph (4), ‘‘(7) If the court determines, in accordance evidence at a hearing conducted in the man- where the property subject to forfeiture is with this subsection, that an innocent owner ner provided in Rule 43(e), Federal Rules of real property, and the claimant uses the had a partial interest in property otherwise Civil Procedure, by the Court without a jury. property as his or her primary residence and subject to forfeiture, or a joint tenancy or If the court determines that the forfeiture is is the spouse or minor child of the person tenancy by the entirety in such property, the excessive, it shall adjust the forfeiture to the who committed the offense giving rise to the court shall enter an appropriate order— extent necessary to avoid the Constitutional forfeiture, an otherwise valid innocent owner ‘‘(A) severing the property; violation. claim shall not be denied on the ground that ‘‘(B) transferring the property to the Gov- ‘‘(2) The claimant may not object to the the claimant acquired the interest in the ernment with a provision that the Govern- forfeiture on Eighth Amendment grounds property— ment compensate the innocent owner to the other than as set forth in paragraph (1), ex- ‘‘(i) in the case of a spouse, through dis- extent of his or her ownership interest once cept that a claimant may, at any time, file solution of marriage or by operation of law, a final order of forfeiture has been entered a motion for summary judgment asserting or and the property has been reduced to liquid that even if the property is subject to for- ‘‘(ii) in the case of a minor child, as an in- assets; or feiture, the forfeiture would be excessive. heritance upon the death of a parent, ‘‘(C) permitting the innocent owner to re- The court shall rule on such motion for sum- and not through a purchase. However, the tain the property subject to a lien in favor of mary judgment only after the Government claimant must establish, in accordance with the Government, to the extent of the forfeit- has had an opportunity— subparagraph (A), that at the time of the ac- able interest in the property, that will per- ‘‘(A) to conduct full discovery on the quisition of the property interest, the claim- mit the Government to realize its forfeitable Eighth Amendment issue; and ant was reasonably without cause to believe interest if the property is transferred to an- ‘‘(B) to place such evidence as may be rel- that the property was subject to forfeiture, other person. evant to the excessive fines determination and was an owner of the property, as defined before the court in affidavits or at an evi- To effectuate the purposes of this subsection, in paragraph (6). dentiary hearing. ‘‘(4) Notwithstanding any provision of this a joint tenancy or tenancy by the entireties ‘‘(l) PRE-DISCOVERY STANDARD.—In a judi- section, no person may assert an ownership shall be converted to a tenancy in common cial proceeding on the forfeiture of property, interest under this section— by order of the court, irrespective of state the Government shall not be required to es- ‘‘(A) in contraband or other property that law. tablish the forfeitability of the property be- it is illegal to possess; or ‘‘(8) An innocent owner defense under this fore the completion of discovery pursuant to ‘‘(B) in the illegal proceeds of a criminal subsection is an affirmative defense. the Federal Rules of Civil Procedure, par- act unless such person was a bona fide pur- ‘‘(g) MOTION TO SUPPRESS SEIZED EVI- ticularly Rule 56(f) as may be ordered by the chaser for value who was reasonably without DENCE.—At any time after a claim and an- court or if no discovery is ordered before cause to believe that the property was sub- swer are filed in a judicial forfeiture pro- trial. ject to forfeiture. ceeding, a claimant with standing to contest ‘‘(m) APPLICABILITY.—The procedures set ‘‘(5) For the purposes of paragraph (2) of the seizure of the property may move to sup- forth in this section apply to any civil for- this subsection a person does all that reason- press the fruits of the seizure in accordance feiture action brought under any provision of ably can be expected if the person takes all with the normal rules regarding the suppres- this title, the Controlled Substances Act, or steps that a reasonable person would take in sion of illegally seized evidence. If the claim- the Immigration and Naturalization Act.’’. the circumstances to prevent or terminate ant prevails on such motion, the fruits of the (b) RELEASE OF PROPERTY.—Chapter 46 of the illegal use of the person’s property. seizure shall not be admitted into evidence title 18, United States Code, is amended to There is a rebuttable presumption that a as to that claimant at the forfeiture trial. add the following section after section 984: property owner took all the steps that a rea- However, a finding that evidence should be ‘‘§ 985. Release of property to avoid hardship sonable person would take if the property suppressed shall not bar the forfeiture of the ‘‘(a) A person who has filed a claim under owner— property based on evidence obtained inde- section 983 is entitled to release pursuant to ‘‘(A) gave timely notice to an appropriate pendently before or after the seizure. subsection (b) of seized property pending law enforcement agency of information that ‘‘(h) USE OF HEARSAY AT PRE-TRIAL HEAR- trial if— led to the claimant to know the conduct giv- INGS.—At any pre-trial hearing under this ‘‘(1) the claimant has a possessory interest ing rise to a forfeiture would occur or has oc- section in which the governing standard is in the property sufficient to establish stand- curred; and probable cause, the court may accept and ing to contest forfeiture and has filed a non- ‘‘(B) in a timely fashion, revoked permis- consider hearsay otherwise inadmissible frivolous claim on the merits of the for- sion for those engaging in such conduct to under the Federal Rules of Evidence. feiture action; use the property or took reasonable steps in ‘‘(i) STIPULATIONS.—Notwithstanding the ‘‘(2) the claimant has sufficient ties to the consultation with a law enforcement agency claimant’s offer to stipulate to the forfeit- community to provide assurance that the to discourage or prevent the illegal use of ability of the property, the Government property will be available at the time of the the property. shall be entitled to present evidence to the trial; The person is not required to take extraor- finder of fact on that issue before the claim- ‘‘(3) the continued possession by the United dinary steps that the person reasonably be- ant presents any evidence in support of any States Government pending the final disposi- lieves would be likely to subject the person affirmative defense. tion of forfeiture proceedings will cause sub- to physical danger. ‘‘(j) PRESERVATION OF PROPERTY SUBJECT stantial hardship to the claimant, such as ‘‘(6) As used in this subsection— TO FORFEITURE.—The court, before or after preventing the claimant from working, leav- ‘‘(A) the term ‘civil forfeiture statute’ the filing of a forfeiture complaint and on ing the claimant homeless, or preventing the means any provision of Federal law (other the application of the Government, may— functioning of a business; than the Tariff Act of 1930 or the Internal ‘‘(1) enter any restraining order or injunc- ‘‘(4) the claimant’s hardship outweighs the Revenue Code of 1986) providing for the for- tion in the manner set forth in section 413(e) risk that the property will be destroyed, feiture of property other than as a sentence of the Controlled Substances Act (21 U.S.C. damaged, lost, concealed, diminished in imposed upon conviction of a criminal of- 853(e)); value or transferred if it is returned to the fense. ‘‘(2) require the execution of satisfactory claimant during the pendency of the pro- ‘‘(B) the term ‘owner’ means a person with performance bonds; ceeding; and an ownership interest in the specific prop- ‘‘(3) create receiverships; ‘‘(5) none of the conditions set forth in sub- erty sought to be forfeited, including a lien, ‘‘(4) appoint conservators, custodians, ap- section (c) applies; mortgage, recorded security device, or valid praisers, accountants or trustees; or ‘‘(b)(1) The claimant may make a request assignment of an ownership interest. Such ‘‘(5) take any other action to seize, secure, for the release of property under this sub- term does not include— maintain, or preserve the availability of section at any time after the claim is filed. ‘‘(i) a person with only a general unsecured property subject to forfeiture under this sec- If, at the time the request is made, the seiz- interest in, or claim against, the property or tion. ing agency has not yet referred the claim to estate of another; ‘‘(k) EXCESSIVE FINES.—(1) At the conclu- a United States Attorney pursuant to sec- ‘‘(ii) a bailee unless the bailor is identified sion of the trial and following the entry of a tion 608 of the Tariff Act of 1930 (19 U.S.C. and the bailee shows a colorable legitimate verdict of forfeiture, or upon the entry of 1608), the request may be filed with the seiz- interest in the property seized; or summary judgment for the Government as to ing agency; otherwise the request must be ‘‘(iii) a nominee who exercises no dominion the forfeitability of the property, the claim- filed with the United States Attorney to or control over the property; ant may petition the court to determine whom the claim was referred. In either case, ‘‘(C) a person shall be considered to have whether the excessive fines clause of the the request must set forth the basis on which known that the person’s property was being Eighth Amendment applies, and if so, wheth- the requirements of subsection (a)(1) are used or was likely to be used in the commis- er forfeiture is excessive. The claimant shall met. sion of an illegal act if the person was will- have the burden of establishing that a for- ‘‘(2) If the seizing agency, or the United fully blind. feiture is excessive by a preponderance of the States Attorney, as the case may be, denies

VerDate jul 14 2003 14:20 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00075 Fmt 0688 Sfmt 0634 E:\BR99\H22JN9.002 H22JN9 June 22, 1999 CONGRESSIONAL RECORD—HOUSE 13891 the request or fails to act on the request (A) in paragraph (1), by striking ‘‘gross re- SEC. 4. PREJUDGMENT AND POSTJUDGMENT IN- within 20 days, the claimant may file the re- ceipts’’ and ‘‘gross proceeds’’ wherever those TEREST. quest as a motion for the return of seized terms appear and inserting ‘‘proceeds’’; and Section 2465 of title 28, United States Code, property in the district court for the district (B) by adding the following after paragraph is amended— represented by the United States Attorney (1): (1) by inserting ‘‘(a)’’ before ‘‘Upon’’; and (2) adding at the end the following: to whom the claim was referred, or if the ‘‘(2) For purposes of paragraph (1), the claim has not yet been referred, in the dis- ‘‘(b) INTEREST.— term ‘proceeds’ means property of any kind trict court that issued the seizure warrant ‘‘(1) POST-JUDGMENT.—Upon entry of judg- obtained, directly or indirectly, as the result for the property, or if no warrant was issued, ment for the claimant in any proceeding to of the commission of the offense giving rise in any district court that would have juris- condemn or forfeit property seized or ar- to forfeiture, and any property traceable diction to consider a motion for the return of rested under any provision of Federal law thereto, and is not limited to the net gain or seized property under Rule 41(e), Federal (other than the Tariff Act of 1930 or the In- profit realized from the commission of the Rules of Criminal Procedure. The motion ternal Revenue Code of 1986) providing for offense. In a case involving the forfeiture of must set forth the basis on which the re- the forfeiture of property other than as a proceeds of a fraud or false claim under para- quirements of subsection (a) have been met sentence imposed upon conviction of a crimi- and the steps the claimant has taken to se- graph (1)(C) involving billing for goods or nal offense, the United States shall be liable cure the release of the property from the ap- services part of which are legitimate and for post-judgment interest as set forth in propriate official. part of which are not legitimate, the court section 1961 of this title. shall allow the claimant a deduction from ‘‘(3) The district court must act on a mo- ‘‘(2) PRE-JUDGMENT.—The United States tion made pursuant to this subsection within the forfeiture for the amount obtained in ex- shall not be liable for prejudgment interest 30 days or as soon thereafter as practicable, change for the legitimate goods or services. in a proceeding under any provision of Fed- and must grant the motion if the claimant In a case involving goods or services pro- eral law (other than the Tariff Act of 1930 or establishes that the requirements of sub- vided by a health care provider, such goods the Internal Revenue Code of 1986) providing section (a) have been met. If the court grants or services are not ‘legitimate’ if they were for the forfeiture of property other than as a the motion, the court must enter any order unnecessary. sentence imposed upon conviction of a crimi- necessary to ensure that the value of the ‘‘(3) For purposes of the provisions of sub- nal offense, except that in cases involving property is maintained while the forfeiture paragraphs (B) through (H) of paragraph (1) currency, other negotiable instruments, or action is pending, including permitting the which provide for the forfeiture of proceeds the proceeds of an interlocutory sale, the inspection, photographing and inventory of of an offense or property traceable thereto, United States shall disgorge to the claimant the property, and the court may take action where the proceeds have been commingled any funds representing— in accordance with Rule E of the Supple- with or invested in real or personal property, ‘‘(A) interest actually paid to the United mental Rules for Certain Admiralty and only the portion of such property derived States from the date of seizure or arrest of Maritime Cases. The Government is author- from the proceeds shall be regarded as prop- the property that resulted from the invest- ized to place a lien against the property or to erty traceable to the forfeitable proceeds. ment of the property in an interest-bearing file a lis pendens to ensure that it is not Where the proceeds of the offense have been account or instrument; and transferred to another person. invested in real or personal property that ‘‘(B) for any period during which no inter- ‘‘(4) If property returned to the claimant has appreciated in value, whether the rela- est is actually paid, an imputed amount of under this section is lost, stolen, or dimin- tionship of the property to the proceeds is interest that such currency, instruments, or ished in value, any insurance proceeds shall too attenuated to support the forfeiture of proceeds would have earned at the rate de- be paid to the United States and such pro- such property shall be determined in accord- scribed in section 1961. ceeds shall be subject to forfeiture in place ance with the excessive fines clause of the ‘‘(3) LIMITATION ON OTHER PAYMENTS.—The of the property originally seized. Eighth Amendment.’’ ‘‘(c) This section shall not apply if the United States shall not be required to disgorge the value of any intangible benefits seized property— SEC. 3. COMPENSATION FOR DAMAGE TO SEIZED ‘‘(1) is contraband, currency or other mon- PROPERTY. nor make any other payments to the claim- etary instrument, or electronic funds unless ant not specifically authorized by this sub- (a) TORT CLAIMS ACT.—Section 2680(c) of such currency or other monetary instrument section.’’. title 28, United States Code, is amended— H.R. 1658 or electronic funds constitutes the assets of (1) by striking ‘‘law-enforcement’’ and in- a business which has been seized, serting ‘‘law enforcement’’; and OFFERED BY: MR. HYDE ‘‘(2) is evidence of a violation of the law, (2) by inserting before the period the fol- AMENDMENT NO. 12: Page 8, line 10, redesig- ‘‘(3) by reason of design or other char- lowing: ‘‘, except that the provisions of this nate paragraph (8) as paragraph (9), and in- acteristic, is particularly suited for use in il- chapter and section 1346(b) of this title do sert after line 9 the following: legal activities; or apply to any claim based on the destruction, ‘‘(8) When a State or local law enforcement ‘‘(4) is likely to be used to commit addi- injury, or loss of goods, merchandise, or agency participated directly in the seizure or tional criminal acts if returned to the claim- other property, while in the possession of forfeiture of property forfeited under any ant.’’ any officer of customs or excise or any other civil forfeiture statute, that part of the prop- ‘‘(d) Once a motion for the release of prop- law enforcement officer, if the property was erty to be transferred to any State and local erty under this section is filed, the person seized for the purpose of forfeiture under any entities shall be distributed according to the filing the motion may request that the mo- provision of Federal law (other than the Tar- rules set forth in that State’s law or Con- tion be transferred to another district where iff Act of 1930 or the Internal Revenue Code stitution as to property forfeited under the venue for the forfeiture action would lie State forfeiture law. under section 1355(b) of title 28 pursuant to of 1986) providing for the forfeiture of prop- the change of venue provisions in section erty other than as a sentence imposed upon H.R. 1658 1404 of title 28.’’. conviction of a criminal offense but the in- OFFERED BY: MR. HYDE terest of the claimant is not forfeited’’. (c) CHAPTER ANALYSIS.—The chapter anal- AMENDMENT NO. 13: Page 11, strike line 3 ysis for chapter 46 of title 18, United States (b) DEPARTMENT OF JUSTICE.— and all that follows through line 3 on page 12 Code, is amended— (1) IN GENERAL.—With respect to a claim and redesignate sections 4, 5, and 6 as sec- (1) by inserting after the item relating to that cannot be settled under chapter 171 of tions 3, 4, and 5, respectively. section 982 the following: title 28, United States Code, the Attorney Page 12, line 17, strike ‘‘forfeiture’’ and in- ‘‘983. Civil forfeiture procedures’’; and General may settle, for not more than $50,000 sert ‘‘forfeiture under any provision of Fed- (2) by inserting after the item relating to in any case, a claim for damage to, or loss of, eral law (other than the Tariff Act of 1930 or section 984 the following: privately owned property caused by an inves- the Internal Revenue Code of 1986) providing ‘‘985. Release of property to avoid hardship’’. tigative or law enforcement officer (as de- for the forfeiture of property other than as a (f) CIVIL FORFEITURE OF PROCEEDS.—Sec- fined in section 2680(h) of title 28, United sentence imposed upon conviction of a crimi- tion 981(a)(1) of title 18, United States Code, States Code) who is employed by the Depart- nal offense’’. is amended— ment of Justice acting within the scope of Page 13, beginning in line 20 strike ‘‘under (1) in subparagraph (C) by inserting before his or her employment. any Act of Congress’’ and insert ‘‘under any the period the following: ‘‘or any offense con- (2) LIMITATIONS.—The Attorney General provision of Federal law (other than the Tar- stituting ‘specified unlawful activity’ as de- may not pay a claim under paragraph (1) iff Act of 1930 or the Internal Revenue Code fined in section 1956(c)(7) of this title or a that— of 1986) providing for the forfeiture of prop- conspiracy to commit such offense’’; and (A) is presented to the Attorney General erty other than as a sentence imposed upon (2) by striking subparagraph (E). more than 1 year after it occurs; or conviction of a criminal offense’’. (d) UNIFORM DEFINITION OF PROCEEDS.— (B) is presented by an officer or employee Page 13, line 25, strike ‘‘pre-judgment in- Section 981(a) of title 18, United States Code, of the United States Government and arose terest’’ and insert ‘‘pre-judgment interest in as amended by subsection (c), is amended— within the scope of employment. a proceeding under any provision of Federal

VerDate jul 14 2003 14:20 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00076 Fmt 0688 Sfmt 0634 E:\BR99\H22JN9.002 H22JN9 13892 CONGRESSIONAL RECORD—HOUSE June 22, 1999 law (other than the Tariff Act of 1930 or the SECTION 1. FORFEITURE CONDITION. H.R. 1658 Internal Revenue Code of 1986) providing for No property may be forfeited under any the forfeiture of property other than as a civil asset forfeiture law unless the prop- OFFERED BY: MR. SWEENEY sentence imposed upon conviction of a crimi- erty’s owner has first been convicted of the AMENDMENT NO. 18: Page 6, strike line 14 nal offense’’. criminal offense that makes the property and all that follows through page 7, line 13 Page 14, line 17, strike ‘‘any intangible subject to forfeiture. The term ‘‘civil for- and insert the following: ‘‘was a bona fide benefits’’ and insert ‘‘any intangible benefits feiture law’’ refers to any provision of Fed- purchaser or seller for value (including a in a proceeding under any provision of Fed- eral law (other than the Tariff Act of 1930 or purchaser or seller of goods or services for eral law (than the Tariff Act of 1930 or the the Internal Revenue Code of 1986) providing value).’’. Internal Revenue Code of 1986) providing for for the forfeiture of property other than as a the forfeiture of property other than as a sentence imposed upon conviction of a crimi- H.R. 1658 sentence imposed upon conviction of a criminal offense. OFFERED BY: MR. SWEENEY nal offense’’. H.R. 1658 H.R. 1658 OFFERED BY: MR. SWEENEY AMENDMENT NO. 19: Page 14, strike line 25 and all that follows through page 15, line 8. OFFERED BY: MRS. MEEK OF FLORIDA AMENDMENT NO. 16: Page 4, strike lines 9 AMENDMENT NO. 14: Page 15, insert after through 11 and insert the following: H.R. 1658 line 8 the following: ‘‘(F) A claim filed under subparagraph (A) SEC. 7. FORFEITURE FOR ALIEN SMUGGLING. shall include the posting of a bond to the OFFERED BY: MR. SWEENEY Section 981(a)(1) of title 18, United States United States in the sum of $5,000 or 10 per- [Amendment to the Hutchinson Substitute] Code, is amended by adding at the end the cent of the value of the claimed property, following: whichever is lower, but not less than $250, AMENDMENT NO. 20: In subsection (b) of the ‘‘(l(1) Any conveyance, including any ves- with sureties to be approved by the Attorney proposed section 983 of title 18, United States sel, vehicle, or aircraft which has been used General. No bond shall be required if the Code, add at the end the following: or is being used in commission of a violation property is seized by the Attorney General ‘‘(4) A claim filed under paragraph (1) shall of section 274(a) of the Immigration and Na- and a timely claim is filed in forma pauperis include the posting of a bond to the United tionality Act (8 U.S.C. 1324(a)); and with all supporting information as required States in the sum of $5,000 or 10 percent of ‘‘(2) Any property, real or personal that— by the Attorney General. The Attorney Gen- the value of the claimed property, whichever ‘‘(A) constitutes, is derived from, or is eral has the authority to waive or reduce the is lower, but not less than $250, with sureties traceable to the proceeds obtained, directly bond requirement in any additional category to be approved by the Attorney General. No or indirectly, from the commission of a vio- of cases where the Attorney General deter- bond shall be required if the property is lation of section 274(a) of the Immigration mines that posting bond is not required in seized by the Attorney General and if the and Nationality Act (8 U.S.C. 1324(a)); or the interests of justice. claim is filed in forma pauperis with all sup- ‘‘(B) is used to facilitate, or is intended to H.R. 1658 porting information as required by the At- be used to facilitate, the commission of a OFFERED BY: MR. SWEENEY torney General. The Attorney General has violation of such section. AMENDMENT NO. 17: Page 6, line 5 insert be- the authority to waive or reduce the bond re- H.R. 1658 fore the semicolon the following: ‘‘, was not quirement in any additional category of OFFERED BY: MR. PAUL willfully blind to such conduct, and did not cases where the Attorney General deter- AMENDMENT NO. 15: Strike all after the en- demonstrate a deliberate indifference to mines that posting bond is not required in acting clause and insert the following: such conduct’’. the interests of justice.

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DRUG COVERAGE MEANS EXTRA COMMENDING TAIWAN’S EFFORTS North Carolina State University and won the COST TO ASSIST KOSOVAR REFUGEES 4x100 and 4x200-meter relays. The winning effort showed the whole country what Texas HON. DOUG BEREUTER HON. DONALD M. PAYNE and Ft. Worth already knew: Fort Worth is OF NEBRASKA OF NEW JERSEY ‘‘Speed City.’’ IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Once again congratulations to Coach Tom Tuesday, June 22, 1999 Tuesday, June 22, 1999 Allen and the Dunbar Boy sprinters: Jerome Braziel, Jerrod Braziel, James Hall, and Mr. BEREUTER. Mr. Speaker, this Member Mr. PAYNE. Mr. Speaker, the United States James Shaw. highly commends this June 11, 1999 editorial Department of State said on June 7 that it from the Norfolk Daily News regarding Presi- welcomes Taiwan’s plan to offer the United f dent Clinton’s plan for including prescription States $300 million to help Kosovar refugees and for reconstruction of Kosovo. I think Tai- drug coverage under Medicare. RECOGNIZING ALAN EMORY wan is most praiseworthy in its willingness to DRUG COVERAGE MEANS EXTRA COST assist other nations. As a major economic PRESIDENT HAS A PLAN FOR INCLUDING power in the Far East, Taiwan feels that it PRESCRIPTIONS UNDER MEDICARE PROGRAM must not shirk its responsibilities to help other HON. AMO HOUGHTON President Clinton believes he has a plan for countries in need. Taiwan hopes to set a good including prescription drugs under Medicare OF NEW YORK example for other wealthy nations in the world coverage that is superior to the one sug- IN THE HOUSE OF REPRESENTATIVES gested by the co-chairmen of his 17-member to extend a helping hand to all those displaced advisory commission. The latter plan ad- Kosovar refugees. Tuesday, June 22, 1999 vanced by Sen. John Breaux, D-La., and Rep. As a matter of fact, even though Taiwan is Bill Thomas, R-Calif., would provide the el- not a member of the United Nations, Taiwan Mr. HOUGHTON. Mr. Speaker, today I rise derly participants under Medicare with a has always committed itself to help other in recognition of Alan Emory. On June 7, Mr. fixed amount for purchasing either a public countries in the Far East and Africa. Taiwan’s Emory began his 53rd year with the Water- or private health plan, which could include willingness to be a donor nation deeply re- expenses for prescription drugs. town Daily Times. He has spent more than 47 That had the advantage of simplicity, but flects its people’s firm commitment to protect of those years reporting and analyzing news in a political disadvantage of not providing op- and promote human rights and their humani- Washington. A year ago he became the pa- portunity for presidents and members of tarian concern for the Kosovar refugees living per’s senior correspondent, reporting on poli- Congress to get credit for periodic improve- in exile as well as for the war-torn areas in tics and Canadian-United States relations, in ment of all kinds of health care benefits. dire need of reconstruction. addition to writing two columns a week, one The Clinton plan, promised to be presented I applaud Taiwan’s people for their assist- Op-ed in midweek, one in the Times’ Sunday in detail later this month, proposes drug cov- ance to the Kosovar refugees and their Presi- Opinion Weekly Section. erage for Medicare beneficiaries through the dent. payment of an extra premium. It was pre- Mr. Emory’s most recent work includes dicted as being as low as $10 a month and f breaking stories on: the dispute over the John certainly less than $25 a month. Kennedy assassination film between the In either event, it would be relatively HONORING THE 1999 DUNBAR HIGH SCHOOL BOYS 4X100-METER Zapruder family and the government, the as- cheap coverage, and appealing to those now sassination review board’s failure in its last recovered by this government program where- RELAY TEAM by Social Security beneficiaries pay a $45.50 port to end the theories of how the President premium for health insurance. Inclusion of HON. MARTIN FROST died, the continued federal secrecy sur- drugs in the program will boost costs, rounding the late physicist Glenn Seaborg’s OF TEXAS though White House advisers claim they will diaries, the significance of the Supreme be offset by reducing hospital admissions and IN THE HOUSE OF REPRESENTATIVES Court’s ruling that a sitting President must an- nursing homes, and reduce the need for home Tuesday, June 22, 1999 swer civil suit charges involving pre-White health care. The question is: Who will pay? Mr. FROST. Mr. Speaker, I rise today to House activities, the fact that the House of Today’s wage-earners should not be sad- Representatives has never censured a sitting dled with extra payroll taxes to provide this recognize the 1999 Dunbar High School Boys President, the saga of the Navy crew making new coverage; neither should employers who 4x100-meter relay team for bringing the gold are partners in paying the payroll taxes. home to Fort Worth. With a championship time the most daring air-sea rescue in World War The problems with future solvency for the of 40.30 seconds at the University Inter- II’s Pacific fighting and the service high com- systems that provide Social Security retire- scholastic League in Austin, the Flying Wild- mand’s refusal to give the crewmen the med- ment and Medicare arise from a political in- cats electrified the crowd with blazing speed als they had been promised 54 years ago, and ability to fix benefit limits. Any expansion the word that the only New York City mayor of benefits—especially for prescription and power. But the path to glory didn’t end in Austin for ever to ascend to a higher political office in drugs—must be accompanied by a sound pro- the state was named Clinton (DeWitt). gram by which those who are served share the Wildcats. Instead of hanging up their the extra expense. spikes for the summer they took their show on Two years ago President Clinton and Vice Using a federal surplus—which accumu- the road to the Foot Locker National Cham- President GORE saluted Mr. Emory’s 50 years lates because Americans are already taxed pionship at North Carolina State University in with The Times, and last year my colleagues too heavily—to expand government benefits Raleigh. The Wildcats were eager to show the JOHN MCHUGH, Jerry Solomon, JIM WALSH and is a politically devious way to resolve sol- nation what everyone in North Texas already TOM DAVIS commended him on the House vency problems of a program already des- tined for insolvency on its present path. knew: the Wildcats from Stop Six, Ft. Worth floor. Today I would like to echo their praise Better coverage will cost more; and those couldn’t be stopped in Austin and weren’t and thanks to Alan for his good work, and costs ought to be paid largely through real- about to be slowed down in Raleigh. wish him well as he continues as the Johnson istic premiums for those who wish and can At the National Championship last week, the Newspaper Corp.’s (Watertown’s) senior cor- afford the extras. Wildcats took their stellar performance to respondent and Washington columnist.

● This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

VerDate jul 14 2003 14:22 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00001 Fmt 0689 Sfmt 9920 E:\BR99\E22JN9.000 E22JN9 13894 EXTENSIONS OF REMARKS June 22, 1999 THE HIGH COST OF PRESCRIPTION the lowest rungs of the ladder. He has sat with ciation of Broadcasters in the 1950’s and took DRUGS: THE STORY OF LUCILLE Presidents and served the homeless. More over primary sponsorship in 1961. BRUCE than anything else, Charles cares. The National Finals take place in Wash- Mr. Speaker, Public service and politics re- ington, D.C. when the finals judges listen to HON. RONNIE SHOWS quires the best and brightest, the most dedi- the fifty-four tapes representing winners from OF MISSISSIPPI cated and committed, the cream of the crop, each of our fifty states, the District of Colum- IN THE HOUSE OF REPRESENTATIVES the pick of the pack, the faithful, the loyal, the bia, Pacific Areas, Latin America/Caribbean steadfast. Charles Duncan has reflected those Tuesday, June 22, 1999 and Europe. This year’s program involved qualities in all that he has done, over the more than 6,700 schools and 80,000 students Mr. SHOWS. Mr. Speaker, I stand before years. It is hard to imagine a Democratic Ad- participated while over 4,200 VFW Posts and you and the American people today to administration or a Democratic political cam- over 3,400 Auxiliaries sponsored the program. dress the high cost of prescription drugs. Over paign, without Charles in the picture. The VFW provides fifty-six fully-funded the last several weeks, I have had the oppor- He represents what is good about North scholarships totaling $132,000. The overall tunity to visit with many of my constituents to Carolina and our Nation. He understands that first-place winner receives a $20,000 scholar- address this burdensome problem. little happens when one stands alone. He As a matter of fact, I conducted a study, works to ensure that the families and children ship and all national finalists receive at least a which conclusively proves that senior citizens of America have a future that is worthy of our $1,000 scholarship. The total monetary value in Mississippi pay outrageous amounts of past. In his deeds, Charles has always made of scholarships, bonds, and awards provided money for much needed prescription drugs. the right choice. The right choice between by VFW Posts, Auxiliaries, Districts, County Let me illustrate this by highlighting the story communities that are average and those that Councils, Departments and National amount to of one of my constituents—Ms. Lucille Bruce. are exceptional. The right choice between indi- over $2.6 million this past year. Ms. Gomer is Ms. Bruce lived in Federation Towers in vidual comfort and functioning families. a recipient of the $1,000 scholarship. Clinton, Mississippi. She enjoyed all the free- Charles has taken his tasks and won them Mr. Speaker, I want to congratulate Ms. doms and dignities that should come with well, no matter how large or small. And while Gomer for her impressive achievement and being a senior citizen. That is until the cost of unselfishly giving of his time and energy, he wish her the best of luck in the future. her prescription medicine forced her to move has never neglected those things most impor- in with her daughter. She pays $200 a month tant—family and church. It is rare these days, f for prescription medicine and has a fixed in- indeed, when we find a person of talent and come. Ms. Bruce told me that without her humility, one who is capable and modest, CENTRAL NEW JERSEY RECOG- daughter she would have no money to stay common yet exceptional. The White House is NIZES EDUCATOR JEAN G. healthy. She wonders how many senior Ameri- losing a person with a ready smile, a friendly LARSON cans there are that don’t have the family sup- disposition, a concern for all. I do not know port she receives. She often feels she is a what Charles Duncan will do next, but if he re- burden on her daughter, and recent hospital turns home, the Nation’s loss will be North HON. RUSH D. HOLT visits may result in more prescribed medicine Carolina’s gain. OF NEW JERSEY and costs. f IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, I can think of no other issue that deserves being addressed more than the TRIBUTE TO LAURIE A. GOMER Tuesday, June 22, 1999 cost of medicine our senior citizens have to pay. That is why I cosponsored the Prescrip- HON. ED WHITFIELD Mr. HOLT. Mr. Speaker, I rise today in recognition of Dr. Jean G. Larson, Ed.D., a mem- tion Drug Fairness for Seniors Act. It is time OF KENTUCKY ber of the Freehold Township Schools’ Child to do right by our seniors and make them fa- IN THE HOUSE OF REPRESENTATIVES Study Team. Dr. Larson will be retiring this vored customers just like the large HMO’s and Tuesday, June 22, 1999 Federal Government. month after serving our public school system Mr. Speaker, schedule this crucial issue Mr. WHITFIELD. Mr. Speaker, I rise before for 30 years as a teacher and learning con- today for floor debate and a vote. Folks like you today to congratulate Laurie A. Gomer, sultant. Ms. Bruce need us. the Kentucky winner of the National 1999 Dr. Larson’s colleagues describe her as a f Voice of Democracy Broadcast Scriptwriting ‘‘constant and tireless advocate for the chil- Contest. dren and for good, effective teachers and ON THE OCCASION OF THE FARE- Each year the Veterans of Foreign Wars of teaching methods.’’ She began her career as WELL RECEPTION HONORING the United States and its Ladies Auxiliary con- a reading teacher, and went on to work pri- CHARLES N. DUNCAN duct the contest. The theme this year was ‘‘My marily with elementary school children who Service to America.’’ Ms. Gomer’s winning have learning and/or other disabilities. In addi- HON. EVA M. CLAYTON essay creatively depicts a flight attendant de- tion, Dr. Larson assisted in curriculum devel- OF NORTH CAROLINA scribing different aspect of American patriot- opment as a consultant to other teachers with- IN THE HOUSE OF REPRESENTATIVES ism to passengers during a flight into Amer- in the district. ica’s future. Ms. Gomer succinctly describes Tuesday, June 22, 1999 For the last 27 years, Dr. Larson has been four different citizen forums dealing with edu- on staff at Freehold Township School District Mrs. CLAYTON. Mr. Speaker, on Wednes- cation, community activism, participation in in several capacities. During that time, she re- day, friends, family and co-workers will gather elections and the exhibition of national pride. ceived her doctorate in education from in the Indian Treaty Room at the White House Ms. Gomer is the daughter of Larry and Fairleigh Dickinson University. Her commit- to honor a Son of the South, a Native North Mary Ann Gomer of Franklin, Kentucky. She is ment to the district and to her students has Carolinian, Mr. Charles N. Duncan. a senior at Franklin-Simpson High School, been complete and unwavering. Charles is leaving his position as Special who has been highly involved within numerous Assistant to the President and Associate Di- student organizations. This well-rounded Teachers are our nation’s greatest commod- rector of Presidential Personnel. He will be young lady will be attending either Center Col- ities because of their instrumental role in greatly missed. lege, Emory University, Vanderbilt University shaping the future of America. Skilled and Since graduating from Howard University or Georgetown University in the fall with hopes dedicated educators like Dr. Larson make it some two and a half decades ago, he has de- of pursuing a career in Pediatrics. possible for students to succeed and become voted his life to a career in public service and The VFW’s Voice of Democracy Program is productive, knowledgeable citizens. politics. Yet, Charles is more than a public a National Audio/Essay Competition designed I urge all of my colleagues to join me in servant. He is more than a political consultant to give high school students the opportunity to honoring Dr. Larson for her many achieve- as his resume presents him. He is an ordinary voice their opinion on their responsibility to our ments and for her contribution to the edu- person who is special, and a special person country. The VFW and its Ladies Auxiliary be- cation of our children. I wish her well in future who is ordinary. He has worked with those on came involved in assisting the National Asso- endeavors.

VerDate jul 14 2003 14:22 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00002 Fmt 0689 Sfmt 9920 E:\BR99\E22JN9.000 E22JN9 June 22, 1999 EXTENSIONS OF REMARKS 13895 RECOGNIZING SANDRA SOPAK Representatives Conyers and Campbell keep guns out of the hands of criminals. But Amendment (No. 12) to H.R. 2122, the Man- if this amendment is approved, it will do just HON. AMO HOUGHTON datory Gun Show Background Act: On rollcall the opposite because it will give law enforce- OF NEW YORK No. 243, I would have voted ‘‘yea’’. ment officials less time to complete back- On Passage of H.R. 2122: On rollcall vote ground checks at gun shows. It is a step back- IN THE HOUSE OF REPRESENTATIVES No. 244, I would have voted ‘‘nay’’. ward. Tuesday, June 22, 1999 f This amendment is ineffective and is riddled Mr. HOUGHTON. Mr. Speaker, today I rise with loopholes. It would weaken existing laws COMMENDING TAIWANESE to recognize a constituent of mine, Sandra and put the safety of law enforcement officials AMERICANS Sopak. Sandy is the County Clerk for Chau- and every person in this nation at risk. It is no tauqua County, New York and recently won coincidence that the gun lobby supports this the National Genealogical Society’s Award of HON. BOB SCHAFFER measure. Merit. It reads: OF COLORADO It would be a sad commentary on the state Sandra Sopak receives the NGS Award of IN THE HOUSE OF REPRESENTATIVES of Congress if the gun lobby is successful in Merit for her willingness to cooperate with Tuesday, June 22, 1999 strong-arming members of Congress to sup- the Chautauqua County Genealogical Soci- port this measure. Should this amendment ety in order to make records more available Mr. SCHAFFER. Mr. Speaker, last month I pass, American families will soon find out that to the public. Her latest efforts include ar- joined people throughout Colorado and across the gun lobby, with its deep pockets, calls the ranging to have photocopies made of all the nation in celebrating Pacific American Her- shots in the U.S. House of Representatives. county tax lists, many of which date from itage Month. The Pacific American community I urge my colleagues to oppose this amend- 1850 and before, so the Society’s publications represents an important foundation of Amer- ment and support the McCarthy/Roukema/ committee can extract, index, and ulti- ica’s future and I commend their proud cele- mately publish this valuable historical infor- Blagojevich amendment and other measures mation. The Society, in turn, donated a set bration of heritage and community. that will be offered during this debate. We of their genealogical indexes to aid the coun- Taiwanese American Heritage Week of Pa- must put the safety and security of our chil- ty clerk when she is asked for vital record cific American Heritage Month celebrates the dren ahead of the interests of the gun lobby. information. This is a fine example of unique and diverse contributions of the more These measures include the sale of child- record-keepers and record-seekers working than 500,000 Taiwanese Americans in the safety locks with each handgun, instant back- together for the benefit of both. United States. This portion of the population ground checks at gun shows, and the importa- This is the first time that this award has has made countless significant achievements tion ban of ammunition magazines with a ca- been given to a County Clerk—and a popular in this country and their accomplishments can pacity of ten or more rounds of ammunition. County Clerk at that. Sandy was elected in be found in every facet of American life. For This is what a majority of our constituents 1993, and was re-elected in 1997 overwhelm- instance, Taiwanese Americans have suc- want and it is the duty of Congress to respond ingly. In praise of her contribution, a friend and ceeded as successful and notable artists, to their outcry. coworker of Sandra writes, ‘‘She is a thought- Nobel Laureate scientists, researchers, human f ful leader within Chautauqua County govern- rights activists, and business leaders. ment, a former town supervisor, a former hos- In addition to recognizing these contribu- THE STANLEY CUP CHAMPION pital nurse, as well as a dedicated mother and tions, this is an excellent opportunity to cele- DALLAS STARS wife. Her example should be recognized by brate the success of democracy on the island Americans from not only New York but from of Taiwan. Since 1987, the Taiwanese people HON. EDDIE BERNICE JOHNSON all across America.’’ have possessed the rights to select their own OF TEXAS Mr. Speaker, today I rise to spread that rec- leaders, practice the religion of their choice, IN THE HOUSE OF REPRESENTATIVES ognition across America. Thank you, Sandy, and express their thoughts openly and freely. for your hard work. Taiwan is a vibrant and democratic participant Tuesday, June 22, 1999 f in the family of nations. Ms. EDDIE BERNICE JOHNSON of Texas. Most importantly, Mr. Speaker, Taiwanese Mr. Speaker, instead of being relegated to a PERSONAL EXPLANATION American Heritage Week recognizes the long- long and cold life in Buffalo, the Stanley Cup standing friendship between the United States will be deep in the warm heart of Texas, spe- HON. BILL PASCRELL, JR. and Taiwan. Earlier this year, I joined my Con- cifically the great city of Dallas. OF NEW JERSEY gressional colleagues in proudly celebrating We have the Dallas Stars to thank for bring- IN THE HOUSE OF REPRESENTATIVES the 20th Anniversary of the signing of the Tai- ing the cup to us after coming close to winning wan Relations Act (TRA) into law. The TRA is the cup in the semifinals last year. However, Tuesday, June 22, 1999 an important reminder of the strong bond of we cannot say we thank our lucky stars, for Mr. PASCRELL. Mr. Speaker, I was granted friendship between our two nations. they defeated Buffalo with skill, determination a leave of absence for Friday, June 18, 1999 Mr. Speaker, I commend the great accom- and hard work. That was not luck. after 12 noon. At that time, I received word of plishments and contributions of the Taiwanese This determination was exemplified by the a family emergency at home in New Jersey American community. play of Dallas Stars goaltender Eddie Belfour, and immediately left Washington D.C. Fol- f who made 53 saves in the winning game of lowing are the votes I missed and how I would the Stanley Cup series. have voted: MANDATORY GUN SHOW The result of their defeating the Buffalo Sa- Representatives Sessions and Frost amend- BACKGROUND CHECK ACT bers means more than a Stanley Cup coming ment (No. 8) to H.R. 2122, the Mandatory Gun to the best city in the world. The victory by the SPEECH OF Show Background Check Act: On rollcall No. Dallas Stars has made a proud city even more 239, I would have voted ‘‘nay’’. HON. JANICE D. SCHAKOWSKY proud. Representative Goode Amendment (No. 9) OF ILLINOIS Mr. Speaker, this was evident yesterday to H.R. 2122, the Mandatory Gun Show Back- IN THE HOUSE OF REPRESENTATIVES morning in Dallas as thousands of her citizens ground Check Act: On rollcall No. 240, I would and Stars fans joined the team in downtown have voted ‘‘nay’’. Thursday, June 17, 1999 Dallas to honor our Stanley Cup champions. Representative Hunter Amendment (No. 10) The House in Committee of the Whole Mr. Speaker, the Stars truly shine bright to H.R. 2111, the Mandatory Gun Show Back- House on the State of the Union had under ‘‘deep in the heart of Texas.’’ Green and black ground Check Act: On rollcall No. 241, I would consideration the bill (H.R. 2122) to require are the colors of the National Hockey League have voted ‘‘nay’’. background checks at gun shows, and for and, I will wager that next year, they will shine Representative Rogan Amendment (No. 11) other purposes: even brighter. to H.R. 2122, the Mandatory Gun Show Back- Ms. SCHAKOWSKY. Mr. Chairman, I rise Mr. Speaker, what makes this victory even ground Check Act: On rollcall No. 242, I would today in strong opposition to this amendment. sweeter is the fact that for 3 years, the Stars have voted ‘‘yea’’. Many of us here in Congress are working to have won the President’s trophy that goes to

VerDate jul 14 2003 14:22 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00003 Fmt 0689 Sfmt 9920 E:\BR99\E22JN9.000 E22JN9 13896 EXTENSIONS OF REMARKS June 22, 1999 the team with the best record in the National [From the Paris International Herald of this century. India’s food security contrib- Hockey League. At the same time, the Stanley Tribune, June 17, 1999] utes to its relative political stability. Cup was out of the reach of such a deserving FIRST STEP TOWARD PEACE IS ERADICATING While food is taken for granted in industrialized countries, many parts of the world— team during those years. HUNGER (By Jimmy Carter) sub-Saharan Africa and large parts of Asia, Mr. Speaker, I join the constituents of the for example—suffer serious food shortages. WASHINGTON—When the Cold War ended 10 30th Congressional District and the residents Today, per capita food production in sub-Sa- years ago, we expected an era of peace. What of Dallas who are Stars fans in congratulating haran Africa is less than it was at the end of we got instead was a decade of war. the 1999 Stanley Cup Champions, the Dallas the 1950s. The report concludes that new The conflict in Kosovo is only the latest to wars will erupt if the underlying conditions Stars. Thank you for bringing the cup home to embroil the international community. Con- that cause them are not improved. our proud city. flicts have raged in Latin America, Europe, The message is clear: There can be no f Africa and Asia in the 1990s, often involving peace until people have enough to eat. Hun- the entire international community in cost- gry people are not peaceful people. The Fu- HUNGER RELIEF IS CONFLICT ly relief operations and peacekeeping mis- ture Harvest report is a reminder that in- PREVENTION sions, frequently under hostile conditions. vestments in agricultural research today can These conflicts—mostly civil wars—have cultivate peace tomorrow. been extraordinarily brutal, with most vic- Former President Carter is chairman of HON. TONY P. HALL tims being children, women and the elderly. OF OHIO Why has peace been so elusive? A recent the nonprofit Carter Center, which seeks to IN THE HOUSE OF REPRESENTATIVES report sponsored by Future Harvest and gen- advance peace and health around the world. He contributed this comment to the Inter- Tuesday, June 22, 1999 erated by the International Peace Research Institute in Oslo examines conflicts around national Herald Tribune. Mr. HALL of Ohio. Mr. Speaker, I rise to call the world and finds that—unlike that in f my colleagues’ attention to an OpEd by Presi- Kosovo—most of today’s wars are fueled by dent Jimmy Carter (‘‘First Step Toward Peace poverty, not by ideology. OUTSTANDING YOUNG KENTUCK- is Eradicating Hunger,’’ International Herald The devastation occurs primarily in coun- IANS FROM OHIO COUNTY HIGH Tribune, June 17, 1999). I ask that the text of tries whose economies depend on agriculture SCHOOL IN HARTFORD, KEN- but lack the means to make their farmland this article be entered into the RECORD, and I TUCKY, WIN THE ‘‘WE THE PEO- productive. These are developing countries PLE . . . THE CITIZEN AND THE urge my colleagues to heed its wise message: such as Sudan, Congo, Colombia, Liberia, that where there is mass hunger and poverty Peru, Sierra Leone and Sri Lanka—places CONSTITUTION’’ there is fertile ground for tyranny, civil strife, with poor rural areas where mainutrition internal displacement, and social upheaval. and hunger are widespread. The report found HON. ED WHITFIELD that poorly functioning agriculture in these Our own economic and security interests are OF KENTUCKY countries heightens poverty, which in turn threatened by the fact that one-fifth of the IN THE HOUSE OF REPRESENTATIVES world’s people lives in extreme poverty, strug- sparks conflict. This suggests an obvious but often over- Tuesday, June 22, 1999 gling to survive on incomes equivalent to less looked path to peace: Raise the standard of than a dollar a day. And we know that an living of the millions of rural people who live Mr. WHITFIELD. Mr. Speaker, I rise before ounce of crisis prevention through well-spent in poverty by increasing agricultural produc- you today to recognize 15 talented and patri- poverty relief is worth of pound of cure, in the tivity. Not only does agriculture put food on otic young scholars from my district who com- form of massive humanitarian operations, mili- the table, but it also provides jobs, both on peted in the national finals of the ‘‘We the tary intervention, and post-war reconstruction. and off the farm, that raise incomes. Thriv- People . . . The Citizen and the Constitution’’ A study by the Congressional Budget Office ing agriculture is the engine that fuels competition earlier this month. itself found a ‘‘striking correlation between broader economic growth and development, I am pleased to recognize the class from thus paving the way for prosperity and economic malaise on the one hand, and do- peace. Ohio County High School in Hartford, Ken- mestic unrest on the other.’’ The economies of Europe, the United tucky who represented our Commonwealth in For impoverished countries that are serious States, Canada and Japan were built on this national competition including teams from about raising standards of living, there can be strong agriculture. But many developing every state and the District of Columbia. no substitute for good governance and sound countries have shifted their priorities away These outstanding young Kentuckians are: economic policies. But even the best trade from farming in favor of urbanization, or Kyle Autry, Josh Benton, Hollie Bratcher, Jac- and investment-led strategies will fail if they they have reduced investments in agri- queline Bryant, Keara Daughtery, Jarrod culture because of budget shortages. At the leave the poor behind. And, as President same time, industrialized countries continue Frizzell, Hillary Grant, Ashley Hale, Emily Har- Carter points out, agriculture is the economic to cut their foreign aid budgets, which fund ris, Erika Hawley, Michelle Jarvis, Nakayah backbone of most of the world’s poorest coun- vital scientific research and extension work Myers, Meredith Shrewsbury and Alex Taylor. tries, and the primary source of livelihoods for to improve farming in developing countries. They are coached by John Stofer, a teacher at the poor, rural majority. Unfortunately, much of the farming tech- Ohio County High School. The United States took a significant step in nology developed in industrialized nations ‘‘We the People . . . The Citizen and the the right direction last year by passing and en- does not transfer to the climates and soils of Constitution’’ is the nation’s most extensive acting into law the ‘‘Africa Seeds of Hope developing nations. It is not a priority for program dedicated to educating young people agricultural giants in affluent nations to Act,’’ (H.R. 4283, now Public Law: 105–385). focus on the poor regions of the world or to about our Constitution and the Bill of Rights. This measure was designed to better focus share basic research advances with scientists The three-day national competition simulates a existing programs of assistance to Africa on from poor nations. Congressional hearing in which students de- the needs of rural producers who represent a This neglect should end. Leaders of devel- fend positions on historical and contemporary majority of Africans, yet have the lowest in- oping nations must make food security a pri- constitutional issues. This format provides stu- comes and suffer from the worst food short- ority. In the name of peace, it is critical that dents an opportunity to demonstrate their ages in the world. By focusing resources on both developed and developing countries sup- knowledge and understanding of constitutional port cultural research and improved farming farmers, the measure works to ensure the practices, particularly in nations often hit principles while providing teachers with an ex- long-term political stability and economic with drought and famine. cellent means of assessing performance. growth of the world’s most famine-prone re- For example, the report finds that India, This year’s competition involved 1,500 gion. Congress should closely follow its imple- one of the world’s largest and poorest na- schools and provided literature and course-re- mentation, but next steps must include pay- tions, has managed to escape widespread violated materials on the history and principles of ment of arrears to the United Nations, pas- lence in large measure because the Indian constitutional democracy in the United States sage of debt relief legislation, and a reversal government made food security a priority. to more than 75,000 teachers and 24 million Beginning in the 1960s, farmers in India in the decline of our foreign aid budget. These were given the means to increase their agri- students. are our cheapest and surest lines of defense cultural output with technology packages High school competition begins at the con- against costly and destabilizing wars and crip- that included improved seeds, fertilizers, ir- gressional district level with teams from each pling constraints to our own economic growth rigation and training. Today India no longer school vying for the district championship. Dis- and expansion. experiences famines as it did in the first half trict winners go on to compete at a statewide

VerDate jul 14 2003 14:22 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00004 Fmt 0689 Sfmt 9920 E:\BR99\E22JN9.000 E22JN9 June 22, 1999 EXTENSIONS OF REMARKS 13897 hearing and state champions travel to Wash- TRIBUTE TO WESTHILL MUSIC Today, we have the opportunity to put in ington, D.C. in the spring to represent their DEPARTMENT place meaningful gun control legislation, a state in the national finals. task that we failed to complete last nite. Lets close the gun show loophole, lets ban the im- I am proud of this Ohio County team be- HON. JAMES T. WALSH portation of large ammunition clips, lets raise cause this is the first time a school from my OF NEW YORK IN THE HOUSE OF REPRESENTATIVES the age to possess a handgun and semi-auto- district has represented Kentucky in the na- matic weapon, lets make sure that every gun tional event. In a time when public cynicism Tuesday, June 22, 1999 is sold with a safety device, lets adopt the and apathy are high, it is reassuring to know Mr. WALSH. Mr. Speaker, on April 9, 1999, Conyers’ substitute. Why do we need these that this program is instilling a sense of civic 220 student performers and chaperones of the protections. Well I’ll tell you why, in Chicago duty and understanding in our future leaders. Westhill High School Music Department from we have a gun problem, our children are Syracuse, New York, came to the Washington shooting children. In 1997 firearms were used f D.C. area for the ‘‘Festivals of Music.’’ This in over 3⁄4 of the murders committed in Chi- event was sponsored by local corporations to cago. What makes this statistic so disturbing RECOGNIZING THE LADIES AUXIL- bring schools from around the nation to the is that over half of the persons committing IARY OF THE WEST TRENTON District of Columbia. Westhill was one of murder were under the age of 21. In 1997 VOLUNTEER FIRE DEPARTMENT seven schools to give band and chorus per- Chicago had 246 murders of people under the formances in front of three judges. These col- age of 21 and there were 290 people under lege professor judges evaluated the groups in the age of 21 charged with committing murder. HON. RUSH D. HOLT writing and listened closely and repeatedly to Chicago contributes more than its fair share of OF NEW JERSEY taped sessions. The Westhill group gave an children to a terrible statistical category: chil- outstanding performance that day, putting dren killed too soon by hand guns, and it must IN THE HOUSE OF REPRESENTATIVES Westhill’s Music Department among the best stop. How can we in good conscious let this Tuesday, June 22, 1999 in the country. Thomas Lindemann, Depart- situation go on. Did you know that since 1969 ment Leader, said the chorus and band re- that firearms are the leading cause of death Mr. HOLT. Mr. Speaker, I rise today in rec- ceived an ‘‘excellent’’ and ‘‘superior’’ rating, re- among African-American youths? For thirty ognition of the 50th anniversary of the Ladies spectively, in both concert performances and years handguns have been killing African- Auxiliary of the West Trenton Volunteer Fire the music reading exam. Out of the seven American youth and we still debate whether or Department. Over the last half-century, the schools, the band came in second. The not we need this common sense gun legisla- women of this organization have made a tre- Westhill chorus came in third. These high tion. When will we take this necessary action? mendous contribution to their community by marks signify how well these group of stu- Now is not the time for loopholes in the bill lending both financial and moral support to the dents performed based on these national that’s trying to close loopholes. No one here is standards. saying that someone can’t own a gun, all they members of the Fire Department. The Westhill Music Department held their are saying is you have to wait, that your back- Founded on June 8, 1949, the Ladies Auxil- spring band concert on May 25th and the final ground must be checked out, and that children iary focused from the very beginning on inno- choral concert on June 2nd. should not have guns. These are simple, vative and creative fundraising ventures. The I am very proud of these young people, who straight forward, common sense proposals. first year, members assisted the firemen with have exhibited discipline, sensitivity, and love Lets do it and make America safer and better. a Block Dance by volunteering as food stand of music while representing their school in the Lets not fail America’s children again, lets take operators and Bingo judges. They also threw very finest Westhill tradition. I am equally this opportunity to the right thing and pass a Halloween Party in the fall. By December proud of the Westhill Music Department, the meaningful gun reform. 1949, the Auxiliary was able to present the parents, and administrators who are so sup- f portive of this outstanding group. Fire Department with a check for $200. MANDATORY GUN SHOW f In the years since, the Auxiliary’s yearly do- BACKGROUND CHECK ACT nations have grown. The first $5000 check MANDATORY GUN SHOW was presented in 1972, followed by a record BACKGROUND CHECK ACT SPEECH OF $17,600 check in 1976. Fundraisers including SPEECH OF HON. JANICE D. SCHAKOWSKY organized trips to dinner shows, pasta dinners, OF ILLINOIS and flea markets have continued to garner HON. DANNY K. DAVIS IN THE HOUSE OF REPRESENTATIVES large sums in recent years, and the annual OF ILLINOIS Thursday, June 17, 1999 Dinner-Dance has become a township tradi- IN THE HOUSE OF REPRESENTATIVES tion. The funds collected over the years have Friday, June 18, 1999 The House in Committee of the Whole helped ensure that the West Trenton Fire De- House on the State of the Union had under partment can serve the community effectively. The House in Committee of the Whole consideration the bill (H.R. 2122) to require House on the State of the Union had under background checks at gun shows, and for The Ladies Auxiliary has had a long and consideration the bill (H.R. 2122) to require other purposes: rich history on the county and state levels. background checks at gun shows, and for Ms. SCHAKOWSKY. Mr. Chairman, I rise They have marched in the State Fair and at other purposes; today in support of the McCarthy/Roukema/ July 4th parades, are a part of the Ladies Aux- Mr. DAVIS of Illinois. Mr. Chairman, I rise in Blagojevich amendment. Common sense dic- iliary of the Mercer County Firemen’s Associa- support of the Conyers’ Democratic Substitute tates that we, as representatives of the Amer- tion, and have several Life Members who Amendment to H.R. 2122, the Mandatory Gun ican people, support this measure. have joined the State Auxiliary. At their 50th Show Background Check Act. Today, in this This amendment is not about taking rights Anniversary Dinner-Dance on June 19, they sacred chamber, we have an opportunity to away from law abiding citizens. It is about honored three still-active original charter mem- address this nation’s most pressing problem, closing a loophole in the law that gives crimi- bers: Kitty Canulli, Edith Guadagno, and gun violence, in a meaningful and effective nals a free pass at gunshows. This amend- Grace Diesel Wilwol. fashion. We have a mandate from the people ment would provide law enforcement officials to take action that stems the tide of violence with the same three business days to conduct I urge my colleagues to join me in recog- that is sweeping across our nation from Wash- background checks at gunshows that they are nizing the past and present members of the ington, DC to Chicago and LA. The biggest now given when guns are bought in stores. Ladies Auxiliary to the West Trenton Fire De- victim of this tide of violence is our children. This amendment would go a long way in en- partment on their 50th anniversary. Their dedi- From Chicago’s west side to Colorado and suring that guns stay out of the hands of crimi- cation to the community is to be commended, over to Georgia, we have felt the pain of lost nals. and I send them my warmest wishes for an- precious lives. Now, before we lose another The American people demand action from other successful 50 years. precious life, we must take meaningful action. this House of Representatives. Mothers and

VerDate jul 14 2003 14:22 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00005 Fmt 0689 Sfmt 9920 E:\BR99\E22JN9.000 E22JN9 13898 EXTENSIONS OF REMARKS June 22, 1999 fathers are demanding action to protect the Ervin’s All-American Youth Club, Inc. has Ervin’s All-American Youth Club, Inc. de- most vulnerable among us, our children, from been changing lives since 1981, when Mr. serves to be recognized for fulfilling its goal of the onslaught of gun violence that is taking the Ervin Ajamu Babalola realized that something providing a clean and wholesome environment lives of 13 of them each day. They are telling had to be done to help the next generation of for the youth and families of Pinellas County, us that ‘‘It’s the guns—stupid.’’ children in Clearwater. With only his backyard so they may grow and become more produc- How many more children will be lost before and plenty of energy and ideas, Mr. Babalola tive citizens of the community. Indeed, Mr. Congress gets the message? How many more began to develop positive programs for at-risk Babalola’s organization has had such a posi- mothers will have to suffer before we act? youth to prevent them from becoming involved tive impact that many area youth have gone The American people are watching. We in negative behavior. The club has grown tre- on to college, joined the work force or elected cannot shy away from our responsibility. We mendously and is now housed at Ervin’s Com- to serve in the Armed Forces of the United must rise to the occasion and pass meaningful munity Enrichment Center. States. gun safety legislation that will help end the On June 26, Ervin’s All-American Youth I want to publicly commend Mr. Babalola cycle of violence. Club, Inc. will celebrate its 18th year of focus- and the members of his family for their dedi- f ing on solutions to the problems in its commu- cated service on behalf of the youth of North nity rather than on the problems. Ervin’s qual- Greenwood and for their outreach programs CELEBRATING THE 96TH ANNIVER- ity services encourage self-sufficiency and which have helped provide direction and posi- SARY OF THE ST. PAUL AFRI- self-empowerment for the many African Amer- tive growth for many in the Clearwater com- CAN METHODIST EPISCOPAL ican youth and families in the community. Mr. munity. CHURCH Babalola’s achievements have been recog- f nized by the City of Clearwater, the Clear- HON. LOIS CAPPS water Times, and our local Fox television affil- JOY OF BEING A FATHER OF CALIFORNIA iate. In addition, the Florida Department of IN THE HOUSE OF REPRESENTATIVES Corrections presented Mr. Babalola and HON. HENRY J. HYDE Ervin’s All-American Youth Club, Inc. with Tuesday, June 22, 1999 OF ILLINOIS Harry K. Singletary, Jr. Crime Prevention IN THE HOUSE OF REPRESENTATIVES Mrs. CAPPS. Mr. Speaker, I rise to bring to Awards. the attention of my colleagues an extraor- Ervin’s All-American Youth Club, Inc. offers Tuesday, June 22, 1999 dinary church that is celebrating 96 years of a wide variety of important and valuable pro- Mr. HYDE. Mr. Speaker, Father’s Day service to the community of Santa Barbara— grams to the community including: brought lots of memories and warm thoughts the St. Paul African Methodist Episcopal A community food pantry, which distributes to all of us. One very special person I know Church. food to community residents through its Com- named Philip H. Corboy had a bittersweet Fa- The St. Paul African Methodist Episcopal mon-Unity Food Pantry. thers Day which was beautifully acknowledged Church was founded in 1903 by Reverend The Generations Program, which is an by Steve Neal of the Chicago Sun-Times on J.P. Wright. The following year, the first adopt-a-grandparent program to enable sen- Friday, June 18th. Phil and I went all through church was established on the corner of Haley iors to participate in community service with school together, from grammer and high and Canal Streets. In September of 1913, dur- youth. school through Law school, and have re- ing the pastorate of Reverend J.A. Duncan, A youth employment program during the mained close friends ever since. the present building was completed. From the summer for children ages 10–15. Steve Neal is a highly respected political an- first organization of only one actual member in An After School Enrichment Program, which alyst and journalist who shares my admiration 1903, the membership has grown to approxi- provides homework and tutoring assistance and respect for Phil Corboy. mately 175 worshipers in 1999. provided by Pinellas County School volun- I suggest my colleagues read Mr. Neal’s Mr. Speaker, I am inspired by the A.M.E. teers, tutors, staff and certified teachers. A column about this extraordinary man. Church’s service and dedication to the city of computer center is available along with other JOY OF BEING A FATHER SUMMED UP IN Santa Barbara. The congregation has been an resources to help develop healthy attitudes EULOGY integral partner in the creation and success of and build self-esteem. He has made a career out of rising to the local programs that fight racism and violence, The Dream Builders Academy, which incor- challenge. programs such as Beyond Tolerance, the Pro- porates the Rites of Passage program, devel- Philip H. Corboy, one of the nation’s more Youth Coalition and Dr. Martin Luther King, Jr. ops family bonding, educational experiences accomplished trial lawyers, has effectively celebrations. The church has shown a commit- and self-image enhancement. represented seriously injured people for a ment and vision that continues to be a beacon The Youth Empowerment Project, a youth half century. His law firm has won hundreds of hope to our community. leadership program that motivates at-risk of settlements or verdicts worth more than Mr. Speaker, I was honored to join the youth and adults to develop their vocational $1 million each. He once negotiated a $25 A.M.E. Church this past weekend in cele- and entrepreneurial skills in business. million settlement for plaintiffs in a case in- Camp Nguzo Saba, a camp for children volving the crash of a DC–10. Corboy is brating 96 years of fellowship. I thank the con- former chairman of the American Bar Asso- gregation for all that it has done through the ages 5–13 designed to develop learning, be- ciation’s litigation unit and a former presi- years and wish many more years of success longing and contributing in youth. dent of the Chicago Bar Association. He is to the St. Paul African Methodist Episcopal The SANKOFA Community Theater, which among President Clinton’s staunchest polit- Church. promotes the development and growth of ical allies and is the former general counsel f amateur theater and the amateur performing of the Illinois Democratic Party. arts in the North Greenwood community. But for all his achievements, the snowy- HONORING ERVIN’S ALL-AMER- The Youth Academy of Entrepreneurship, a haired Corboy takes more pride in the ac- ICAN YOUTH CLUB, INC. OF partnership program which introduces and fos- complishments of his children. He was dealt CLEARWATER a most devastating blow in 1976 when his 12- ters the entrepreneurial development of youth year-old son Robert was killed in an auto- ages 8–18 from all social, racial, ethnic and mobile accident. Then last winter, tragedy HON. MICHAEL BILIRAKIS national backgrounds. struck again. Circuit Judge Joan Marie OF FLORIDA In addition to all of these worthy initiatives, Corboy, the lawyer’s only daughter, died in IN THE HOUSE OF REPRESENTATIVES Ervin’s All-American Youth Club, Inc. provides: another accident. assistance and referral services for individual There is nothing more painful or difficult Tuesday, June 22, 1999 and family needs, positive role models who for any parent to endure. But Corboy re- Mr. BILIRAKIS. Mr. Speaker, I rise today to share their experiences and wisdom with sponded to this challenge with a deeply moving tribute to his daughter. On this Father’s recognize and honor Ervin’s All-American youth, field trips, supervised recreation, and Day weekend, Corboy’s eulogy carries special Youth Club, Inc., an organization which is hav- participation in the National African American significance and reminds us that parenthood ing a positive influence on hundreds of Ninth Male Collaboration, an innovative grass roots is the greatest gift. District residents in the North Greenwood effort to help men and boys reach their fullest ‘‘She was outspoken, intelligent and fun,’’ neighborhood of Clearwater. potential. Corboy told more than 1,500 people at Joan

VerDate jul 14 2003 14:22 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00006 Fmt 0689 Sfmt 0634 E:\BR99\E22JN9.000 E22JN9 June 22, 1999 EXTENSIONS OF REMARKS 13899 Marie’s memorial service in Northwestern and efforts toward the improvement of the down this year as Head Football Coach at University’s law school auditorium. ‘‘As a Southern New Jersey community at large, I Wachusett Regional High School. young girl, she held her own in a house full would like to commend him for his extensive Mal Kelley started his coaching career at of boys. The truth of the matter is, she ruled involvement with a myriad of volunteer organi- Millbury High School, spent time at Holy Name the roost ‘‘Joan was not one to mince words. When- zations. Mr. Siegman is the recipient of the High School and in 1985 joined the staff at ever I had the opportunity, and it was often, Southern New Jersey Development Council’s Wachusett. In 1987 he took over head coach- I would tell her that a lawyer who appeared Chairman’s Award for expanding development ing duties, where he spent over a decade before her had told me what a good judge she in the Southern New Jersey region. As an ac- coaching and teaching young men. was, how fair, how smart, how judicious. complished businessman, Mr. Siegman uses In fact, many of Mal Kelley’s players have Ever the practicalist, she would reply, ‘Well, his professional talents in assisting many serv- gone on to find success, not only on the field Dad, if he—and it was most times as he— ice organizations. but in other endeavors. Several have earned thought I was an inept horse’s rear, do you Mr. Siegman served as treasurer and distinction at top colleges and our military think he would have told you that?’ helped to start the 200 Club of Burlington academies. Their success is a tribute to Mal ‘‘Once when she was a prosecutor, a judge County. The Club provides scholarships and convened his call by asking Joan, ‘Are you Kelley’s dedication and commitment to his ready, sweetie?’ To which Joan replied, ‘Only assistance to widows and their families players and his community. if you are, Judgie.’ through the collection of donations from busi- Career opportunities in Mal Kelley’s chosen ‘‘Joan was true to herself and she was full nesses and individuals. He has volunteered field, elementary education, have led him to of self-confidence. Some time after Joan and with the fire fighting community with enormous relinquish his coaching duties. He was re- Jim married, she was asked why she kept her dedication for many years and continues to do cently named principal at the Nelson Place El- father’s name. To which she replied, ‘I didn’t so. His involvements include 22 years of serv- ementary School in Worcester, MA. keep my father’s name, I kept my name.’ ’’ ice with the Evesham Board of Fire Commis- In dealing with the most haunting ques- Mr. Speaker, Mal Kelley may not be spend- sioners, the Kettle Run Volunteer Fire Com- ing much time on the football field in the fu- tion of why she died, Corboy said, ‘‘I gently pany where he once served as Chief Fire and reverently suggest that tragic accidents ture, but I’m quite certain he will continue to are not God’s plan. There is no intentional Fighter, and the New Jersey State Fire Relief improve the lives of young people. I know the taking of young people from their husband Association where he was treasurer. Mr. rest of the House joins me in paying tribute to and children, their parents and siblings.’’ Siegman has additionally enjoyed 24 years of Mal Kelley for a job very well done, and wish- Corboy then talked about the meaning of faithful service as a member of local and re- ing him the best of luck in the future. his daughter’s life. ‘‘What has she taught us gional school boards. The Lenape Regional in 46 years? That’s an easy one. She taught High School district has had the benefit of f us to respect others, and she taught us how having Mr. Siegman participate in policy dis- COST OF GOVERNMENT DAY to love. Let me remind you, my sons, that cussions which have helped to make the many millions of people have never had a sis- school system one of the best in the region. ter. Many millions of fathers and mothers HON. RON PACKARD Its programs have encouraged many students have never had a daughter . . . many mil- OF CALIFORNIA to continue with great success at premier lions of people have never had children.... IN THE HOUSE OF REPRESENTATIVES We have been fortunate in having the loving, learning institutions throughout the country. In- beautiful, smart, strong Joan Marie Corboy deed, Earl Siegman has spent his entire adult Tuesday, June 22, 1999 with us for the better part of our lives.’’ life serving as a role model to the young peo- Mr. PACKARD. Mr. Speaker, today is Cost He concluded: ‘‘Do not think of Joan Marie ple who have had the privilege of knowing of Government Day. June 22 marks the first Corboy as a memory. Think of her spirit and him. day this year when the average family can carry her spirit and her love of life in your As a steadfast leader, Mr. Siegman has keep their paycheck, not send it to the govern- hearts forever.’’ served as President of the Southern New Jer- ment. In his loss, Corboy has something in com- sey Development Council, where he continues mon with famed Kansas editor William Allen The Cost of Government Day symbolizes White, whose only daughter, Mary Kath- to play an active role in the organization’s en- the total cost of government, not just the cost erine, was killed in a 1921 horseback riding deavors to make the Southern New Jersey re- of taxes. In other words, so far this year, accident. Like Joan Corboy, Mary White had gion a more conducive, as well as lucrative, Americans have worked 173 days to have a passion for life and a democratic spirit. place for doing business. His 25 years of serv- every penny of earnings sent to Washington to White wrote a wonderful tribute that was ice to this organization have helped it become pay for our government’s oversized financial widely reprinted. ‘‘I cannot help feeling that a very unique public/private partnership where burden. her life has reached out and touched other business leaders and legislators continually Americans already pay more for taxes than lives through this article, and I hope it has strive to improve this often-forgotten area of touched them for good,’’ White wrote in a for food, clothing, shelter and transportation New Jersey. combined! After today, our families can finally letter to an old college friend. Mr. Speaker, Mr. Siegman represents the ‘‘Mary was a joyous child. We can’t think spend their paycheck as they see fit, rather type of leader who is a tremendous source of of her for five minutes consecutively without than on regulatory costs and government pro- inspiration for volunteers and the organizations breaking into a laugh,’’ White went on. ‘‘And grams. that they assist. His endless enthusiasm, you can’t go around weeping yours eyes out Mr. Speaker, let’s take this opportunity to re- boundless energy and dedicated interest in and laughing at the same time. We have to affirm our commitment to lower taxes and cut laugh if we think of Mary, and we love to improving the communities that he serves government spending. It is time we put a stop think of Mary.’’ comprise a compendium of qualities for which to this absurd abuse of taxpayer money and Joan Corboy will be long remembered for we should all strive. the same reasons. When students once asked I personally have known Earl Siegman for start providing needed tax relief for American how she got her job, she replied, ‘‘I’m a judge over 20 years and have witnessed first-hand families. because my father has a lot of clout.’’ But his sincere devotion to the public good. Earl f she also was highly qualified and had special grace. deserves a great deal of our gratitude and ad- ACCLAMATION OF THE CHARETTE miration for his tireless service. We congratu- HEALTH CARE CENTER f late you, Earl H. Siegman, on this well-de- IN HONOR OF EARL H. SIEGMAN served award. HON. OWEN B. PICKETT f FOR HIS DEDICATED COMMUNITY OF VIRGINIA SERVICE IN RECOGNITION OF MAL KELLEY IN THE HOUSE OF REPRESENTATIVES HON. JIM SAXTON Tuesday, June 22, 1999 HON. JAMES P. McGOVERN Mr. PICKETT. Mr. Speaker, I offer for inclu- OF NEW JERSEY OF MASSACHUSETTS sion into the CONGRESSIONAL RECORD this IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES statement describing the extraordinary capa- Tuesday, June 22, 1999 Tuesday, June 22, 1999 bilities of the Charette Health Care Center at Mr. SAXTON. Mr. Speaker, in honor of Mr. Mr. MCGOVERN. Mr. Speaker, I rise today Naval Medical Center Portsmouth and the fa- Earl H. Siegman for his remarkable dedication in recognition of Mal Kelley, who is stepping vorable impact this military treatment facility

VerDate jul 14 2003 14:22 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00007 Fmt 0689 Sfmt 9920 E:\BR99\E22JN9.000 E22JN9 13900 EXTENSIONS OF REMARKS June 22, 1999 will have on members of the Armed Services tional level as evidenced by the numerous said to lose such talent, we know we have in in the Hampton Roads Area of Virginia. training Memoranda of Understanding that are him the very best kind of friend, for life. Since its opening on March 15, 1999, the established and maintained with a myriad of f Charette Health Care Center at Naval Medical other health care facilities. Center Portsmouth has proved to be an in- The most impressive feature of Naval Med- INTRODUCTION OF THE PROTEC- valuable asset and a visible quality of life im- ical Center Portsmouth is the caring environ- TION FOR TEMPORARIES IN THE provement for active duty service members ment provided by an outstanding team of mili- WORKPLACE LEGISLATIVE PACK- and other beneficiaries in and around Tide- tary and civilian medical professionals. This AGE water, VA. fantastic staff accounts for the seamless tran- The Navy’s newest, largest and most mod- sition into the Charette Health Care Center, in HON. LANE EVANS ern hospital includes over one million square just five months, when the industry standard to OF ILLINOIS feet of floor space, housing over 300 clinical/ relocate a hospital of this magnitude is typi- IN THE HOUSE OF REPRESENTATIVES exam rooms and over 140 special treatment cally longer than twelve months. The staff at Tuesday, June 22, 1999 rooms. The technology incorporated in this Naval Medical Center Portsmouth continue to Mr. EVANS. Mr. Speaker, I am proud to in- new facility is state-of-the-art, and includes find innovative ways to make quality patient troduce ‘‘Protection for Temporaries in the two MRIs, two CT scanners, two angiography care accessible and have developed numer- Workplace,’’ legislation designed to address suites, two linear accelerators, two mammog- ous patient-friendly amenities in the Charette the lack of equity and economic security so raphy rooms, three dedicated ultrasound Health Care Center. The opening of the prevalent among today’s temporary workforce. rooms, radiographic head and chest units, and Charette Health Care Center provides this Our strong economy has yielded more jobs twenty-two dental exam rooms. Two dedicated team of medical professionals with for Americans than at any other time in recent hyperbaric chambers, used in the treatment of the tools required to set a new and superior history. Indeed, joblessness is now far below wounds and compression illnesses are sched- standard for healthcare delivery to the over what many economists thought could be sus- uled to be installed in January of 2000. The 400,000 military beneficiaries in the Hampton tained in a modern economy. Yet, the additional services being made available to Roads Area. changes in the labor market over the past our uniformed men and women are of the f generation has raised concerns with job secu- highest quality and the latest state-of-the-art rity, workplace protection and employee bene- technology. TRIBUTE TO BRUCE HARRIS fits. Once secure, a growing sector of today’s Other advanced technology that will en- workforce no longer has the luxury of working hance the quality of care and improve the effi- HON. MARION BERRY for the same employer until retirement. ciency of service includes a digital imaging OF ARKANSAS Today, many full-time permanent jobs are picture archive system which replaces conven- IN THE HOUSE OF REPRESENTATIVES being replaced by temporary positions as tional x-rays; a computerized tube system to Tuesday, June 22, 1999 ‘‘flexibility’’ becomes a driving force sustaining transfer prescriptions, samples, and test re- our economic expansion. According to the Na- sults; and a high speed data transfer system Mr. BERRY. Mr. Speaker, I rise today on a tional Association of Temporary Staffing Serv- which powers the hospital’s integrated com- bittersweet note. One of the most valuable ices, over 10 percent of today’s workforce is puter network system and training data base. people on my staff will leave soon to pursue temporary. These temporary jobs rarely offer The most significant and dramatic tech- further professional goals and ideals. During adequate health or pension benefits. Addition- nology improvements can be found in the hos- my time as a Member of Congress, I have had ally, many employees are misclassified as pital’s OB/GYN and Labor and Delivery de- the great pleasure of working with an ex- ‘‘temporary’’ when they are in fact, full-time partments. To meet the evolving needs of a tremely dedicated Chief of Staff, Bruce Harris. employees. Many employment law protections military force comprised of a growing number Bruce has been extremely loyal to me person- are antiquated and often leave temporary of women, as well as continue to meet the really, and I am most grateful for that. More im- workers no recourse against abusive employer quirements of female family members, the portantly, he has been loyal and devoted to practices. This is not only bad for the employ- Charette Health Care Center offers a com- the people of the First Congressional District ees, but also bad for employers who do the prehensive in-hospital birthing center. Ten of Arkansas. ‘‘right thing’’ by taking responsibility for their birthing rooms allow patients to progress from Bruce will soon leave the office of the 1st workers by putting them at a competitive dis- the onset of labor to delivery and recovery in Congressional District to go back to his home advantage with companies who skirt the law. the same room. If complications arise during state of Arkansas and will be leaving huge The temporary work industry is flourishing in labor, four critical care labor rooms are easily shoes to fill. But he also leaves behind an out- large part because employers are turning to accessible, as well as a state-of-the-art neo- standing record of achievement for the people these work arrangements to cut costs and natal intensive care unit that is second to none of the 1st Congressional District of Arkansas, raise revenues because they can exclude em- anywhere either in the military or civilian med- who have come to know, respect, and love ployees from benefit plans and deny them pro- ical community. Moving the labor and delivery him for his administrative talents, legislative tection under labor laws. This is creating a service from the historic 1830 hospital building skill, and his warm and caring personality. new working underclass and lowering our na- to the new Charette Health Care Center has Bruce is a native Arkansan. He has served tional living standard. allowed the Navy to increase capacity and the people of Arkansas first, as an aide to Although temporary work provides flexibility easily accommodate a significant number of then-Representative Blanche Lincoln and then and independence for some Americans, others additional patients who previously received as chief of staff since 1997 when I came to of- resort to ‘‘temping’’ only because they have care elsewhere due to facility restrictions. fice. He is remembered fairly and fondly by not been able to secure permanent, full-time Naval Medical Center Portsmouth is one of the many people with whom he has worked. jobs. According to a report by Dr. Helene the Navy’s premier locations for graduate Bruce Harris is the kind of person who com- Jorgensen of the 2030 Center, temporary em- medical education. The opening of the mands not only the respect and admiration of ployees lack many of the benefits and protec- Charette Health Care Center will help make the staff, but also earns their fondness and tions that are standard with permanent em- an outstanding Graduate Medical Education loyalty as well. In short, he is a leader. ployment. According to the report, only 5 per- even better, by providing fellows, residents His personal style and professionalism will cent of temporary workers age 25–34 have and interns a hands-on milieu where state-of- be missed, yet I know he will serve well in his health insurance through their employer, the-art technology can be paired with a world new endeavor. It has been my extreme pleas- whereas 50.5 percent of the general popu- class teaching experience. More specifically, ure to have watched him develop and grow in lation is covered. In addition, these temporary there are 11 Medical and Surgical Residencies running my operation, and although we will employees earn on average 16.5 percent less and 1 Fellowship which account for 137 Resi- miss him, it is with great pride and admiration than they would have earned working in a reg- dents and Fellows. Also, there are 5 Categor- that I watch him take on this new and de- ular job. ical Internships and 1 Transitional Internship served challenge. More alarming are the instances in which which account for 72 Interns. Additionally, Mr. Speaker, my wife Carolyn and I, along companies regularly hire ‘‘temporary’’ employ- Naval Medical Center Portsmouth is a medical with the entire 1st District staff, wish Bruce the ees for extended periods and continually ex- education partner on both a regional and na- very best in the future, and though we are clude them from any benefit plans that they

VerDate jul 14 2003 14:22 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00008 Fmt 0689 Sfmt 9920 E:\BR99\E22JN9.000 E22JN9 June 22, 1999 EXTENSIONS OF REMARKS 13901 offer their ‘‘permanent’’ employees. In many Finally, he lived a life that towers as an ex- low-income neighborhoods where over one- cases, temporaries are performing the same ample to each of my four boys. At dinner on half the children tested have elevated levels of work alongside a ‘‘permanent’’ employee, yet Tuesday upon hearing the story of Gordon’s lead in their blood and lead poisoning rates are taking home lower pay and have no ac- death, a friend asked, ‘‘Was he a Christian?’’ are estimated at five times the national aver- cess to health, vacation, or pension benefits. I said, ‘‘Absolutely.’’ Whereupon he asked, age. PAL recruits parents, and trains individ- Employers regularly use this practice of hiring ‘‘How do you know?’’ I said, ‘‘Because Mat- uals to become community organizers and ‘‘Permatemps’’ to keep the costs of their ben- thew 5:16 says let your light so shine before provide door-to-door and community-wide edu- efit plans at a minimum. men that they may see your good works and cation forums. There are now over 50 active My legislative package will remedy these sit- give glory to your Father who is in Heaven.’’ PAL members working in partnership with fed- uations, and prohibit employers from evading He had the light, you could see it in his eyes eral, state and local health departments, their legal and moral responsibilities to their and in his actions. One of those actions was schools, churches, health centers, and parents employees, without placing a mandate on his work at the Sheppard Clinic. He loved the to fight childhood lead poisoning in Milwaukee. America’s businesses. Businesses are not re- patients and they loved him, despite the fact Mr. Ruiz has coined a rallying cry for par- quired to provide benefits for temporary em- volunteerism is a trait lost on most bachelors. ents and others concerned about childhood ployees, but are prohibited from using under- In short, he didn’t spend his time talking about lead poisoning: ‘‘Stop Using Our Children as handed tactics to exclude full-time employees his faith, he lived it. Love, joy, peace, pa- Lead Detectors.’’ Under this banner, Ruiz who would be otherwise eligible to participate tience, kindness, gentleness, faithfulness, and scored a major victory for children when his in a benefit plan. self-control are what the Bible calls the fruit— group pushed an ordinance through City Hall The ERISA Clarification Act, amends the the byproduct—of the spirit. He had it in abun- that will make rental properties lead-safe Employee Retirement Income Security Act of dance. He would have given love and more homes for children. The program he cham- 1974 (ERISA) to prevent employers from generously to Marilee, who he was to have pioned also provides financing to help land- misdesignating employees as ‘‘temporary’’, married two weeks after his death. Love was lords in targeted neighborhoods assess and who are otherwise eligible for health, pension the easiest word to describe him, and I sup- eliminate the problem. This initiative is the re- and other employee benefits. pose what I will most miss. Good-bye. sult of years of work, and Juan Carlos Ruiz Specifically, the bill defines ‘‘Year of Serv- f built an effective partnership to get the job ice’’ in ERISA to include all service for the em- done. He worked with the Milwaukee Health ployer as an employee under the common IN HONOR OF JUAN CARLOS RUIZ, Department and key members of the Mil- law, regardless of how or where the worker is OF MILWAUKEE, WISCONSIN waukee Common Council to build public paid—through an employment agency, payroll awareness of childhood lead poisoning and agency, temporary help agency or staffing HON. THOMAS M. BARRETT support for the ordinance. He also helped me firm. OF WISCONSIN to get involved in the effort to help secure The Equity for Temporary Workers Act, pro- IN THE HOUSE OF REPRESENTATIVES HUD funding that the City will use to imple- vides additional protection in the workplace for ment the ordinance. temporary employees by prohibiting discrimi- Tuesday, June 22, 1999 Juan Carlos Ruiz is a dedicated community nation in benefit plans that are not governed Mr. BARRETT of Wisconsin. Mr. Speaker, I servant, activist, and leader. He was selected by ERISA, requiring temporary employees to would like to talk today about a remarkable, as one of ten out of more than 300 nominated receive equal pay for equal work and amend- courageous man who has dedicated himself to for this honor. Juan Carlos Ruiz is a credit to ing OSHA to ensure that employers are re- improving the lives of those around him. Mr. Milwaukee, and through his tireless work, my sponsible for the health and safety of all em- Juan Carlos Ruiz is a fine member of my home town has become a better place to live ployees at the worksite—not just those who home community of Milwaukee, Wisconsin and a safe replace to grow up. I am proud to are ‘‘permanent.’’ and I am proud to announce that he has been join his family, his colleagues and the Commu- f recognized for his good work with the nation’s nity Health Leadership Program in congratu- TRIBUTE TO GORDON BYNUM most distinguished citation for community lating Juan Carlos Ruiz on a job well done. health leadership: the Robert Wood Johnson f Foundation’s Community Health Leadership HON. MARSHALL ‘‘MARK’’ SANFORD Award. HELP US TO PRESERVE THE OF SOUTH CAROLINA Mr. Ruiz has been committed to social jus- HISTORY OF THE HOUSE IN THE HOUSE OF REPRESENTATIVES tice since he was politically active in his home Tuesday, June 22, 1999 country of Peru. Fourteen years ago, Mr. Ruiz HON. JOHN B. LARSON Mr. SANFORD. Mr. Speaker, I rise tonight discovered that his life may be in danger be- OF CONNECTICUT to pay tribute to, and say good-bye to, a dear cause of some work he was doing in opposi- IN THE HOUSE OF REPRESENTATIVES friend. Gordon you will be missed, but not for- tion to ‘‘Shining Path’’ and was forced to flee Tuesday, June 22, 1999 gotten. Gordon Bynum was the living definition his homeland. Four years later, he arrived in of the word, ‘‘friend.’’ This spring, on what the United States where he secured political Mr. LARSON. Mr. Speaker, I rise today to turned out to be his last trip down to Coosaw, asylum. Mr. Ruiz quickly returned to commu- inform my colleagues about legislation I am in- he called my wife, Jenny, ahead of time to say nity activism and leadership, helping develop a troducing today to help preserve the history of he wanted to come early to get things ready community nursing center at Riverwest Ele- the House. for the party. He was there and helped. This mentary School while working at the East Side Every time we pass through Statuary Hall, was part of a well worn pattern in the way he Housing Action Coalition (ESHAC). He also which is the old House chamber, we are re- lived his life. Getting there early, staying coordinated a crime prevention campaign to minded by the statue of Clio that our actions later—going the extra mile—was what he identify and close down 50 suspected drug as members of the House should be recorded thought normal. If I had ever found myself in houses, as well as mobilize over 300 city resi- for the benefit of future generations. Unfortu- real trouble with the option of only one call, it dents behind a liquor license reform. nately, however, we do not have an updated would have been to Gordon. And, in his spare time, Mr. Ruiz helped to narrative history of the House of Representa- In his 44 years he did not spectate on life, create and continue to run a neighborhood tives, especially one arranged chronologically. he lived it. When Atlanta was still sleeping, I group, the Cleaning Out Riverwest Committee Moreover, it seems that the only time we take remember leaving town in the early morning (CROC). CROS has redeveloped Gordon Park stock of the history of the individual members hours to go on one of his crazy mountain and provides recreational activities to youth. of the House is either when they retire, such canoe trips. Exotic locations, atlases, wilder- For the past several years, Juan Carlos as the recent tribute to Representative Robert ness maps were part of Gordon’s world; Jenny Ruiz has led the fight against childhood lead L. Livingston, or when they die, such as the and I still have at the house National Geo- poisoning in inner-city Milwaukee. Ruiz is a recent memorial service for Representative Mo graphic books he had sent after our wedding. community organizer for the Wisconsin Citizen Udall. These events, however, are fleeting In fact, his birthday card to me, this year, one Action Fund’s Community Lead-Safe Zones snapshots of the rich portrait that is the House I received two days after his death, had project. He directs the Parents Against Lead and its members, which is why we need a penned at the bottom, ‘‘Adventure soon?’’ Task Force (PAL) which focuses on inner-city more comprehensive history.

VerDate jul 14 2003 14:22 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00009 Fmt 0689 Sfmt 9920 E:\BR99\E22JN9.000 E22JN9 13902 EXTENSIONS OF REMARKS June 22, 1999 My bill, the History of the House Awareness of oral histories of the Congress. These will lishment. He also has been instrumental in the and Preservation Act, would authorize the Li- undoubtedly prove invaluable to some future development of the Michigan Opera Theater. brary of Congress to commission eminent his- historian in continuing the narrative begun Frank Stella’s life has been a testament to by your legislation. torians to assemble a written history of the I would like to extend again my offer to the American truth. Diversity is a source of House. The history is intended for Members, hold a lecture series on the history of the strength. Pride in one’s heritage empowers staff, and the general public. Copies will be House of Representatives in the Members’ our nation, especially when it is blended with provided to each Member and will also be sold Room, as a way of both stimulating interest an appreciation for the heritage of all others. to the general public by the Library of Con- in the published history and drawing to- On June 28, hundreds of friends will gath- gress. It is expected that there will be no cost gether Members, former Members, historians er—in Frank Stella’s style—with informality, no to the federal government for this book. The and the Library’s incomparable collections long speeches, no pretenses, some good food bill lets the experts at the Library decide for the enjoyment and enlightenment of all. and exuberant cheer. Proceeds from the din- Sincerely, ner will not go for fancy personal gifts but to whether the cost of this book should be paid JAMES H. BILLINGTON, for by selling it or through the raising of private The Librarian of Congress. help others, the next generation, through the funds. F.D. Stella Scholarship Fund at the National The bill would also allow the Library to up- f Italian American Foundation. date and expand the collection of oral histories TRIBUTE TO FRANK D. STELLA Mr. Speaker, it is my privilege to rise today of members given to the Library by the Asso- to enter these words into the CONGRESSIONAL ciation of Former Members of Congress, and HON. SANDER M. LEVIN RECORD. It is so fitting they be placed in the it is hoped that the oral histories will be made OF MICHIGAN proceedings of this institution, which embodies Frank Stella’s faith in American democracy available in digital format so they can be IN THE HOUSE OF REPRESENTATIVES downloaded from the Library’s Internet Web and is built on the kind of political activity in Page. Additionally, the bill contains two sense Tuesday, June 22, 1999 which he has participated but which in the end of the Congress provisions, which state that Mr. LEVIN. Mr. Speaker, on Monday, June can rise above all partisanship. orientation programs for freshman members of 28, 1999, a large group of people from a wide f the House should contain a seminar on the variety of walks of life will gather to spend history of the House, and that the Speaker of some time with, and pay tribute to, a distin- PERSONAL EXPLANATION the House should conduct a series of fora on guished citizen of Michigan—Frank D. Stella. the history of the House. In many cases, those in attendance will be HON. JAMES E. ROGAN I am introducing this bill with over 240 origi- meeting one another for the first time. They OF CALIFORNIA nal co-sponsors, including the Speaker of the may have little in common in terms of their oc- IN THE HOUSE OF REPRESENTATIVES House, the Honorable J. DENNIS HASTERT, and cupations or their political affiliations and they Tuesday, June 22, 1999 the Democratic Leader, the Honorable RICH- will come from virtually all ethnic and religious ARD A. GEPHARDT. I sincerely appreciate their backgrounds. Mr. ROGAN. Mr. Chairman, on rollcall No. endorsement and encouragement. What they will have most in common is their 242, I was present, but inadvertently failed to I am including a copy of a letter in support friend, Frank Stella, the warmth of his friend- be recorded as voting. I should have been re- of this bill from the Librarian of Congress, Dr. ship, and the depth of his humanity that each corded as an ‘‘aye’’ vote. James H. Billington, for which I am very grate- has witnessed over the years. f ful. I would like to urge the rest of my col- Frank Stella has been involved in a unique TRIBUTE TO THE HONORABLE leagues to support this bi-partisan effort in breadth of community activities, incessantly BARBARA BOUDREAUX order to ensure that we do our best to pre- finding time from his highly successful entre- serve the history of this great body in which preneurship as Chairman and CEO of F.D. we serve. Stella Products, which he founded after his re- HON. MAXINE WATERS OF CALIFORNIA THE LIBRARIAN OF CONGRESS turn from service in World War II. The fol- June 22, 1999. lowing are just a sample of his activities over HON. JULIAN C. DIXON HON. JOHN B. LARSON, four decades: Board of Trustees at the Univer- OF CALIFORNIA U.S. House of Representatives, Washington, DC. sity of Detroit-Mercy; Chairman, Merger Com- IN THE HOUSE OF REPRESENTATIVES DEAR MR. LARSON: I very much appreciate mittee, Mt. Carmel Mercy Hospital and Samar- the opportunity to review the final version Tuesday, June 22, 1999 of your draft bill authorizing the Library of itan Hospital; Chairman, Wayne State Univer- Congress to oversee the preparation of a sity Advisory Board; Board of Directors and Ms. WATERS. Mr. Speaker, my colleague, written history of the House of Representa- Board of Trustees, Michigan Cancer Founda- Mr. DIXON and I, rise today to pay tribute to tives. I believe the legislation you have de- tion; Board of Directors, Hispanics Organized the Honorable Barbara M. Boudreaux, a dedi- veloped allows the Library to bring together to Promote Entrepreneurs (H.O.P.E., Inc.); cated public servant who is ending her service a number of necessary elements to produce Board of Directors, Detroit Renaissance; today as a member and Vice President of the an authoritative publication that will fill a Board of Directors, New Detroit, Inc.; Board of Board of Education for the Los Angeles Uni- void in the annals of the Congress, and I sup- Trustees of the National Shrine of the Immac- fied School District. We are proud to join her port both the bill’s goal and substance. Your legislation will allow the Library’s ulate Conception, Washington, DC; National many friends and colleagues today in honoring publishing office and curatorial staff to work Committee for the Vatican Judaica Exhibition; and celebrating her many years of exemplary together to develop the project, identify pri- Chairman, Board of Directors and Executive service. mary source material in our collections, and Committee, Save Orchestra Hall, Inc.; Board Barbara’s remarkable record includes not explore various options for its publication. of Directors, Michigan Opera Theatre; Board only eight years as a member of the Board of As I indicated in my comments on an earlier of Directors of the Detroit Round Table (Chris- Education, but more than thirty years of serv- draft of the legislation, I envisage appoint- tians and Jews); Board of Trustees, WTVS/ ice as a highly respected career educator. ing a scholarly advisory board, including historians as well as current and former Mem- Channel 56—Detroit Public Television; and During the span of her career she has been bers of Congress, to assist in the selection of Member of the Board and Executive Com- a teacher, a training teacher, a vice-principal, one or more historians to provide the text of mittee, Detroit Symphony Orchestra Hall. and a principal. the book, and to continue to be involved I have been particularly privileged to work She also has served the district as a mentor through the publication stage. The legisla- with Frank Stella in an arena that embodies for teachers, as a leader of the district’s Acad- tion provides sufficient discretion for the Li- his love of life—music. He was instrumental in emy for Administrators, and as an assessor of brary to work out the details of funding, the efforts to save Orchestra Hall. That mag- promotional examinations for principals. She publication, marketing and distribution in a nificent and historic amphitheater for the was also an evaluator of textbooks, and as- manner consistent with the best interests of sound of music was threatened by a wrecker’s sisted in development of the district’s hand- the House of Representatives. The legislation also reflects the appro- ball. Frank Stella jumped into action with oth- book on preventing and controlling anti-social priate roles of the Library of Congress and ers and today its unique acoustics spread the behavior among our youth. the U.S. Association of Former Members of joy of classical and other music, instead of Barbara always understood that the health Congress in the collection and preservation being replaced by a proposed fast food estab- of our educational institutions is closely linked

VerDate jul 14 2003 14:22 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00010 Fmt 0689 Sfmt 9920 E:\BR99\E22JN9.000 E22JN9 June 22, 1999 EXTENSIONS OF REMARKS 13903 to the health of our communities. She has tinues to do, makes it clear that these are the Guard, creating a ‘‘Total Army.’’ He can take been, and continues to be, heavily involved in words she lives by. The daughter of Dominick great pride in the Army’s accomplishments, the life of our community. and Florence Pingitore, Angeline was born in under his leadership, as well as its current in 1991, Barbara was elected to represent Little Falls, NY. The family moved to Long state of preparedness. District 1, on the Board of Education. During Branch, and Angeline graduated from Long General Reimer has created the vision and her tenure, the Board was faced with some of Branch Senior High School. She went on to set the stage for the Army of the 21st Century, its most difficult challenges. One of the most earn a B.S. degree from Trenton State Teach- a strategically responsive force. Throughout pressing of these were the problems of infra- ers College, and then pursued a distinguished his career, General Reimer has distinguished structure and the need to modernize older fa- career as an elementary school teacher at himself in numerous command and staff posi- cilities, and build new campuses in under- Star of the Sea School in Long Branch for 25 tions with American Forces stationed both served communities. years. In addition to being a teacher, she also overseas and in the continental United States. Barbara realized that these barriers to learn- became a real estate agent. In Asia, he served two tours of duty in Viet- ing had to be removed. Under her leadership, Angeline married Rocco Bonforte and they nam and a tour in Korea. In Europe, his as- the Board placed a school bond initiative, have two daughters, Mary Ann and Carol signments included serving at the Com- Proposition BB, on the ballot which would ad- Lynn. Mr. Bonforte is also one of Long mander, Division Artillery and the Chief of dress the district’s infrastructure needs. More Branch’s best known and most celebrated citi- Staff of the 8th Infantry Division. important, she reached out to the larger com- zens, having served as Police Commissioner munity and invested the hard work and per- of our City. While steadfastly supporting her General Reimer’s stateside assignments suasive power required to obtain the unprece- husband’s political endeavors, Angeline have included serving as the Commanding dented two-thirds voter margin required for Bonforte has been a leader in her own right. General, 4th Infantry Division, at Fort Carson, passage. He served as President of the Women’s Auxil- Colorado, and as the Commanding General, Armed with resources from the bond meas- iary of the Amerigo Vespucci Society, Presi- Forces Command, at Fort McPherson, Geor- ure, the Board has set out to repair and ren- dent of the Women’s Democratic Club of Long gia. Since June 1995 General Reimer has ovate older schools, build new schools and re- Branch and the Women’s Democratic Club of served in his present assignment at the 33rd duce overcrowding. As a result of her tireless Monmouth County. She has also served as a United States Army Chief of Staff. He has efforts, classrooms that were once too hot, Trustee of the Long Branch Public Library and served with great distinction. I would like to have been retrofitted with air conditioners cre- has been associated with several civil and offer my congratulations to General Reimer on ating a more conducive learning environment local clubs and activities. a job well done, and to wish him and his wife, for the school children. While Angeline is ‘‘officially’’ in retirement Mary Jo, much continued success in their fu- Barbara understood, however, that more now, she is still extremely active, including her ture endeavors. than cooling the classrooms would have to be involvement on a daily basis in Carol Lynn done to help our children succeed. So she and Don Chetkin Art Gallery in Red Bank, NJ. f marshaled the needed funds that will ulti- When here in the nation’s capital, she is at mately put computers in all of our classrooms. work in her granddaughter’s business. IN THE INTRODUCTION OF V.I. And, when the district’s under-achieving Mr. Speaker, it’s a privilege to include in the LEGISLATURE REDUCTION ACT schools were identified, she made sure that pages of the CONGRESSIONAL RECORD some of there was a special intervention of resources the achievements of Angeline Bonforte on the and talent that has resulted in higher test occasion of her being honored by San Pietro HON. DONNA MC CHRISTENSEN scores. Apostolo. OF VIRGIN ISLANDS As Barbara prepares to leave the Board of f Education, she can take great satisfaction in IN THE HOUSE OF REPRESENTATIVES TRIBUTE TO GENERAL DENNIS J. knowing that she leaves the district in better Tuesday, June 22, 1999 shape than when she was first elected, and REIMER that the foundation for a successful future has Ms. CHRISTENSEN. Mr. Speaker, I rise been built. HON. FLOYD SPENCE today to introduce a bill which was submitted Mr. Speaker, Barbara Boudreaux has made OF SOUTH CAROLINA to me, by the members of the Legislature of an important difference for our children in Los IN THE HOUSE OF REPRESENTATIVES my Congressional District, to make it possible Angeles. We appreciate this opportunity to for the Virgin Islands Legislature to reduce its honor the exceptional legacy she leaves, and Tuesday, June 22, 1999 size. This proposal was also introduced in the to salute her distinguished contributions to the Mr. SPENCE. Mr. Speaker, I rise today to previous Congress but was not acted upon in Los Angeles community. We know our col- recognize the outstanding service to our Na- time to become law. leagues join us in wishing her and her hus- tion of General Dennis J. Reimer, the United Mr. Speaker, the Virgin Islands and the band Albert and their family a future that is full States Army’s 33rd Chief of Staff, who retired other U.S. Territories continue to strive for full of good health and prosperity. on June 21, 1999. General Reimer’s career local self-government. While we have f has spanned over 36 years, during which time achieved local self-government in many ways he has distinguished himself as a soldier, a already, from time to time, those of us that SAN PIETRO APOSTOLO PAYS leader, and a trusted advisor to both the Presi- have not yet adopted a local constitution, have TRIBUTE TO ANGELINE BONFORTE dent and the United States Congress. to petition Congress to make changes in the As Chief of Staff, General Reimer has pre- general law, or Organic Act, which governs us. HON. FRANK PALLONE, JR. pared our Nation’s Army well for the chal- This bill is one of those times. OF NEW JERSEY lenges of the 21st Century. He leaves the In a resolution petitioning the Congress to IN THE HOUSE OF REPRESENTATIVES Army trained and ready, a superbly disciplined force that supports our Country and its inter- reduce the number of Virgin Islands Senators, Tuesday, June 22, 1999 ests in 81 countries around the globe. In a pe- it stated that the people of the Virgin Islands Mr. PALLONE. Mr. Speaker, on Saturday, riod fraught with leadership challenges, Gen- is represented by a 15 member Legislature June 26, the Saint Peter Society (San Pietro eral Reimer has defined and inculcated the which is among the highest ratio of legislators Apostolo) of Long Branch, NJ, will pay tribute Army’s values of ‘‘Loyalty, Duty, Respect, Self- to constituents currently existing in any U.S. to one of our leading citizens, Mrs. Angeline less Service, Honor, Integrity and Personal jurisdiction. The bill that I introduce today does Bonforte. It is a great honor for me to join in Courage’’ throughout the total force. As a re- not proscribe what the number of Virgin Is- recognition and raise of someone who has sult of his efforts, he has created a seamless lands Senators will be but leaves it up to the contributed so much to our community. force which maximizes the unique and com- legislature and people of the Virgin Islands to Angie Bonforte’s motto is ‘‘never stop.’’ See- plementary capabilities of its three compo- decide. ing all that she has accomplished, and con- nents—Active, Army Reserve, and National I urge my colleagues to support its passage.

VerDate jul 14 2003 14:22 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00011 Fmt 0689 Sfmt 9920 E:\BR99\E22JN9.000 E22JN9 13904 EXTENSIONS OF REMARKS June 22, 1999 AVIATION INVESTMENT AND RE- RESOLVING THE CONFLICT IN SRI Fegley as he prepares to culminate his active FORM ACT FOR THE 21ST CEN- LANKA duty career in the United States Army. Gil is TURY the epitome of an outstanding officer and lead- HON. MICHAEL E. CAPUANO er. SPEECH OF OF MASSACHUSETTS Colonel Fegley began his career more than HON. LUCILLE ROYBAL-ALLARD IN THE HOUSE OF REPRESENTATIVES 25 years ago when he was commissioned as Tuesday, June 22, 1999 a second lieutenant, and first served as an As- OF CALIFORNIA sistant Staff Judge Advocate Trial Counsel in IN THE HOUSE OF REPRESENTATIVES Mr. CAPUANO. Mr. Speaker, I would like to Grafonver, Germany. A graduate of the Dickin- submit the following article from The Boston Tuesday, June 15, 1999 son School of Law in Carlisle, Pennsylvania Globe on December 4, 1998 for the RECORD. and the Command and General Staff College, The House in Committee of the Whole The conflict in Sri Lanka has existed for over Gil Fegley has met the many challenges of House on the State of the Union had under 16 years without any solution. We must en- military service as an Army Officer, and has consideration the bill (H.R. 1000) to amend courage the parties involved to stop the terror faithfully served his country in a variety of title 49, United States Code, to reauthorize and to accept a third party mediation to end command staff assignments in the Continental programs of the Federal Aviation Adminis- the war. tration, and for other purposes: United States, Hawaii, and Germany. Gil also [From the Boston Globe, December 4, 1998] deployed in support of Operation Desert Storm Ms. ROYBAL-ALLARD. Mr. Chairman, I re- A CHANCE FOR PEACE IN SRI LANKA gretfully rise in opposition to H.R. 1000. Our as the Deputy Staff Judge Advocate. For the first time in four years, there is a Gil has served in the Army Legislative Liai- country’s aviation system is integral to our na- glimmer of hope for peace talks to end one of son Investigation and Legislative Division as tion’s transportation system and there’s no the world’s bloodiest conflicts, the war be- the Chief, Legislative Counsel. During his ten- question we need to continue to invest in tween the government of Sri Lanka and that ure in the Legislative Liaison Office, Gil America’s aviation infrastructure. country’s Tamil minority. Terrible suffering worked hard to represent the interests of the The problem is that this bill takes the Avia- on both sides has induced a war-weariness that may become the prelude to peace- Army to Members of Congress. He presented tion Trust Fund ‘‘off-budget’’ which means making. a positive and impressive image of the Army aviation taxes cannot be used for any other A call for negotiations last Friday from during the course of his duties there. purpose, creating what’s called a firewall the leader of the Liberation Tigers of Tamil He concludes his career as the Special As- around billions of dollars in aviation taxes. As Eelam drew a wary but welcoming response sistant for Installations and Legal Issues in the a former member of the Budget Committee from Sri Lanka’s main opposition party. Office of the Assistant Secretary of Defense and a current member of the Appropriations ‘‘This is a major move by the Tigers, and it is a very positive one to which the govern- for Legislative Affairs. Always thorough and Committee, I can safely say this makes a ment must respond,’’ said the leader of the precise in applying his legal skills, Gil was mockery of the budget process and threatens United National Party. This response is also very generous with colleagues, both sen- our surplus. promising because for too long the opposi- ior and subordinate, who sought out his advice Supporters of the bill argue that since the tion and the governing People’s Alliance of on legislative matters. Senior Defense officials money in the aviation trust fund comes from President Chandrika Kumaratunga have depended on Gil for his studious approach to aviation taxes, it should all be spent for avia- competed to appear the more inflexible foe of dialogue with the Tamils. matters and Congressional Members and staff tion purposes. As a matter of tax fairness, fed- Because Washington maintains warm rela- looked to him for his honesty and professional eral taxes should be spent for their intended tions with the Sri Lankan government, even assessment of any given situation. purposes. providing training and arms sales to its Mr. Speaker, service and dedication to duty But this is simply a red-herring argument to armed forces, and since the Tiger leader Velupillai Prabhakaran called for third- have been the hallmarks of Colonel Fegley’s justify placing aviation spending at the abso- career. He has served our nation and the lute head of the line in competition for federal party mediation in his offer of negotiations, the United States could play a crucial role in Army well during his years of service, and we funds. Furthermore, taking the trust fund off- ending Sri Lanka’s long nightmare. are indebted for his many contributions and budget means that there would be no budg- The State Department has been reluctant sacrifices in the defense of the United States. etary constraints to control aviation spending. to become involved in the conflict because I am sure that everyone who has worked with This is troubling for two reasons. neither side had been willing to accept the Gil joins me in wishing him and his wife, Mar- premise of a negotiated solution, as the an- First, why are we exempting aviation pro- ion, health, happiness, and success in the grams from the normal budget scrutiny that all tagonistic parties did for the Oslo accords in the Middle East and the peace talks that years to come. other programs must endure? Do we really George Mitchell guided in Northern Ireland. f want to place aviation funding ahead of all Even now the State Department does not other federal priorities such as education, want to rush ahead of events. NATIONAL JUNETEENTH health care, Medicare, or national defense? Nevertheless, Tamil intermediaries are CELEBRATION Second, taking the trust fund off-budget sending exploratory messages to the Tiger means we jeopardize our surplus. AIR–21 will leadership asking about the chances for a cease-fire. If the Tigers want to shed their HON. ELIJAH E. CUMMINGS spend $14.3 billion more over five years on well deserved reputation as incorrigible ter- OF MARYLAND airport construction, busting the budget caps. rorists, they will accept the idea of a cease- IN THE HOUSE OF REPRESENTATIVES This additional funding, since it’s not subject to fire. In return, the Chandrika government the normal budget rules which require offsets, should agree to withdraw its troops from the Tuesday, June 22, 1999 will be paid out of the surplus. While Repub- northeast province. If these gestures of good Mr. CUMMINGS. Mr. Speaker, I rise today licans may be confused as to what their prior- will are made by the belligerents, the United on behalf of the Juneteenth National Museum, ities are, Democrats are unified that any budg- States would do well to take on the role of located in my home district of Baltimore, Md., third-party mediator in peace talks. et surplus should be dedicated to shoring up and in observance of the National Juneteenth Social Security and Medicare. f Celebration. Let’s be clear. This bill is nothing more than TRIBUTE TO COLONEL GILPIN RAY On Saturday, June 19, 1999, the Juneteenth an attempt to put one small part of the budget FEGLEY, UNITED STATES ARMY, National Museum held its 11th annual ahead of the other. At the same time, it busts ON THE OCCASION OF HIS RE- ‘‘Juneteenth’’ celebration commemorating the our spending caps, eviscerates any notion of TIREMENT Emancipation Proclamation. Juneteenth is reasonable fiscal discipline and handicaps our generally celebrated on June 19, which is con- ability to preserve the surplus. sidered as the day of emancipation from slav- If Congress feels we should increase the HON. GENE TAYLOR ery of African-Americans in Texas. It was this OF MISSISSIPPI nation’s investment in aviation, let’s do that. day in 1866 that Union Major General Gordon IN THE HOUSE OF REPRESENTATIVES But let’s not permanently put one category of Granger read General Order #3 to the people spending ahead of another. In the spirit of Tuesday, June 22, 1999 of Galveston, Texas, informing them of their budget discipline and fairness, I urge my col- Mr. TAYLOR of Mississippi. Mr. Speaker, I new status as free men. Since then, leagues to vote against this bill. rise today to pay tribute to Colonel Gilpin R. Juneteenth was celebrated in Texas, and

VerDate jul 14 2003 14:22 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00012 Fmt 0689 Sfmt 9920 E:\BR99\E22JN9.000 E22JN9 June 22, 1999 EXTENSIONS OF REMARKS 13905 quickly spread to other southern states, such At the Mercury-News she exposed chemical MANDATORY GUN SHOW as Louisiana, Arkansas, Oklahoma, and even- contamination of drinking water in South San BACKGROUND CHECK ACT tually the rest of the country. In addition to a Jose, disclosed unsatisfactory medical care for festival, the celebration included the purchase the indigent, and wrote about industrial espio- SPEECH OF of lands or ‘‘emancipation grounds’’ by freed nage. She joined the San Francisco Chronicle HON. TERRY EVERETT slaves in honor of the celebration. On January in 1990. She wrote some of the biggest polit- OF ALABAMA ical stories of the 80’s and 90’s. She covered 1, 1980, under the provisions of House Bill IN THE HOUSE OF REPRESENTATIVES No. 1016, the 66th Congress of the United national, state, and local politics for the Chron- States declared June 19th ‘‘Emancipation Day icle. Her assignments included the 1992 presi- Friday, June 18, 1999 in Texas,’’ making Juneteenth a legal state dential campaign, the governor’s race in 1990 The House in Committee of the Whole holiday. and 1994, the 1991 San Francisco Mayoral House on the State of the Union had under ‘‘Ring the Bell of Freedom’’ was the race and the 1992 U.S. Senate race. She also consideration the bill (H.R. 2122) to require Juneteenth National Museum’s festival theme wrote in-depth about issues, from affirmative background checks at guns shows, and for for 1999. Juneteenth is an important event in action to abortion, from tobacco tax to the other purposes; Baltimore that celebrates American history and hazards of toxic chemicals. Susan was pro- Mr. EVERETT. Mr. Chairman, during last historical figures. The annual occurrence of moted to political editor in 1994. week’s consideration of the Gun Show Protec- Juneteenth attracts people from across the Her love of language surfaced at an early tion Act (H.R. 2122), my vote in support of the state to downtown Baltimore in observance of age: She become the National Spelling Bee Rogan amendment to prohibit individuals who this event. Champion in 1969, winning her title by cor- have committed ‘‘violent acts of juvenile delin- Among the various festivities, the celebra- rectly spelling the word, ‘interlocutory.’’ Susan quency’’ from possessing firearms as adults tion included lectures on important historical was renowned for her wonderful wit and sense was not tallied by the electronic voting ma- figures, spoken word readings, musical attrac- of humor. chine. tions, and food venues that satisfied every In 1992, she was the first to call Democratic Although I opposed the underlying bill be- taste imaginable. There were shopping oppor- Senate candidates Dianne Feinstein and Bar- cause the focus was on penalizing law-abiding tunities for antique buffs, and a vast array of bara Boxer the ‘‘Thelma and Louise of Amer- citizens rather than criminals, I support the in- arts and crafts available for purchase. In keep- ican politics.’’ tent of the Rogan amendment to toughen pen- She had a passion for politics—the drama, ing with this year’s theme, the celebration fea- alties for violent criminals. the intrigue and, most important, the effect on tured an emotionally stirring re-enactment of a the lives of ordinary citizens. She brought an f slave auction. Still, along with the painful im- unusual combination of idealism, pragmatism, SPACE POLICY ages that accompany an event like a slave and skepticism to her work. auction, came the sweet and pleasant visions Last year, when the candidates for Califor- HON. BOB SCHAFFER of liberation and freedom. There was also a nia’s governorship debated, Susan wrote one OF COLORADO walk through a historical exhibit on Paul Robe- last memorable piece of political analysis. son, along with a lecture from Dr. Beryl Wil- ‘‘What I was hoping for, while I’ve been IN THE HOUSE OF REPRESENTATIVES liams, Dean Emeritus of Morgan State Univer- sidelines by illness, was a discussion of issues Tuesday, June 22, 1999 sity. and what difference it would make who ends Mr. SCHAFFER. Mr. Speaker, I rise today Further, the Juneteenth festival featured up being elected governor in a time of pros- to address the important topic of America’s both a tap and step dance exhibition, along perity,’’ she wrote. ‘‘I wanted to see the can- space policy in the post-Cold War world. One with a family tent with activity and game tables didates discuss their plans for schools instead of America’s leading experts on this subject, for children and adults. It concluded with a of acting like school bullies in their 30-second Mr. James H. Hughes of Englewood, Colo- performance by the New Baltimore Hand ads.’’ rado, has written many articles concerning this Dancers at the dance pavilion. The Juneteenth Susan brought to her fight against breast topic. I would like to submit Mr. Hughes’ latest Festival has grown to be a vitally important cancer the same indomitable spirit, tenacity, article entitled ‘‘Space Policy’’ for the RECORD. part of not only Baltimore, but African-Amer- passion, and humor that served her so well as ican culture as well. True to tradition, this The end of the Cold War brought with it a political writer. the dissolution of the Soviet Union, and a year’s celebration proved to be as exciting as She was called a ‘‘real life Murphy Brown’’ euphoric victory, more completely realized ever. for her courage in sharing her personal battle after the 1991 Persian Gulf War. The U.S. I congratulate Juneteenth National Museum with cancer with hundreds of thousands of sought to convert its ‘‘peace dividend’’ from on a successful Juneteenth celebration. readers. But Susan was more than that. Her winning the Cold War, into a new social f work has been a lighthouse beam through the order, rather than understanding the Cold fog of local and national politics,’’ wrote the War and seeking a responsible victory, much IN REMEMBRANCE OF SUSAN Wall Street Journal’s Marilyn Chase. ‘‘She like the Marshall Plan after World War II. YOACHUM—POLITICS WITH PAS- stands as a model of professionalism and Aided by a minor downturn in the economy SION and third party candidate Ross Perot who courage in the workplace. The lesson for col- split the vote with George Bush, Bill Clinton leagues of cancer survivors: Professionalism won the 1992 presidential election, and uti- HON. NANCY PELOSI doesn’t disappear with a diagnosis.’’ lized the ‘‘peace dividend’’ for an agenda of OF CALIFORNIA Susan wrote movingly about the 180,000 cutting spending for defense, and funding so- IN THE HOUSE OF REPRESENTATIVES women who get breast cancer each year. ‘‘I cial programs. Accelerated spending of the have metastatic breast cancer,’’ she wrote last ‘‘peace dividend’’ became a prominent theme Tuesday, June 22, 1999 September. ‘‘It’s a tough word to spell and an in Bill Clinton’s first term of office (1993– Ms. PELOSI. Mr. Speaker, sadly I rise to re- even harder one to say, but it’s meaning is 1997). mind my colleagues that today marks the first rather simple. It means a runaway strain is ca- The Cold War victory of the U.S. was rec- anniversary of the passing of Susan Yoachum, ognized by some as an incomplete victory. reening through my body. I want there to be The Cold War—communism—had cost the one of the most respected political writers in a face that goes with these statistics. It cer- Soviet Union dearly. The U.S. and Western California. tainly doesn’t have to be my face: it can be Europe had won. The Soviet Union and East- Born on May 12, 1955 in Dallas, Texas, the face of someone you surely know and love ern Bloc were in transition, coming out of Susan Gail Yoachum graduated in 1975 from who has had her life torn apart by this dis- their socialist state economies and dictator- Southern Methodist University in Dallas with ease. This carnage has to stop. I wrote to ships. While time has shown that the East- bachelors’ degrees in journalism and political plead for more and better research, for more ern Bloc is becoming westernized with the science. She was a reporter for the Dallas and better treatment. Like too many women introduction of freedom, democracy, and pri- Morning News, the Independent Journal in vate enterprise (for example, East and West before me, I wrote to plead: Find something to Germany have become unified), Russia and Marin County and the San Jose Mercury- save my life. To save all of our lives.’’ many of the former members of the U.S.S.R. News, where she was part of the news team We can best remember Susan by working remain in transition, ten years later. that won a 1990 Pulitzer Prize for coverage of to ensure that America’s families are spared Today, Russia is vacillating between forces the Loma Prieta earthquake. the suffering she experienced. for democracy and economic reform, versus a

VerDate jul 14 2003 14:22 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00013 Fmt 0689 Sfmt 0634 E:\BR99\E22JN9.000 E22JN9 13906 EXTENSIONS OF REMARKS June 22, 1999 crime dominated underground economy run Our victory in the Persian Gulf War came Concern over the transfer of critical bal- by gangs and mafia, many of whom served in through the coalition building efforts of listic missile and satellite technology to the former communist government. In a President George Bush and Secretary of Russia can be tempered with the knowledge sense, many of Russia’s economic woes de- State Jim Baker, and the defense buildup that Russia has developed sophisticated bal- rive from its unfamiliarity with free enter- initiated by President Reagan in the 1980s. listic missile technology. U.S. policy, how- prise, the market economy, and a very It is no small matter to realize we won the ever, needs to take on broader view. primitive infrastructure, not the ‘‘failure’’ of Persian Gulf War on the shoulders of the 1. We need to clarify our foreign policy reform. military force we had built to fight the Cold goals with Russia. The support of free enter- The Soviet Union collapsed because its War against the Soviet Union. Bush had al- prise and democracy must continue in this economy had collapsed. No country can de- ready begun the process of spending the country in transition. vote itself to war forever, even Sparta failed. ‘‘peace dividend’’ without respect to learning 2. We need to develop a U.S. heavy lift In addition, communism in Russia had led to the main lesson of President Reagan’s de- booster, if only because we will not be able the economically inefficient—the wasteful fense strategy—the importance of developing to rely on international consortiums in time development—of the Soviet economy. Sto- advanced technology with commercial appli- of war. ries were rampant about how a Sears Cata- cations, and the importance of ballistic mis- The class of heavy lift booster we need logue was viewed as subversive propaganda sile defense to warfighting. should be capable of putting into orbit a pay- because it would show the Russian people In this respect, the Iran/Iraq war of the load of the same size and weight as a chem- how a free society lived. 1980s passed largely unnoticed and unstudied ical Space Based Laser. This would call for a The Soviet Union was a world power, a su- by the West. The Iran/Iraq war featured car- payload bay capable of supporting an 8 meter perpower, because of its warships, fighters, nage and attrition. It also featured the use of diameter mirror (possibly larger), and a pay- nuclear weapons, and ballistic missiles. It ballistic missiles—Scuds—to attack each load weight of nearly 80,000 pounds. Further- was not a superpower because of any intrin- other cities in a war of terror. Thus, the more, this heavy lift booster will need to be sic feature of its communist society. Only its Iran/Iraq war was a precursor, a warning, to capable of launching this payload into Me- vast mineral, oil, and gas resources, and the Iraq’s heavy of ballistic missiles during the dium Earth Orbit, at altitudes of about 600– very high degree of technical training given 1991 Persian Gulf War. 750 miles. Congress responded to our vulnerability to to its scientists and engineers enabled the SPACE POLICY Soviet Union to produce nuclear arms and ballistic missiles seen in the Gulf War (videos of incoming Scuds made an impression) Space is a medium for the projection of ballistic missiles, cloaking itself with mili- by passing the 1991 Missile Defense Act. But global power, a theater for deploying bal- tary strength as a world superpower. this act, by itself, was not enough to prompt listic missile defenses, and a frontier for de- To pursue its agenda of world communism, velopment. German rocket scientists in the Soviet Union supported a defense estab- the U.S. to build a national missile defense, even though the warning bells were already World War II recognized the potential of lishment absorbing, toward the end of the space for world-wide domination, developing Cold War, upwards of 30–40% of its GNP, and being sounded over the proliferation of long range ballistic missiles, such as China’s sale the German V–2 as a precursor to building most of its industrial and scientific talent. of intermediate range ballistic missiles to intercontinental ballistic missiles, and de- In contrast, even at the height of President Saudi Arabia. veloping plans for a large solar lens and Reagan’s buildup, the Cold War absorbed It does little good to criticize the past, but spaceplanes such as the Sa¨ nger glide bomber only 6% of U.S. GNP, and that within the three lessons do stand out from the Gulf War that would use the upper atmosphere to context of a sophisticated research and de- that we need to absorb. First, U.S. military coast to targets aroung the world. velopment program and free enterprise econ- strength needs to be rebuilt. We have been in The threat of long range ballistic missiles omy. Thus, the failure of communism left decline and decay for over a decade. Second, armed with nuclear weapons became obvious the Soviet Union with its legacy of an indus- U.S. military strength needs to be redevel- to defense leaders and scientists in the 1950s. trial base designed for the inefficient produc- oped in the research and development of ad- They wanted to use space for intercepting tion of weapons, rather than a thriving econ- vanced technology. We need to fund new ini- and destroying long range ballistic missiles. omy as in the U.S. tiatives for advanced technology. Third, the The 1958 ‘‘Argus’’ experiment, exploding Leaders in Congress, recognizing the tre- U.S. needs to complete the plan of the Stra- small nuclear warheads in space to energize mendous investment the Soviet Union made tegic Defense Initiative by deploying bal- electrically charged particles, was an at- in the production of nuclear weapons, includ- listic missile defenses in space. tempt to devise a global approach to bal- ing the training of thousands of nuclear mis- We have yet to fully appreciate the role of listic missile defense using space. On another sile scientists and engineers, sought to avert space in our defense. It has been said the 1991 track, Project Defender anticipated the use the sale of this talent and its stockpile of nu- Persian Gulf War was a one-sided space war of space for deploying interceptors to defend clear weapons by means such as the Nunn- where the U.S. was able to freely use its sat- against long range ballistic missiles. Lugar Cooperative Threat Reduction Pro- ellites in space to give it leveraging over Development of a U.S. heavy lift booster is gram. Nunn-Lugar sought to find ways to Iraq, in intelligence, communications, essential for the U.S. to realize its future in gainfully employ talented Soviet engineers weather, and navigation. It is not as clearly space. Space is essential for deploying bal- and scientists outside the production of nu- recognized the Gulf War was also a one-sided listic missile defenses, especially high en- clear weapons and ballistic missiles. Without space war from Iraq’s side, where Iraq was ergy lasers that can take advantage of the such steps, it was feared, and correctly so as able to launch its Scud ballistic missiles long lines of sight found in space, and offer events proved out in, for example, Iran, that traveling through space. While the Air Force a boost phase defense capability with their other nations hostile to the U.S. would si- was successful in suppressing Iraq’s use of speed of light operation. phon off Russia’s scientists, using them for Scuds, once a Scud was launched, the U.S. Space is at the edge of being developed as their own weapons production programs. had no means to stop the Scud except for the a medium for the projection of global power, The broader context of the Nunn-Lugar Co- short-range Patriot. Iraq was able to effec- a theater for operating defenses against in- operative Threat Reduction Program needs tively use space for its ballistic missiles as termediate and long range ballistic missiles, to be addressed. It was developed within the the U.S. had no ballistic missile defenses in and an economic frontier, especially with the context of defending U.S. national security space. discovery of water on the moon. interests. A broader viewpoint should look at HEAVY LIFT BOOSTER How we develop space is critical. We will the role of Nunn-Lugar in U.S. foreign policy The U.S. has needed a heavy lift booster need to deploy ballistic missile defenses in toward Russia, and U.S. defense and immi- capability for decades. While the Space space, and we will need to defend our invest- gration policy. Shuttle comes close to meeting this need, its ment in space against the encroaching pro- 1991 PERSIAN GULF WAR payload has been cutback for safety consid- grams of China and Russia. Space also offers The 1991 Persian Gulf War deserves some erations. Lockheed Martin’s Titan IV–B is itself as a medium for applying and devel- understanding. For it was after this war the still proving itself, and lacks the capability oping advanced technology, and can restore U.S. felt itself vindicated in its application for launching large, very heavy payloads our leadership in defense and advanced tech- of advanced technology for defense (our such as a laser for missile defense. nology. high-tech weapons worked in the Gulf War), The opening of the international space It will do very little good for the U.S. to and in the development of war-fighting doc- launch market to international consortiums deny itself the use of the Russian Proton trine and training that reflected the lessons has resulted in the development of heavy lift heavy lift booster, especially when the Clin- of Vietnam. The leaders of the Persian Gulf booster capability by Russia, China, and Eu- ton administration has not taken the lead in War, General Colin Powell, General Norman rope’s Ariane. Free trade issues would call creating a U.S. heavy lift booster. For the Schwarzkopf, and others of their generation, for laissez-faire. In some respects, the appli- sake of its future in space and its defense, had served their time in Vietnam. They were cation of Nunn-Lugar to the Proton launch the U.S. needs to build its own heavy lift dedicated to reforming the U.S. military vehicle has blurred free trade and defense booster. from the inside, and did not wish to repeat issues for the goal of softening Russia’s eco- Mr. Speaker, Mr. Hughes has provided in- Vietnam. nomic collapse. sightful considerations and recommendations

VerDate jul 14 2003 14:22 Oct 04, 2004 Jkt 069102 PO 00000 Frm 00014 Fmt 0689 Sfmt 9920 E:\BR99\E22JN9.000 E22JN9 June 22, 1999 EXTENSIONS OF REMARKS 13907 for the development of future U.S. space pol- gins, this year’s recipients received their sity, promote ethnic and religious equality, icy. Such informed and practical forward-think- award in the shadow of the historic Great tolerance and harmony, and to combat injus- ing by American men and women is what Hall, where the first footsteps were taken by tice, hatred and bigotry. NECO has a new the millions of immigrants who entered the goal in its humanitarian mission: saving the made our nation the world’s economic, polit- U.S. in the latter part of the nineteenth cen- lives of children with life-threatening medical, military, and industrial superpower. tury. ‘‘Today we honor great ethnic Ameri- ical conditions. NECO has founded The Chil- f cans who, through their achievements and dren of the World Foundation which brings contributions, and in the spirit of their eth- children from developing nations needing ELLIS ISLAND MEDALS OF HONOR nic origins, have enriched this country and life-saving surgery to the United States for AWARDS CEREMONY have become role models for future genera- treatment. This year alone, NECO’s efforts tions,’’ said NECO Chairman William Denis have helped save the lives of six infants from Fugazy. ‘‘In addition, we honor the immi- around the world. HON. DAN BURTON grant experience—those who passed through OF INDIANA this Great Hall decades ago, and the new im- Ellis Island Medal of Honor recipients are IN THE HOUSE OF REPRESENTATIVES migrants who arrive on American soil seek- selected each year through a national nomination process. Screening committees from Tuesday, June 22, 1999 ing opportunity.’’ Mr. Fugazy added,’’ It doesn’t matter how NECO’s member organizations select the Mr. BURTON of Indiana. Mr. Speaker, I you got here or if you already were here. final nominees, who are then considered by submit the following: Ellis Island is a symbol of the freedom, di- the Board of Directors. versity and opportunity—ingredients inher- Past Ellis Island Medal of Honor recipients ELLIS ISLAND MEDALS OF HONOR AWARDS ent in the fabric of this nation. Although have included several U.S. Presidents, enter- CEREMONY—NECO CHAIRMAN WILLIAM many recipients have no familial ties to tainers, athletes, entrepreneurs, religious DENIS FUGAZY LEADS DRAMATIC CEREMONY Ellis Island, their ancestors share similar leaders and business executives, such as Wil- ELLIS ISLAND, NY, May 8.—Standing on the histories of struggle and hope for a better liam Clinton, Ronald Reagan, Jimmy Carter, hallowed grounds of Ellis Island—the portal life here. Gerald Ford, George Bush, Richard Nixon, through which 17 million immigrants en- Established in 1986 by NECO, the Ellis Is- George Pataki, Mario Cuomo, Bob Hope, tered the United States—a cast of ethnic land Medals of Honor pay tribute to the an- Frank Sinatra, Michael Douglas, Gloria Americans who have made significant con- cestry groups that comprise America’s Estefan, Coretta Scott King, Rosa Parks, tributions to the life of this nation were pre- unique cultural mosaic. To date, approxi- Elie Wiesel, Muhammad Ali, Mickey Mantle, sented with the coveted Ellis Island Medal of mately 1,100 ethnic American citizens have General Norman Schwarzkopf, Barbara Wal- Honor at an emotionally uplifting ceremony. received medals. ters, Terry Anderson and Dr. Michael NECO’s annual medal ceremony and recep- NECO is the largest organization of its DeBakey. tion on Ellis Island in New York Harbor is kind in the U.S. serving as an umbrella the Nation’s largest celebration of ethnic group for over 250 ethnic organizations and CONGRATULATIONS TO THE 1999 ELLIS ISLAND pride. Representing a rainbow of ethnic ori- whose mandate is to preserve ethnic diver- MEDAL OF HONOR RECIPIENTS MEDALIST LIST 1999

Name Heritage Occupation

Joseph V. Adamec ...... Slovak Religious Leader. Roger E. Ailes ...... English/Scottish Media Executive. Frank Andrea, Jr...... Italian Business Leader. Karl G. Andren ...... Finnish Business Leader. Thomas A. Athens ...... Hellenic Business Leader. Inge Auerbacher ...... German Chemist/Author/Lecturer. Adrien Barbey ...... Swiss Restaurateur. William G. Barry ...... Irish/Dutch Business Leader. Hans W. Becherer ...... German Business Leader. Marylou Berk ...... Italian Business Leader. Morris Biller ...... Austrian/Hungarian Labor Leader. Karl L. Boeckmann ...... German Business Leader. Nicholas J. Bouras ...... Hellenic Business Leader. Douglas W. Brandrup ...... Danish Attorney/Business Leader. Richard L. Bready ...... Irish Business Leader. David V.B. Britt ...... Welsh/English Educational Communitor. Bard E. Bunaes ...... Norwegian Business Leader. Renzo C. Casellini ...... Swiss Business Leader. Ping Kee Chan ...... Chinese Community Leader. Richard F. Chormann ...... German Business/Community Leader. Hillary Clinton ...... Author, Attorney, Children’s Advocate. John E. Connelly III ...... Irish/English/German Military Officer. Tony Conza ...... Italian Entrepreneur/Business Leader. Antonia Cortese ...... Yugoslavian/Italian Educator/Labor Leader. Richard Clarke Crabtree ...... Irish Entrepreneur. Robert M. Devlin ...... Irish Business Leader. Derek E. Dewan ...... Lebanese Business Leader. Arturo DiModica ...... Italian Artist. Martin P. Doolan ...... Irish Business Leader. Theofanis V. Economidis ...... Hellenic Community Leader. Peter C. Economus ...... Hellenic US District Judge. Riad Farah, M.D...... Palestinian/Syrian Physician. Frank A. Fariello ...... Italian Business Leader. Andrew Farkas ...... Hungarian/German Business Leader. Herbert Feinberg ...... Russian/Polish Business Leader. Lawrence J. Ferolie ...... Italian Business Leader. George N. Fishman ...... Russian/Austrian Business Leader. Joe T. Ford ...... Irish Business Leader. M. Irene Fugazy ...... Irish/Italian Author/Educator. George N. Fugelsang ...... Danish/English/Swiss Business Leader. Mark E. Galantowicz ...... Polish Surgeon. Richard D. Gidron, Sr...... African Business Leader. Rosa Maria Gil ...... Cuban Government Health Leader. Tom Gleason ...... Irish Business Leader. John Glenn ...... Astronaut/Former US Senator. Marc Goldman ...... Russian/Polish Business Leader. Ernest P. Gonzalez ...... Nicaraguan/Panamanian Business Leader. Virginia Hanrahan ...... Irish Community Leader. Fred Hassan ...... Pakistani Business Leader. James A. Henderson ...... Scottish Business Leader. William J. Hudson ...... Eng/Welsh/French Business Leader. H. Wayne Huizenga ...... Dutch Business Leader/Entrepreneur. Constantine Iordanou ...... Cypriot Business Leader. Thomas S. Johnson ...... Swedish/Irish Business/Community Leader. Quincy Jones ...... African Producer/Composer. Richard J. Kaminski ...... Polish/Ukrainian Business Leader. George Kantakis ...... Hellenic/Italian Business Leader. Constantine N. Katsoris ...... Hellenic Educator. Raymond J. Kayal, Sr...... Syrian Business Leader. Patrick E. Kelleher ...... Irish Law Enforcement Officer. Sue Kelly ...... German Member of Congress.

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Name Heritage Occupation

Jeong H. Kim ...... Korean Business Leader. Lila Kim ...... Korean Artist/Community Leader. Emanuel M. Kontokosta ...... Hellenic Entrepreneur. Edward Kopko ...... Polish Business Leader. Arthur G. Koumantzelis ...... Hellenic Business Leader. Robert Kenneth Kraft ...... Russian/Polish Business Leader/Entrepreneur. Ute Wolff Lally ...... German Justice. Frank Lanza ...... Italian Business Leader. Michael D. Lappin ...... Russian Community Leader. Peter N. Larson ...... Norwegian/Eng/Ger Business Leader. Kun Y. Lee ...... Korean Community Leader. Kenneth R. Leibler ...... German/Austrian Business Leader. Vernon R. Loucks Jr...... Dutch/Eng/Welsh Business Leader. Alex Machaskee ...... Yugoslavian Publisher. Paula Madison ...... Jamaican/Chinese Television News Executive. Nadine Malone ...... Irish/German Business Leader. Nick Mamalakis ...... Hellenic Community Leader. Andrew E. Manatos ...... Hellenic Community Leader. Charles Marangoudakis ...... Hellenic Entrepreneur. Victor Marrero ...... Puerto Rican Ambassador. Rose Mattus ...... Irish/Russian Business Leader/Entrepreneur. John M. Mavroudis ...... Hellenic Business Leader. H. Carl McCall ...... African NYS Comptroller. Richard D. McCormick ...... Irish Business Leader. Marianne McDonald ...... Irish Educator/Author. James M. McGuire ...... Irish Attorney. Robert Merrill ...... Polish Opera Baritone. Barbara A. Mikulski ...... Polish United States Senator. Edward D. Miller ...... Lithuanian/Italian Business Leader. Jolene Moritz Molitoris ...... Polish/Slovakian Administrator/Federal Railroad Adminis. William T. Monahan ...... Irish Business Leader. Angelo R. Mozilo ...... Italian Mortgage Industry Leader. Joseph T. Mullen ...... Scottish/Irish Business Leader. Arthur Nadata ...... Danish Entrepreneur. Vincent J. Naimoli ...... Italian Business Leader. Carolann S. Najarian, MD ...... Armenian Physician. Robert C. Nakasone ...... Japanese Business Leader. Wayne Newton ...... Native American/Irish/German Entertainer/Actor. Raymond T. O’Keefe, Jr...... Irish/English/Dutch Business Leader. Thomas D. O’Malley ...... Irish Business Leader. Peter L. O’Neill ...... Irish Business Leader. Nicholas P. Papadakos ...... Hellenic Jurist. Tom Pappas ...... Hellenic Educator/Labor Leader. Poozant Piranian ...... Armenian Community Leader. John J. Pomerantz ...... Polish/Austrian Business Leader. Lois Berrodin Pope ...... French/Welsh Community Leader/Philanthropist. Charles G. Preble ...... Eng/French/Irish Business Leader. Heinz C. Prechter ...... German Business Leader/Entrepreneur. Richard B. Priory ...... Irish/Eng/Dutch Business Leader. Rodney R. Proto ...... Italian Business Leader. Max Recone ...... Ukrainian/Polish Business Leader. William Rehnquist ...... Swedish Chief Justice. Victor M. Richel ...... Italian Business Leader. Richard Dean Rockwell ...... Austrian Business Leader. Eric A. Rose, MD ...... Russian/Austrian Physician. Jack Ryan ...... Irish Labor Leader. Edward San Luis ...... Filipino/English Business Leader. Michael Sawruk ...... Ukrainian Entrepreneur. Lewis D. Schiliro ...... Italian Law Enforcement Officer. Irving Schneider ...... Russian Business Leader. Berge Setrakian ...... Armenian/Lebanese Community Leader. Richard C. Shadyac ...... Lebanese/Irish Non-Profit CEO. Clarence O. Smith ...... African Entrepreneur. Joseph A. Spinelli ...... Italian Business Leader. Nicholas J. St. George ...... Italian Business Leader. Dickran Tevrizian ...... Armenian Judge. Charles F. Thomas ...... Irish/English Business Leader. Marlo Thomas ...... Lebanese/Italian Actress, Producer, Social Activist. John M. Tsimbinos ...... Hellenic Business Leader. Nicholas A. Tzimas, MD ...... Hellenic Physician. Louis V. Varone ...... Italian Real Estate Broker. George R. Wackenhut ...... German Business Leader. Chrsitine M. Warnke ...... Hellenic/German Community Leader. Mark H. Willes ...... English Business Leader. Susan J. Willis ...... Russ/Eng/Pol/Aust Community Leader/Entrepreneur. John Wren ...... Irish Business Leader. Alejandro Yemenidjian ...... Armenian Business Leader. George Younan, MD ...... Lebanese Diplomat in Internal Medicine.

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